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.

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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.