HB-6023, As Passed House, October 3, 2018
May 16, 2018, Introduced by Rep. Hertel and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5114 (MCL 333.5114), as amended by 2004 PA 514.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5114. (1) Except as otherwise provided in this section, a
person or governmental entity that obtains from a test subject a
confirmatory diagnostic test result that indicates that the test
subject is HIV infected or from a test subject who has already been
diagnosed as HIV infected a clinical test result for medical
monitoring ordered to evaluate immune system status, to quantify
HIV levels, or to diagnose acquired immunodeficiency syndrome
shall,
within 7 days after obtaining a diagnostic test result or,
for
a nondiagnostic test result, within a
time frame as determined
by the department, report to the appropriate local health
department or, if requested by the local health department, to the
department on a form provided by the department or through
electronic methods approved by the department all of the following
information, if available:
(a) The name and address of the person or governmental entity
that submits the report.
(b) The name, address, and telephone number of the health care
provider who diagnosed the test subject or who ordered the test.
(c) The name, date of birth, race, sex, address, and telephone
number of the test subject.
(d) The date on which the specimen was collected for testing.
(e) The type of test performed.
(f) The test result.
(g) If known, whether or not the test subject has tested
positive for the presence of HIV or an antibody to HIV on a
previous occasion.
(h) The probable method of transmission.
(i) The purpose of the test.
(j) Any other medical or epidemiological information
considered necessary by the department for the surveillance,
control, and prevention of HIV infections, as described in rules
promulgated
by the department. Information added
by the department
under
this subdivision shall be promulgated as rules.
(2) An individual who undergoes a test for HIV or an antibody
to HIV in a physician's private practice office or the office of a
physician employed by or under contract to a health maintenance
organization or who submits a specimen for either of those tests to
that physician may request that the report made by the physician
under this section not include the name, address, and telephone
number of the test subject. Except as otherwise provided in section
5114a, if such a request is made under this subsection, the
physician shall comply with the request and submit the specimen to
the laboratory without the name, address, or telephone number of
the test subject.
(3)
A local health department shall not maintain a roster of
names
obtained under this section, but shall maintain individual
case
files that are encoded to protect the identities of the
individual
test subjects.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.