MN HF2777

Emergency medical services agencies or individuals may petition district court to require a source individual to provide a blood sample for blood-borne pathogen testing without the source individual's consent.

Court petitions must include affidavits documenting that procedures were followed, a significant exposure occurred to the EMS person, and a physician specializing in infectious diseases has determined test results are medically necessary.

Court may order blood sample collection if there is probable cause of significant exposure, appropriate safeguards against unauthorized disclosure are imposed, a licensed physician needs results for treatment, and the court finds a compelling need after weighing the source individual's privacy, health, safety, and economic interests against public interest.

Court proceedings shall be conducted in camera unless a party requests an open hearing, and the court may conduct an ex parte hearing if the source individual fails to attend after proper notice.

Peace officers may take a noncompliant source individual into temporary custody to obtain a blood sample, with the person held no longer than necessary to secure the sample and no more than 24 hours without a court hearing.