Bill Text: MI HB6017 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Health; testing; reporting procedures related to partner notification for HIV; update. Amends sec. 5114a of 1978 PA 368 (MCL 333.5114a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 567'18 With Immediate Effect [HB6017 Detail]
Download: Michigan-2017-HB6017-Engrossed.html
HB-6017, As Passed House, October 3, 2018
HOUSE BILL No. 6017
May 16, 2018, Introduced by Rep. Canfield and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5114a (MCL 333.5114a), as amended by 2004 PA
514.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5114a. (1) A person or governmental entity that
administers a test for HIV or an antibody to HIV to an individual
shall refer the individual to the appropriate local health
department for assistance with partner notification if both of the
following conditions are met:
(a) The test results indicate that the individual is HIV
infected.
(b) The person or governmental entity that administered the
test determines that the individual needs assistance with partner
notification.
(2) A person or governmental entity that refers an individual
to a local health department under subsection (1) shall provide the
local health department with information determined necessary by
the local health department to carry out partner notification.
Information required under this subsection may include, but is not
limited to, the name, address, and telephone number of the
individual test subject.
(3) A local health department to which an individual is
referred under subsection (1) shall inform the individual that he
or she has a legal obligation to inform each of his or her sexual
partners of the individual's HIV infection before engaging in
sexual relations with that sexual partner, and that the individual
may be subject to criminal sanctions for failure to so inform a
sexual partner.
(4) A partner notification program operated by a local health
department
shall must include notification of individuals who are
sexual or hypodermic needle-sharing partners of the individual
tested
under subsection (1). Partner notification shall be is
confidential and must be conducted in the form of a direct, one-to-
one conversation between the employee of the local health
department and the partner of the test subject.
(5) If a local health department receives a report under
section 5114(1) that indicates that a resident of this state or an
individual located in this state is HIV infected, the local health
department shall make it a priority to do all of the following:
(a) Attempt to interview the individual and offer to contact
the individual's sexual partners and, if applicable, hypodermic
needle-sharing or drug-sharing partners. If the subject of the
report is determined to have been infected with HIV in utero, the
local health department shall attempt to interview the individual's
parent or legal guardian, or both. The interview conducted under
this
subdivision shall be is voluntary on the part of the
individual
being interviewed. The A
local health department shall
perform the interview or attempted interview required under this
subdivision
shall be performed by a local health department within
14 days after receipt of a report under section 5114(1).
(b)
Within 35 days after the interview conducted pursuant to
under subdivision (a), confidentially, privately, and in a discreet
manner contact each individual identified as a sexual or hypodermic
needle-sharing or drug-sharing partner regarding the individual's
possible exposure to HIV. The local health department shall not
reveal to an individual identified as a partner the identity of the
individual who has tested positive for HIV or an antibody to HIV
except if authorized to do so by the individual who named the
contact, and if needed to protect others from exposure to HIV or
from transmitting HIV. The local health department shall provide
each individual interviewed under subdivision (a) and each
individual contacted under this subdivision with all of the
following information:
(i) Available medical tests for HIV, an antibody to HIV, and
any other indicator of HIV infection.
(ii) Steps to take in order to avoid transmission of HIV.
(iii) Other information considered appropriate by the
department.
(6)
The Each local health
department shall report to the
department
on the reports, records, and data of
a local health
department
pertaining to information acquired by the local health
department
under this section. shall
be retained by the local
health
department for not more than 90 days after the date of
receipt
or for a period established by rule of the department.
(7) Information acquired by the department or a local health
department under this section or section 5114 is exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(8)
The department in consultation with local health
departments
shall submit a biennial report to the standing
committees
in the senate and house of representatives responsible
for
legislation pertaining to public health on the effect of this
section
on the department's efforts to monitor and control HIV
infection
and acquired immunodeficiency syndrome. The report shall
include,
but not be limited to, statistics on the total number of
index
cases reported, the total number of index cases reported with
information
identifying the test subject or a partner of the test
subject,
and the total number of partners actually contacted under
this
section, and an assessment of the effectiveness of the
program,
and recommendations to improve the effectiveness of the
program,
if any. The statistics included in the report shall be
broken
down by local health department jurisdiction.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
