HOUSE DOCKET, NO. 3453        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1463

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative to the Health of Public Safety Officers..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 172 of the Acts of 2006 is hereby amended by adding after section 17 the following new section:

Section 18. The protective cap issued with all hypodermic syringes or hypodermic needles must be in place at all times before and after use.  Whoever violates any provision of this paragraph shall be punished by imprisonment in jail or house of correction for not less than one nor more than two years, or by a fine of not less than five hundred nor more than five thousand dollars, or both.

Anyone under arrest shall be subject to a blood test, provided that, the arresting police officer(s) was/were stuck by a hypodermic syringe or hypodermic needle that was unlawfully uncapped. The arrested individual shall be tested immediately after arrest, and three months later, if the first test proved negative. The name of the tested person shall be subject to a confidentiality agreement with the police officer who receives the result of the test, and the Department of Public Health shall maintain record of the test results to provide care to anyone infected.