HB-4899, As Passed House, May 13, 2009
May 7, 2009, Introduced by Reps. Segal, Liss, Haugh, Moore and Roy Schmidt and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5101, 5111, 5117, 5131, 5204, and 20191 (MCL
333.5101, 333.5111, 333.5117, 333.5131, 333.5204, and 333.20191),
sections 5101, 5111, and 5117 as amended by 1994 PA 200, section
5131 as amended and section 5204 as added by 1997 PA 57, and
section 20191 as amended by 1994 PA 419.
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
environment.
(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
microorganisms or parasites, 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, venereal disease, and
tuberculosis.
(h) "Venereal disease" means syphilis, gonorrhea, chancroid,
lymphogranuloma venereum, granuloma inguinale, and other sexually
transmitted
diseases which that the department by rule 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.
Sec. 5111. (1) In carrying out its authority under this
article,
the department may promulgate rules to shall maintain a
list of reportable diseases, infections, and disabilities that
designates and classifies communicable, serious communicable,
chronic, or noncommunicable diseases, infections, and disabilities.
The department shall review and revise the list under this
subsection at least annually.
(2) In carrying out its authority under this article, the
department may promulgate rules to do any of the following:
(a)
Designate and classify communicable, serious communicable,
chronic,
other noncommunicable diseases, infections, and
disabilities.
(a) (b)
Establish requirements for
reporting and other
surveillance methods for measuring the occurrence of diseases,
infections, and disabilities and the potential for epidemics. Rules
promulgated under this subdivision may require a licensed health
professional or health facility to submit to the department or a
local health department, on a form provided by the department, a
report of the occurrence of a communicable disease, serious
communicable disease or infection, or disability. The rules
promulgated under this subdivision may require a report to be
submitted to the department not more than 24 hours after a licensed
health professional or health facility determines that an
individual has a serious communicable disease or infection.
(b) (c)
Investigate cases, epidemics, and
unusual occurrences
of diseases, infections, and situations with a potential for
causing diseases.
(c) (d)
Establish procedures for control of
diseases and
infections, including, but not limited to, immunization and
environmental controls.
(d) (e)
Establish procedures for the
prevention, detection,
and treatment of disabilities and rehabilitation of individuals
suffering from disabilities or disease, including nutritional
problems.
(e) (f)
Establish procedures for control of
rabies and the
disposition of nonhuman agents carrying disease, including rabid
animals.
(f) (g)
Establish procedures for the
reporting of known or
suspected cases of lead poisoning or undue lead body burden.
(g) (h)
Designate communicable diseases or
serious
communicable diseases or infections for which local health
departments are required to furnish care including, but not limited
to, tuberculosis and venereal disease.
(h) (i)
Implement this part and parts 52
and 53 including, but
not limited to, rules for the discovery, care, and reporting of an
individual having or suspected of having a communicable disease or
a serious communicable disease or infection, and to establish
approved
tests under section 5125 5123
and approved prophylaxes
under
section 5127 5125.
(3) (2)
The department shall promulgate
rules to provide for
the confidentiality of reports, records, and data pertaining to
testing, care, treatment, reporting, and research associated with
communicable diseases and serious communicable diseases or
infections. The
rules shall specify the communicable diseases and
serious
communicable diseases or infections covered under the rules
and
shall include, but are not limited to, hepatitis B, venereal
disease,
and tuberculosis. The rules shall not apply to the serious
communicable
diseases or infections of HIV infection, or acquired
immunodeficiency
syndrome. The department shall submit the rules
for
public hearing under the administrative procedures act of 1969
by
November 20, 1989.
Sec. 5117. (1) A local health department that knows that an
individual who has a serious communicable disease or infection
including, but not limited to, tuberculosis or venereal disease,
but not including HIV infection and acquired immunodeficiency
syndrome, regardless of the individual's domicile, is in the local
health department's jurisdiction and requires care, immediately
shall furnish the necessary care in accordance with requirements
established
by the department pursuant to section 5111(h)
5111(2)(g). The local health department shall issue an order
authorizing the care.
(2) The local health department promptly shall report the
action taken under this section to the county department of social
services of the individual's probable place of domicile.
(3) This section does not restrict the authority of the local
health department in furnishing care to the individual, pending
determination by the local health department or, upon its request,
by the county department of social services of the probable place
of domicile of the individual.
(4) Financial liability for care rendered under this section
shall be determined in accordance with part 53.
Sec. 5131. (1) All reports, records, and data pertaining to
testing, care, treatment, reporting, and research, and information
pertaining to partner notification under section 5114a, that are
associated with the serious communicable diseases or infections of
HIV infection and acquired immunodeficiency syndrome are
confidential. A person shall release reports, records, data, and
information described in this subsection only pursuant to this
section.
(2) Except as otherwise provided by law, the test results of a
test for HIV infection or acquired immunodeficiency syndrome and
the fact that such a test was ordered is information that is
subject to section 2157 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2157.
(3) The disclosure of information pertaining to HIV infection
or acquired immunodeficiency syndrome in response to a court order
and subpoena is limited to only the following cases and is subject
to all of the following restrictions:
(a) A court that is petitioned for an order to disclose the
information shall determine both of the following:
(i) That other ways of obtaining the information are not
available or would not be effective.
(ii) That the public interest and need for the disclosure
outweigh the potential for injury to the patient.
(b) If a court issues an order for the disclosure of the
information, the order shall do all of the following:
(i) Limit disclosure to those parts of the patient's record
that are determined by the court to be essential to fulfill the
objective of the order.
(ii) Limit disclosure to those persons whose need for the
information is the basis for the order.
(iii) Include such other measures as considered necessary by the
court to limit disclosure for the protection of the patient.
(4) A person who releases information pertaining to HIV
infection or acquired immunodeficiency syndrome to a legislative
body shall not identify in the information a specific individual
who was tested or is being treated for HIV infection or acquired
immunodeficiency syndrome.
(5) Subject to subsection (7), subsection (1) does not apply
to the following:
(a) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is disclosed to the department, a
local health department, or other health care provider for 1 or
more of the following purposes:
(i) To protect the health of an individual.
(ii) To prevent further transmission of HIV.
(iii) To diagnose and care for a patient.
(b) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is disclosed by a physician or local
health officer to an individual who is known by the physician or
local health officer to be a contact of the individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the physician or local health officer determines that
the disclosure of the information is necessary to prevent a
reasonably foreseeable risk of further transmission of HIV. This
subdivision imposes an affirmative duty upon a physician or local
health officer to disclose information pertaining to an individual
who is HIV infected or has been diagnosed as having acquired
immunodeficiency syndrome to an individual who is known by the
physician or local health officer to be a contact of the individual
who is HIV infected or has been diagnosed as having acquired
immunodeficiency syndrome. A physician or local health officer may
discharge the affirmative duty imposed under this subdivision by
referring the individual who is HIV infected or has been diagnosed
as having acquired immunodeficiency syndrome to the appropriate
local health department for assistance with partner notification
under section 5114a. The physician or local health officer shall
include as part of the referral the name and, if available, address
and telephone number of each individual known by the physician or
local health officer to be a contact of the individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome.
(c) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is disclosed by an authorized
representative of the department or by a local health officer to an
employee of a school district, and if the department representative
or local health officer determines that the disclosure is necessary
to prevent a reasonably foreseeable risk of transmission of HIV to
pupils in the school district. An employee of a school district to
whom information is disclosed under this subdivision is subject to
subsection (1).
(d) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the disclosure is expressly authorized in writing by
the individual. This subdivision applies only if the written
authorization is specific to HIV infection or acquired
immunodeficiency syndrome. If the individual is a minor or
incapacitated, the written authorization may be executed by the
parent or legal guardian of the individual.
(e) Information disclosed under section 5114, 5114a, 5119(3),
5129, 5204, or 20191 or information disclosed as required by rule
promulgated
under section 5111(1)(b) or (i) 5111.
(f) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is part of a report required under the
child
protection law, 1975 PA 238, MCL 722.621 to 722.636 722.638.
(g) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is disclosed by the department of
social
human services, the department of mental health, the
probate
court, or a child placing agency in order to care for a minor and
to place the minor with a child care organization licensed under
1973 PA 116, MCL 722.111 to 722.128. The person disclosing the
information shall disclose it only to the director of the child
care organization or, if the child care organization is a private
home, to the individual who holds the license for the child care
organization. An individual to whom information is disclosed under
this subdivision is subject to subsection (1). As used in this
subdivision, "child care organization" and "child placing agency"
mean those terms as defined in section 1 of 1973 PA 116, MCL
722.111.
(6) A person who releases the results of an HIV test or other
information described in subsection (1) in compliance with
subsection (5) is immune from civil or criminal liability and
administrative penalties including, but not limited to, licensure
sanctions, for the release of that information.
(7) A person who discloses information under subsection (5)
shall not include in the disclosure information that identifies the
individual to whom the information pertains, unless the identifying
information is determined by the person making the disclosure to be
reasonably necessary to prevent a foreseeable risk of transmission
of HIV. This subsection does not apply to information disclosed
under subsection (5)(d), (f), or (g).
(8) A person who violates this section is guilty of a
misdemeanor, punishable by imprisonment for not more than 1 year or
a fine of not more than $5,000.00, or both, and is liable in a
civil action for actual damages or $1,000.00, whichever is greater,
and costs and reasonable attorney fees. This subsection also
applies to the employer of a person who violates this section,
unless the employer had in effect at the time of the violation
reasonable precautions designed to prevent the violation.
Sec. 5204. (1) A police officer, a fire fighter, a local
correctional officer or other county employee, a court employee, or
an individual making a lawful arrest may proceed under this section
if he or she has received training in the transmission of
bloodborne diseases under the rules governing exposure to
bloodborne diseases in the workplace promulgated by the
occupational health standards commission or incorporated by
reference under the Michigan occupational safety and health act,
1974 PA 154, MCL 408.1001 to 408.1094.
(2) A police officer, a fire fighter, a local correctional
officer or other county employee, a court employee, or an
individual making a lawful arrest who has received the training
described in subsection (1) and who, while performing his or her
official duties or otherwise performing the duties of his or her
employment, determines that he or she has sustained a percutaneous,
mucous membrane, or open wound exposure to the blood or body fluids
of an arrestee, correctional facility inmate, parolee, or
probationer may request that the arrestee, correctional facility
inmate, parolee, or probationer be tested for HIV infection, HBV
infection, HCV infection, or all 3 infections, pursuant to this
section.
(3) An officer or employee or an individual making a lawful
arrest who desires to make a request described in subsection (2)
shall make the request to his or her employer in writing on a form
provided by the department as soon as possible, but not later than
72 hours, after the exposure occurs. The request form shall be
dated and shall contain, at a minimum, the name and address of the
officer, employee, or individual making a lawful arrest making the
request and a description of his or her exposure to the blood or
other body fluids of the arrestee, correctional facility inmate,
parolee, or probationer. The request form shall also contain a
statement that the requester is subject to the confidentiality
requirements of subsection (7) and section 5131. The request form
shall not contain information that would identify the arrestee,
correctional facility inmate, parolee, or probationer by name,
except if necessary to identify the individual for purposes of
testing under this section.
(4) The employer of an individual making a request under
subsections (2) and (3) shall accept as fact the requester's
description of his or her exposure to blood or other body fluids as
described in subsection (2). The requester's employer shall have
the test for HIV infection, HBV infection, HCV infection, or all 3
infections performed by the local health department or by a health
care provider designated by the local health department. If the
test subject consents to the performance of the test or tests named
in the request, the requester's employer shall transport the test
subject to the local health department or designated health care
provider for testing, or a representative of the local health
department or designated health care provider shall come to where
the test subject is held or housed to take a blood or other body
fluid sample for testing, as soon as practicable after the local
health department receives the request for testing from the
requester's employer. If the test subject refuses to undergo 1 or
more tests specified in the request, the requester's employer may
proceed with a petition to the family division of the circuit court
in the manner provided in section 5205 or 5207, as appropriate.
(5) A local health department or a health care provider
designated by the local health department that performs 1 or more
tests under this section may charge the officer or employee or
arresting individual requesting the test for the reasonable and
customary charges of each test. The officer or employee or
arresting individual requesting the test is responsible for the
payment of the charges if the charges are not payable by the
officer's or employee's or arresting individual's employer,
pursuant to an agreement between the officer or employee or
arresting individual and the employer, or by the officer's or
employee's or arresting individual's health care payment or
benefits plan. A local health department or a health care provider
designated by the local health department to perform an HIV test
under this section is not required to provide HIV counseling
pursuant to section 5133(1) to an officer or employee or arresting
individual who requests that an arrestee, correctional facility
inmate, parolee, or probationer be tested for HIV under this
section, unless the local health department or designated health
care provider tests the officer or employee or arresting individual
for HIV.
(6) A local health department or a health care provider
designated by the local health department to perform a test under
this section shall, on a form provided by the department, notify
the requesting officer or employee or arresting individual of the
HIV test, HBV test, or HCV test results, as applicable, whether
positive or negative, within 2 days after the test results are
obtained by the local health department or designated health care
provider. The notification shall be transmitted directly to the
requesting officer or employee or arresting individual or, upon
request of the requesting officer or employee or arresting
individual, to his or her primary care physician or to another
health professional designated by the officer or employee or
arresting individual. The notification required under this
subsection shall include an explanation of the confidentiality
requirements of subsection (7). The notification required under
this subsection shall also contain a statement recommending that
the requesting officer, employee, or arresting individual undergo
an HIV test, an HBV test, or an HCV test, or all 3 tests.
(7) The notice required under subsection (6) shall not contain
information that would identify the arrestee, correctional facility
inmate, parolee, or probationer who tested positive or negative for
HIV, HBV, or HCV. The information contained in the notice is
confidential and is subject to this section, the rules promulgated
under
section 5111(2) 5111, and section 5131. A person who 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.
(8) The department may promulgate rules to administer this
section. The department shall develop and distribute the forms
required under this section.
(9) In addition to the penalties prescribed in the rules
promulgated
under section 5111(2) 5111 and in section 5131, a
person who discloses information in violation of subsection (7) is
guilty of a misdemeanor.
(10) A local health department or designated health care
provider shall report to the department each test result obtained
under this section that indicates that an individual is HIV
infected, in compliance with section 5114.
(11) A person or governmental entity that makes a good faith
effort to comply with subsections (1) to (6) is immune from civil
liability or criminal penalty based on compliance with, or the
failure to comply with, those subsections.
(12) As used in this section and section 5205:
(a) "Correctional facility" means a municipal or county jail,
work camp, lockup, holding center, halfway house, community
corrections center, or any other facility maintained by a
municipality or county that houses adult prisoners. Correctional
facility does not include a facility owned or operated by the
department of corrections.
(b) "Employee" means a county employee or a court employee.
(c) "HBV" means hepatitis B virus.
(d) "HBV infected" or "HBV infection" means the status of an
individual who is tested as HBsAg-positive.
(e) "HCV" means hepatitis C virus.
(f) "HCV infected" or "HCV infection" means the status of an
individual who has tested positive for the presence of HCV
antibodies or has tested positive for HBV using an RNA test.
(g) "HIV" means human immunodeficiency virus.
(h) "HIV infected" means that term as defined in section 5101.
(i) "Individual making a lawful arrest" or "arresting
individual" means 1 of the following:
(i) A private security police officer authorized to make an
arrest without a warrant under section 30 of the private security
guard
act of 1968 business and
security alarm act, 1968 PA 330, MCL
338.1080, and section 15 of the code of criminal procedure, 1927 PA
175, MCL 764.15.
(ii) A merchant, agent of a merchant, employee of a merchant,
or independent contractor providing security for a merchant
authorized to make an arrest in the merchant's store and in the
course of his or her employment as prescribed by section 16(d) of
the code of criminal procedure, 1927 PA 175, MCL 764.16. Individual
making a lawful arrest or arresting individual does not include a
private person authorized to make an arrest under section 16(a) and
(b) of the code of criminal procedure, 1927 PA 175, MCL 764.16.
(j) "Local correctional officer" means an individual employed
by a local governmental unit in a correctional facility as a
corrections officer.
(k) "Officer" means a law enforcement officer, motor carrier
officer, or property security officer employed by the state, a law
enforcement officer employed by a local governmental unit, a fire
fighter employed by or volunteering for a local governmental unit,
or a local correctional officer.
Sec. 20191. (1) If a police officer, fire fighter, individual
licensed under section 20950 or 20952, or another individual
assists an emergency patient who is subsequently transported to a
health facility or transports an emergency patient to a health
facility, and if the emergency patient, as part of the treatment
rendered by the health facility or pursuant to a request made under
subsection (2), is tested for the presence in the emergency patient
of an infectious agent and the test results are positive, or is
tested pursuant to a request made under subsection (2) for the
presence in the emergency patient of the infectious agent of HIV or
HBV and the test results are positive or negative, the health
facility shall do all of the following:
(a) Subject to subsection (4) and subdivision (b), if the test
results are positive for an infectious agent and the individual
meets 1 of the following requirements, notify the individual on a
form provided by the department that he or she may have been
exposed to an infectious agent and, if the test results of a test
conducted pursuant to subsection (2) are negative for the
infectious agent of HIV or HBV, notify the individual of that fact:
(i) The individual is a police officer, fire fighter, or
individual licensed under section 20950 or 20952.
(ii) The individual demonstrates in writing to the health
facility that he or she was exposed to the blood, body fluids, or
airborne agents of the emergency patient or participated in
providing assistance to the emergency patient or transportation of
the emergency patient to the health facility. An individual who
makes a request under subsection (2) is exempt from the
requirements of this subparagraph.
(b) Subject to subsection (4), if the test results indicate
that the emergency patient is HIV infected, the health facility
shall not reveal that the infectious agent is HIV unless the health
facility has received a written request for notification from an
individual described in subdivision (a)(i) or (ii). This subdivision
does not apply if the test results indicate that the emergency
patient is not HIV infected.
(c) Subject to subsection (4), on a form provided by the
department, notify the individual described in subdivision (a), at
a minimum, of the appropriate infection control precautions to be
taken and the approximate date of the potential exposure. If the
emergency patient is tested pursuant to a request made under
subsection (2) for the presence in the emergency patient of the
infectious agent of HIV or HBV, or both, and if the test results
are positive or negative, the health facility also shall notify the
individual described in subdivision (a) on the form provided by the
department that he or she should be tested for HIV infection or HBV
infection, or both, and counseled regarding both infectious agents.
(2) A police officer, fire fighter, individual licensed under
section 20950 or 20952, or other individual who assists an
emergency patient who is subsequently transported to a health
facility or who transports an emergency patient to a health
facility and who sustains a percutaneous, mucous membrane, or open
wound exposure to the blood or body fluids of the emergency patient
may request that the emergency patient be tested for HIV infection
or HBV infection, or both, pursuant to this subsection. The police
officer, fire fighter, individual licensed under section 20950 or
20952, or other individual shall make a request to a health
facility under this subsection in writing on a form provided by the
department and before the emergency patient is discharged from the
health facility. The request form shall be dated and shall contain
at a minimum the name and address of the individual making the
request and a description of the individual's exposure to the
emergency patient's blood or other body fluids. The request form
shall contain a space for the information required under subsection
(3) and a statement that the requester is subject to the
confidentiality requirements of subsection (5) and section 5131.
The request form shall not contain information that would identify
the emergency patient by name. A health facility that receives a
request under this subsection shall accept as fact the requester's
description of his or her exposure to the emergency patient's blood
or other body fluids, unless the health facility has reasonable
cause to believe otherwise. The health facility shall make a
determination as to whether or not the exposure described in the
request was a percutaneous, mucous membrane, or open wound exposure
pursuant to R 325.70001 to R 325.70018 of the Michigan
administrative code. If the health facility determines that the
exposure described in the request was a percutaneous, mucous
membrane, or open wound exposure, the health facility shall test
the emergency patient for HIV infection or HBV infection, or both,
as indicated in the request. A health facility that performs a test
under this subsection may charge the individual requesting the test
for the reasonable and customary charges of the test. The
individual requesting the test is responsible for the payment of
the charges if the charges are not payable by the individual's
employer, pursuant to an agreement between the individual and the
employer, or by the individual's health care payment or benefits
plan. A health facility is not required to provide HIV counseling
pursuant to section 5133(1) to an individual who requests that an
emergency patient be tested for HIV under this subsection, unless
the health facility tests the requesting individual for HIV.
(3) A health facility shall comply with this subsection if the
health facility receives a request under subsection (2) and
determines either that there is reasonable cause to disbelieve 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 health facility is not
required to test the emergency patient for HIV infection or HBV
infection, or both. A health facility shall also comply with this
subsection if the health facility receives a request under
subsection (2) and determines that the exposure was a percutaneous,
mucous membrane, or open wound exposure, but is unable to test the
emergency patient for HIV infection or HBV infection, or both. The
health facility shall state in writing on the request form the
reasons for disbelieving the requester's description of his or her
exposure, the health facility's exposure determination, or the
inability to test the emergency patient, as applicable. The health
facility shall transmit a copy of the completed request form to the
requesting individual within 2 days after the date the
determination is made that the health facility has reasonable cause
to disbelieve the requester's description of his or her exposure or
that the exposure was not a percutaneous, mucous membrane, or open
wound exposure or within 2 days after the date the health facility
determines that it is unable to test the emergency patient for HIV
infection or HBV infection, or both.
(4) The notification required under subsection (1) shall occur
within 2 days after the test results are obtained by the health
facility or after receipt of a written request under subsection
(1)(b). The notification shall be transmitted to the potentially
exposed individual or, upon request of the individual, to the
individual's primary care physician or other health professional
designated by the individual, as follows:
(a) If the potentially exposed individual provides his or her
name and address or the name and address of the individual's
primary care physician or other health professional designated by
the individual to the health facility or if the health facility has
a procedure that allows the health facility in the ordinary course
of its business to determine the individual's name and address or
the name and address of the individual's primary care physician or
other health professional designated by the individual, the health
facility shall notify the individual or the individual's primary
care physician or other health professional designated by the
individual directly at that address.
(b) If the potentially exposed individual is a police officer,
fire fighter, or individual licensed under section 20950 or 20952,
and if the health facility does not have the name of the
potentially exposed individual or the individual's primary care
physician or other health professional designated by the
individual, the health facility shall notify the appropriate police
department, fire department, or life support agency that employs or
dispatches the individual. If the health facility is unable to
determine the employer of an individual described in this
subdivision, the health facility shall notify the medical control
authority or chief elected official of the governmental unit that
has jurisdiction over the transporting vehicle.
(c) A medical control authority or chief elected official
described in subdivision (b) shall notify the potentially exposed
individual or the individual's primary care physician or other
health professional designated by the individual or, if unable to
notify the potentially exposed individual or the individual's
primary care physician or other health professional designated by
the individual, shall document in writing the notification efforts
and reasons for being unable to make the notification.
(5) The notice required under subsection (1) shall not contain
information that would identify the emergency patient who tested
positive for an infectious agent or who tested positive or negative
for the presence in the emergency patient of the infectious agent
of HIV or HBV. The information contained in the notice is
confidential and is subject to this section, the rules promulgated
under
section 5111(2) 5111, and section 5131. A person who 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.
(6) The department shall promulgate rules to administer this
section. The department shall develop and distribute the forms
required under subsections (1)(a) and (c) and (2).
(7) Except as otherwise provided in this subsection, a person
who discloses information regarding an infectious agent in
violation of subsection (5) is guilty of a misdemeanor. This
subsection does not apply to the disclosure of information
regarding a serious communicable disease or infection, if the
disclosure
is subject to rules promulgated under section 5111(2)
5111 or to section 5131.
(8) A person or governmental entity that makes a good faith
effort to comply with subsection (1), (2), (3), or (4) is immune
from any civil liability or criminal penalty based on compliance or
the failure to comply.
(9) As used in this section:
(a) "Emergency patient" means an individual who is transported
to an organized emergency department located in and operated by a
hospital licensed under this article or a facility other than a
hospital that is routinely available for the general care of
medical patients.
(b) "HBV" means hepatitis B virus.
(c) "HBV infected" or "HBV infection" means the status of an
individual who is tested as HBsAg-positive.
(d) "Health facility" means a health facility or agency as
defined in section 20106.
(e) "HIV" means human immunodeficiency virus.
(f) "HIV infected" means that term as defined in section 5101.
(g) "Infectious agent" means that term as defined in R
325.9031 of the Michigan administrative code.
(h) "Life support agency" means that term as defined in
section 20906.
(i) "Serious communicable disease or infection" means that
term as defined in section 5101.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4901(request no.
02505'09 a) of the 95th Legislature is enacted into law.