HOUSE BILL No. 5072 September 23, 1997, Introduced by Rep. Scranton and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5101, 5111, 5123, 5129, and 20191 (MCL 333.5101, 333.5111, 333.5123, 333.5129, and 333.20191), sections 5101, 5111, and 5123 as amended by 1994 PA 200, section 5129 as amended by 1995 PA 253, and section 20191 as amended by 1994 PA 419. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5101. (1) As used in this article: 2 (a) "Care" includes treatment, control, transportation, con- 3 finement, and isolation in a facility or other location. 4 (b) "Communicable disease" means an illness due to a spe- 5 cific infectious agent or its toxic products that results from 6 transmission of that infectious agent or its products from a 7 reservoir to a susceptible host, directly as from an infected 03476'97 CPD 2 1 individual or animal, or indirectly through the agency of an 2 intermediate plant or animal host, vector, or the inanimate 3 environment. 4 (C) "HCV" MEANS HEPATITIS C VIRUS. 5 (D) "HCV INFECTION" OR "HCV INFECTED" MEANS THE STATUS OF AN 6 INDIVIDUAL WHO HAS TESTED POSITIVE FOR HCV. 7 (E)(c)"HIV" means human immunodeficiency virus. 8 (F)(d)"HIV infection" or "HIV infected" means the status 9 of an individual who has tested positive for HIV, as evidenced by 10 either a double positive enzyme-linked immunosorbent assay test, 11 combined with a positive western blot assay test, or a positive 12 result under an HIV test that is considered reliable by the fed- 13 eral centers for disease control and is approved by the 14 department. 15 (G)(e)"Immunization" means the process of increasing an 16 individual's immunity to a disease by use of a vaccine, antibody 17 preparation, or other substance. 18 (H)(f)"Infection" means the invasion of the body with 19 microorganisms or parasites, whether or not the invasion results 20 in detectable pathologic effects. 21 (I)(g)"Serious communicable disease or infection" means 22 a communicable disease or infection that is designated as serious 23 by the department pursuant to this part. Serious communicable 24 disease or infection includes, but is not limited to, HIV infec- 25 tion, acquired immunodeficiency syndrome, venereal disease, and 26 tuberculosis. 03476'97 3 1 (J)(h)"Venereal disease" means syphilis, gonorrhea, 2 chancroid, lymphogranuloma venereum, granuloma inguinale, and 3 other sexually transmitted diseases which the department by rule 4 may designate and require to be reported. 5 (2) In addition, article 1 contains general definitions and 6 principles of construction applicable to all articles in this 7 code. 8 Sec. 5111. (1) In carrying out its authority under this 9 article, the department may promulgate rules to DO ALL OF THE 10 FOLLOWING: 11 (a) Designate and classify DISEASES, INFECTIONS, AND DIS- 12 ABILITIES AS "communicable", "serious communicable", "chronic", 13 AND "other noncommunicable".diseases, infections, and14disabilities.15 (b) Establish requirements for reporting and other surveil- 16 lance methods for measuring the occurrence of diseases, infec- 17 tions, and disabilities and the potential for epidemics. Rules 18 promulgated under this subdivision may require a licensed health 19 professional or A LICENSED health facility to submit to the 20 department or TO a local health department, on a form provided by 21 the department, a report of the occurrence of a communicable dis- 22 ease, serious communicable disease or infection, or disability. 23 The rules promulgated under this subdivision may require a report 24 to be submitted to the department not more than 24 hours after a 25 licensed health professional or A LICENSED health facility deter- 26 mines that an individual has a serious communicable disease or 27 infection. 03476'97 4 1 (c) Investigate cases, epidemics, and unusual occurrences of 2 diseases, infections, and situations with a potential for causing 3 diseases. 4 (d) Establish procedures for THE control of diseases and 5 infections, including, but not limited to, immunization and envi- 6 ronmental controls. 7 (e) Establish procedures for the prevention, detection, and 8 treatment of disabilities and FOR THE rehabilitation of individu- 9 als suffering from disabilities or disease, including nutritional 10 problems. 11 (f) Establish procedures for control of rabies and the dis- 12 position of nonhuman agents carrying disease, including rabid 13 animals. 14 (g) Establish procedures for the reporting of known or sus- 15 pected cases of lead poisoning or undue lead body burden. 16 (h) Designate communicable diseases or serious communicable 17 diseases or infections for which local health departments are 18 required to furnish care including, but not limited to, tubercu- 19 losis and venereal disease. 20 (i) Implement this part and parts 52 and 53 including, but 21 not limited to, rules for the discovery, care, and reporting of 22 an individual having or suspected of having a communicable dis- 23 ease or a serious communicable disease or infection, and to 24 establish approved tests under section51255123 and approved 25 prophylaxes under section51275125. 26 (2) The department shall promulgate rules to provide for the 27 confidentiality of reports, records, and data pertaining to 03476'97 5 1 testing, care, treatment, reporting, and research associated with 2 communicable diseases and serious communicable diseases or 3 infections. The rules shall specify the communicable diseases 4 and serious communicable diseases or infections covered under the 5 rules and shall include, but are not limited to, hepatitis B, 6 HEPATITIS C, venereal disease, and tuberculosis. The rules shall 7 not apply to the serious communicable diseases or infections of 8 HIV infection,or acquired immunodeficiency syndrome. The 9 department shall submit the rules for public hearing under the 10 administrative procedures act of 1969 by November 20, 1989. 11 Sec. 5123. (1)AAT THE TIME A PREGNANT WOMAN IS INI- 12 TIALLY EXAMINED, A physician or an individual otherwise autho- 13 rized by law to provide medical treatment toaTHE pregnant 14 woman shall take or cause to be taken, at the time of the15woman's initial examination,test specimens of the woman and 16 shall submit the specimens to a clinical laboratory approved by 17 the department for the purpose of performing tests approved by 18 the department for venereal disease, HIV or an antibody to HIV, 19and forhepatitis B, AND HEPATITIS C. If, whena woman 20 presents at a healthcarefacility to deliver an infant or for 21 care in the immediate postpartum periodhavingIN THE CASE OF A 22 WOMAN WHO HAS recently delivered an infant outside a health 23carefacility, AND IF no record of results from the tests 24 required by this subsection is readily available to the physician 25 or individual otherwise authorized BY LAW to provide MEDICAL care 26 OR TREATMENT in such a setting, then the physician or OTHER 27 individualotherwise authorized to provide careshall take or 03476'97 6 1 cause to be taken specimens of the woman and shall submit the 2 specimens to a clinical laboratory approved by the department for 3 the purpose of performing department approved tests for venereal 4 disease,forHIV or an antibody to HIV,and forhepatitis B, 5 AND HEPATITIS C. This subsection does not apply if, in the pro- 6 fessional opinion of the physician or otherpersonINDIVIDUAL, 7 the tests are medically inadvisable or the woman does not consent 8 to be tested. 9 (2) The physician or other individual described in subsec- 10 tion (1) shall make and retain a record showing the date the 11 tests required under subsection (1) were ordered and the results 12 of the tests. If the tests were not ordered,by the physician13or other person,therecordPHYSICIAN OR OTHER INDIVIDUAL 14 DESCRIBED IN SUBSECTION (1) shallcontainENTER IN THE RECORD 15 an explanation of why the tests were not ordered. 16 (3) Thetestresults OF THE TESTS REQUIRED UNDER SUBSEC- 17 TION (1) and the records required under subsection (2) are not 18 public records, but shall be MADE available to a local health 19 department and to a physician who provides medical treatment to 20 the woman or her offspring. 21 Sec. 5129. (1) An individual arrested and charged with vio- 22 lating section 448, 449, 449a, 450, 452, or 455 of the Michigan 23 penal code,Act No. 328 of the Public Acts of 1931, being sec-24tions 750.448, 750.449, 750.449a, 750.450, 750.452, and 750.45525of the Michigan Compiled Laws1931 PA 328, MCL 750.448, 750.449, 26 750.449A, 750.450, 750.452, AND 750.455, or a local ordinance 27 prohibiting prostitution or engaging or offering to engage the 03476'97 7 1 services of a prostitute may, upon order of the court, be 2 examined or tested to determine whether the individual has vene- 3 real disease, hepatitis B infection, HEPATITIS C INFECTION, HIV 4 infection, or acquired immunodeficiency syndrome. Examination or 5 test results that indicate the presence of venereal disease, 6 hepatitis B infection, HEPATITIS C INFECTION, HIV infection, or 7 acquired immunodeficiency syndrome shall be reported to the 8 defendant and, pursuant to sections 5114 and 5114a, to the 9 department and the appropriate local health department for part- 10 ner notification. 11 (2) Except as otherwise provided in this section, if an 12 individual is arrested and charged with violating section 145a, 13 338, 338a, 338b, 448, 449, 449a, 450, 452, 455, 520b, 520c, 520d, 14 520e, or 520g of the Michigan penal code,Act No. 328 of the15Public Acts of 1931, being sections 750.145a, 750.338, 750.338a,16750.338b, 750.448, 750.449, 750.449a, 750.450, 750.452, 750.455,17750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of the18Michigan Compiled Laws1931 PA 328, MCL 750.145A, 750.338, 19 750.338A, 750.338B, 750.448, 750.449, 750.449A, 750.450, 750.452, 20 750.455, 750.520B, 750.520C, 750.520D, 750.520E, AND 750.520G, or 21 section 7404 by intravenously using a controlled substance, or a 22 local ordinance prohibiting prostitution, solicitation, gross 23 indecency, or the intravenous use of a controlled substance, the 24 judge or magistrate responsible for setting the individual's con- 25 ditions of release pending trial shall distribute to the individ- 26 ual the information on venereal disease and HIV transmission 27 required to be distributed by county clerks under section 5119(1) 03476'97 8 1 and shall recommend that the individual obtain additional 2 information and counseling at a local health department testing 3 and counseling center regarding venereal disease, hepatitis B 4 infection, HEPATITIS C INFECTION, HIV infection, and acquired 5 immunodeficiency syndrome. Counseling under this subsection 6shall beIS voluntary on the part of the individual. 7 (3) If a defendant is bound over to circuit court or 8 recorder's court for a violation of section 145a, 338, 338a, 9 338b, 450, 452, 455, 520b, 520c, 520d, 520e, or 520g ofAct10No. 328 of the Public Acts of 1931THE MICHIGAN PENAL CODE, 1931 11 PA 328, MCL 750.145A, 750.338, 750.338A, 750.338B, 750.450, 12 750.452, 750.455, 750.520B, 750.520C, 750.520D, 750.520E, AND 13 750.520G, and the district court determines there is reason to 14 believe the violation involved sexual penetration or exposure to 15 a body fluid of the defendant, the district court shall order the 16 defendant to be examined or tested for venereal disease,and17 hepatitis B infection, AND HEPATITIS C INFECTION and for the 18 presence of HIV or an antibody to HIV. Except as provided in 19 subsection (5), (6), or (7), or as otherwise provided by law, the 20 examinations and tests shall be confidentially administered by a 21 licensed physician, the department ofpublicCOMMUNITY health, 22 or a local health department. The court also shall order the 23 defendant to receive counseling regarding venereal disease, 24 hepatitis B infection, HEPATITIS C INFECTION, HIV infection, and 25 acquired immunodeficiency syndrome including, at a minimum, 26 information regarding treatment, transmission, and protective 27 measures. 03476'97 9 1 (4) Except as otherwise provided in this section, upon 2 conviction of a defendant or the issuance by theprobateFAMILY 3 DIVISION OF THE CIRCUIT court of an order adjudicating a child to 4 be within the provisions of section 2(a)(1) of chapter XIIA of 5Act No. 288 of the Public Acts of 1939, being section 712A.2 of6the Michigan Compiled Laws1939 PA 288, MCL 712A.2, for violat- 7 ing section 145a, 338, 338a, 338b, 448, 449, 449a, 450, 452, 455, 8 520b, 520c, 520d, 520e, or 520g ofAct No. 328 of the Public9Acts of 1931, being sections 750.145a, 750.338, 750.338a,10750.338b, 750.448, 750.449, 750.449a, 750.450, 750.452, 750.455,11750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of the12Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 13 750.145A, 750.338, 750.338A, 750.338B, 750.448, 750.449, 14 750.449A, 750.450, 750.452, 750.455, 750,520B, 750.520C, 15 750.520D, 750.520E, AND 750.520G, or section 7404 by intrave- 16 nously using a controlled substance, or a local ordinance prohib- 17 iting prostitution, solicitation, gross indecency, or the intra- 18 venous use of a controlled substance, the court having jurisdic- 19 tion of the criminal prosecution or juvenile hearing shall order 20 the defendant or child to be examined or tested for venereal dis- 21 ease,andhepatitis B infection, AND HEPATITIS C INFECTION and 22 for the presence of HIV or an antibody to HIV. Except as pro- 23 vided in subsection (5), (6), or (7), or as otherwise provided by 24 law, the examinations and tests shall be confidentially adminis- 25 tered by a licensed physician, the department ofpublic26 COMMUNITY health, or a local health department. The court also 27 shall order the defendant or child to receive counseling 03476'97 10 1 regarding venereal disease, hepatitis B infection, HEPATITIS C 2 INFECTION, HIV infection, and acquired immunodeficiency syndrome 3 including, at a minimum, information regarding treatment, trans- 4 mission, and protective measures. 5 (5) If the victim or person with whom the defendant or child 6 found to be within the provisions of section 2(a)(1) of chapter 7 XIIA ofAct No. 288 of the Public Acts of 19391939 PA 288, MCL 8 712A.2, engaged in sexual penetration or sexual contact or who 9 was exposed to a body fluid during the course of the crime con- 10 sents, the court orprobateFAMILY DIVISION OF THE CIRCUIT 11 court shall provide the person or agency conducting the examina- 12 tions or administering the tests under subsection (3) or (4) with 13 the name, address, and telephone number of the victim or person 14 with whom the defendant or child engaged in sexual penetration or 15 sexual contact or who was exposed to a body fluid of the 16 defendant during the course of the crime. If the victim or 17 person with whom the defendant or child engaged in sexual pene- 18 tration during the course of the crime is a minor or otherwise 19 incapacitated, the victim's or person's parent, guardian, or 20 person in loco parentis may give consent for purposes of this 21 subsection. After the defendant or child is examined or tested 22 as to the presence of venereal disease,ofhepatitis B infec- 23 tion, HEPATITIS C INFECTION, or of HIV or an antibody to HIV, the 24 person or agency conducting the examinations or administering the 25 tests shall immediately provide the examination or test results 26 to the victim or person with whom the defendant or child found to 27 be within the provisions of section 2(a)(1) of chapter XIIA of 03476'97 11 1Act No. 288 of the Public Acts of 19391939 PA 288, MCL 712A.2, 2 engaged in sexual penetration or sexual contact or who was 3 exposed to a body fluid during the course of the crime, and shall 4 refer the victim or other person for appropriate counseling. 5 (6) The examination or test results and any other medical 6 information obtained from the defendant or child found to be 7 within the provisions of section 2(a)(1) of chapter XIIA ofAct8No. 288 of the Public Acts of 19391939 PA 288, MCL 712A.2, by 9 the person or agency conducting the examinations or administering 10 the tests under subsection (3) or (4) shall be transmitted to the 11 court orprobateFAMILY DIVISION OF THE CIRCUIT court and, 12 after the defendant or child is sentenced or an order of disposi- 13 tion is entered, made part of the court record, but are confiden- 14 tial and shall be disclosed only to 1 or more of the following: 15 (a) The defendant or child. 16 (b) The local health department. 17 (c) The department. 18 (d) The victim or other person required to be informed of 19 the results under this subsection or subsection (5) or, if the 20 victim or other person is a minor or otherwise incapacitated, to 21 the victim's or other person's parent, guardian, or person in 22 loco parentis. 23 (e) Upon written authorization of the defendant or child 24 found to be within the provisions of section 2(a)(1) of chapter 25 XIIA ofAct No. 288 of the Public Acts of 19391939 PA 288, MCL 26 712A.2, or the child's parent, guardian, or person in loco 27 parentis. 03476'97 12 1 (f) As otherwise provided by law. 2 (7) If the defendant is placed in the custody of the depart- 3 ment of corrections, the court shall transmit a copy of the 4 defendant's examination and test results and other medical infor- 5 mation to the department of corrections. If the child found to 6 be within the provisions of section 2(a)(1) of chapter XIIA of 7Act No. 288 of the Public Acts of 19391939 PA 288, MCL 712A.2, 8 is placed by theprobateFAMILY DIVISION OF THE CIRCUIT court 9 in the custody of a person related to the child or a public or 10 private agency, institution, or facility, theprobateFAMILY 11 DIVISION OF THE CIRCUIT court shall transmit a copy of the 12 child's examination or test results to the person related to the 13 child or the director of the agency, institution, or facility. A 14 person or agency that discloses information in compliance with 15 this subsection or subsection (6) is not civilly or criminally 16 liable for making the disclosure. A person or agency that 17 receives test results or other medical information pertaining to 18 HIV infection or acquired immunodeficiency syndrome under this 19 subsection or subsection (6) is subject to section 5131 and shall 20 not disclose the test results or other medical information except 21 as specifically permitted under that section. 22 (8) If an individual receives counseling or is examined or 23 tested under this section and is found to be infected with a 24 venereal disease,orhepatitis B, OR HEPATITIS C or to be HIV 25 infected, the individual shall be referred by the agency provid- 26 ing the counseling or testing for appropriate medical care. The 27 department, the local health department, or any other agency 03476'97 13 1 providing counseling or testing under this section is not 2 financially responsible for medical care received by an individ- 3 ual as a result of a referral made under this subsection. 4 (9) The requirements for the distribution of information 5 concerning venereal disease, counseling concerning venereal dis- 6 ease, and examining or testing for venereal disease under 7 subsections (2), (3), and (4) do not apply to an individual 8 charged with or convicted of violating section 7404 by intrave- 9 nously using a controlled substance or violating a local ordi- 10 nance prohibiting the intravenous use of a controlled substance. 11 (10) As used in this section: 12 (a) "Sexual contact" includes the intentional touching of 13 the victim's or actor's intimate parts or the intentional touch- 14 ing of the clothing covering the immediate area of the victim's 15 or actor's intimate parts, if that intentional touching can rea- 16 sonably be construed as being for the purpose of sexual arousal 17 or gratification. 18 (b) "Sexual penetration" means sexual intercourse, cunnilin- 19 gus, fellatio, anal intercourse, or any other intrusion, however 20 slight, of any part of a person's body or of any object into the 21 genital or anal openings of another person's body, but emission 22 of semen is not required. 23 (c) "Victim" includes, but is not limited to, a person sub- 24 jected to criminal sexual conduct in violation of section 520b, 25 520c, 520d, 520e, or 520g of the Michigan penal code,Act26No. 328 of the Public Acts of 1931, being sections 750.520b,27750.520c, 750.520d, 750.520e, and 750.520g of the Michigan03476'97 14 1Compiled Laws1931 PA 328, MCL 750.520B, 750.520C, 750.520D, 2 750.520E, AND 750.520G. 3 Sec. 20191. (1) If a police officer, fire fighter, individ- 4 ual licensed under section 20950 or 20952, or another individual 5 assists an emergency patient who is subsequently transported to a 6 health facility or transports an emergency patient to a health 7 facility, and if the emergency patient, as part of the treatment 8 rendered by the health facility or pursuant to a request made 9 under subsection (2), is tested for the presence in the emergency 10 patient of an infectious agent and the test results are positive, 11 or is tested pursuant to a request made under subsection (2) for 12 the presence in the emergency patient of the infectious agent of 13 HIV,orHBV, OR HCV OR ALL 3 INFECTIOUS AGENTS and the test 14 results are positive or negative, the health facility shall do 15 all of the following: 16 (a) Subject to subsection (4) and subdivision (b), if the 17 test results are positive for an infectious agent and the indi- 18 vidual meets 1 of the following requirements, notify the individ- 19 ual on a form provided by the department that he or she may have 20 been exposed to an infectious agent and, if the test results of a 21 test conducted pursuant to subsection (2) are negative for the 22 infectious agent of HIV,orHBV, OR HCV OR FOR ALL 3 INFECTIOUS 23 AGENTS, notify the individual of that fact: 24 (i) The individual is a police officer, fire fighter, or 25 individual licensed under section 20950 or 20952. 26 (ii) The individual demonstrates in writing to the health 27 facility that he or she was exposed to the blood, body fluids, or 03476'97 15 1 airborne agents of the emergency patient or participated in 2 providing assistance to the emergency patient or transportation 3 of the emergency patient to the health facility. An individual 4 who makes a request under subsection (2) is exempt from the 5 requirements of this subparagraph. 6 (b) Subject to subsection (4), if the test results indicate 7 that the emergency patient is HIV infected, the health facility 8 shall not reveal that the infectious agent is HIV unless the 9 health facility has received a written request for notification 10 from an individual described in subdivision (a)(i) or (ii). This 11 subdivision does not apply if the test results indicate that the 12 emergency patient is not HIV infected. 13 (c) Subject to subsection (4), on a form provided by the 14 department, notify the individual described in subdivision (a), 15 at a minimum, of the appropriate infection control precautions to 16 be taken and the approximate date of the potential exposure. If 17 the emergency patient is tested pursuant to a request made under 18 subsection (2) for the presence in the emergency patient of the 19 infectious agent of HIV,orHBV, OR HCV orbothALL 3 INFEC- 20 TIOUS AGENTS, and if the test results are positive or negative, 21 the health facility also shall notify the individual described in 22 subdivision (a) on the form provided by the department that he or 23 she should be tested for HIV infection,orHBV infection, OR 24 HCV INFECTION orbothFOR ALL 3 INFECTIONS, and counseled 25 regardingbothALL 3 infectious agents. 26 (2) A police officer, fire fighter, individual licensed 27 under section 20950 or 20952, or other individual who assists an 03476'97 16 1 emergency patient who is subsequently transported to a health 2 facility or who transports an emergency patient to a health 3 facility and who sustains a percutaneous, mucous membrane, or 4 open wound exposure to the blood or body fluids of the emergency 5 patient may request that the emergency patient be tested for HIV 6 infection,orHBV infection, OR HCV INFECTION orbothFOR ALL 7 3 INFECTIONS, pursuant to this subsection. The police officer, 8 fire fighter, individual licensed under section 20950 or 20952, 9 or other individual shall make a request to a health facility 10 under this subsection in writing on a form provided by the 11 department and before the emergency patient is discharged from 12 the health facility. The request form shall be dated and shall 13 contain at a minimum the name and address of the individual 14 making the request and a description of the individual's exposure 15 to the emergency patient's blood or other body fluids. The 16 request form shall contain a space for the information required 17 under subsection (3) and a statement that the requester is 18 subject to the confidentiality requirements of subsection (5) and 19 section 5131. The request form shall not contain information 20 that would identify the emergency patient by name. A health 21 facility that receives a request under this subsection shall 22 accept as fact the requester's description of his or her exposure 23 to the emergency patient's blood or other body fluids, unless the 24 health facility has reasonable cause to believe otherwise. The 25 health facility shall make a determination as to whether or not 26 the exposure described in the request was a percutaneous, mucous 27 membrane, or open wound exposure pursuant to R 325.70001 to 03476'97 17 1 R 325.70018 of the Michigan administrative code. If the health 2 facility determines that the exposure described in the request 3 was a percutaneous, mucous membrane, or open wound exposure, the 4 health facility shall test the emergency patient for HIV 5 infection,orHBV infection, OR HCV INFECTION orbothFOR ALL 6 3 INFECTIONS, as indicated in the request. A health facility 7 that performsa test1 OR MORE TESTS under this subsection may 8 charge the individual requesting the test OR TESTS for the rea- 9 sonable and customary charges oftheEACH test. The individual 10 requesting the test OR TESTS is responsible for the payment of 11 the charges if the charges are not payable by the individual's 12 employer, pursuant to an agreement between the individual and the 13 employer, or by the individual's health care payment or benefits 14 plan. A health facility is not required to provide HIV counsel- 15 ing pursuant to section 5133(1) to an individual who requests 16 that an emergency patient be tested for HIV under this subsec- 17 tion, unless the health facility tests the requesting individual 18 for HIV. 19 (3) A health facility shall comply with this subsection if 20 the health facility receives a request under subsection (2) and 21 determines either that there is reasonable cause to disbelieve 22 the requester's description of his or her exposure or that the 23 exposure was not a percutaneous, mucous membrane, or open wound 24 exposure and as a result of the determination the health facility 25 is not required to test the emergency patient for HIV infection, 26orHBV infection, OR HCV INFECTION orbothFOR ALL 3 27 INFECTIONS. A health facility shall also comply with this 03476'97 18 1 subsection if the health facility receives a request under 2 subsection (2) and determines that the exposure was a percutane- 3 ous, mucous membrane, or open wound exposure, but is unable to 4 test the emergency patient for HIV infection,orHBV infection, 5 OR HCV INFECTION orbothFOR ALL 3 INFECTIONS. The health 6 facility shall state in writing on the request form the reasons 7 for disbelieving the requester's description of his or her expo- 8 sure, the health facility's exposure determination, or the 9 inability to test the emergency patient, as applicable. The 10 health facility shall transmit a copy of the completed request 11 form to the requesting individual within 2 days after the date 12 the determination is made that the health facility has reasonable 13 cause to disbelieve the requester's description of his or her 14 exposure or that the exposure was not a percutaneous, mucous mem- 15 brane, or open wound exposure or within 2 days after the date the 16 health facility determines that it is unable to test the emer- 17 gency patient for HIV infection,orHBV infection, OR HCV 18 INFECTION orbothFOR ALL 3 INFECTIONS. 19 (4) The notification required under subsection (1) shall 20 occur within 2 days after the test results are obtained by the 21 health facility or after receipt of a written request under 22 subsection (1)(b). The notification shall be transmitted to the 23 potentially exposed individual or, upon request of the individu- 24 al, to the individual's primary care physician or other health 25 professional designated by the individual, as follows: 26 (a) If the potentially exposed individual provides his or 27 her name and address or the name and address of the individual's 03476'97 19 1 primary care physician or other health professional designated by 2 the individual to the health facility or if the health facility 3 has a procedure that allows the health facility in the ordinary 4 course of its business to determine the individual's name and 5 address or the name and address of the individual's primary care 6 physician or other health professional designated by the individ- 7 ual, the health facility shall notify the individual or the 8 individual's primary care physician or other health professional 9 designated by the individual directly at that address. 10 (b) If the potentially exposed individual is a police offi- 11 cer, fire fighter, or individual licensed under section 20950 or 12 20952, and if the health facility does not have the name of the 13 potentially exposed individual or the individual's primary care 14 physician or other health professional designated by the individ- 15 ual, the health facility shall notify the appropriate police 16 department, fire department, or life support agency that employs 17 or dispatches the individual. If the health facility is unable 18 to determine the employer of an individual described in this sub- 19 division, the health facility shall notify the medical control 20 authority or chief elected official of the governmental unit that 21 has jurisdiction over the transporting vehicle. 22 (c) A medical control authority or chief elected official 23 described in subdivision (b) shall notify the potentially exposed 24 individual or the individual's primary care physician or other 25 health professional designated by the individual or, if unable to 26 notify the potentially exposed individual or the individual's 27 primary care physician or other health professional designated by 03476'97 20 1 the individual, shall document in writing the notification 2 efforts and reasons for being unable to make the notification. 3 (5) The notice required under subsection (1) shall not con- 4 tain information that would identify the emergency patient who 5 tested positive for an infectious agent or who tested positive or 6 negative for the presence in the emergency patient of the infec- 7 tious agent of HIV,orHBV, OR HCV OR FOR ALL 3 INFECTIOUS 8 AGENTS. The information contained in the notice is confidential 9 and is subject to this section, the rules promulgated under 10 section 5111(2), and section 5131. A person who receives confi- 11 dential information under this section shall disclose the infor- 12 mation to others only to the extent consistent with the autho- 13 rized purpose for which the information was obtained. 14 (6) The department shall promulgate rules to administer this 15 section. The department shall develop and distribute the forms 16 required under subsections (1)(a) and (c) and (2). 17 (7) Except as otherwise provided in this subsection, a 18 person who discloses information regarding an infectious agent in 19 violation of subsection (5) is guilty of a misdemeanor. This 20 subsection does not apply to the disclosure of information 21 regarding a serious communicable disease or infection, if the 22 disclosure is subject to rules promulgated under section 5111(2) 23 or to section 5131. 24 (8) A person or governmental entity that makes a good faith 25 effort to comply with subsection (1), (2), (3), or (4) is immune 26 from any civil liability or criminal penalty based on compliance 27 or the failure to comply. 03476'97 21 1 (9) As used in this section: 2 (a) "Emergency patient" means an individual who is trans- 3 ported to an organized emergency department located in and oper- 4 ated by a hospital licensed under this article or a facility 5 other than a hospital that is routinely available for the general 6 care of medical patients. 7 (b) "HBV" means hepatitis B virus. 8 (c) "HBV infected" or "HBV infection" means the status of an 9 individual who is tested as HBsAg-positive. 10 (D) "HCV" MEANS HEPATITIS C VIRUS. 11 (E) "HCV INFECTED" OR "HCV INFECTION" MEANS THE STATUS OF AN 12 INDIVIDUAL WHO HAS TESTED POSITIVE FOR HCV. 13 (F)(d)"Health facility" means a health facility or 14 agency as defined in section 20106. 15 (G)(e)"HIV" means human immunodeficiency virus. 16 (H)(f)"HIV infected" means that term as defined in 17 section 5101. 18 (I)(g)"Infectious agent" means that term as defined in 19 R 325.9031 of the Michigan administrative code. 20 (J)(h)"Life support agency" means that term as defined 21 in section 20906. 22 (K)(i)"Serious communicable disease or infection" means 23 that term as defined in section 5101. 03476'97 Final page. CPD