A police officer, a fire fighter, a local correctional officer or other county employee, a court employee, or an individual making a lawful arrest, who has received training as required by MCL 333.5205(1), can request that an arrestee, correctional facility inmate, parolee, or probationer be tested for HIV infection, HBV infection, HCV infection, or all three infections. The request can only be made if such a person, as named above, determines that he or she had contact with the blood or body fluids of the individual to be tested.
If the individual refuses to be tested as requested, the officer's or employee's or arresting individual's employer may petition the circuit court for the county in which the employer is located, or the appropriate district court, for an order to conduct testing.
The following information will take you through the steps necessary to get an order requiring someone to be tested for infectious disease. This particular matter can only be initiated by the employer of a police officer, a fire fighter, a local correctional officer or other county employee, a court employee, or an individual making a lawful arrest if he or she has received training in the transmission of bloodborne diseases under the rules governing exposure to bloodborne diseases in the workplace promulgated by the occupational health standards commission, or incorporated by reference under the Michigan occupational safety and health act, MCL 408.1001 to 408.1094.
Statutes and Court Rules
Statutes associated with testing for infectious disease proceedings are: MCL 333.5204 and 333.5205.
Using Court Forms
Court forms are available for use in proceedings for testing for infectious disease.
These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney. Instructions for completing and using the forms are included with the forms.
When completing a form online, you must print the number of copies you will need for filing with the court and serving on the parties. See the upper right-hand corner of each form for this information. If you do not provide the court with the correct number of copies, the court might reject the form for nonconformance under the authority of Michigan Court Rule 8.119(C). Unless specifically required by court rule or statute, the court is not responsible for making copies of forms for you.
How to Begin
To start a proceeding for testing for infectious disease, you (the petitioner) must be the employer of a police officer, fire fighter, local correctional officer or other county employee; a court employee; or an individual who made a request that an arrestee, correctional facility inmate, parolee, or probationer be tested for HIV infection, HBV infection, HCV infection, or all three infections and the request was refused. Complete the Petition for Testing of Infectious Disease, form MC 72, and file it with the circuit court in the county where the employer is located, or with the district court in the district where the employer is located.
After the petition is filed, the clerk of the court will schedule the petition for hearing. The court will prepare and serve the notice of hearing along with the petition as required in SCAO Administrative Memorandum 2000-09.
The petitioner must attend the hearing on the day and at the time and place stated in the notice of hearing. The court may ask the petitioner to state the reasons supporting the petition. After the hearing, the court will prepare the order. See general information about hearings. The court will then file and serve the order.