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The former nurse charged with sexually assaulting an incapacitated patient in his care who gave birth at a Phoenix health care facility refused to take an HIV test, according to court documents.
Nathan Sutherland was arrested on suspicion of sexual assault and vulnerable adult abuse in January after a 29-year-old patient at Hacienda HealthCare's long-term care center gave birth in December.
Prosecutors requested on Feb. 4 that Sutherland, 36, take an HIV test, and he objected to the request on Feb. 26, according to Maricopa court documents.
Court Commissioner Roger Hartsell, who had ordered Sutherland to take the test, rejected his request to reconsider the requirement, a spokesman for the Superior Court of Arizona told NBC News.
Sutherland has pleaded not guilty. His lawyer did not immediately respond to a request for comment Wednesday.