Mich. Comp. Laws Ann. § 333.5204 - Request for testing made by officer, employee, or individual making lawful arrest; procedures; rules; definitions

Police officers, fire fighters, and other individuals (“officer”) who have received occupational training regarding the transmission of bloodborne disease and believe they have been exposed to the blood or bodily fluids of an individual while making a lawful arrest, may request that the arrestee receive testing for HIV, Hepatitis B, and Hepatitis C.

An officer must request the test within 72 hours of their exposure by submitting a form to their employer. The form must include the officer’s agreement to comply with confidentiality requirements and may only contain identifying information regarding the arrestee if the information is necessary to identify them for testing.  The officer’s employer must facilitate testing at the local health department. If the arrestee refuses to cooperate with the testing, then the employer must file a petition with a circuit court to compel testing.

The local health department must notify the officer or their designated health provider of the test results within two days of testing the arrestee. The notification must explain that the information within the notification is confidential and advise the officer to seek HIV, Hepatitis B, and/or Hepatitis C testing. The notification may not identify the arrestee. If an individual tests positive for an HIV infection, the health department must also comply with the reporting requirements established in M.C.L.A. § 333.5114a.

Individuals that disclose information in violation of this section are guilty of a misdemeanor and are subject to liability under sections M.C.L.A. § 333.5111and M.C.L.A. § 333.5131. Individuals that make a good faith effort to comply with this section will be immune from liability.