Section 191.674

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 01 Jun 1988, see footnote   

  191.674.  Court-ordered HIV testing without right of refusal, department of health and senior services may seek, when — court record closed, proceeding to be in camera, when. — 1.  The department of health and senior services may seek in its own name in a court of competent jurisdiction a court order directing an individual to undergo HIV testing without the right of refusal after reasonable efforts have been made by the department to obtain informed consent to HIV testing.  The court shall grant such order whenever there are reasonable grounds to believe that an individual is infected with HIV and there is clear and convincing evidence of a serious and present health threat to others posed by the individual if infected.

  2.  The record of any suit filed pursuant to this section shall be closed to the public and, at the request of the individual, any hearing shall be held in camera.

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(L. 1988 H.B. 1151 & 1044 § 9)

Effective 6-1-88