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.

Terms Used In Arizona Laws 36-670

  • Department: means the department of health services. See Arizona Laws 36-661
  • Good Samaritan: means a person who renders emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency and who believes that a significant exposure risk occurred while the person rendered care or assistance. See Arizona Laws 36-661
  • Health care provider: means a physician, nurse or other person involved in providing health services. See Arizona Laws 36-661
  • Health facility: means a health care institution as defined in section 36-401, a blood bank, blood center, milk bank, sperm bank, organ or tissue bank or clinical laboratory or a health care services organization holding a certificate of authority pursuant to section 20-1054. See Arizona Laws 36-661
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

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.