MANDATORY HIV/HBV/HCV TESTING OF PUPILS

House Bill 5523

Sponsor: Rep. Mike Kowall

Complete to 5-30-00

A SUMMARY OF HOUSE BILL 5523 AS INTRODUCED 3-21-00

Currently, under the Public Health Code, a police officer, firefighter, local correctional officer or other county employee, court employee, motor carrier officer, state property security officer, or an individual making a lawful arrest who is exposed in certain ways to the blood or body fluids of an arrestee, correctional facility inmate, parolee, or probationer can request that the arrestee, etc. be tested for HIV, HBV (hepatitis B) infection, or HCV (hepatitis C) infection, or all three infections. House Bill 5523 would amend the code to also allow an elementary or secondary school teacher or employee who had been exposed to the bodily fluids or blood of a pupil to request that the pupil submit to testing. If the pupil were a minor, consent to the testing would have to be given by a parent or legal guardian. Further, the bill would clarify that a test could be requested for either HIV, HBV, or HCV; all three tests; or any combination of the three tests. (Note: The bill amends the same section of law, MCL 333.5205, previously amended by Public Act 37 of 2000 (House Bill 4742), but does not reflect the changes brought about by PA 37.)

MCL 333.5204 and 333.5205

Analyst: S. Stutzky

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.