Read the full stored bill text
A160
ASSEMBLY, No. 160
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Requires medical testing for certain persons in
circumstances when first responders may be exposed to bloodborne pathogens.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning medical testing for bloodborne
pathogens for certain persons and supplementing Title 26 of the Revised
Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in this act:
���� �Bloodborne pathogen� means pathogenic
microorganisms that are present in human blood and can cause disease in humans
including, but not limited to, hepatitis B, hepatitis C, human immunodeficiency
virus (HIV), and any other infectious disease that may be transmitted through
exposure to human blood.
���� �First responder� means a law
enforcement officer, paid or volunteer firefighter, paid or volunteer member of
a duly incorporated first aid, emergency, ambulance, or rescue squad
association, or any other individual who, in the course of that individual's
employment, is dispatched to the scene of an emergency situation for the
purpose of providing medical care or other assistance.
���� 2.��� a.�� In the event that
an first responder who interacts with a person, and in the course of the
interaction with that person, may have been exposed to a bloodborne pathogen
through direct contact with bodily fluid or an accidental prick of a syringe or
hypodermic needle, the first responder may notify the local public health
officer of the potential exposure within 24 hours of the suspected contact to
request that the person submit to serological tests or other medically
appropriate tests, including such repeat or confirmatory tests as may be
medically appropriate, for infection with a bloodborne pathogen that can be
transmitted by contact with bodily fluids.
���� b.��� A public health officer
receiving a request pursuant to subsection a. of this section shall seek to
obtain voluntary consent to testing from the person who came into contact with
the first responder.� If the person does not consent and submit to testing within
24 hours of the public health officer�s request, the public health officer
shall file an emergency application to a court having jurisdiction for an order
requiring the person to submit to testing.�
���� c.���� A court shall grant an
order requested pursuant to subsection b. of this section if the court finds,
by a preponderance of evidence, that there is a risk that bloodborne pathogen
was transmitted as a result of the contact.� The court order shall require testing
to be performed as soon as practicable by a health care provider or at a health
care facility licensed or authorized to administer the ordered testing.�
���� d.��� The results of any
testing ordered by a court pursuant to subsection c. of this section shall be
disclosed to the person tested and to the first responder who requested the
testing, but shall not be disclosed to any other individual except as
authorized by law or court order.� A court order for testing and any test
results shall be confidential and shall not be used for any law enforcement
purposes or as evidence in any civil proceeding.� A person who knowingly
discloses or uses such confidential information in violation of this section is
guilty of a crime of the fourth degree.
���� e.���� In addition to any
other disposition authorized, a court may order the person who came into
contact with the first responder to reimburse the State for the costs of the
tests ordered pursuant to subsection c. of this section.
���� f.���� A person who performs a
test ordered pursuant to subsection c. of this section in accordance with
accepted medical standards for the performance of such tests shall be immune
from civil and criminal liability arising from the person�s conduct.
���� g.��� This section shall not
be construed to preclude or limit any other testing for HIV, hepatitis, or any
other infectious disease that is otherwise permitted by statute, court rule, or
common law.
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill would provide for
the court-ordered testing of certain persons in circumstances when first
responders may be exposed to bloodborne pathogens such as hepatitis B,
hepatitis C, human immunodeficiency virus (HIV), and any other infectious
disease that may be transmitted through exposure to human blood.� First
responders include enforcement, firefighters, and emergency medical services
personnel.
���� Specifically, the bill would
provide that a first responder who, in the course of an interaction with a
person, may have been exposed to a bloodborne pathogen through direct contact
with bodily fluid or an accidental prick of a syringe or hypodermic needle,
could notify the local public health officer within 24 hours of the potential
exposure.
���� Upon the first responder�s
request, the public health officer is required to seek consent from the person who
came into contact with the first responder to voluntarily submit to serological
tests or other medically appropriate tests, including repeat or confirmatory
tests, for infection with a bloodborne pathogen that can be transmitted by
contact with bodily fluids or an accidental prick of a syringe or hypodermic
needle.� If the person does not consent and submit to testing within 24 hours
of the public health officer�s request, the public health officer is required
to file an emergency application for a court order requiring the person to
submit to testing.
���� The court would be required to
grant the order for testing if the court finds, by a preponderance of evidence,
that there is a risk that a bloodborne pathogen was transmitted as a result of
the contact.� The court order would require testing to be performed as soon as
practicable by a health care provider or at a health care facility licensed or
authorized to administer the ordered testing.� The bill authorizes the court to
order the person who came into contact with the first responder to reimburse
the State for the costs of the tests.
���� The results of any testing
would be disclosed to the person tested and the first responder who requested
the testing, but are not to be disclosed to any other individual except as
authorized by law or court order.
���� A court order for testing and
any test results would be confidential and could not be used for any law
enforcement purposes or as evidence in any civil proceeding.� A person who
knowingly discloses or uses such confidential information in violation of the
bill would be guilty of a fourth degree crime, which is punishable by
imprisonment for up to 18 months, a fine of up to $10,000, or both.
���� A person who performs a test
ordered in accordance with accepted medical standards for the performance of
such tests would be immune from civil and criminal liability arising from their
conduct.
���� The bill is not to be
construed to preclude or limit any other testing for HIV, hepatitis, or any
other infectious disease that is otherwise permitted by statute, court rule, or
common law.