Okla. Stat. tit. 63, § 63-1-524.1

transmitted infection (STI) including human immunodeficiency virus

(HIV) - Court order - Required provisions - Notification concerning

results to victim's designated professional - Treatment -

Responsibility for costs.

A. A licensed physician shall examine persons who are arrested

by lawful warrant for the offense of first or second degree rape,

forcible sodomy or the intentional infection or attempt to

intentionally infect a person with the human immunodeficiency virus

for the purpose of determining if the person is infected with a

sexually transmitted infection (STI), including, but not limited to,

the human immunodeficiency virus (HIV). For purposes of expediting

such examination, in counties with a population of greater than four

hundred thousand (400,000), the county sheriff or the chief of

police of any municipality with a population of greater than two

hundred thousand (200,000) that is located within such county and

that has a municipal court of record shall notify the city-county

health department serving the county of any person who has been

arrested by county or city officers for such offense. Any such

examination shall be made subsequent to arrest as provided in this

section. Every person shall submit to the examination and shall

permit specimens to be taken for laboratory examinations. Such

person may be detained until the results of the examination are

known. A determination as to whether or not the person is infected

shall not be based on any prior examination. Any person found to be

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infected with a sexually transmitted infection (STI) shall be

treated by a physician of such person's own choice, until such

person is noninfectious or dismissed by the Commissioner or local

health officer or physician. The costs of such treatment shall be

the responsibility of the person who is examined and tested and the

court shall order the person to pay such costs. In the event a

person infected with a sexually transmitted infection (STI) refuses

or fails to submit to treatment, then such person may be quarantined

for the purpose of treatment, and a report thereof shall be made to

the Commissioner.

B. The district attorney shall file a motion for a court-

ordered examination and testing of the person arrested for the

offenses specified in subsection A of this section at the time the

criminal charges are filed or the court may provide a standing order

for such examination and testing which shall issue automatically at

the time of arrest for the offenses specified in subsection A of

this section.

C. Any peace officer in this state upon the arrest of a person

within six (6) hours or less of the actual offense of first or

second degree rape, forcible sodomy or intentional infection or

attempt to intentionally infect a person with the human

immunodeficiency virus shall immediately deliver and submit the

person for a rapid test for human immunodeficiency virus (HIV)

without a court order, if a rapid test site is available. If the

rapid HIV test results are positive the physician examining the

victim of such offense shall be immediately notified and the

physician shall immediately provide the victim with preventive

treatment, if the victim can be treated within the medically

proscribed period for preventive measures.

D. The examination and testing required by this section shall

not be for evidentiary purposes and shall be expedited and conducted

solely to screen for and identify the need for the victim’s

treatment due to potential exposure to sexually transmitted

infections (STIs). A confirmation examination and test may be

conducted following any examination or test yielding a positive

result that is not conclusive of the presence of the human

immunodeficiency virus (HIV) or other sexually transmitted infection

(STI).

E. The court shall include the following provisions in its order
ictim’s

treatment due to potential exposure to sexually transmitted

infections (STIs). A confirmation examination and test may be

conducted following any examination or test yielding a positive

result that is not conclusive of the presence of the human

immunodeficiency virus (HIV) or other sexually transmitted infection

(STI).

E. The court shall include the following provisions in its order

and shall not include the name or address of the alleged victim:

1. A list of specific examinations and tests, including, but

not limited to: blood tests for human immunodeficiency virus (HIV),

hepatitis B, hepatitis C, syphilis, gonorrhea, chlamydia, and visual

examinations for evidence of genital herpes and genital warts for

which examinations and tests are available;

2. A provision requiring the physician, clinic or hospital

which provides the examination and testing to immediately notify the

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district attorney’s office, through the Victim Witness Coordinator,

when the test and examination results have been completed;

3. A provision requiring copies of the examination report and

test results be forwarded by the physician, clinic or hospital that

conducted such examination and tests to the designated physician or

counseling site as made known to the Victim Witness Coordinator by

the victim, or if not specified by the victim then copies of the

reports and results shall be forwarded to the Victim Witness

Coordinator. Results of examinations and tests shall be forwarded

within three (3) days of completion of the examination or testing;

4. A provision that the victim be notified within three (3)

days of the receipt of the examination report and test results by

the designated physician or counseling site as designated by the

victim or the Victim Witness Coordinator, if no designation has been

made by the victim;

5. A provision directing the offender and victim to be treated

for infection as indicated in any positive examination and test

result; and

6. A provision directing the facility having custody of the

arrested person to be responsible for the costs of examination and

tests; provided, however, that the court may order reimbursement of

such costs at the time of sentencing.

F. Upon notification that the results of the examination and

tests are completed, the Victim Witness Coordinator shall instruct

the physician, clinical laboratory or hospital that completed such

results to forward copies of the results according to the victim’s

designation or, if no designation has been made, forward copies to

the Victim Witness Coordinator’s office. The Victim Witness

Coordinator shall notify the victim’s designated professional that

the results are being forwarded and instruct the victim to set a

time to receive the results in person.

G. When the examination and test results indicate infection of

any sexually transmitted infection (STI), the victim shall be

treated by the State Commissioner of Health or local health officer,

or a physician of the victim’s own choice, until noninfectious or

dismissed by the Commissioner, local health officer or physician.

H. All examinations and testing shall be performed by a

licensed physician and/or clinical laboratory or hospital. The test

forms shall include the words “Sex Crime” to expedite handling and

shall include a criminal case number, if known.

I. If the arrested person refuses to be examined and tested

upon arrest, the court shall issue an order for such examination and

test at the initial appearance of the person arrested.

J. The cost of examination and testing authorized by this

section shall be the responsibility of the facility having custody

of the person at the time of arrest. The court shall order the

defendant to reimburse such facility at the time of sentencing for

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such examination and

test at the initial appearance of the person arrested.

J. The cost of examination and testing authorized by this

section shall be the responsibility of the facility having custody

of the person at the time of arrest. The court shall order the

defendant to reimburse such facility at the time of sentencing for

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all actual costs associated with examination and testing required by

this section. No cost of any kind shall be incurred by any victim

of such crimes for testing, obtaining the results of tests, or for

treatment required by a victim due to a positive result for a test

for a sexually transmitted infection (STI) resulting from an offense

specified in this section.

K. For purposes of this section, the term "initial appearance"

shall refer to the first court appearance of an individual, in

person or by closed circuit television, before a magistrate on a

presentment, indictment or preliminary information on a felony

offense.