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'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 § 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'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. 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.
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'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 § 32.1-37.2.
I. The results of the tests shall be confidential as provided in § 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 "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. 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:
"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.
"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.
1992, c. 711; 1994, c. 146; 1997, cc. 722, 804; 2008, c. 641; 2014, c. 275; 2020, c. 502.
Structure Code of Virginia
Chapter 2 - Disease Prevention and Control
§ 32.1-35. List and reports of diseases and dangerous microbes and pathogens
§ 32.1-35.1. Information on health care-associated infections
§ 32.1-36. Reports by physicians and laboratory directors
§ 32.1-37. Reports by persons other than physicians
§ 32.1-37.01. Posting of information about cases of communicable disease of public health threat
§ 32.1-37.1. Report of diseases infecting dead human bodies
§ 32.1-38. Immunity from liability
§ 32.1-39. Surveillance and investigation
§ 32.1-40. Authority of Commissioner to examine medical records
§ 32.1-41. Anonymity of patients and practitioners to be preserved in use of medical records
§ 32.1-42. Emergency rules and regulations
§ 32.1-43. Authority of State Health Commissioner to require quarantine, etc.
§ 32.1-44. Isolated or quarantined persons
§ 32.1-45. Expense of treatment
§ 32.1-45.4. Comprehensive harm reduction programs
§ 32.1-46. Immunization of patients against certain diseases
§ 32.1-46.01. Virginia Immunization Information System
§ 32.1-46.02. Administration of influenza vaccine to minors
§ 32.1-46.2. Certain testing or determination of low risk for elevated blood-lead levels required
§ 32.1-47. Exclusion from school of children not immunized
§ 32.1-47.1. Vaccination of children; plan enhancements
§ 32.1-48. Powers of Commissioner in epidemic
§ 32.1-48.03. Petition for hearing; temporary detention
§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right to appeal
§ 32.1-48.07. Conditions for invoking the provisions of this article
§ 32.1-48.08. Declaration of quarantine
§ 32.1-48.09. Order of quarantine
§ 32.1-48.010. Appeal of any order of quarantine
§ 32.1-48.012. Isolation order
§ 32.1-48.013. Appeal of any order of isolation
§ 32.1-48.013:1. Electronic filings as protection from communicable disease
§ 32.1-48.014. Enforcement of orders of quarantine or isolation; penalties
§ 32.1-48.015. Authorization to disclose health records
§ 32.1-48.016. Immunity from liability
§ 32.1-48.017. Use of public or private property or facilities
§ 32.1-48.2. Regulation of Commissioner requiring vaccination or inoculation of dogs
§ 32.1-48.3. Regulations of Commissioner covering local ordinances and requirements
§ 32.1-48.4. Commissioner to cooperate with local governing bodies and agencies
§ 32.1-49. Tuberculosis required to be reported
§ 32.1-53. Facilities and contracts for treatment of tuberculosis patients
§ 32.1-54. Commissioner authorized to charge patients for care
§ 32.1-55.1. Anonymous testing sites for human immunodeficiency virus
§ 32.1-56. Information to be provided patients
§ 32.1-57. Examination, testing and treatment; failure to comply with order of examination
§ 32.1-58. Persons convicted of certain crimes to be examined, tested and treated
§ 32.1-59. Examination and treatment in certain institutions
§ 32.1-60. Prenatal tests required
§ 32.1-62. Procedure upon infant's birth
§ 32.1-63. Duty of physician, midwife or nurse noting ophthalmia neonatorum
§ 32.1-64. Duty of Board to provide for treatment
§ 32.1-64.1. Virginia Hearing Loss Identification and Monitoring System
§ 32.1-65. Certain newborn screening required
§ 32.1-65.1. Critical congenital heart defect screening test required
§ 32.1-66. Commissioner to notify physicians; reports to Commissioner
§ 32.1-67. Duty of Board for follow-up and referral protocols; regulations
§ 32.1-67.1. Confidentiality of records; prohibition of discrimination
§ 32.1-69. Records confidential; disclosure of results of screening
§ 32.1-69.1. Virginia Congenital Anomalies Reporting and Education System
§ 32.1-69.1:1. Dissemination of information regarding birth defects
§ 32.1-69.3. Virginia Cord Blood Bank Initiative established
§ 32.1-69.4. Publication of information regarding cord blood education
§ 32.1-70.2. Collection of cancer case information by the Commissioner
§ 32.1-71.01. Penalties for unauthorized use of statewide cancer registry
§ 32.1-71.02. Notification of cancer patients of statewide cancer registry reporting
§ 32.1-73. Failure to comply with provisions; grounds for revocation of license or permit
§ 32.1-73.5. Comprehensive statewide asthma management plan
§ 32.1-73.6. Implementation of state asthma management programs
§ 32.1-73.7. Department to be lead agency for youth suicide prevention
§ 32.1-73.8. Youth health risk behavior survey
§ 32.1-73.10. Advisory Council; report
§ 32.1-73.11. (Continued pursuant to Acts 2022, Sp. S. I, c. 2, item 299 D) Sunset
§ 32.1-73.12. Department to be lead agency for services for substance-exposed infants
§ 32.1-73.14. Rare Disease Council; purpose
§ 32.1-73.15. Powers and duties of the Council
§ 32.1-73.16. Membership; terms; quorum; meetings; staffing
§ 32.1-73.17. Rare Disease Council Fund
§ 32.1-73.18. Renal Disease Council; purpose