HB-4901, As Passed Senate, July 1, 2010
May 7, 2009, Introduced by Reps. Liss, Segal, Haugh, Moore and Roy Schmidt and referred to the Committee on Health Policy.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 67b (MCL 791.267b), as added by 1996 PA 565.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 67b. (1) If an employee of the department sustains a
percutaneous, mucous membrane, or open wound exposure to the blood
or body fluids of a prisoner, the employee may request that the
prisoner be tested for HIV infection or HBV infection, or both,
pursuant to this section.
(2) An employee shall make a request described in subsection
(1) to the department in writing on a form provided by the
department within 72 hours after the exposure occurs. The request
form shall be dated and shall contain at a minimum the name and
address of the employee making the request and a description of his
or her exposure to the blood or other body fluids of the prisoner.
The request form shall contain a space for the information required
under subsection (6) and a statement that the requester is subject
to the confidentiality requirements of subsection (8) and section
5131
of the public health code, Act No. 368 of the Public Acts of
1978,
being section 333.5131 of the Michigan Compiled Laws 1978 PA
368, MCL 333.5131. The request form shall not contain information
that would identify the prisoner.
(3) Upon receipt of a request under this section, the
department shall make a determination as to whether or not there is
reasonable cause to believe that the exposure described in the
request occurred and if it was a percutaneous, mucous membrane, or
open wound exposure pursuant to R 325.70001 to R 325.70018 of the
Michigan administrative code. If the department determines that
there is reasonable cause to believe that the exposure described in
the request occurred and was a percutaneous, mucous membrane, or
open wound exposure, the department shall test the prisoner for HIV
infection or HBV infection, or both, as indicated in the request,
subject to subsection (4).
(4) In order to protect the health, safety, and welfare of
department employees, the department may test a prisoner under
subsection (3) whether or not the prisoner consents to the test.
The department is not required to give the prisoner an opportunity
for a hearing or to obtain an order from a court of competent
jurisdiction before administering the test.
(5) The department is not required to provide HIV counseling
pursuant
to section 5133(1) of Act No. 368 of the Public Acts of
1978,
being section 333.5133 of the Michigan Compiled Laws the
public health code, 1978 PA 368, MCL 333.5133, to an employee who
requests that a prisoner be tested for HIV under this section,
unless the department tests the employee for HIV.
(6) The department shall comply with this subsection if the
department receives a request under this section and determines
either that there is not reasonable cause to believe the
requester's description of his or her exposure or that the exposure
was not a percutaneous, mucous membrane, or open wound exposure and
as a result of the determination the department is not required to
test the prisoner for HIV infection or HBV infection, or both. The
department shall state in writing on the request form the reason it
determined there was not reasonable cause to believe the
requester's description of his or her exposure or for the
department's determination that the exposure was not a
percutaneous, mucous membrane, or open wound exposure, as
applicable. The department shall transmit a copy of the completed
request form to the requesting individual within 2 days after the
date the department makes the determination described in this
subsection.
(7) The department shall notify the requesting employee of the
HIV or HBV test results, or both, whether positive or negative,
within 2 days after the test results are obtained by the
department. The notification shall be transmitted directly to the
requesting employee or, upon request of the requesting employee, to
his or her primary care physician or other health professional
designated by the employee. The notice required under this
subsection shall include an explanation of the confidentiality
requirements of subsection (8).
(8) The notice required under subsection (7) shall not contain
information that would identify the prisoner who tested positive or
negative for HIV or HBV. The information contained in the notice is
confidential and is subject to this section, the rules promulgated
under
section 5111(2) of Act No. 368 of the Public Acts of 1978,
being
section 333.5111 of the Michigan Compiled Laws 5111 of the
public health code, 1978 PA 368, MCL 333.5111, and section 5131 of
Act
No. 368 of the Public Acts of 1978, being section 333.5131 of
the
Michigan Compiled Laws the public health code, 1978 PA 368, MCL
333.5131. A person who receives confidential information under this
section shall disclose the information to others only to the extent
consistent with the authorized purpose for which the information
was obtained.
(9) The department shall develop and distribute the forms
required under this section.
(10) In addition to the penalties prescribed in the rules
promulgated
under section 5111(2) of Act No. 368 of the Public Acts
of
1978 5111 of the public
health code, 1978 PA 368, MCL 333.5111
and
in section 5131 of Act No. 368 of the Public Acts of 1978 the
public health code, 1978 PA 368, MCL 333.5131, a person who
discloses information in violation of subsection (8) is guilty of a
misdemeanor.
(11) The department shall report to the department of
community health each test result obtained under this section that
indicates that an individual is HIV infected, in compliance with
section
5114 of Act No. 368 of the Public Acts of 1978, being
section
333.5114 of the Michigan Compiled Laws the public health
code, 1978 PA 368, MCL 333.5114.
(12) As used in this section:
(a) "Employee" means an individual who is employed by or under
contract to the department of corrections.
(b) "HBV" means hepatitis B virus.
(c) "HBV infected" or "HBV infection" means the status of an
individual who is tested as HBsAg-positive.
(d) "HIV" means human immunodeficiency virus.
(e) "HIV infected" means that term as defined in section 5101
of
Act No. 368 of the Public Acts of 1978, being section 333.5101
of
the Michigan Compiled Laws the public health code, 1978 PA 368,
MCL 333.5101.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4899(request no.
02505'09) of the 95th Legislature is enacted into law.