{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-45.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-45.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-45.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-45.1.html"}],"law_id":71237,"edition_id":1,"section_id":71237,"structure_id":16047,"section_number":"32.1-45.1","catch_line":"Deemed consent to testing and release of test results related to infection with human immunodeficiency virus or hepatitis B or C viruses","history":"1989, c. 613; 1993, c. 315; 1994, cc. 230, 236; 1997, c. 869; 2003, c. 1; 2008, cc. 191, 339; 2009, cc. 96, 478, 552, 813, 840; 2015, cc. 51, 502, 503; 2019, c. 27; 2020, c. 502; 2024, c. 190.","full_text":"A\n\nWhenever any health care provider, or any person employed by or under the direction and control of a health care provider, is directly exposed to body fluids of a patient in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the patient whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such patient shall also be deemed to have consented to the release of such test results to the person who was exposed. In other than emergency situations, it shall be the responsibility of the health care provider to inform patients of this provision prior to providing them with health care services which create a risk of such exposure.B\n\nWhenever any patient is directly exposed to body fluids of a health care provider, or of any person employed by or under the direction and control of a health care provider, in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person shall also be deemed to have consented to the release of such test results to the patient who was exposed.C\n\nFor the purposes of this section, “health care provider” means any person, facility or agency licensed or certified to provide care or treatment by the Department of Health, Department of Behavioral Health and Developmental Services, Department of Rehabilitative Services, or the Department of Social Services, any person licensed or certified by a health regulatory board within the Department of Health Professions except for the Boards of Funeral Directors and Embalmers and Veterinary Medicine or any personal care agency contracting with the Department of Medical Assistance Services.D\n\n“Health care provider,” as defined in subsection C, shall be deemed to include any person who renders emergency care or assistance, without compensation and in good faith, at the scene of an accident, fire, or any life-threatening emergency, or while en route therefrom to any hospital, medical clinic or doctor’s office during the period while rendering such emergency care or assistance. The Department of Health shall provide appropriate counseling and opportunity for face-to-face disclosure of any test results to any such person.E\n\nWhenever any law-enforcement officer, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider is directly exposed to body fluids of a person in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person shall also be deemed to have consented to the release of such test results to the person who was exposed. If the person whose body fluids were involved in the exposure is deceased, the decedent’s next of kin shall be deemed to have consented to testing of the decedent’s blood for infection with human immunodeficiency virus or hepatitis B or C viruses and release of such test results to the person who was exposed.F\n\nWhenever a person is directly exposed to the body fluids of a law-enforcement officer, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The law-enforcement officer, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider shall also be deemed to have consented to the release of such test results to the person who was exposed.G\n\nFor the purposes of this section, “law-enforcement officer” means a person who is both (i) engaged in his public duty at the time of such exposure and (ii) employed by any sheriff’s office, any adult or youth correctional facility, or any state or local law-enforcement agency, or any agency or department under the direction and control of the Commonwealth or any local governing body that employs persons who have law-enforcement authority.H\n\nWhenever any school board employee is directly exposed to body fluids of any person in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person shall also be deemed to have consented to the release of such test results to the school board employee who was exposed.I\n\nWhenever any person is directly exposed to the body fluids of a school board employee in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the school board employee whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The school board employee shall also be deemed to have consented to the release of such test results to the person.J\n\nFor the purposes of this section, “school board employee” means a person who is both (i) acting in the course of employment at the time of such exposure and (ii) employed by any local school board in the Commonwealth.K\n\nFor purposes of this section, if the person whose blood specimen is sought for testing is a minor, consent for obtaining such specimen shall be obtained from the parent, guardian, or person standing in loco parentis of such minor prior to initiating such testing. If the parent or guardian or person standing in loco parentis withholds such consent, or is not reasonably available, the person potentially exposed to the human immunodeficiency virus or hepatitis B or C viruses, or the employer of such person, may petition the juvenile and domestic relations district court in the county or city where the minor resides or resided, or, in the case of a nonresident, the county or city where the health care provider, law-enforcement agency or school board has its principal office or, in the case of a health care provider rendering emergency care pursuant to subsection D, the county or city where the exposure occurred, for an order requiring the minor to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section.L\n\nExcept as provided in subsection K, if the person whose blood specimen is sought for testing refuses to provide such specimen, any person identified by this section who was potentially exposed to the human immunodeficiency virus or the hepatitis B or C viruses in the manner described by this section, or the employer of such person, or the local attorney for the Commonwealth in the county or city in which the exposure occurred if such exposed person is a law-enforcement officer, may petition, on a form to be provided by the Office of the Executive Secretary of the Supreme Court of Virginia, the general district court of the county or city in which the person whose specimen is sought resides or resided, or, in the case of a nonresident, the county or city where the health care provider, law-enforcement agency or school board has its principal office or, in the case of a health care provider rendering emergency care pursuant to subsection D, the county or city where the exposure occurred, for an order requiring the person to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section. A hearing on such a petition shall be given precedence on the docket so as to be heard by the court within 48 hours of the filing of the petition, or, if the court is closed during such time period, such petition shall be heard on the next day that the court is in session. A copy of the petition, which shall specify the date and location of the hearing, shall be provided to the person whose specimen is sought. At any hearing before the court, the person whose specimen is sought or his counsel may appear. The court may be advised by the Commissioner or his designee prior to entering any testing order. If the general district court determines that there is probable cause to believe that a person identified by this section has been exposed in the manner prescribed by this section, the court shall issue an order requiring the person whose bodily fluids were involved in the exposure to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section. If a testing order is issued, both the petitioner and the person from whom the blood specimen is sought shall receive counseling and opportunity for face-to-face disclosure of any test results by a licensed practitioner or trained counselor.M\n\nAny person who is subject to a testing order may appeal the order of the general district court to the circuit court of the same jurisdiction within 10 days of receiving notice of the order. Any hearing conducted pursuant to this subsection shall be held in camera as soon as practicable. The record shall be sealed. The order of the circuit court shall be final and nonappealable.N\n\nNo specimen obtained pursuant to this section shall be tested for any purpose other than for the purpose provided for in this section, nor shall the specimen or the results of any testing pursuant to this section be used for any purpose in any criminal matter or investigation. Any violation of this subsection shall constitute reversible error in any criminal case in which the specimen or results were used.","order_by":null,"text":{"0":{"id":256755,"text":"Whenever any health care provider, or any person employed by or under the direction and control of a health care provider, is directly exposed to body fluids of a patient in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the patient whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such patient shall also be deemed to have consented to the release of such test results to the person who was exposed. In other than emergency situations, it shall be the responsibility of the health care provider to inform patients of this provision prior to providing them with health care services which create a risk of such exposure.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256756,"text":"Whenever any patient is directly exposed to body fluids of a health care provider, or of any person employed by or under the direction and control of a health care provider, in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person shall also be deemed to have consented to the release of such test results to the patient who was exposed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256757,"text":"For the purposes of this section, “health care provider” means any person, facility or agency licensed or certified to provide care or treatment by the Department of Health, Department of Behavioral Health and Developmental Services, Department of Rehabilitative Services, or the Department of Social Services, any person licensed or certified by a health regulatory board within the Department of Health Professions except for the Boards of Funeral Directors and Embalmers and Veterinary Medicine or any personal care agency contracting with the Department of Medical Assistance Services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":256758,"text":"“Health care provider,” as defined in subsection C, shall be deemed to include any person who renders emergency care or assistance, without compensation and in good faith, at the scene of an accident, fire, or any life-threatening emergency, or while en route therefrom to any hospital, medical clinic or doctor’s office during the period while rendering such emergency care or assistance. The Department of Health shall provide appropriate counseling and opportunity for face-to-face disclosure of any test results to any such person.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":256759,"text":"Whenever any law-enforcement officer, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider is directly exposed to body fluids of a person in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person shall also be deemed to have consented to the release of such test results to the person who was exposed. If the person whose body fluids were involved in the exposure is deceased, the decedent’s next of kin shall be deemed to have consented to testing of the decedent’s blood for infection with human immunodeficiency virus or hepatitis B or C viruses and release of such test results to the person who was exposed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":256760,"text":"Whenever a person is directly exposed to the body fluids of a law-enforcement officer, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The law-enforcement officer, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider shall also be deemed to have consented to the release of such test results to the person who was exposed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":256761,"text":"For the purposes of this section, “law-enforcement officer” means a person who is both (i) engaged in his public duty at the time of such exposure and (ii) employed by any sheriff’s office, any adult or youth correctional facility, or any state or local law-enforcement agency, or any agency or department under the direction and control of the Commonwealth or any local governing body that employs persons who have law-enforcement authority.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":256762,"text":"Whenever any school board employee is directly exposed to body fluids of any person in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person shall also be deemed to have consented to the release of such test results to the school board employee who was exposed.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":256763,"text":"Whenever any person is directly exposed to the body fluids of a school board employee in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the school board employee whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The school board employee shall also be deemed to have consented to the release of such test results to the person.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":256764,"text":"For the purposes of this section, “school board employee” means a person who is both (i) acting in the course of employment at the time of such exposure and (ii) employed by any local school board in the Commonwealth.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":256765,"text":"For purposes of this section, if the person whose blood specimen is sought for testing is a minor, consent for obtaining such specimen shall be obtained from the parent, guardian, or person standing in loco parentis of such minor prior to initiating such testing. If the parent or guardian or person standing in loco parentis withholds such consent, or is not reasonably available, the person potentially exposed to the human immunodeficiency virus or hepatitis B or C viruses, or the employer of such person, may petition the juvenile and domestic relations district court in the county or city where the minor resides or resided, or, in the case of a nonresident, the county or city where the health care provider, law-enforcement agency or school board has its principal office or, in the case of a health care provider rendering emergency care pursuant to subsection D, the county or city where the exposure occurred, for an order requiring the minor to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":256766,"text":"Except as provided in subsection K, if the person whose blood specimen is sought for testing refuses to provide such specimen, any person identified by this section who was potentially exposed to the human immunodeficiency virus or the hepatitis B or C viruses in the manner described by this section, or the employer of such person, or the local attorney for the Commonwealth in the county or city in which the exposure occurred if such exposed person is a law-enforcement officer, may petition, on a form to be provided by the Office of the Executive Secretary of the Supreme Court of Virginia, the general district court of the county or city in which the person whose specimen is sought resides or resided, or, in the case of a nonresident, the county or city where the health care provider, law-enforcement agency or school board has its principal office or, in the case of a health care provider rendering emergency care pursuant to subsection D, the county or city where the exposure occurred, for an order requiring the person to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section. A hearing on such a petition shall be given precedence on the docket so as to be heard by the court within 48 hours of the filing of the petition, or, if the court is closed during such time period, such petition shall be heard on the next day that the court is in session. A copy of the petition, which shall specify the date and location of the hearing, shall be provided to the person whose specimen is sought. At any hearing before the court, the person whose specimen is sought or his counsel may appear. The court may be advised by the Commissioner or his designee prior to entering any testing order. If the general district court determines that there is probable cause to believe that a person identified by this section has been exposed in the manner prescribed by this section, the court shall issue an order requiring the person whose bodily fluids were involved in the exposure to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section. If a testing order is issued, both the petitioner and the person from whom the blood specimen is sought shall receive counseling and opportunity for face-to-face disclosure of any test results by a licensed practitioner or trained counselor.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"12":{"id":256767,"text":"Any person who is subject to a testing order may appeal the order of the general district court to the circuit court of the same jurisdiction within 10 days of receiving notice of the order. Any hearing conducted pursuant to this subsection shall be held in camera as soon as practicable. The record shall be sealed. The order of the circuit court shall be final and nonappealable.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"13":{"id":256768,"text":"No specimen obtained pursuant to this section shall be tested for any purpose other than for the purpose provided for in this section, nor shall the specimen or the results of any testing pursuant to this section be used for any purpose in any criminal matter or investigation. Any violation of this subsection shall constitute reversible error in any criminal case in which the specimen or results were used.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M"}},"ancestry":[{"id":16047,"edition_id":1,"name":"Disease Control Measures","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 04:04:37","date_modified":"2026-06-26 04:04:37","permalink":{"id":201951,"object_type":"structure","relational_id":16047,"identifier":"3","token":"32.1\/2\/3","url":"\/32.1\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76165,"structure_id":16047,"section_number":"32.1-42","catch_line":"Emergency rules and regulations","url":"\/32.1-42\/","token":"32.1\/2\/3\/32.1-42","metadata":false},{"id":66908,"structure_id":16047,"section_number":"32.1-42.1","catch_line":"Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency","url":"\/32.1-42.1\/","token":"32.1\/2\/3\/32.1-42.1","metadata":false},{"id":78441,"structure_id":16047,"section_number":"32.1-42.2","catch_line":"Declared emergency; 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Sess. I, c. 472, cl. 2) Real-time information sharing for emergency medical services agencies","url":"\/32.1-48.001\/","token":"32.1\/2\/3\/32.1-48.001","metadata":false}],"previous_section":{"id":73376,"structure_id":16047,"section_number":"32.1-45","catch_line":"Expense of treatment","url":"\/32.1-45\/","token":"32.1\/2\/3\/32.1-45","metadata":false},"next_section":{"id":68561,"structure_id":16047,"section_number":"32.1-45.2","catch_line":"Public safety employees; testing for blood-borne pathogens; procedure available for certain citizens; definitions","url":"\/32.1-45.2\/","token":"32.1\/2\/3\/32.1-45.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-45.1\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 613 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 315; in 1994, chapters 230<\/a> and 236<\/a>; in 1997, chapter 869<\/a>; in 2003, chapter 1<\/a>; in 2008, chapters 191<\/a> and 339<\/a>; in 2009, chapters 96<\/a>, 478<\/a>, 552<\/a>, 813<\/a>, and 840<\/a>; in 2015, chapters 51<\/a>, 502<\/a>, and 503<\/a>; in 2019, chapter 27<\/a>; in 2020, chapter 502<\/a>; in 2024, chapter 190<\/a>.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":80851,"section_number":"22.1-271.3","catch_line":"Guidelines for school attendance for children infected with human immunodeficiency virus; school personnel training required; notification of school personnel in certain cases","order_by":null,"url":"\/22.1-271.3\/"}],"refers_to":false,"permalink":{"id":201977,"object_type":"law","relational_id":71237,"identifier":"32.1-45.1","token":"32.1\/2\/3\/32.1-45.1","url":"\/32.1-45.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-45.1\/","token":"32.1\/2\/3\/32.1-45.1","dublin_core":{"Title":"Deemed consent to testing and release of test results related to infection with human immunodeficiency virus or hepatitis B or C viruses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-45.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any health care provider<\/span>, or any person<\/span> employed by or under the direction and control of a health care provider<\/span>, is directly exposed to body fluids of a patient in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the patient whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such patient shall also be deemed to have consented to the release of such test results to the person<\/span> who was exposed. In other than emergency situations, it shall be the responsibility of the health care provider<\/span> to inform patients of this provision prior to providing them with health care services which create a risk of such exposure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever any patient is directly exposed to body fluids of a health care provider<\/span>, or of any person<\/span> employed by or under the direction and control of a health care provider<\/span>, in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person<\/span> whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person<\/span> shall also be deemed to have consented to the release of such test results to the patient who was exposed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section, “health care provider<\/span>” means any person<\/span>, facility or agency licensed or certified to provide care or treatment by the Department<\/span> of Health, Department<\/span> of Behavioral Health and Developmental Services, Department<\/span> of Rehabilitative Services, or the Department<\/span> of Social Services, any person<\/span> licensed or certified by a health regulatory board<\/span> within the Department<\/span> of Health Professions except for the Boards<\/span> of Funeral Directors and Embalmers and Veterinary Medicine or any personal care agency contracting with the Department<\/span> of Medical Assistance Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> “Health care provider<\/span>,” as defined in subsection C, shall be deemed to include any person<\/span> who renders emergency care or assistance, without compensation and in good faith, at the scene of an accident, fire, or any life-threatening emergency, or while en route therefrom to any hospital, medical clinic or doctor’s office during the period while rendering such emergency care or assistance. The Department<\/span> of Health shall provide appropriate counseling and opportunity for face-to-face disclosure of any test results to any such person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Whenever any law<\/span>-enforcement officer<\/span>, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider is directly exposed to body fluids of a person<\/span> in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person<\/span> whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person<\/span> shall also be deemed to have consented to the release of such test results to the person<\/span> who was exposed. If the person<\/span> whose body fluids were involved in the exposure is deceased, the decedent’s next of kin shall be deemed to have consented to testing of the decedent’s blood for infection with human immunodeficiency virus or hepatitis B or C viruses and release of such test results to the person<\/span> who was exposed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Whenever a person<\/span> is directly exposed to the body fluids of a law<\/span>-enforcement officer<\/span>, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person<\/span> whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The law<\/span>-enforcement officer<\/span>, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider shall also be deemed to have consented to the release of such test results to the person<\/span> who was exposed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For the purposes of this section, “law<\/span>-enforcement officer<\/span>” means a person<\/span> who is both (i) engaged in his public duty at the time of such exposure and (ii) employed by any sheriff’s office, any adult or youth correctional facility, or any state or local law<\/span>-enforcement agency, or any agency or department<\/span> under the direction and control of the Commonwealth or any local governing body that employs persons<\/span> who have law<\/span>-enforcement authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Whenever any school board employee<\/span> is directly exposed to body fluids of any person<\/span> in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the person<\/span> whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person<\/span> shall also be deemed to have consented to the release of such test results to the school board employee<\/span> who was exposed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Whenever any person<\/span> is directly exposed to the body fluids of a school board employee<\/span> in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the school board employee<\/span> whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The school board employee<\/span> shall also be deemed to have consented to the release of such test results to the person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> For the purposes of this section, “school board employee<\/span>” means a person<\/span> who is both (i) acting in the course of employment at the time of such exposure and (ii) employed by any local school board in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> For purposes of this section, if the person<\/span> whose blood specimen is sought for testing is a minor<\/span>, consent for obtaining such specimen shall be obtained from the parent, guardian, or person<\/span> standing in loco parentis of such minor<\/span> prior to initiating such testing. If the parent or guardian or person<\/span> standing in loco parentis withholds such consent, or is not reasonably available, the person<\/span> potentially exposed to the human immunodeficiency virus or hepatitis B or C viruses, or the employer of such person<\/span>, may petition<\/span> the juvenile and domestic relations district court<\/span> in the county or city where the minor<\/span> resides or resided, or, in the case of a nonresident, the county or city where the health care provider<\/span>, law<\/span>-enforcement agency or school board has its principal office or, in the case of a health care provider<\/span> rendering emergency care pursuant to subsection D, the county or city where the exposure occurred, for an order<\/span> requiring the minor<\/span> to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Except as provided in subsection K, if the person<\/span> whose blood specimen is sought for testing refuses to provide such specimen, any person<\/span> identified by this section who was potentially exposed to the human immunodeficiency virus or the hepatitis B or C viruses in the manner described by this section, or the employer of such person<\/span>, or the local attorney for the Commonwealth in the county or city in which the exposure occurred if such exposed person<\/span> is a law<\/span>-enforcement officer<\/span>, may petition<\/span>, on a form to be provided by the Office of the Executive Secretary of the Supreme Court<\/span> of Virginia, the general district court<\/span> of the county or city in which the person<\/span> whose specimen is sought resides or resided, or, in the case of a nonresident, the county or city where the health care provider<\/span>, law<\/span>-enforcement agency or school board has its principal office or, in the case of a health care provider<\/span> rendering emergency care pursuant to subsection D, the county or city where the exposure occurred, for an order<\/span> requiring the person<\/span> to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section. A hearing<\/span> on such a petition<\/span> shall be given precedence on the docket<\/span> so as to be heard by the court<\/span> within 48 hours of the filing of the petition<\/span>, or, if the court<\/span> is closed during such time period, such petition<\/span> shall be heard on the next day that the court<\/span> is in session. A copy of the petition<\/span>, which shall specify the date and location of the hearing<\/span>, shall be provided to the person<\/span> whose specimen is sought. At any hearing<\/span> before the court<\/span>, the person<\/span> whose specimen is sought or his counsel<\/span> may appear. The court<\/span> may be advised by the Commissioner<\/span> or his designee prior to entering any testing order<\/span>. If the general district court<\/span> determines that there is probable cause<\/span> to believe that a person<\/span> identified by this section has been exposed in the manner prescribed by this section, the court<\/span> shall issue<\/span> an order<\/span> requiring the person<\/span> whose bodily fluids were involved in the exposure to provide a blood specimen or to submit to testing and to disclose the test results in accordance with this section. If a testing order<\/span> is issued, both the petitioner and the person<\/span> from whom the blood specimen is sought shall receive counseling and opportunity for face-to-face disclosure of any test results by a licensed practitioner or trained counselor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Any person<\/span> who is subject to a testing order<\/span> may appeal<\/span> the order<\/span> of the general district court<\/span> to the circuit<\/span> court<\/span> of the same jurisdiction<\/span> within 10 days of receiving notice of the order<\/span>. Any hearing<\/span> conducted pursuant to this subsection shall be held in camera<\/span> as soon as practicable. The record shall be sealed<\/span>. The order<\/span> of the circuit<\/span> court<\/span> shall be final and nonappealable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> No specimen obtained pursuant to this section shall be tested for any purpose other than for the purpose provided for in this section, nor shall the specimen or the results of any testing pursuant to this section be used for any purpose in any criminal matter or investigation. Any violation of this subsection shall constitute reversible error in any criminal case in which the specimen or results were used. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEEMED CONSENT TO TESTING AND RELEASE OF TEST RESULTS RELATED TO INFECTION WITH\nHUMAN IMMUNODEFICIENCY VIRUS OR HEPATITIS B OR C VIRUSES (\u00a7 32.1-45.1)\n\nA. Whenever any health care provider, or any person employed by or under the\ndirection and control of a health care provider, is directly exposed to body\nfluids of a patient in a manner that may, according to the then current\nguidelines of the Centers for Disease Control and Prevention, transmit human\nimmunodeficiency virus or hepatitis B or C viruses, the patient whose body\nfluids were involved in the exposure shall be deemed to have consented to\ntesting for infection with human immunodeficiency virus or hepatitis B or C\nviruses. Such patient shall also be deemed to have consented to the release of\nsuch test results to the person who was exposed. In other than emergency\nsituations, it shall be the responsibility of the health care provider to inform\npatients of this provision prior to providing them with health care services\nwhich create a risk of such exposure.\n\nB. Whenever any patient is directly exposed to body fluids of a health care\nprovider, or of any person employed by or under the direction and control of a\nhealth care provider, in a manner that may, according to the then current\nguidelines of the Centers for Disease Control and Prevention, transmit human\nimmunodeficiency virus or hepatitis B or C viruses, the person whose body fluids\nwere involved in the exposure shall be deemed to have consented to testing for\ninfection with human immunodeficiency virus or hepatitis B or C viruses. Such\nperson shall also be deemed to have consented to the release of such test\nresults to the patient who was exposed.\n\nC. For the purposes of this section, “health care provider” means\nany person, facility or agency licensed or certified to provide care or\ntreatment by the Department of Health, Department of Behavioral Health and\nDevelopmental Services, Department of Rehabilitative Services, or the Department\nof Social Services, any person licensed or certified by a health regulatory\nboard within the Department of Health Professions except for the Boards of\nFuneral Directors and Embalmers and Veterinary Medicine or any personal care\nagency contracting with the Department of Medical Assistance Services.\n\nD. “Health care provider,” as defined in subsection C, shall be\ndeemed to include any person who renders emergency care or assistance, without\ncompensation and in good faith, at the scene of an accident, fire, or any\nlife-threatening emergency, or while en route therefrom to any hospital, medical\nclinic or doctor’s office during the period while rendering such emergency\ncare or assistance. The Department of Health shall provide appropriate\ncounseling and opportunity for face-to-face disclosure of any test results to\nany such person.\n\nE. Whenever any law-enforcement officer, salaried or volunteer firefighter, or\nsalaried or volunteer emergency medical services provider is directly exposed to\nbody fluids of a person in a manner that may, according to the then current\nguidelines of the Centers for Disease Control and Prevention, transmit human\nimmunodeficiency virus or hepatitis B or C viruses, the person whose body fluids\nwere involved in the exposure shall be deemed to have consented to testing for\ninfection with human immunodeficiency virus or hepatitis B or C viruses. Such\nperson shall also be deemed to have consented to the release of such test\nresults to the person who was exposed. If the person whose body fluids were\ninvolved in the exposure is deceased, the decedent’s next of kin shall be\ndeemed to have consented to testing of the decedent’s blood for infection\nwith human immunodeficiency virus or hepatitis B or C viruses and release of\nsuch test results to the person who was exposed.\n\nF. Whenever a person is directly exposed to the body fluids of a law-enforcement\nofficer, salaried or volunteer firefighter, or salaried or volunteer emergency\nmedical services provider in a manner that may, according to the then current\nguidelines of the Centers for Disease Control and Prevention, transmit human\nimmunodeficiency virus or hepatitis B or C viruses, the person whose body fluids\nwere involved in the exposure shall be deemed to have consented to testing for\ninfection with human immunodeficiency virus or hepatitis B or C viruses. The\nlaw-enforcement officer, salaried or volunteer firefighter, or salaried or\nvolunteer emergency medical services provider shall also be deemed to have\nconsented to the release of such test results to the person who was exposed.\n\nG. For the purposes of this section, “law-enforcement officer” means\na person who is both (i) engaged in his public duty at the time of such exposure\nand (ii) employed by any sheriff’s office, any adult or youth correctional\nfacility, or any state or local law-enforcement agency, or any agency or\ndepartment under the direction and control of the Commonwealth or any local\ngoverning body that employs persons who have law-enforcement authority.\n\nH. Whenever any school board employee is directly exposed to body fluids of any\nperson in a manner that may, according to the then current guidelines of the\nCenters for Disease Control and Prevention, transmit human immunodeficiency\nvirus or hepatitis B or C viruses, the person whose body fluids were involved in\nthe exposure shall be deemed to have consented to testing for infection with\nhuman immunodeficiency virus or hepatitis B or C viruses. Such person shall also\nbe deemed to have consented to the release of such test results to the school\nboard employee who was exposed.\n\nI. Whenever any person is directly exposed to the body fluids of a school board\nemployee in a manner that may, according to the then current guidelines of the\nCenters for Disease Control and Prevention, transmit human immunodeficiency\nvirus or hepatitis B or C viruses, the school board employee whose body fluids\nwere involved in the exposure shall be deemed to have consented to testing for\ninfection with human immunodeficiency virus or hepatitis B or C viruses. The\nschool board employee shall also be deemed to have consented to the release of\nsuch test results to the person.\n\nJ. For the purposes of this section, “school board employee” means a\nperson who is both (i) acting in the course of employment at the time of such\nexposure and (ii) employed by any local school board in the Commonwealth.\n\nK. For purposes of this section, if the person whose blood specimen is sought\nfor testing is a minor, consent for obtaining such specimen shall be obtained\nfrom the parent, guardian, or person standing in loco parentis of such minor\nprior to initiating such testing. If the parent or guardian or person standing\nin loco parentis withholds such consent, or is not reasonably available, the\nperson potentially exposed to the human immunodeficiency virus or hepatitis B or\nC viruses, or the employer of such person, may petition the juvenile and\ndomestic relations district court in the county or city where the minor resides\nor resided, or, in the case of a nonresident, the county or city where the\nhealth care provider, law-enforcement agency or school board has its principal\noffice or, in the case of a health care provider rendering emergency care\npursuant to subsection D, the county or city where the exposure occurred, for an\norder requiring the minor to provide a blood specimen or to submit to testing\nand to disclose the test results in accordance with this section.\n\nL. Except as provided in subsection K, if the person whose blood specimen is\nsought for testing refuses to provide such specimen, any person identified by\nthis section who was potentially exposed to the human immunodeficiency virus or\nthe hepatitis B or C viruses in the manner described by this section, or the\nemployer of such person, or the local attorney for the Commonwealth in the\ncounty or city in which the exposure occurred if such exposed person is a\nlaw-enforcement officer, may petition, on a form to be provided by the Office of\nthe Executive Secretary of the Supreme Court of Virginia, the general district\ncourt of the county or city in which the person whose specimen is sought resides\nor resided, or, in the case of a nonresident, the county or city where the\nhealth care provider, law-enforcement agency or school board has its principal\noffice or, in the case of a health care provider rendering emergency care\npursuant to subsection D, the county or city where the exposure occurred, for an\norder requiring the person to provide a blood specimen or to submit to testing\nand to disclose the test results in accordance with this section. A hearing on\nsuch a petition shall be given precedence on the docket so as to be heard by the\ncourt within 48 hours of the filing of the petition, or, if the court is closed\nduring such time period, such petition shall be heard on the next day that the\ncourt is in session. A copy of the petition, which shall specify the date and\nlocation of the hearing, shall be provided to the person whose specimen is\nsought. At any hearing before the court, the person whose specimen is sought or\nhis counsel may appear. The court may be advised by the Commissioner or his\ndesignee prior to entering any testing order. If the general district court\ndetermines that there is probable cause to believe that a person identified by\nthis section has been exposed in the manner prescribed by this section, the\ncourt shall issue an order requiring the person whose bodily fluids were\ninvolved in the exposure to provide a blood specimen or to submit to testing and\nto disclose the test results in accordance with this section. If a testing order\nis issued, both the petitioner and the person from whom the blood specimen is\nsought shall receive counseling and opportunity for face-to-face disclosure of\nany test results by a licensed practitioner or trained counselor.\n\nM. Any person who is subject to a testing order may appeal the order of the\ngeneral district court to the circuit court of the same jurisdiction within 10\ndays of receiving notice of the order. Any hearing conducted pursuant to this\nsubsection shall be held in camera as soon as practicable. The record shall be\nsealed. The order of the circuit court shall be final and nonappealable.\n\nN. No specimen obtained pursuant to this section shall be tested for any purpose\nother than for the purpose provided for in this section, nor shall the specimen\nor the results of any testing pursuant to this section be used for any purpose\nin any criminal matter or investigation. Any violation of this subsection shall\nconstitute reversible error in any criminal case in which the specimen or\nresults were used.\n\nHISTORY: 1989, c. 613; 1993, c. 315; 1994, cc. 230, 236; 1997, c. 869; 2003, c.\n1; 2008, cc. 191, 339; 2009, cc. 96, 478, 552, 813, 840; 2015, cc. 51, 502, 503;\n2019, c. 27; 2020, c. 502; 2024, c. 190.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}