ORDER FOR MEDICAL TESTING
AND BODY SUBSTANCE SAMPLE
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AOC-1025.1 Doc. Code: OTBS
Rev. 3-20
Page 1 of 2
Commonwealth of Kentucky
Court of Justice www.kycourts.gov
KRS 212.245; 212.245(6);
902 KAR 2:050
Case No. ____________________
Court ________________________
County ______________________
Division ______________________
IN RE: MEDICAL TESTING / BODY SUBSTANCE SAMPLE OF ____________________________________________,
[Individual's Name]
8. The petitioner further has reasonable grounds to believe that ________________________________ poses a serious
and present threat to the health of others if he or she is infected with 2019-nCoV and is not tested.
[individual's name]
The COURT now MAKES the following conclusions:
1. Pursuant to 902 KAR 2:050 and KRS 212.245, the petitioner, in his or her role as ________________________ with
the _______________________________________________ is empowered to require _______________________
_________ to submit to medical testing to determine whether he/she is infected with 2019-nCoV.
[local health department name]
[petitioner’s title]
[individual's name]
[individual's name]
7. The petitioner, _________________________________________, an officer/employee of _____________________
_______________________________, has reasonable grounds, as set forth in the attached Affidavit, to believe that
________________________________ is infected with 2019-nCoV.
[petitioner’s name and title]
[local health department name]
5. Clear and convincing evidence shows that those people who are in physical contact with or in the proximity of less than
6 feet of an individual infected with this disease, or have had contact with a surface or object that is contaminated with
2019-nCoV, are likely to exhibit symptoms within 2 to 14 days, which period of time is referred to herein as the “incubation
period”. Thus, the clear and convincing evidence suggests that this disease is easily transmissible from person-to-person.
1. The _______________________________________________ has received reports of increasing numbers of ill people
exhibiting symptoms of a disease that has in its common course severe disability or death.
[local health department name]
3. 2019-novel Coronavirus (2019-nCoV) is a new communicable disease that has not been previously identified in the
world. 2019-nCoV meets the definition for “severe acute respiratory syndromes” as set forth in federal Executive Order
13295, as amended by Executive Order 13372 and 13674, and is a federally quarantinable communicable disease. It is
characterized by fever, cough, and shortness of breath and can progress to severe respiratory illness requiring
hospitalization and mechanical ventilation and can lead to death.
2. That since ______________________, 2_____ until the date of this Order, over ____________ people have been
stricken with this disease in Kentucky and ____________ people have died.
[applicable number]
[applicable number]
[date of first case report]
6. There are no known preventive medications for this disease at this time.
4. 2019-nCoV is spread from person-to-person among close contacts. According to the Center for Disease Control and
Prevention, person-to-person spread is thought to occur mainly via respiratory droplets produced when an infected
person coughs or sneezes. These droplets can be inhaled into the lungs and in the mouths or noses of people who are
in close contact. Further, this disease may be spread from contact with contaminated surfaces or objects.
The COURT, having received evidence in this matter, and being otherwise sufficiently advised, now FINDS:
10. ________________________________ has refused to undergo said testing.
[individual's name]
[individual's name]
9. The petitioner has requested that ________________________________ voluntarily undergo medical testing to
confirm the presence of 2019-nCoV.
AOC-1025.1
Rev. 3-20
Page 2 of 2
Case No. ______________________________
[individual's name]
,
if necessary, for purposes of obtaining a sample from .
to be transported to
County Sheriff shall arrange forIt is further ORDERED, ADJUDGED, and DECREED that the ___________________
________________________________ ______________________________________________
________________________________
[individual's name]
[county]
[name of appropriate medical facility or other address indicated above]
[individual's name]
The nature of the disease at issue (as recited above at Paragraphs 3 and 4), the petitioner’s reasonable belief that
an infection may exist (as recited above at Paragraph 7), and
________________________________
________________________________
4.
must be ordered to submit to medical testing and provide a body substance sample.
’s refusal to
comply with the requested testing (as recited above at Paragraph 10), constitute clear and convincing evidence that
[individual's name]
[individual's name]
________________________________
________________________________
3. As a matter of law and pursuant to KRS 212.245(6), this Court may compel
is infected with 2019-nCoV.to submit to medical testing to determine whether
[individual's name]
[individual's name]
Petitioner, in his or her role as ________________________2. , may petition this Court to compel the testing pursuant
to KRS 212.245(6).
[petitioner’s title]
q a.m. q p.m.Time: ___________
____________________________________________
Judge's Signature
, 2______ _____________________________
Date
or
is infected with 2019-nCoV.
’s body and subject it to a test that has been scientifically demonstrated to reveal
whether
q
shall provide aTherefore, it is ORDERED, ADJUDGED, and DECREED that
where an appropriate medical professional shall remove the above-referenced sample from
(check one) q blood q fluid q tissue sample at the (check one) q
_____________________
__________________________
________________________________
__________________________________________
________________________________________________________________
______
______________________________
__________________________
[other appropriate address as determined by the [name of local health department]]
[individual's name]
[individual's name]
[name and address of appropriate medical facility]
[petitioner’s name]
, and other individuals legally
authorized to access such information.
,
It is further ORDERED, ADJUDGED, and DECREED that the results of this testing shall be disclosed only to
___________________________________________________________________
[individual's name]
refuses
to submit to the testing ordered herein, petitioner shall return to this Court to obtain an order or search warrant authorizing
the use of force to conduct the necessary testing.
It is further ORDERED, ADJUDGED, and DECREED that in the event ________________________________
[individual's name]
Distribution: County Attorney
Local Health Department
Individual subject to this Order
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