HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 325, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§325- Communicable diseases; occupational exposure; required testing of source person or decedent. (a) Notwithstanding section 325-16, any law enforcement officer, correctional officer, emergency medical services personnel, firefighter, medical examiner or coroner, employee or volunteer
of a medical examiner or coroner, employee or volunteer of a criminal justice agency, or employee or volunteer of a public agency who, in the course of duties, may have been exposed to a communicable disease through contact with human blood or bodily fluids, or the employer or volunteer agency of such a person, may petition a court for an order requiring the medical testing of a person or decedent who is the source of the potential exposure.
(b) When possible, before filing a petition pursuant to subsection (a), the petitioner shall submit, in writing or in a manner specified by the department of health, information concerning the possible exposure to the department of health to document the possible exposure to a communicable disease and for verification that there was substantial exposure. The department of health shall establish criteria based on current scientific information to determine substantial exposure.
(c) A court shall promptly hear a petition filed pursuant to subsection (a) and determine whether there is probable cause to believe that a possible exposure to a communicable disease occurred through the transfer of blood or other bodily fluids between the petitioner and a person or decedent who is the source of the potential exposure. If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred and that a positive result from the test for the presence of a communicable disease would require the petitioner to seek medical intervention, the court shall:
(1) Order the person who possibly exposed the petitioner to a communicable disease to submit two appropriate specimens to a hospital or medical laboratory for testing; or
(2) Order that two appropriate specimens be taken from the decedent who possibly exposed the petitioner to a communicable disease and submitted to a hospital or medical laboratory for testing.
The hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test to the petitioner and in accordance with section 325-101.
(d) If a judge enters an order pursuant to this section, the judge may authorize the department of health to sign the name of the judge on a duplicate order, which shall include the printed name of the issuing judge on its face. Such a duplicate order shall be deemed to be an order of the court. As soon as practicable after the duplicate order is signed, the duplicate order shall be returned to the judge who authorized the signing of it. The judge, upon receiving the returned order, shall endorse the order with the judge's signature and enter the date on which the order was returned. Any failure of the judge to make such an endorsement and entry shall not in and of itself invalidate the order.
(e) Except for disclosure to the petitioner and as otherwise provided in section 325-101, all records submitted to the court in connection with a petition filed pursuant to this section and any proceedings concerning the petition shall be confidential and the judge shall order the records and any record of the proceedings to be sealed and to be opened for inspection only upon an order of the court for good cause shown.
(f) A court may adopt rules to allow a judge to conduct a hearing or issue an order pursuant to this section by electronic or telephonic means.
(g) The petitioner's employer or the agency for which the petitioner volunteers, or the employer or agency's insurer, shall pay the cost of performing any test ordered pursuant to subsection (c).
(h) As used in this section:
"Communicable disease" means a disease declared to be communicable by the director of health pursuant to section 325-1.
"Criminal justice agency" shall have the same meaning as defined in section 846-1.
"Emergency medical services personnel" shall have the same meaning as defined in section 321-222.
"Law enforcement officer" includes any police officer, public safety officer, parole or probation officer, or any other officer of any county, state, federal, or military agency authorized to exercise law enforcement or police powers."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Communicable Disease; Required Testing; Disclosure
Authorizes public sector employees and volunteers who may have been exposed to a communicable disease through contact with bodily fluids in the course of their duties to petition a court for an order requiring testing of the person or decedent who is the source of the possible exposure. Limits disclosure of test results.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.