MN SF3350

Emergency medical services agencies or persons may petition district court to require a source individual to provide a blood sample for blood-borne pathogen testing.

Petition must include affidavits confirming facility followed procedures, a significant exposure occurred to the EMS person, and a physician with infectious disease expertise documented the EMS person's need for test results for medical treatment.

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 while weighing the source individual's privacy, health, safety, and economic interests.

Court shall conduct proceedings in camera unless a public hearing is requested and deemed necessary; ex parte hearings are permitted if the source individual fails to attend a properly noticed hearing.

Peace officers may take a noncompliant source individual into custody to obtain a blood sample, with custody limited to only the time necessary to secure the sample and a maximum of 24 hours without a court hearing.