2018 Tennessee Code
Title 39 - Criminal Offenses
Chapter 13 - Offenses Against Person
Part 1 - Assaultive Offenses
§ 39-13-112. HIV testing for assault victims -- Reporting -- Payment for testing.

Universal Citation: TN Code § 39-13-112 (2018)
  • (a)

    • (1) If a person is initially arrested for a violation of § 39-13-102, and if the victim of the assault suffered actual contact with the blood or other body fluid of the arrestee, then the arrestee shall undergo human immunodeficiency virus (HIV) testing immediately, upon the request of the victim. A licensed medical laboratory shall perform the test at the expense of the arrestee. The arrestee shall obtain a confirmatory test when necessary. The arrestee shall be referred to appropriate counseling.

    • (2) For purposes of this section, "victim of the assault" is limited to a law enforcement officer; firefighter; correctional officer; youth services officer; probation and parole officer; an employee of the department of correction or the department of children's services; provided, that the officer or employee was performing an official duty; or an emergency medical or rescue worker, emergency medical technician, or paramedic, whether compensated or acting as a volunteer; provided, that such technician or worker was performing an official duty.

  • (b)

    • (1) The licensed medical laboratory shall report the results of the HIV test required under this section immediately to the victim of the assault.

    • (2) The result of the HIV test required under this section is not a public record and shall be available only to:

      • (A) The victim of the assault;

      • (B) The parent or guardian of a minor or incapacitated victim;

      • (C) The attending physician of the person tested and of the victim;

      • (D) The department of health;

      • (E) The department of correction;

      • (F) The person tested; and

      • (G) The district attorney general prosecuting the case.

  • (c) If the arrestee's test indicates that the arrestee is infected with HIV, then the arrestee shall be responsible for the victim's medical bills, laboratory bills and other expenses related to the victim's exposure to HIV, upon a finding that the exposure was from the arrestee.

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