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PUBLIC LAWS OF MAINE
First Special Session of the 118th

CHAPTER 331
H.P. 1000 - L.D. 1392

An Act to Require the Release of the Results of an HIV Test to a Person Who Has Experienced a Bona Fide Occupational Exposure

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 5 MRSA §19203-C, sub-§1, as amended by PL 1995, c. 404, §7, is further amended to read:

     1. Petition. Any person who experiences a bona fide occupational exposure may petition the District Court with jurisdiction over the facility or other place where the exposure occurred to require the person whose blood or body fluid is the source of the exposure to submit to an HIV test and to require that the results of the test be provided to the petitioner provided that the following conditions have been met:

     Sec. 2. 5 MRSA §19203-C, sub-§4, as amended by PL 1995, c. 404, §10, is further amended to read:

     4. Determination. The court may shall require the person whose blood or body fluid is the source of the exposure to obtain an HIV test only if the petitioner proves, by a preponderance of the evidence, that:

In determining whether to order the test, the court shall consider the balance of benefit and harm to both individuals if the test is ordered.

Effective September 19, 1997, unless otherwise indicated.

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