HOUSE BILL No. 4742 May 27, 1999, Introduced by Reps. Rick Johnson, Faunce, Bradstreet, Woodward, Middaugh, Scranton, Howell, Julian, Bishop, Allen, Pappageorge, Mortimer and Richner and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5205 (MCL 333.5205), as amended by 1997 PA 57. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5205. (1) If a department representative or a local 2 health officer knows or has reasonable grounds to believe that an 3 individual has failed or refused to comply with a warning notice 4 issued under section 5203, the department or local health depart- 5 ment may petition the circuit court for the county of Ingham or 6 for the county served by the local health department for an order 7 as described in subsection (6). 8 (2) A petition filed under subsection (1) shall state all of 9 the following: 01132'99 CPD 2 1 (a) The grounds and underlying facts that demonstrate that 2 the individual is a health threat to others and, unless an 3 emergency order is sought under section 5207, has failed or 4 refused to comply with a warning notice issued under section 5 5203. 6 (b) The petitioner's effort to alleviate the health threat 7 to others before the issuance of the warning notice, unless an 8 emergency order is sought under section 5207. 9 (c) The type of relief sought. 10 (d) A request for a court hearing on the allegations set 11 forth in the petition. 12 (3) If a test subject refuses to undergo a test requested by 13 an officer or employee or an arresting individual under section 14 5204, the officer's or employee's or arresting individual's 15 employer may petition the circuit court for the county in which 16 the employer is located for an order as described in subsection 17 (7). 18 (4) A petition filed under subsection (3) shall state all of 19 the following: 20 (a) Substantially the same information contained in the 21 request made to an officer's or employee's or arresting 22 individual's employer under section 5204(2) and (3), except that 23 the petition shall contain the name of the arrestee, correctional 24 facility inmate, parolee, or probationer who is the proposed test 25 subject. 26 (b) The reasons for the officer's or employee's or arresting 27 individual's determination that the exposure described in the 01132'99 3 1 request made under section 5204(2) and (3) could have transmitted 2 HIV, HBV, or HCV, or ALL OR a combination of those viruses, along 3 with the date and place the officer or employee or arresting 4 individual received the training in the transmission of blood- 5 borne diseases required under section 5204(1). 6 (c) The fact that the arrestee, correctional facility 7 inmate, parolee, or probationer has refused to undergo the test 8 or tests requested under section 5204(2) and (3). 9 (d) The type of relief sought. 10 (e) A request for a court hearing on the allegations set 11 forth in the petition. 12 (5) Upon receipt of a petition filed under subsection (1) or 13 (3), the circuit court shall fix a date for hearing that shall be 14 as soon as possible, but not later than 14 days after the date 15 the petition is filed. Notice of the petition and the time and 16 place of the hearing shall be served personally on the individual 17 or the proposed test subject under section 5204 and on the peti- 18 tioner not less than 3 days before the date of the hearing. 19 Notice of the hearing shall include notice of the individual's or 20 proposed test subject's right to appear at the hearing, the right 21 to present and cross-examine witnesses, and the right to counsel 22 as provided in subsection(13)(12). The individual or the 23 proposed test subject and the petitioner may waive notice of 24 hearing, and upon filing of the waiver in writing, the court may 25 hear the petition immediately. 26 (6) Upon a finding by the circuit court that the department 27 or local health department has proven the allegations set forth 01132'99 4 1 in a petition filed under subsection (1) by clear and convincing 2 evidence, the circuit court may issue 1 or more of the following 3 orders: 4 (a) An order that the individual participate in a designated 5 education program. 6 (b) An order that the individual participate in a designated 7 counseling program. 8 (c) An order that the individual participate in a designated 9 treatment program. 10 (d) An order that the individual undergo medically accepted 11 tests to verify the individual's status as a carrier or for 12 diagnosis. 13 (e) An order that the individual notify or appear before 14 designated health officials for verification of status, testing, 15 or other purposes consistent with monitoring. 16 (f) An order that the individual cease and desist conduct 17 that constitutes a health threat to others. 18 (g) An order that the individual live part-time or full-time 19 in a supervised setting for the period and under the conditions 20 set by the circuit court. 21 (h) Subject to subsection (8), an order that the individual 22 be committed to an appropriate facility for the period and under 23 the conditions set by the circuit court. A commitment ordered 24 under this subdivision shall not be for more than 6 months, 25 unless the director of the facility, upon motion, shows good 26 cause for continued commitment. 01132'99 5 1 (i) Any other order considered just by the circuit court. 2 (7) Upon a finding by the circuit court that the officer's 3 or employee's or arresting individual's employer has proven the 4 allegations set forth in a petition filed under subsection (3), 5 including, but not limited to, the requesting officer's or 6 employee's or arresting individual's description of his or her 7 exposure to the blood or body fluids of the proposed test 8 subject, the court may issue an order requiring the proposed test 9 subject to undergo a test for HIV infection, HBV infection, or 10 HCV infection, or all OR A COMBINATION OF THE 3 infections.,11subject to subsection (9).12 (8) The circuit court shall not issue an order authorized 13 under subsection (6)(h) unless the court first considers the 14 recommendation of a commitment review panel appointed by the 15 court under this subsection to review the need for commitment of 16 the individual to a health facility. The commitment review panel 17 shall consist of 3 physicians appointed by the court from a list 18 of physicians submitted by the department. Not less than 2 of 19 the physicians shall have training and experience in the diagno- 20 sis and treatment of serious communicable diseases and 21 infections. However, upon the motion of the individual who is 22 the subject of the order, the court shall appoint as 1 member of 23 the commitment review panel a physician who is selected by the 24 individual. The commitment review panel shall do all of the 25 following: 26 (a) Review the record of the proceeding. 01132'99 6 1 (b) Interview the individual, or document the reasons why 2 the individual was not interviewed. 3 (c) Recommend either commitment or an alternative or alter- 4 natives to commitment, and document the reasons for the 5 recommendation. 6(9) The circuit court shall not issue an order authorized7under subsection (7) unless the court first considers the recom-8mendation of a review panel appointed by the court under this9subsection to review the need for testing the proposed test10subject for HIV infection, HBV infection, HCV infection, or all 311infections. The review panel shall consist of 3 physicians12appointed by the court from a list of physicians submitted by the13department. Not less than 2 of the physicians shall have train-14ing and experience in the diagnosis and treatment of serious com-15municable diseases and infections. However, upon the motion of16the individual who is the subject of the order, the court shall17appoint as 1 member of the review panel a physician who is18selected by that individual. The review panel shall do all of19the following:20(a) Review the record of the proceeding.21(b) Interview the individual who is the subject of the22order, or document the reasons why the individual was not23interviewed.24(c) Recommend either that the individual who is the subject25of the order be tested for HIV infection, HBV infection, HCV26infection, or all 3 infections, or that the individual not be01132'99 7 1tested for any of the infections, and document the reasons for2the recommendation.3 (9)(10)An individual committed to a facility under 4 subsection (6)(h) may appeal to the circuit court for a commit- 5 ment review panel recommendation as to whether or not the 6 patient's commitment should be terminated. Upon the filing of a 7 claim of appeal under this subsection, the court shall reconvene 8 the commitment review panel appointed under subsection (5) as 9 soon as practicable, but not more than 14 days after the filing 10 of the claim of appeal. Upon reconvening, the commitment review 11 panel shall do all of the following: 12 (a) Review the appeal and any other information considered 13 relevant by the commitment review panel. 14 (b) Interview the individual, or document the reasons why 15 the individual was not interviewed. 16 (c) Recommend to the court either termination or continua- 17 tion of the commitment, and document the reasons for the 18 recommendation. 19 (10)(11)Upon receipt of the recommendation of the com- 20 mitment review panel under subsection(10)(9), the circuit 21 court may terminate or continue the commitment. 22 (11)(12)The cost of implementing an order issued under 23 subsection (6) shall be borne by the individual who is the 24 subject of the order, unless the individual is unable to pay all 25 or a part of the cost, as determined by the circuit court. If 26 the court determines that the individual is unable to pay all or 27 a part of the cost of implementing the order, then the state 01132'99 8 1 shall pay all of the cost or that part of the cost that the 2 individual is unable to pay, upon the certification of the 3 department. The cost of implementing an order issued under sub- 4 section (7) shall be borne by the arrestee, correctional facility 5 inmate, parolee, or probationer who is tested under the order. 6 (12)(13)An individual who is the subject of a petition 7 filed under this section or an affidavit filed under section 5207 8 has the right to counsel at all stages of the proceedings. If 9 the individual is unable to pay the cost of counsel, the circuit 10 court shall appoint counsel for the individual. 11 (13)(14)An order issued by the circuit court under this 12 section may be appealed to the court of appeals. The court of 13 appeals shall hear the appeal within 30 days after the date the 14 claim of appeal is filed with the court of appeals. However, an 15 order issued by the circuit court under this section shall not be 16 stayed pending appeal, unless ordered by the court of appeals on 17 motion for good cause. 18 (14)(15)An individual committed to a facility under this 19 section who leaves the facility before the date designated in the 20 commitment order without the permission of the circuit court or 21 who refuses to undergo a test for HIV infection, HBV infection, 22 HCV infection, or all OR A COMBINATION OF THE 3 infections is 23 guilty of contempt. 01132'99 Final page. CPD