SB-1130, As Passed Senate, December 3, 2014
October 22, 2014, Introduced by Senators KAHN, PAPPAGEORGE and PROOS and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5101 and 5210 (MCL 333.5101 and 333.5210),
section 5101 as amended by 2010 PA 119 and section 5210 as added by
1988 PA 490.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5101. (1) As used in this article:
(a) "Care" includes treatment, control, transportation,
confinement, and isolation in a facility or other location.
(b) "Communicable disease" means an illness due to a specific
infectious agent or its toxic products that results from
transmission of that infectious agent or its products from a
reservoir to a susceptible host, directly as from an infected
individual or animal, or indirectly through the agency of an
intermediate plant or animal host, vector, or the inanimate
(c) "HIV" means human immunodeficiency virus.
(d) "HIV infection" or "HIV infected" means the status of an
individual who has tested positive for HIV, as evidenced by either
a double positive enzyme-linked immunosorbent assay test, combined
with a positive western blot assay test, or a positive result under
an HIV test that is considered reliable by the federal centers for
disease control and prevention and is approved by the department.
(e) "Immunization" means the process of increasing an
individual's immunity to a disease by use of a vaccine, antibody
preparation, or other substance.
(f) "Infection" means the invasion of the body with
or parasites, regardless of whether
or not the
invasion results in detectable pathologic effects.
(g) "Serious communicable disease or infection" means a
communicable disease or infection that is designated as serious by
the department pursuant to this part. Serious communicable disease
or infection includes, but is not limited to, HIV infection,
acquired immunodeficiency syndrome, hepatitis C virus, venereal
disease, and tuberculosis.
(h) "Venereal disease" means syphilis, gonorrhea, chancroid,
lymphogranuloma venereum, granuloma inguinale, and other sexually
transmitted diseases that the department may designate and require
to be reported under section 5111.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles in this code.
A person An
individual who knows that he or she
has or has been diagnosed as having acquired immunodeficiency
acquired immunodeficiency syndrome related complex, or
the hepatitis C virus, or who knows that he or she is HIV infected,
who engages in sexual penetration with another
without having first informed the other
individual that he or she has acquired immunodeficiency syndrome,
acquired immunodeficiency syndrome
related complex, or the
hepatitis C virus, or is HIV infected, is guilty of a felony.
(2) As used in this section, "sexual penetration" means sexual
intercourse, cunnilingus, fellatio, anal intercourse, or any other
intrusion, however slight, of any part of a person's body or of any
object into the genital or anal openings of another person's body,
but emission of semen is not required.