Mandatory testing is an infringement of individual liberty and violates the right to privacy.
The MCLU certainly understands that there may be instances in which the danger to the public from a communicable disease is so grave that a compelling interest justifies state action, but that is not the case with these two proposals. First, Maine already has a law that allows for testing when there has been a bona fide occupational exposure, so these two bills are totally unnecessary. Under current law a request for a test is made, if it is turned down, and it has been determined that there is a bona fide occupational exposure, then a judge can be petitioned to make a decision about whether forcing a test onto someone who does not want to be tested is warranted. Second, forcing someone to be tested after there has been an accidental exposure reveals no useful information to the person exposed, and can actually contribute to the misperception that that person is safe. An individual who has contracted HIV is actually more contagious during the first several weeks after contracting the disease, but at this point test results on that person will still come back negative.