438.250 Mandatory testing for HIV, hepatitis B and C, tuberculosis, and other

472 words·~2 min read·/ky/438-250

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

diseases for criminal defendants, inmates, and state patients under specified

conditions -- Effect of refusal to be tested -- Costs.

(1)When a public servant, as defined in KRS 521.010, a health care professional who

is licensed or certified under the laws of the Commonwealth, an employee of the

health care professional, an employee of a health care facility that is licensed under

the laws of the Commonwealth, or victim of a crime is bitten by, suffers a puncture

wound caused by, or is exposed to the blood or body fluids of a criminal defendant,

inmate, parolee, probationer, or patient or resident of any health facility owned or

operated by the Commonwealth, or the blood or body fluids of a criminal defendant,

inmate, parolee, or probationer have come into contact with the skin or unprotected

clothing of a public servant during any incident in which the public servant and the

criminal defendant, inmate, parolee, or probationer are involved, the criminal

defendant, inmate, parolee, or probationer shall be ordered to submit to testing for

human immunodeficiency virus (HIV), hepatitis B and C viruses, and any other

disease, if testing for that disease is recommended by the most current guidelines of

the Centers for Disease Control and Prevention, and if testing for any of these

conditions is recommended, then testing will be conducted as recommended by the

Centers for Disease Control and Prevention.

(2)The written results of the testing shall be made available to each public servant,

victim of the crime, criminal defendant, inmate, parolee, or probationer coming

within the purview of subsection (1). However, the results shall not be public

records and shall be disclosed to others only on a need-to-know basis. The victim of

the crime shall receive written results as provided in KRS 510.320.

(3)If a criminal defendant, inmate, parolee, or probationer fails or refuses to be tested

as ordered, he may be held in criminal contempt. A Circuit or District Judge shall

compel the criminal defendant, inmate, parolee, or probationer to undergo the

testing required herein if he fails or refuses to do so. Undergoing compulsory testing

after a failure or refusal to be tested shall not relieve the criminal defendant, inmate,

parolee, or probationer of the liability imposed by this subsection.

(4)The costs of the testing shall be borne by the criminal defendant, inmate, parolee, or

probationer unless he is determined unable to pay for the test by a court of

competent jurisdiction for criminal defendants and probationers and by the

Department of Corrections pursuant to their indigency standards for inmates and

parolees, in which case the Commonwealth shall pay for the testing.

(5)The provisions of subsections

(1)to

(4)of this section shall apply to juveniles

falling within any category specified in subsections

(1)to

(4)of this section as well

as to adults.