Testing for Infectious Disease - Self Help

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, 1974 PA 154, MCL 408.1001 to 408.1094. To access any of the necessary forms, click on the form number. To access any of the topics, click on the topics.

Statutes and Court Rules
Using Court Forms
How to Begin
The Hearing

Statutes and Court Rules

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. See details on how to find legal information >>.

When using forms, you are required to provide the total number of copies for use by the court, the parties, and any other person or organization that must receive the form. See the upper-right hand corner of each form to determine the mandatory number of copies and who must receive those copies. When completing a form on-line, you must print the number of copies you will need for filing with the court and service on the parties. Otherwise, you will have to photocopy the proper number of copies before filing the form with the court. 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.

Select the form you need from the list below. Instructions for completing and processing a form are provided with each form and can be read online. Make sure you read all the instructions and follow them carefully.

Notice of Hearing on Petition for Testing of Infectious Disease, MC 73
Order Following Hearing on Petition for Testing of Infectious Disease, MC 74
Petition for Testing of Infectious Disease, MC 72

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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 3 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 >>.

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The Hearing

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.

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Questions about this site should be sent to webinfo@courts.mi.gov.
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