                                 CODE OF VIRGINIA

PUBLIC SAFETY EMPLOYEES; TESTING FOR BLOOD-BORNE PATHOGENS; PROCEDURE AVAILABLE
FOR CERTAIN CITIZENS; DEFINITIONS (§ 32.1-45.2)

A. 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&#8217;s procedures for reporting workplace accidents.

B. 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.

C. 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 &#xA7; 32.1-37.2 and to authorize disclosure of the test results.

D. 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&#8217;s consent to test for hepatitis B or C virus and
human immunodeficiency virus as provided in &#xA7; 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&#8217;s next of kin to provide
consent, as provided in &#xA7; 32.1-37.2, to such testing and to authorize
disclosure of the test results.

E. 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&#8217;s principal office, to determine
whether an exposure prone incident has occurred and to order testing and
disclosure of the test results.
			If 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&#8217;s principal office to determine whether
an exposure prone incident has occurred and to order testing and disclosure of
the test results.

F. 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.

G. 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.

H. 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 &#xA7; 32.1-37.2.

I. The results of the tests shall be confidential as provided in &#xA7;
32.1-36.1.

J. 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.

K. For the purpose of this section and for no other purpose, the term
&#8220;employee&#8221; 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. 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.

M. For the purposes of this section:
			&#8220;Exposure prone incident&#8221; 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.
			&#8220;Public safety agency&#8221; means any sheriff&#8217;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.

HISTORY: 1992, c. 711; 1994, c. 146; 1997, cc. 722, 804; 2008, c. 641; 2014, c.
275; 2020, c. 502.