Court could order sample be taken for blood-borne pathogen tests

Further protecting people trying to help in a time of need is the goal of a bill passed 129-0 Tuesday by the House.

Rep. Debra Hilstrom

Sponsored by Rep. Debra Hilstrom (DFL-Brooklyn Center), HF2777 would authorize an ex parte hearing to determine if someone should be ordered to provide a blood sample for pathogen testing if an emergency medical services provider has experienced significant exposure. Failing to comply with a court order could result in an arrest.

The bill now goes to the Senate where Sen. John Hoffman (DFL-Champlin) is the sponsor.

Hilstrom believes there needs to be a stronger procedure for police officers, firefighters, paramedics, ambulance personnel and even Good Samaritans, to be tested for communicable diseases after they have significant exposure to bodily fluids.

Without knowing the consequences of being spit in the eye, for example, an emergency responder cannot quickly start post-exposure treatment.

A court procedure is now needed to get a test ordered, but if the defendant doesn’t show up there is no procedure to force them to come to court or to take them in to custody if they are not cooperative with giving a blood sample. Supporters note blood samples are usually taken without a problem.

“Under this, if they’ve been properly served, they’ve been given the opportunity to be heard, they’ve been given the opportunity to have a lawyer and choose not to come to court, the court can still hear it,” Hilstrom said. If the defendant refuses to comply with a court order to give a sample they can be taken into custody for the sole purpose of taking the sample and released once a sample has been provided.

“We appreciate you making our jobs more safe,” said Rep. Jim Newberger (R-Becker). He’s a paramedic outside the Legislature.