People in jail custody who bite, exchange bodily fluids, or expose others to bodily secretions must submit a specimen for testing; refusal can lead to a court order and misdemeanor liability.
1. A person confined to a jail or in the custody of a peace officer, who bites another person, who causes an exchange of bodily fluids with another person, or who causes any bodily secretion to be cast upon another person, shall submit to the withdrawal of a bodily specimen for testing to determine if the person is infected with a contagious or infectious disease as defined in section 141A.2. The bodily specimen to be taken shall be determined by the attending physician of the jail or the county medical examiner. The specimen taken shall be sent to the state hygienic laboratory or some other laboratory approved by the department of health and human services. If a person to be tested pursuant to this section refuses to submit to the withdrawal of a bodily specimen, the sheriff, person in charge of the jail, or any potentially infected person may file an application with the district court for an order compelling the person that may have caused an infection to submit to the withdrawal and, if infected, to receive available treatment. An order authorizing the withdrawal of a specimen for testing may be issued only by a district judge or district associate judge upon application by the sheriff, person in charge of the jail, or any other potentially infected person. 2. A person who fails to comply with an order issued pursuant to this section is guilty of a serious misdemeanor. 3. Personnel at the jail shall be notified if a person confined is found to have a contagious or infectious disease. 4. The sheriff, person in charge of the jail, or any other potentially infected person shall take any appropriate measure to prevent the transmittal of a contagious or infectious disease to other persons. The sheriff or person in charge of the jail shall also segregate a confined person who tests positive for acquired immune deficiency syndrome from other confined persons. 5. For purposes of this section, “potentially infected person” includes a care provider as defined in section 139A.2. 87 Acts, ch 185, §2; 2005 Acts, ch 87, §1; 2023 Acts, ch 19, §1112