Every person confined in the state prison who commits a battery by intentionally placing or throwing human excrement or other bodily fluids or bodily substances on the person of a peace officer or other employee of the state prison may be ordered by the chief medical officer to receive an immediate voluntary or involuntary examination or test for hepatitis or tuberculosis and subsequent follow-up examinations if deemed necessary to the health of the peace officer or employee.
Any person applying for a license or the renewal of a license as a professional boxer or martial arts fighter must present HIV and hepatitis C antibody and hepatitis B antigen tests to the commission. Information received under this section and any other medical information about an applicant or licensee shall be confidential and not subject to discovery or subpoena
Any forensic scientist who comes into contact with blood or other bodily fluids on the skin or membranes of her person, while handling or testing forensic evidence may file an ex parte order with the court to test the blood for HIV. If the court finds that there is probable cause that there was a transfer between the bodily fluid and the forensic scientist, the court shall order the testing of the forensic evidence.
(a) Before being employed by a private or parochial elementary or secondary school, or any nursery school, the potential employee must have a certificate showing that he has been examined and found to be free of communicable tuberculosis within the last 60 days. (b) After initially cleared, the employee must submit to examinations for tuberculosis at least once every 4 years as long as the test remains negative. Once the employee tests positive, the examinations are no longer required and the employee must be referred to the local health officer for follow-up care recommendations.
It is at the discretion of the person in charge of the private school as to whether to require tuberculosis examinations for employees who are employed for less than a year and who do not have frequent contact with the students. The person in charge my require the examination and make it a contract condition, if it is believed that the person's presence would be a health hazard to students.
The person in charge of a private school must require every contracted person providing transportation for students to provide a certificate showing that he has been examined and found to be free of communicable tuberculosis within the last 60 days. Persons transporting students for less than a month are exempt from this requirement.
Victims of a sex crime, forensics workers, peace officers/firefighters/emergency medical workers may petition court for health test of subjects if they feel they have been exposed to HIV during crime/in line of duty. If court agrees, defendant/subject will provide specimens, and test results will be sent to victim, victim's employer defendant/subject, officer and chief medical officer in charge of detention center where subject is detained
Every person convicted of a sexual offense shall be tested for virus causing AIDS. Results shall be given to the local health officer, who shall make available to defense attorney, prosecuting attorney, and victim upon request.
A victim with probable cause of fluid contact with defendant may request HIV testing of the defendant via search warrant. The local health officer will then disclose the results to both the victim and defendant. The victim may disclose test results as necessary to protect personal health and safety or the health and safety of the victim's family or sexual partner. Both the local health officer and victim are required to comply with all laws and policies regarding medical confidentiality and a violation of which is subject to a misdemeanor charge.
The confidentiality of mandatory tuberculosis test results for correctional institution employees shall be maintained. The Department of Corrections may perform statistical analysis, provided that individuals are not identified.
