Nurse charged with sexually abusing incapacitated woman refuses HIV test

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.

RELATED: A look at the German killer nurse

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A look at the German killer nurse in court
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A look at the German killer nurse in court
Former nurse Niels H. (L) masks his face with a folder next to his lawyer Ulrike Baumann on his arrival in the courtroom at the regional court in Oldenburg, December 9, 2014. Niels H. was sentenced in 2008 for three murders and imprisoned and he stands a new trial in Oldenburg as the prosecutor tries to find out if he committed more crimes, local media said. REUTERS/Fabian Bimmer (GERMANY - Tags: CRIME LAW)
Former nurse Niels H. (R) masks his face with a folder on his arrival in the courtroom at the regional court in Oldenburg, December 9, 2014. Niels H. was sentenced in 2008 for three murders and imprisoned and he stands a new trial in Oldenburg as the prosecutor tries to find out if he committed more crimes, local media said. REUTERS/Fabian Bimmer (GERMANY - Tags: CRIME LAW)
Former nurse Niels H. (L) masks his face with a folder next to his lawyer Ulrike Baumann on his arrival in the courtroom at the regional court in Oldenburg, December 9, 2014. Niels H. was sentenced in 2008 for three murders and imprisoned and he stands a new trial in Oldenburg as the prosecutor tries to find out if he committed more crimes, local media said. REUTERS/Fabian Bimmer (GERMANY - Tags: CRIME LAW)
Former nurse Niels H. (L) masks his face with a folder with the help of his lawyer Ulrike Baumann on his arrival in the courtroom at the regional court in Oldenburg, December 9, 2014. Niels H. was sentenced in 2008 for three murders and imprisoned and he stands a new trial in Oldenburg as the prosecutor tries to find out if he committed more crimes, local media said. REUTERS/Fabian Bimmer (GERMANY - Tags: CRIME LAW)
Former nurse Niels H. masks his face with a folder on his arrival in the courtroom at the regional court in Oldenburg, December 9, 2014. Niels H. was sentenced in 2008 for three murders and imprisoned and he stands a new trial in Oldenburg as the prosecutor tries to find out if he committed more crimes, local media said. REUTERS/Fabian Bimmer (GERMANY - Tags: CRIME LAW)
Former nurse Niels H. masks his face with a folder on his arrival in the courtroom at the regional court in Oldenburg, December 9, 2014. Niels H. was sentenced in 2008 for three murders and imprisoned and he stands a new trial in Oldenburg as the prosecutor tries to find out if he committed more crimes, local media said. REUTERS/Fabian Bimmer (GERMANY - Tags: CRIME LAW)
OLDENBURG, GERMANY - NOVEMBER 27: Niels H. arrives for his trial at court on November 27, 2014 in Oldenburg, Germany. Originally charged with the murder of several patients at a clinic in Delmenhorst, recent doctors' reports indicate that Niels H., who worked at several hospitals, may have murdered over 200 people over a time-period spanning a decade at at least two clinics and during a time when he worked as an emergency rescue worker. (Photo by Markus Hibbeler/Getty Images)
OLDENBURG, GERMANY - NOVEMBER 27: Niels H. arrives for his trial at court on November 27, 2014 in Oldenburg, Germany. Originally charged with the murder of several patients at a clinic in Delmenhorst, recent doctors' reports indicate that Niels H., who worked at several hospitals, may have murdered over 200 people over a time-period spanning a decade at at least two clinics and during a time when he worked as an emergency rescue worker. (Photo by Markus Hibbeler/Getty Images)
Former nurse Niels H. masks his face with a folder on his arrival in the courtroom at the regional court in Oldenburg, December 9, 2014. Niels H. was sentenced in 2008 for three murders and imprisoned and he stands a new trial in Oldenburg as the prosecutor tries to find out if he committed more crimes, local media said. REUTERS/Fabian Bimmer (GERMANY - Tags: CRIME LAW)
German former male nurse Niels H (R) is in the focus of photographers and cameramen as he waits for his trial on February 19, 2015 at court in Oldenburg, northwestern Germany. The 38-year-old man who has said he killed more than 30 hospital patients out of boredom apologised to the victims' relatives. AFP PHOTO / DPA / CARMEN JASPERSEN +++ GERMANY OUT (Photo credit should read CARMEN JASPERSEN/AFP/Getty Images)
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Court Commissioner Roger Hartsell rejected Sutherland's refusal on Tuesday, The Associated Press reported.

Sutherland has pleaded not guilty. His lawyer did not immediately respond to a request for comment Wednesday.

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