36-670. Good samaritan; deceased person; disease testing; petition; hearing; notice; exception
A. A good samaritan may petition the court for an order authorizing testing of a deceased person for the human immunodeficiency virus, common bloodborne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and there is probable cause to believe that the deceased person transferred blood or other bodily fluids on or through the skin or membranes of the good samaritan.
B. The court shall hear the petition promptly. If the court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred between the deceased person and the good samaritan, the court shall order that the county medical examiner or alternate medical examiner draw two specimens of blood, if available, for testing and make the samples available for testing by a private health care provider or private health facility specified in the court order at the good samaritan's expense.
C. Notwithstanding subsection B of this section, on written notice from the department, the county medical examiner or alternate medical examiner is authorized to draw two specimens of blood, if available, during the autopsy or other examination of the deceased person's body, for infectious disease testing. The county medical examiner or alternate medical examiner shall release the specimen only after the court issues an order pursuant to subsection B of this section. If the court does not issue an order within thirty days after the county medical examiner or alternate medical examiner collects the specimen, the county medical examiner or alternate medical examiner shall destroy the specimen.
D. Notice of the test results shall be provided as prescribed by the department to the good samaritan named in the petition.
E. Section 36-665 does not apply to this section.
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