SB-1137, As Passed Senate, December 3, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1137

 

 

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.