Policy Documents

Emergency Public Safety Measures Act

December 14, 2000

In this model legislation,

This bill authorizes the State Department of Health, by clear and convincing evidence, to seek a court order requiring an individual to undergo blood tests for evidence of the HIV virus without a prior consent form from the individual. The court shall grant such order whenever there is probable cause to believe that an individual has HIV infection and there is clear and convincing evidence of a serious and present health threat posed to others by the infected individual. Treatment, such as counseling, hospitalization, and education, would be provided to the infected individual.