SECTION 310:564-3-1. Suspect examination and testing for HIV/STDs

(a)   Court order for suspect examination and testing. A motion for a court order for the examination and testing of suspects for HIV/STDs shall be filed automatically at the time charges are filed. It is not necessary that the victim request such examination and testing. The court order shall contain the following:

(1)   A list of the specific examinations and tests ordered by the court. The list shall include, but not necessarily be limited to blood tests for HIV, hepatitis B, and syphilis, cultures or smears for gonorrhea and chlamydia, and visual examination for evidence of genital herpes and genital warts.

(2)   A provision that the physician's office, out-patient clinic, or hospital which provided the suspect's examination and testing notify the District Attorney's office, through the Victim Witness Coordinator, when the suspect's test results are ready, and

(3)   A provision that copies of the results of court-ordered examinations and testing be forwarded by the physician's office, out-patient clinic, or hospital to either a licensed physician or, in the case of adolescent/adult victims only, to the nearest county health department HIV counseling and test site, according to the choice of the victim, as made known to the Victim Witness Coordinator, for disclosure of suspect results to the victim.

(b)   Sources for obtaining suspect examination and testing. Court-ordered HIV/STD examination and testing of suspects should be performed by a licensed physician. Local physician's offices, hospitals, and out-patient clinics all have access to the resources needed to perform such examinations and testing.

(c)   Suspect identification on test records. The suspect should be identified on test forms by the case number assigned by the court. In order to assure proper handling of results by the disclosing facility, the test form should specify "sex crimes" testing adjacent to the court case number.

[Source: Added at 12 Ok Reg 3063, eff 7-27-95]