HOUSE BILL No. 5067


     September 23, 1997, Introduced by Rep. Scranton and referred to the Committee on Health Policy.


        A bill to amend 1953 PA 232, entitled

   "An act to revise, consolidate, and codify the laws relating to
   probationers and probation officers, to pardons, reprieves, com-
   mutations, and paroles, to the administration of correctional
   institutions, correctional farms, and probation recovery camps,
   to prisoner labor and correctional industries, and to the super-
   vision and inspection of local jails and houses of correction; to
   provide for the siting of correctional facilities; to create a
   state department of corrections, and to prescribe its powers and
   duties; to provide for the transfer to and vesting in said
   department of powers and duties vested by law in certain other
   state boards, commissions, and officers, and to abolish certain
   boards, commissions, and offices the powers and duties of which
   are transferred by this act; to allow for the operation of cer-
   tain facilities by private entities; to prescribe the powers and
   duties of certain other state departments and agencies; to pro-
   vide for the creation of a local lockup advisory board; to pre-
   scribe penalties for the violation of the provisions of this act;
   to make certain appropriations; to repeal certain parts of this
   act on specific dates; and to repeal all acts and parts of acts
   inconsistent with the provisions of this act,"

   by amending section 67b (MCL 791.267b), as added by 1996 PA 565.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:





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 1         Sec. 67b.  (1) If an employee of the department sustains a

 2    percutaneous, mucous membrane, or open wound exposure to the

 3    blood or body fluids of a prisoner, the employee may request that

 4    the prisoner be tested for HIV infection,  or  HBV infection, HCV

 5    INFECTION, or  both  FOR ALL 3 INFECTIONS, pursuant to this

 6    section.

 7         (2) An employee shall make a request described in

 8    subsection (1) to the department in writing on a form provided by

 9    the department within 72 hours after the exposure DESCRIBED IN

10    SUBSECTION (1) occurs.  The request form shall be dated and shall

11    contain at a minimum the name and address of the employee making

12    the request and a description of his or her exposure to the blood

13    or other body fluids of the prisoner.  The request form shall

14    contain a space for the information required under subsection (6)

15    and a statement that the requester is subject to the confiden-

16    tiality requirements of subsection (8) and section 5131 of the

17    public health code,  Act No. 368 of the Public Acts of 1978,

18     being section 333.5131 of the Michigan Compiled Laws  1978

19    PA 368, MCL 333.5131.  The request form shall not contain infor-

20    mation that would identify the prisoner.

21         (3) Upon receipt of a request under this section, the

22    department shall make a determination as to whether or not there

23    is reasonable cause to believe that the exposure described in the

24    request occurred and if  it  THE EXPOSURE was a percutaneous,

25    mucous membrane, or open wound exposure pursuant to R 325.70001

26    to R 325.70018 of the Michigan administrative code.  If the

27    department determines that there is reasonable cause to believe



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 1    that the exposure described in the request occurred and was a

 2    percutaneous, mucous membrane, or open wound exposure, the

 3    department shall test the prisoner for HIV infection,  or  HBV

 4    infection, HCV INFECTION, or  both  FOR ALL 3 INFECTIONS, as

 5    indicated in the request, subject to subsection (4).

 6         (4) In order to protect the health, safety, and welfare of

 7    department employees, the department may test a prisoner under

 8    subsection (3) whether or not the prisoner consents to the test.

 9    The department is not required to give the prisoner an opportu-

10    nity for a hearing or to obtain an order from a court of compe-

11    tent jurisdiction before administering  the test  1 OR MORE OF

12    THE TESTS DESCRIBED IN SUBSECTION (3).

13         (5) The department is not required to provide HIV counseling

14    pursuant to section 5133(1) of  Act No. 368 of the Public Acts of

15     1978, being section 333.5133 of the Michigan Compiled Laws  THE

16    PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.5133, to an employee who

17    requests that a prisoner be tested for HIV under this section,

18    unless the department tests the employee for HIV.

19         (6) The department shall comply with this subsection if the

20    department receives a request under this section and determines

21    either that there is not reasonable cause to believe the

22    requester's description of his or her exposure TO THE BLOOD OR

23    BODY FLUIDS OF A PRISONER or that the exposure was not a percuta-

24    neous, mucous membrane, or open wound exposure, and as a result

25    of the determination the department is not required to test the

26    prisoner for HIV infection,  or  HBV infection, OR HCV INFECTION,

27    or  both  FOR ALL 3 INFECTIONS.  The department shall state in



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 1    writing on the request form the reason  it  THE DEPARTMENT

 2    determined there was not reasonable cause to believe the

 3    requester's description of his or her exposure or for the

 4    department's determination that the exposure was not a percutane-

 5    ous, mucous membrane, or open wound exposure, as applicable.  The

 6    department shall transmit a copy of the completed request form to

 7    the requesting individual within 2 days after the date the

 8    department makes 1 OF the  determination  DETERMINATIONS

 9    described in this subsection.

10         (7) The department shall notify the requesting employee of

11    the RESULTS OF THE HIV,  or  HBV, OR HCV test,  results,  or

12     both  OF ALL 3 TESTS, whether positive or negative, within 2

13    days after the test results are obtained by the department.  The

14    notification shall be transmitted directly to the requesting

15    employee or, upon request of the requesting employee, to his or

16    her primary care physician or other health professional desig-

17    nated by the employee.  The notice required under this subsection

18    shall include an explanation of the confidentiality requirements

19    of subsection (8).

20         (8) The notice required under subsection (7) shall not con-

21    tain information that would identify the prisoner who tested pos-

22    itive or negative for HIV INFECTION,  or  HBV INFECTION, OR HCV

23    INFECTION, OR FOR ALL 3 INFECTIONS.  The information contained in

24    the notice is confidential and is subject to this section, the

25    rules promulgated under section 5111(2) of  Act No. 368 of the

26     Public Acts of 1978, being section 333.5111 of the Michigan

27     Compiled Laws, and section 5131 of Act No. 368 of the Public Acts



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 1    of 1978, being section 333.5131 of the Michigan Compiled Laws 

 2    THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.5111, AND TO

 3    SECTION 5131 OF THE PUBLIC HEALTH CODE, 1978 PA 368,

 4    MCL 333.5131.  A person who receives confidential information

 5    under this section shall disclose the information to others only

 6    to the extent consistent with the authorized purpose for which

 7    the information was obtained.

 8         (9) The department shall develop and distribute the forms

 9    required under this section.

10         (10) In addition to the penalties prescribed in the rules

11    promulgated under section 5111(2) of  Act No. 368 of the Public

12     Acts of 1978  THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.5111,

13    and in section 5131 of  Act No. 368 of the Public Acts of 1978 

14    THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.5131, a person who

15    discloses information in violation of subsection (8) is guilty of

16    a misdemeanor.

17         (11) The department shall report to the department of commu-

18    nity health each test result obtained under this section that

19    indicates that an individual is HIV infected, in compliance with

20    section 5114 of  Act No. 368 of the Public Acts of 1978, being

21     section 333.5114 of the Michigan Compiled Laws  THE PUBLIC HEALTH

22    CODE, 1978 PA 368, MCL 333.5114.

23         (12) As used in this section:

24         (a) "Employee" means an individual who is employed by or

25    under contract to the department of corrections.

26         (b) "HBV" means hepatitis B virus.





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 1         (c)  "HBV infected" or  "HBV infection" means the status of

 2    an individual who is tested as HBsAg-positive.

 3         (D) "HCV" MEANS HEPATITIS C VIRUS.

 4         (E) "HCV INFECTION" MEANS INFECTION WITH HCV.

 5         (F)  (d)  "HIV" means human immunodeficiency virus.

 6         (G)  (e)  "HIV  infected  INFECTION" means that term as

 7    defined in section 5101 of  Act No. 368 of the Public Acts of

 8     1978, being section 333.5101 of the Michigan Compiled Laws  THE

 9    PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.5101.






































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