                                 CODE OF VIRGINIA

DEEMED CONSENT TO TESTING AND RELEASE OF TEST RESULTS RELATED TO INFECTION WITH
HUMAN IMMUNODEFICIENCY VIRUS OR HEPATITIS B OR C VIRUSES (§ 32.1-45.1)

A. 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.

B. 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.

C. For the purposes of this section, &#8220;health care provider&#8221; 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. &#8220;Health care provider,&#8221; 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&#8217;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. 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&#8217;s next of kin shall be
deemed to have consented to testing of the decedent&#8217;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. 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.

G. For the purposes of this section, &#8220;law-enforcement officer&#8221; means
a person who is both (i) engaged in his public duty at the time of such exposure
and (ii) employed by any sheriff&#8217;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. 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.

I. 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.

J. For the purposes of this section, &#8220;school board employee&#8221; 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. 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.

L. 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.

M. 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.

N. 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.

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.