You asked if an ambulance worker who is accidentally exposed to the bodily fluid of an individual suspected of having AIDS can force that individual to be tested.

Generally, the law prohibits the ordering of any human immunodeficiency virus (HIV)-related test without the informed consent of the test subject or person authorized to consent for him. State law provides some exceptions to this. One of these exceptions allows volunteer emergency medical services, fire, and safety personnel exposed to another's blood during the course of occupational duties to learn whether that person had been exposed to HIV (PA 93-291, CGS § 19a-582(e)(5)).

By law, the informed consent requirement does not apply to cases where someone has a “significant exposure” (occupational exposure) in the course of his or her duties and certain other conditions are met. These are:

1. the worker can document the significant exposure;

2. he or she files a report within 48 hours of exposure identifying details about the incident;

3. he or she submits to an HIV test within 72 hours of the exposure and tests negative;

4. the patient's physician tried to obtain voluntary consent and was refused, unless the patient has died;

5. the worker can take quick and useful action only if test results are known;

6. an “exposure evaluation group” finds that the criteria above are met, the worker had a significant exposure to the person's blood, and the person (or his guardian) refuses to give consent;

7. the results are not placed in the patient's records at the facility unless relevant to his or her current care, if the test is done because of accidental exposure;

8. counseling requirements are met; and

9. the worker's employer pays for the HIV test.

The law requires each municipality to notify its police, fire, and emergency medical services personnel of these procedures concerning workers who have experienced a significant exposure (CGS § 19a-588).

JK: ro