Bill Text: MI HB5773 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health facilities; other; testing emergency patients for infectious agents; expand to include testing for hepatitis C. Amends sec. 20191 of 1978 PA 368 (MCL 333.20191).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-11 - Bill Electronically Reproduced 04/10/2018 [HB5773 Detail]

Download: Michigan-2017-HB5773-Introduced.html

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HOUSE BILL No. 5773

 

 

April 10, 2018, Introduced by Reps. Faris, Sabo, Hoadley, Cochran, Gay-Dagnogo, Lasinski, Yanez, Sneller and Chirkun and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20191 (MCL 333.20191), as amended by 2010 PA

 

119.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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, or HCV 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, or HCV, 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 HCV, or both, all 3 infectious

 

agents, 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,

 

HCV infection, or all 3 infections, and counseled regarding both

 

all 3 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, HCV infection, or both, all 3 infections,

 

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 must 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 must

 

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 must 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. 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, HCV infection, or all 3 infections, 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 under 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 under 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. HCV infection, or all 3 infections. 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. HCV infection, or all 3

 

infections. 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.HCV

 

infection, or all 3 infections.

 

     (4) The A health facility shall provide 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 must 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 must 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, or HCV. The information contained

 

in the notice is confidential and is subject to this section, the

 

rules promulgated under section 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 or to

 

section 5131.

 

     (8) A person or governmental entity that makes a good faith

 

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) "HCV" means hepatitis C virus.

 

     (e) "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.

 

     (f) (d) "Health facility" means a health facility or agency.

 

as defined in section 20106.

 

     (g) (e) "HIV" means human immunodeficiency virus.

 

     (h) (f) "HIV infected" infection" means that term as defined

 

in section 5101.

 

     (i) (g) "Infectious agent" means that term as defined in R

 

325.9031 of the Michigan administrative code. Administrative Code.

 

     (j) (h) "Life support agency" means that term as defined in

 

section 20906.

 

     (k) (i) "Serious communicable disease or infection" means that

 

term as defined in section 5101.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.