NJ A160

First responders (law enforcement, firefighters, EMS personnel) who may have been exposed to bloodborne pathogens through bodily fluid contact or needle pricks can request testing of the person involved within 24 hours by notifying the local public health officer.

Public health officers must first seek voluntary consent for bloodborne pathogen testing (including HIV, hepatitis B and C); if the person refuses within 24 hours, the officer must file an emergency court application to compel testing.

Courts must order testing if they find by preponderance of evidence that a risk of pathogen transmission exists, with testing to be performed as soon as practicable at a licensed facility.

Test results are disclosed only to the tested person and the requesting first responder, and cannot be used for law enforcement purposes or as civil evidence; unauthorized disclosure is a fourth-degree crime punishable by up to 18 months imprisonment and/or $10,000 fine.

Courts may order the tested person to reimburse the state for testing costs, and healthcare providers performing court-ordered tests receive immunity from civil and criminal liability.