2018 Kentucky Revised Statutes CHAPTER 438 - OFFENSES AGAINST PUBLIC HEALTH AND SAFETY .250 Mandatory testing for HIV, hepatitis B and C, tuberculosis, and other diseases for criminal defendants, inmates, and state patients under specified conditions -- Effect of refusal to be tested -- Costs.
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438.250 Mandatory testing for HIV, hepatitis B and C, tuberculosis, and other
diseases for criminal defendants, inmates, and state patients under specified
conditions -- Effect of refusal to be tested -- Costs.
(1)
(2)
(3)
(4)
(5)
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.
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.
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.
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.
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.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 140, sec. 1, effective July 14, 2000; ch. 345, sec.
4, effective July 14, 2000; ch. 400, sec. 4, effective July 14, 2000; and ch 432, sec.
11, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 122, effective
July 15, 1998. -- Created 1994 Ky. Acts ch. 309, sec. 1, effective July 15, 1994.
Legislative Research Commission Note (7/14/2000). This section was amended by
2000 Ky. Acts chs. 140, 345, 400, and 432, which do not appear to be in conflict and
have been codified together.
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