{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-45.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-45.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-45.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-45.2.html"}],"law_id":68561,"edition_id":1,"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","history":"1992, c. 711; 1994, c. 146; 1997, cc. 722, 804; 2008, c. 641; 2014, c. 275; 2020, c. 502.","full_text":"A\n\nIf, in the course of employment, an employee of a public safety agency is involved in a possible exposure prone incident, the employee shall immediately, or as soon thereafter as practicable, notify the agency of the incident in accordance with the agency’s procedures for reporting workplace accidents.B\n\nIf, after reviewing the facts of the possible exposure prone incident with the employee and after medical consultation, the agency concludes that it is reasonable to believe that an exposure prone incident may have occurred, and the person whose body fluids were involved in the exposure prone incident is deceased, the agency shall (i) immediately contact the custodian of the remains and request that a specimen of blood be preserved for testing and (ii) contact the next of kin of the decedent and inform the next of kin that the specimen will be tested for hepatitis B or C viruses and human immunodeficiency virus and the results of such testing released to the person who was exposed.C\n\nIf, after reviewing the facts of the possible exposure prone incident with the employee and after medical consultation, the agency concludes that it is reasonable to believe that an exposure prone incident may have occurred and the person whose body fluids were involved in the exposure prone incident is alive, the agency shall request the person whose body fluids were involved to submit to testing for hepatitis B or C virus and human immunodeficiency virus as provided in § 32.1-37.2 and to authorize disclosure of the test results.D\n\nIf a person is involved in a possible exposure prone incident involving the body fluids of an employee of a public safety agency, the person may request the agency to review the facts of the possible exposure prone incident for purposes of obtaining the employee’s consent to test for hepatitis B or C virus and human immunodeficiency virus as provided in § 32.1-37.2 and to authorize disclosure of the test results. If, after reviewing the facts and after medical consultation, the agency concludes it is reasonable to believe an exposure prone incident involving the person and the employee may have occurred, (i) the agency shall request the employee whose body fluids were involved to give consent to submit to testing for hepatitis B or C virus and human immunodeficiency virus and to authorize disclosure of the test results or (ii) if the employee is deceased, the agency shall request the custodian of the remains to preserve a specimen of blood and shall request the decedent’s next of kin to provide consent, as provided in § 32.1-37.2, to such testing and to authorize disclosure of the test results.E\n\nIf consent is refused under subsection C, the public safety agency or the employee may petition the general district court of the city or county in which the person resides or resided, or in the case of a nonresident, the city or county of the public safety agency’s principal office, to determine whether an exposure prone incident has occurred and to order testing and disclosure of the test results.\n\t\t\tIf consent is refused under subsection D, the person involved in the possible exposure prone incident may petition the general district court of the city or county of the public safety agency’s principal office to determine whether an exposure prone incident has occurred and to order testing and disclosure of the test results.F\n\nIf the court finds by a preponderance of the evidence that an exposure prone incident has occurred, it shall order testing for hepatitis B or C virus and human immunodeficiency virus and disclosure of the test results. The court shall be advised by the Commissioner or his designee in making this finding. The hearing shall be held in camera as soon as practicable after the petition is filed. The record shall be sealed.G\n\nA party may appeal an order of the general district court to the circuit court of the same jurisdiction within ten days from the date of the order. Any such appeal shall be de novo, in camera, and shall be heard as soon as possible by the circuit court. The circuit court shall be advised by the Commissioner or his designee. The record shall be sealed. The order of the circuit court shall be final and nonappealable.H\n\nDisclosure of any test results provided by this section shall be made to the district health director of the jurisdiction in which the petition was brought or the district in which the person or employee was tested. The district health director or his designee shall inform the parties of the test results and counsel them in accordance with subsection B of § 32.1-37.2.I\n\nThe results of the tests shall be confidential as provided in § 32.1-36.1.J\n\nNo person known or suspected to be positive for infection with hepatitis B or C virus or human immunodeficiency virus shall be refused services for that reason by any public safety agency personnel.K\n\nFor the purpose of this section and for no other purpose, the term “employee” shall include: (i) any person providing assistance to a person employed by a public safety agency who is directly affected by a possible exposure prone incident as a result of the specific crime or specific circumstances involved in the assistance and (ii) any victim of or witness to a crime who is directly affected by a possible exposure prone incident as a result of the specific crime.L\n\nThis section shall not be deemed to create any duty on the part of any person where none exists otherwise, and a cause of action shall not arise from any failure to request consent or to consent to testing under this section. The remedies available under this section shall be exclusive.M\n\nFor the purposes of this section:\n\t\t\t“Exposure prone incident” means a direct exposure to body fluids of another person in a manner which may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit hepatitis B or C virus or human immunodeficiency virus and which occurred during the commission of a criminal act, during the performance of emergency procedures, care or assistance, or in the course of public safety or law-enforcement duties.\n\t\t\t“Public safety agency” means any sheriff’s office; any adult or youth correctional, law-enforcement, or fire safety organization; the Department of Forensic Science; or any agency or department that employs persons who have law-enforcement authority and which is under the direction and control of the Commonwealth or any local governing body.","order_by":null,"text":{"0":{"id":248172,"text":"If, in the course of employment, an employee of a public safety agency is involved in a possible exposure prone incident, the employee shall immediately, or as soon thereafter as practicable, notify the agency of the incident in accordance with the agency’s procedures for reporting workplace accidents.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248173,"text":"If, after reviewing the facts of the possible exposure prone incident with the employee and after medical consultation, the agency concludes that it is reasonable to believe that an exposure prone incident may have occurred, and the person whose body fluids were involved in the exposure prone incident is deceased, the agency shall (i) immediately contact the custodian of the remains and request that a specimen of blood be preserved for testing and (ii) contact the next of kin of the decedent and inform the next of kin that the specimen will be tested for hepatitis B or C viruses and human immunodeficiency virus and the results of such testing released to the person 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":248174,"text":"If, after reviewing the facts of the possible exposure prone incident with the employee and after medical consultation, the agency concludes that it is reasonable to believe that an exposure prone incident may have occurred and the person whose body fluids were involved in the exposure prone incident is alive, the agency shall request the person whose body fluids were involved to submit to testing for hepatitis B or C virus and human immunodeficiency virus as provided in § 32.1-37.2 and to authorize disclosure of the test results.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":248175,"text":"If a person is involved in a possible exposure prone incident involving the body fluids of an employee of a public safety agency, the person may request the agency to review the facts of the possible exposure prone incident for purposes of obtaining the employee’s consent to test for hepatitis B or C virus and human immunodeficiency virus as provided in § 32.1-37.2 and to authorize disclosure of the test results. If, after reviewing the facts and after medical consultation, the agency concludes it is reasonable to believe an exposure prone incident involving the person and the employee may have occurred, (i) the agency shall request the employee whose body fluids were involved to give consent to submit to testing for hepatitis B or C virus and human immunodeficiency virus and to authorize disclosure of the test results or (ii) if the employee is deceased, the agency shall request the custodian of the remains to preserve a specimen of blood and shall request the decedent’s next of kin to provide consent, as provided in § 32.1-37.2, to such testing and to authorize disclosure of the test results.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":248176,"text":"If consent is refused under subsection C, the public safety agency or the employee may petition the general district court of the city or county in which the person resides or resided, or in the case of a nonresident, the city or county of the public safety agency’s principal office, to determine whether an exposure prone incident has occurred and to order testing and disclosure of the test results.\n\t\t\tIf consent is refused under subsection D, the person involved in the possible exposure prone incident may petition the general district court of the city or county of the public safety agency’s principal office to determine whether an exposure prone incident has occurred and to order testing and disclosure of the test results.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":248177,"text":"If the court finds by a preponderance of the evidence that an exposure prone incident has occurred, it shall order testing for hepatitis B or C virus and human immunodeficiency virus and disclosure of the test results. The court shall be advised by the Commissioner or his designee in making this finding. The hearing shall be held in camera as soon as practicable after the petition is filed. The record shall be sealed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":248178,"text":"A party may appeal an order of the general district court to the circuit court of the same jurisdiction within ten days from the date of the order. Any such appeal shall be de novo, in camera, and shall be heard as soon as possible by the circuit court. The circuit court shall be advised by the Commissioner or his designee. The record shall be sealed. The order of the circuit court shall be final and nonappealable.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":248179,"text":"Disclosure of any test results provided by this section shall be made to the district health director of the jurisdiction in which the petition was brought or the district in which the person or employee was tested. The district health director or his designee shall inform the parties of the test results and counsel them in accordance with subsection B of § 32.1-37.2.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":248180,"text":"The results of the tests shall be confidential as provided in § 32.1-36.1.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":248181,"text":"No person known or suspected to be positive for infection with hepatitis B or C virus or human immunodeficiency virus shall be refused services for that reason by any public safety agency personnel.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":248182,"text":"For the purpose of this section and for no other purpose, the term “employee” shall include: (i) any person providing assistance to a person employed by a public safety agency who is directly affected by a possible exposure prone incident as a result of the specific crime or specific circumstances involved in the assistance and (ii) any victim of or witness to a crime who is directly affected by a possible exposure prone incident as a result of the specific crime.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":248183,"text":"This section shall not be deemed to create any duty on the part of any person where none exists otherwise, and a cause of action shall not arise from any failure to request consent or to consent to testing under this section. The remedies available under this section shall be exclusive.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"12":{"id":248184,"text":"For the purposes of this section:\n\t\t\t“Exposure prone incident” means a direct exposure to body fluids of another person in a manner which may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit hepatitis B or C virus or human immunodeficiency virus and which occurred during the commission of a criminal act, during the performance of emergency procedures, care or assistance, or in the course of public safety or law-enforcement duties.\n\t\t\t“Public safety agency” means any sheriff’s office; any adult or youth correctional, law-enforcement, or fire safety organization; the Department of Forensic Science; or any agency or department that employs persons who have law-enforcement authority and which is under the direction and control of the Commonwealth or any local governing body.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"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; priority for personal protective equipment and immunization; funeral service licensees and funeral service establishment employees","url":"\/32.1-42.2\/","token":"32.1\/2\/3\/32.1-42.2","metadata":false},{"id":65793,"structure_id":16047,"section_number":"32.1-43","catch_line":"Authority of State Health Commissioner to require quarantine, etc","url":"\/32.1-43\/","token":"32.1\/2\/3\/32.1-43","metadata":false},{"id":62960,"structure_id":16047,"section_number":"32.1-44","catch_line":"Isolated or quarantined persons","url":"\/32.1-44\/","token":"32.1\/2\/3\/32.1-44","metadata":false},{"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},{"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","url":"\/32.1-45.1\/","token":"32.1\/2\/3\/32.1-45.1","metadata":false},{"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},{"id":83229,"structure_id":16047,"section_number":"32.1-45.3","catch_line":"Repealed","url":"\/32.1-45.3\/","token":"32.1\/2\/3\/32.1-45.3","metadata":false},{"id":73569,"structure_id":16047,"section_number":"32.1-45.4","catch_line":"Comprehensive harm reduction programs","url":"\/32.1-45.4\/","token":"32.1\/2\/3\/32.1-45.4","metadata":false},{"id":80398,"structure_id":16047,"section_number":"32.1-46","catch_line":"Immunization of patients against certain diseases","url":"\/32.1-46\/","token":"32.1\/2\/3\/32.1-46","metadata":false},{"id":70560,"structure_id":16047,"section_number":"32.1-46.01","catch_line":"Virginia Immunization Information System","url":"\/32.1-46.01\/","token":"32.1\/2\/3\/32.1-46.01","metadata":false},{"id":73649,"structure_id":16047,"section_number":"32.1-46.02","catch_line":"Administration of influenza vaccine to minors","url":"\/32.1-46.02\/","token":"32.1\/2\/3\/32.1-46.02","metadata":false},{"id":75856,"structure_id":16047,"section_number":"32.1-46.1","catch_line":"Board to establish protocol for identification of children with elevated blood-lead levels","url":"\/32.1-46.1\/","token":"32.1\/2\/3\/32.1-46.1","metadata":false},{"id":74454,"structure_id":16047,"section_number":"32.1-46.2","catch_line":"Certain testing or determination of low risk for elevated blood-lead levels required","url":"\/32.1-46.2\/","token":"32.1\/2\/3\/32.1-46.2","metadata":false},{"id":78372,"structure_id":16047,"section_number":"32.1-47","catch_line":"Exclusion from school of children not immunized","url":"\/32.1-47\/","token":"32.1\/2\/3\/32.1-47","metadata":false},{"id":73049,"structure_id":16047,"section_number":"32.1-47.1","catch_line":"Vaccination of children; plan enhancements","url":"\/32.1-47.1\/","token":"32.1\/2\/3\/32.1-47.1","metadata":false},{"id":69455,"structure_id":16047,"section_number":"32.1-48","catch_line":"Powers of Commissioner in epidemic","url":"\/32.1-48\/","token":"32.1\/2\/3\/32.1-48","metadata":false},{"id":78035,"structure_id":16047,"section_number":"32.1-48.001","catch_line":"(For contingent effective date, see Acts 2021, Sp. 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":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","url":"\/32.1-45.1\/","token":"32.1\/2\/3\/32.1-45.1","metadata":false},"next_section":{"id":83229,"structure_id":16047,"section_number":"32.1-45.3","catch_line":"Repealed","url":"\/32.1-45.3\/","token":"32.1\/2\/3\/32.1-45.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-45.2\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 711 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 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1994, chapter 146<\/a>; in 1997, chapters 722<\/a> and 804<\/a>; in 2008, chapter 641<\/a>; in 2014, chapter 275<\/a>; in 2020, chapter 502<\/a>.<\/p>","references":[{"id":81701,"section_number":"32.1-116.3","catch_line":"Reporting of communicable diseases; definitions","order_by":null,"url":"\/32.1-116.3\/"},{"id":79587,"section_number":"32.1-48.015","catch_line":"Authorization to disclose health records","order_by":null,"url":"\/32.1-48.015\/"}],"refers_to":[{"id":67194,"section_number":"32.1-37.2","catch_line":"Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions","order_by":null,"url":"\/32.1-37.2\/"}],"permalink":{"id":201981,"object_type":"law","relational_id":68561,"identifier":"32.1-45.2","token":"32.1\/2\/3\/32.1-45.2","url":"\/32.1-45.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-45.2\/","token":"32.1\/2\/3\/32.1-45.2","dublin_core":{"Title":"Public safety employees; testing for blood-borne pathogens; procedure available for certain citizens; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-45.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If, in the course of employment, an employee of a public safety agency<\/span> is involved in a possible exposure prone incident<\/span>, the employee shall immediately, or as soon thereafter as practicable, notify the agency of the incident in accordance with the agency’s procedures for reporting workplace accidents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, after reviewing the facts<\/span> of the possible exposure prone incident<\/span> with the employee and after medical consultation, the agency concludes that it is reasonable to believe that an exposure prone incident<\/span> may have occurred, and the person<\/span> whose body fluids were involved in the exposure prone incident<\/span> is deceased, the agency shall (i) immediately contact the custodian of the remains and request that a specimen of blood be preserved for testing and (ii) contact the next of kin of the decedent and inform the next of kin that the specimen will be tested for hepatitis B or C viruses and human immunodeficiency virus and the results of such testing released to the person<\/span> who was exposed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If, after reviewing the facts<\/span> of the possible exposure prone incident<\/span> with the employee and after medical consultation, the agency concludes that it is reasonable to believe that an exposure prone incident<\/span> may have occurred and the person<\/span> whose body fluids were involved in the exposure prone incident<\/span> is alive, the agency shall request the person<\/span> whose body fluids were involved to submit to testing for hepatitis B or C virus and human immunodeficiency virus as provided in § 32.1-37.2<\/a> and to authorize disclosure of the test results. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a person<\/span> is involved in a possible exposure prone incident<\/span> involving the body fluids of an employee of a public safety agency<\/span>, the person<\/span> may request the agency to review the facts<\/span> of the possible exposure prone incident<\/span> for purposes of obtaining the employee’s consent to test for hepatitis B or C virus and human immunodeficiency virus as provided in § 32.1-37.2<\/a> and to authorize disclosure of the test results. If, after reviewing the facts<\/span> and after medical consultation, the agency concludes it is reasonable to believe an exposure prone incident<\/span> involving the person<\/span> and the employee may have occurred, (i) the agency shall request the employee whose body fluids were involved to give consent to submit to testing for hepatitis B or C virus and human immunodeficiency virus and to authorize disclosure of the test results or (ii) if the employee is deceased, the agency shall request the custodian of the remains to preserve a specimen of blood and shall request the decedent’s next of kin to provide consent, as provided in § 32.1-37.2<\/a>, to such testing and to authorize disclosure of the test results. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If consent is refused under subsection C, the public safety agency<\/span> or the employee may petition<\/span> the general district court<\/span> of the city or county in which the person<\/span> resides or resided, or in the case of a nonresident, the city or county of the public safety agency<\/span>’s principal office, to determine whether an exposure prone incident<\/span> has occurred and to order<\/span> testing and disclosure of the test results.\n\t\t\tIf consent is refused under subsection D, the person<\/span> involved in the possible exposure prone incident<\/span> may petition<\/span> the general district court<\/span> of the city or county of the public safety agency<\/span>’s principal office to determine whether an exposure prone incident<\/span> has occurred and to order<\/span> testing and disclosure of the test results. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the court<\/span> finds by a preponderance of the evidence<\/span> that an exposure prone incident<\/span> has occurred, it shall order<\/span> testing for hepatitis B or C virus and human immunodeficiency virus and disclosure of the test results. The court<\/span> shall be advised by the Commissioner<\/span> or his designee in making this finding<\/span>. The hearing<\/span> shall be held in camera<\/span> as soon as practicable after the petition<\/span> is filed. The record shall be sealed<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A party<\/span> may appeal<\/span> an order<\/span> of the general district court<\/span> to the circuit<\/span> court<\/span> of the same jurisdiction<\/span> within ten days from the date of the order<\/span>. Any such appeal<\/span> shall be de novo<\/span>, in camera<\/span>, and shall be heard as soon as possible by the circuit<\/span> court<\/span>. The circuit<\/span> court<\/span> shall be advised by the Commissioner<\/span> or his designee. 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

H.<\/span> Disclosure of any test results provided by this section shall be made to the district health director of the jurisdiction<\/span> in which the petition<\/span> was brought or the district in which the person<\/span> or employee was tested. The district health director or his designee shall inform the parties of the test results and counsel<\/span> them in accordance with subsection B of § 32.1-37.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The results of the tests shall be confidential as provided in § 32.1-36.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> No person<\/span> known or suspected to be positive for infection with hepatitis B or C virus or human immunodeficiency virus shall be refused services for that reason by any public safety agency<\/span> personnel. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> For the purpose of this section and for no other purpose, the term “employee” shall include: (i) any person<\/span> providing assistance to a person<\/span> employed by a public safety agency<\/span> who is directly affected by a possible exposure prone incident<\/span> as a result of the specific crime<\/span> or specific circumstances involved in the assistance and (ii) any victim of or witness<\/span> to a crime<\/span> who is directly affected by a possible exposure prone incident<\/span> as a result of the specific crime<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> This section shall not be deemed to create any duty on the part of any person<\/span> where none exists otherwise, and a cause of action<\/span> shall not arise from any failure to request consent or to consent to testing under this section. The remedies available under this section shall be exclusive. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> For the purposes of this section:\n\t\t\t“Exposure prone incident<\/span>” means a direct exposure to body fluids of another person<\/span> in a manner which may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit hepatitis B or C virus or human immunodeficiency virus and which occurred during the commission of a criminal act, during the performance of emergency procedures, care or assistance, or in the course of public safety or law<\/span>-enforcement duties.\n\t\t\t“Public safety agency<\/span>” means any sheriff’s office; any adult or youth correctional, law<\/span>-enforcement, or fire safety organization; the Department<\/span> of Forensic Science; or any agency or department<\/span> that employs persons<\/span> who have law<\/span>-enforcement authority and which is under the direction and control of the Commonwealth or any local governing body. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUBLIC SAFETY EMPLOYEES; TESTING FOR BLOOD-BORNE PATHOGENS; PROCEDURE AVAILABLE\nFOR CERTAIN CITIZENS; DEFINITIONS (\u00a7 32.1-45.2)\n\nA. If, in the course of employment, an employee of a public safety agency is\ninvolved in a possible exposure prone incident, the employee shall immediately,\nor as soon thereafter as practicable, notify the agency of the incident in\naccordance with the agency’s procedures for reporting workplace accidents.\n\nB. If, after reviewing the facts of the possible exposure prone incident with\nthe employee and after medical consultation, the agency concludes that it is\nreasonable to believe that an exposure prone incident may have occurred, and the\nperson whose body fluids were involved in the exposure prone incident is\ndeceased, the agency shall (i) immediately contact the custodian of the remains\nand request that a specimen of blood be preserved for testing and (ii) contact\nthe next of kin of the decedent and inform the next of kin that the specimen\nwill be tested for hepatitis B or C viruses and human immunodeficiency virus and\nthe results of such testing released to the person who was exposed.\n\nC. If, after reviewing the facts of the possible exposure prone incident with\nthe employee and after medical consultation, the agency concludes that it is\nreasonable to believe that an exposure prone incident may have occurred and the\nperson whose body fluids were involved in the exposure prone incident is alive,\nthe agency shall request the person whose body fluids were involved to submit to\ntesting for hepatitis B or C virus and human immunodeficiency virus as provided\nin § 32.1-37.2 and to authorize disclosure of the test results.\n\nD. If a person is involved in a possible exposure prone incident involving the\nbody fluids of an employee of a public safety agency, the person may request the\nagency to review the facts of the possible exposure prone incident for purposes\nof obtaining the employee’s consent to test for hepatitis B or C virus and\nhuman immunodeficiency virus as provided in § 32.1-37.2 and to authorize\ndisclosure of the test results. If, after reviewing the facts and after medical\nconsultation, the agency concludes it is reasonable to believe an exposure prone\nincident involving the person and the employee may have occurred, (i) the agency\nshall request the employee whose body fluids were involved to give consent to\nsubmit to testing for hepatitis B or C virus and human immunodeficiency virus\nand to authorize disclosure of the test results or (ii) if the employee is\ndeceased, the agency shall request the custodian of the remains to preserve a\nspecimen of blood and shall request the decedent’s next of kin to provide\nconsent, as provided in § 32.1-37.2, to such testing and to authorize\ndisclosure of the test results.\n\nE. If consent is refused under subsection C, the public safety agency or the\nemployee may petition the general district court of the city or county in which\nthe person resides or resided, or in the case of a nonresident, the city or\ncounty of the public safety agency’s principal office, to determine\nwhether an exposure prone incident has occurred and to order testing and\ndisclosure of the test results.\n\t\t\tIf consent is refused under subsection D, the person involved in the possible\nexposure prone incident may petition the general district court of the city or\ncounty of the public safety agency’s principal office to determine whether\nan exposure prone incident has occurred and to order testing and disclosure of\nthe test results.\n\nF. If the court finds by a preponderance of the evidence that an exposure prone\nincident has occurred, it shall order testing for hepatitis B or C virus and\nhuman immunodeficiency virus and disclosure of the test results. The court shall\nbe advised by the Commissioner or his designee in making this finding. The\nhearing shall be held in camera as soon as practicable after the petition is\nfiled. The record shall be sealed.\n\nG. A party may appeal an order of the general district court to the circuit\ncourt of the same jurisdiction within ten days from the date of the order. Any\nsuch appeal shall be de novo, in camera, and shall be heard as soon as possible\nby the circuit court. The circuit court shall be advised by the Commissioner or\nhis designee. The record shall be sealed. The order of the circuit court shall\nbe final and nonappealable.\n\nH. Disclosure of any test results provided by this section shall be made to the\ndistrict health director of the jurisdiction in which the petition was brought\nor the district in which the person or employee was tested. The district health\ndirector or his designee shall inform the parties of the test results and\ncounsel them in accordance with subsection B of § 32.1-37.2.\n\nI. The results of the tests shall be confidential as provided in §\n32.1-36.1.\n\nJ. No person known or suspected to be positive for infection with hepatitis B or\nC virus or human immunodeficiency virus shall be refused services for that\nreason by any public safety agency personnel.\n\nK. For the purpose of this section and for no other purpose, the term\n“employee” shall include: (i) any person providing assistance to a\nperson employed by a public safety agency who is directly affected by a possible\nexposure prone incident as a result of the specific crime or specific\ncircumstances involved in the assistance and (ii) any victim of or witness to a\ncrime who is directly affected by a possible exposure prone incident as a result\nof the specific crime.\n\nL. This section shall not be deemed to create any duty on the part of any person\nwhere none exists otherwise, and a cause of action shall not arise from any\nfailure to request consent or to consent to testing under this section. The\nremedies available under this section shall be exclusive.\n\nM. For the purposes of this section:\n\t\t\t“Exposure prone incident” means a direct exposure to body fluids\nof another person in a manner which may, according to the then current\nguidelines of the Centers for Disease Control and Prevention, transmit hepatitis\nB or C virus or human immunodeficiency virus and which occurred during the\ncommission of a criminal act, during the performance of emergency procedures,\ncare or assistance, or in the course of public safety or law-enforcement duties.\n\t\t\t“Public safety agency” means any sheriff’s office; any\nadult or youth correctional, law-enforcement, or fire safety organization; the\nDepartment of Forensic Science; or any agency or department that employs persons\nwho have law-enforcement authority and which is under the direction and control\nof the Commonwealth or any local governing body.\n\nHISTORY: 1992, c. 711; 1994, c. 146; 1997, cc. 722, 804; 2008, c. 641; 2014, c.\n275; 2020, c. 502.","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}}