{"data":{"id":"us-ky/krs-438.250","jurisdiction":"us-ky","citation":"KRS 438.250","heading":"Mandatory testing for HIV, hepatitis B and C, tuberculosis, and other","body":"diseases for criminal defendants, inmates, and state patients under specified\nconditions -- Effect of refusal to be tested -- Costs.\n(1) When a public servant, as defined in KRS 521 .010, a health care professional who\nis licensed or certified under the laws of the Commonwealth, an employee of the\nhealth care professional, an employee of a health care facility that is licensed under\nthe laws of the Commonwealth, or victim of a crime i s bitten by, suffers a puncture\nwound caused by, or is exposed to the blood or body fluids of a criminal defendant,\ninmate, parolee, probationer, or patient or resident of any health facility owned or\noperated by the Commonwealth, or the blood or body fluids of a criminal defendant,\ninmate, parolee, or probationer have come into contact with the skin or unprotected\nclothing of a public servant during any incident in which the public servant and the\ncriminal defendant, inmate, parolee, or probationer are inv olved, the criminal\ndefendant, inmate, parolee, or probationer shall be ordered to submit to testing for\nhuman immunodeficiency virus (HIV), hepatitis B and C viruses, and any other\ndisease, if testing for that disease is recommended by the most current gu idelines of\nthe Centers for Disease Control and Prevention, and if testing for any of these\nconditions is recommended, then testing will be conducted as recommended by the\nCenters for Disease Control and Prevention.\n(2) The written results of the testing s hall be made available to each public servant,\nvictim of the crime, criminal defendant, inmate, parolee, or probationer coming\nwithin the purview of subsection (1). However, the results shall not be public\nrecords and shall be disclosed to others only on a need-to-know basis. The victim of\nthe crime shall receive written results as provided in KRS 510.320.\n(3) If a criminal defendant, inmate, parolee, or probationer fails or refuses to be tested\nas ordered, he may be held in criminal contempt. A Circuit or District Judge shall\ncompel the criminal defendant, inmate, parolee, or probationer to undergo the\ntesting required herein if he fails or refuses to do so. Undergoing compulsory testing\nafter a failure or refusal to be tested shall not relieve the criminal defendant, inmate,\nparolee, or probationer of the liability imposed by this subsection.\n(4) The costs of the testing shall be borne by the criminal defendant, inmate, parolee, or\nprobationer unless he is determined unable to pay for the test by a court of\ncompetent jurisdiction for criminal defendants and probationers and by the\nDepartment of Corrections pursuant to their indigency standards for inmates and\nparolees, in which case the Commonwealth shall pay for the testing.\n(5) The provisions of subsection s (1) to (4) of this section shall apply to juveniles\nfalling within any category specified in subsections (1) to (4) of this section as well\nas to adults.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19097","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"14cbd9cbfe68ad793449c2557023ace64de5461cf8a642c7a7d6fc043cecdf5a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.240","next":"us-ky/krs-438.280"},"notice":"GroundRules: Original legal text. Not legal advice."}