An Act To Protect the Health and Safety of First Responders
Maine Legislature, Session 128, LD 1512
Committee Amendment CA_B-HA_A_H547 (House)
Amends: 22 MRSA §832-A

HOUSE AMENDMENT "A "to COMMITTEE AMENDMENT "B"·to H.P. 1036, 
L.D. 1512, Bill, "An Act To Protect the Health and Safety of First Responders" 
Amend the amendment by inse1ting after the first indented paragraph after the title 
the following: 
'Amend the bill by striking out all of section 2 and inse1ting the following: 
'Sec. 2. 22 MRSA §832-A is enacted to read: 
§832-A. Emergency blood-borne pathogen testing 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Aggressive blood-borne pathogen" means a blood-borne pathogen whose 
pathology is such that a person who has been exposed to the pathogen must receive 
medical treatment to have a chance to effectively neutralize the pathogen. 
B. "Body fluids" means body fluids that are excreted or secreted from the body, 
including, but not limited to, urine, feces, blood or saliva. 
C. 
"Emergency medical care provider" has the same meaning as in Title 17-A, 
section 752-C, subsection 2. 
D. "Firefighter" has the same meaning as in Title 17-A, section 752-E, subsection 2. 
E. 
"First responder" means a law enforcement officer, firefightel' or emergency 
medical care prnvider. 
F. "Law enforcement officer" has the same meaning as in Title 17-A, section 2, 
subsection 17. 
2. Testing; expedited hearing. When a first responder has been exposed to a 
person's body fluids in the course of the first responder's official duties, the first 
responder or the first responder's designee may ask the person whose body fluids were the 
source of exposure to the first responder to submit to a blood test. If the person refuses, 
the first responder may petition the court and, ifthere is reasonable cause to suspect that 
the person's body fluids might contain an aggressive blood-borne pathogen, the comt may 
HOUSE AMENDMENT 
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HOUSE AMENDMENT«.4 "to COMMITTEE AMENDMENT"B" to H.P. 1036, L.D. 1512 
order that a hearing be held in accordance with the procedures set forth in section 832. 
except that: 
A. Upon receipt by the District Court of the petition, the court shall schedule a 
hearing to be held within 72 hours of the filing of the petition; 
B. Any appeal of the District Couti's decision must be filed no later than 24 hours 
following the court's decision; and 
C. Upon receipt by the Superior Court of an appeal under paragraph B, the comi 
shall schedule a hearing to be held within 72 hours.'' 
SUMMARY 
This amendment replaces the provision of Committee Amendment "B" regarding 
emergency blood-borne pathogen testing. Under this amendment, if a first responder who 
has been exposed to a person's body fluids in the course of the first responder's official 
duties petitions the court to order a blood test: 
1. The District Comi must schedule a hearing to be held within 72 hours of the filing 
of the petition; 
2. Any appeal of the District Cowi's decision must be filed no later than 24 hours 
following the couti's decision; and 
3. 
Upon receipt by the Superior Court of the appeal, the court must schedule a 
hewing to be held withz, 
SPONSORED BY: 
~ 
(Representative ioNGSTAFF) 
TOWN: Waterville 
HOUSE AMENDMENT