SB-1137, As Passed Senate, December 3, 2014
November 6, 2014, Introduced by Senator KAHN and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 67 and 67b (MCL 791.267 and 791.267b), section
67 as amended by 2012 PA 24 and section 67b as amended by 2010 PA
120.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 67. (1) Quarters for temporary confinement apart from
those
of regular inmates shall must
be provided for convicted
prisoners upon commitment at each of the state correctional
facilities, which the director shall designate as a reception
center. Within 60 days after the arrival of a convicted prisoner at
a state correctional facility, the classification committee shall
make and complete a comprehensive study of the prisoner, including
physical and psychiatric examinations, to ensure that the prisoner
is confined in the state correctional facility suited to the type
of rehabilitation required in his or her case. The warden of the
state correctional facility shall deliver a report of the study of
the classification committee to the deputy director of the
correctional facilities administration, who shall, within 5 days
after receipt of the report, execute an order to confine the
prisoner in the state correctional facility determined as suitable
by the deputy director.
(2) Immediately upon arrival at a reception center designated
under
subsection (1), each incoming prisoner shall must undergo
a
test for HIV or an antibody to HIV and for HCV. This subsection
does not apply if an incoming prisoner has been tested for HIV or
an antibody to HIV or for HCV under section 5129 of the public
health code, 1978 PA 368, MCL 333.5129, within the 3 months
immediately preceding the date of the prisoner's arrival at the
reception center, as indicated by the record transferred to the
department by the court under that section.
(3) If a prisoner receives a positive test result and is
subsequently subject to discipline by the department for sexual
misconduct that could transmit HIV or HCV, illegal intravenous use
of controlled substances, or assaultive or predatory behavior that
could transmit HIV or HCV, the department shall house that prisoner
in administrative segregation, an inpatient health care unit, or a
unit separate from the general prisoner population, as determined
by the department.
(4) The department shall report each positive test result to
the department of community health, in compliance with section 5114
of the public health code, 1978 PA 368, MCL 333.5114, or as
otherwise required for the reporting of serious communicable
diseases or infections established in rules promulgated under
section 5111 of the public health code, 1978 PA 368, MCL 333.5111.
(5) If an employee of the department sustains a percutaneous,
mucous membrane, or open wound exposure to the blood or body fluid
of a prisoner, the employee may, and the department shall, proceed
under section 67b.
(6) Upon the request of an employee of the department, the
department shall provide or arrange for a test for HIV or an
antibody to HIV or for HCV for that employee, free of charge.
(7) Upon the request of an employee of the department, the
department shall provide to that employee the equipment necessary
to implement universal precautions to prevent transmission of HIV
infection or HCV infection.
(8) A prisoner who receives a positive HIV or HCV test result
shall not work in a health facility operated by the department.
(9) The department shall conduct a seroprevalence study of the
prisoners in all state correctional facilities to determine the
percentage of prisoners who are HIV infected or HCV infected.
(10) The results of a test for HIV or an antibody to HIV or
for
HCV conducted under this section shall
must be disclosed by the
department under section 67b.
(11) The deputy director of the correctional facilities
administration shall take steps to ensure that all prisoners who
receive HIV or HCV testing receive counseling regarding AIDS or HCV
including, at a minimum, treatment, transmission, and protective
measures.
(12) The department, in conjunction with the department of
community health, shall develop and implement a comprehensive AIDS
and HCV education program designed specifically for correctional
environments.
The program shall must be conducted by the bureau
within the department responsible for health care, for staff and
for prisoners at each state correctional facility.
(13) As used in this section:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "HCV" means hepatitis C virus.
(c) "HCV infected" or "HCV infection" means that term as
defined in section 67b.
(d) (b)
"HIV" means human
immunodeficiency virus.
(e) "HIV infected" or "HIV infection" means that term as
defined in section 67b.
(f) (c)
"Positive test result"
means a double positive enzyme-
linked immunosorbent assay test, combined with a positive western
blot assay test, or a positive test under an HIV or HCV test that
is considered reliable by the federal centers for disease control
and prevention and is approved by the department of community
health.
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,
HCV infection, as appropriate, 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 must 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 must
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, 1978 PA
368,
MCL 333.5131. The request form shall must 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 R
325.70016 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, HCV
infection 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) regardless of 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 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. HCV
infection. 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, or HCV test results, or both, whether positive or
negative, within 2 days after the test results are obtained by the
department.
The department shall transmit 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 must
include an explanation of
the confidentiality requirements of subsection (8).
(8)
The notice required under subsection (7) shall must not
contain information that would identify the prisoner who tested
positive
or negative for HIV, or HBV, or HCV. The information
contained in the notice is confidential and is subject to this
section, the rules promulgated under section 5111 of the public
health code, 1978 PA 368, MCL 333.5111, and section 5131 of the
public
health code, 1978 PA 368, MCL 333.5131. A person who that
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 of the public health code, 1978 PA
368, MCL 333.5111 and in section 5131 of 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 the public health code, 1978 PA 368, MCL 333.5114.
The department shall report to the department of community health
each test result obtained under this section that indicates that an
individual is HCV infected as required for the reporting of serious
communicable diseases or infections established in rules
promulgated under section 5111 of the public health code, 1978 PA
368, MCL 333.5111.
(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.that
term as defined in
section 5204 of the public health code, 1978 PA 368, MCL 333.5204.
(d) "HCV" means hepatitis C virus.
(e) "HCV infected" or "HCV infection" means that term as
defined in section 5204 of the public health code, 1978 PA 368, MCL
333.5204.
(f) (d)
"HIV" means human
immunodeficiency virus.
(g) (e)
"HIV infected" or "HIV infection" means that term as
defined in section 5101 of the public health code, 1978 PA 368, MCL
333.5101.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1130 of the 97th Legislature is enacted into
law.