Bill Text: MI HB4606 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Health; blood; Lyme disease test for donated blood; require. Amends sec. 9123 of 1978 PA 368 (MCL 333.9123).

Spectrum: Moderate Partisan Bill (Democrat 14-4)

Status: (Introduced - Dead) 2019-05-21 - Bill Electronically Reproduced 05/21/2019 [HB4606 Detail]

Download: Michigan-2019-HB4606-Introduced.html

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HOUSE BILL No. 4606

 

 

May 16, 2019, Introduced by Reps. Hoitenga, Whitsett, Eisen, Peterson, Elder, Yancey, Rendon, Garza, Chirkun, Tate, Cambensy, Kennedy, Brenda Carter, Wozniak, Neeley, Coleman, Jones and Robinson and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 9123 (MCL 333.9123), as added by 1988 PA 487.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9123. (1) Except as otherwise provided in subsection (2),

 

a person, including, but not limited to, a licensee under article

 

15 or article 17 who procures or collects blood or human tissues,

 

organs, or other specimens for purposes of transplantation,

 

transfusion, introduction, or injection into a human body shall

 

test or provide for the testing of each potential donor or each

 

sample or specimen of blood or tissue, or each organ or other human

 

specimen for the presence in the donor, sample, specimen, or organ

 

of HIV, or an antibody to HIV, or Lyme disease.

 

     (2) Subsection (1) does not apply if a test for HIV, or an

antibody to HIV, or Lyme disease cannot be performed in the time

 

during which the blood, tissue, organ, or other human specimen is

 

viable for purposes of transplantation, transfusion, introduction,

 

or injection into a human body, due to emergency or other exigent

 

circumstances.

 

     (3) Except as otherwise provided in subsection (4), if the

 

results of a test performed under subsection (1) are positive, the

 

blood, tissue, organ, or other human specimen shall must not be

 

used for purposes of transplantation, transfusion, introduction, or

 

injection into a human body. If a test for HIV, or an antibody to

 

HIV, or Lyme disease cannot be performed in the time during which

 

the blood, tissue, organ, or other human specimen is viable for

 

purposes of transplantation, transfusion, introduction, or

 

injection into a human body, due to emergency or other exigent

 

circumstances, then the blood, tissue, organ, or other human

 

specimen may be used for purposes of transplantation, transfusion,

 

introduction, or injection into a human body if the person

 

responsible for the transplantation, transfusion, introduction, or

 

injection and the person individual who intends to receive the

 

blood, tissue, organ, or other human specimen have been informed

 

that there was insufficient time to perform a test for HIV, or an

 

antibody to HIV, or Lyme disease, and have agreed in writing to the

 

use of the blood, tissue, organ, or other human specimen. If the

 

person individual who intends to receive the blood, tissue, organ,

 

or other human specimen is a minor, then the parent, legal

 

guardian, or person in loco parentis of the minor shall must have

 

been informed that there was insufficient time to perform a test

for HIV, or an antibody to HIV, or Lyme disease and shall must have

 

agreed in writing to the use of the blood, tissue, organ, or other

 

human specimen. If the person individual who intends to receive the

 

blood, tissue, organ, or other human specimen is otherwise unable

 

to give informed consent, then any of the following persons,

 

individuals, in order of priority stated, when persons if the

 

individuals in prior classes are not available at the time the

 

transplantation, transfusion, introduction, or injection is to be

 

performed, shall must have been informed that there was

 

insufficient time to perform a test for HIV, or an antibody to HIV,

 

or Lyme disease and shall must have agreed in writing to the use of

 

the blood, tissue, organ, or other human specimen:

 

     (i) The spouse.

 

     (ii) An adult son or daughter.

 

     (iii) Either parent.

 

     (iv) An adult brother or sister.

 

     (v) A guardian of the person individual at the time the

 

transplantation, transfusion, introduction, or injection is to be

 

performed.

 

     (4) If a person an individual donates blood exclusively for

 

his or her own transfusion needs, and if the results of a test

 

performed under subsection (1) are positive, the person individual

 

may use the blood for that purpose if both the person responsible

 

for the transfusion and the person individual who intends to

 

receive the blood have been informed of the positive test result

 

and have consented in writing to the use of the blood.

 

     (5) A person, including, but not limited to, a licensee under

article 15 or article 17, who procures or collects self-replicating

 

body fluids for purposes of introduction into a human body shall

 

test each potential donor, and, if the donor donates on a regular

 

basis, not less than every 3 months, for the presence in the donor

 

of HIV or an antibody to HIV. If at any time the test results are

 

positive, the self-replicating body fluids of the donor shall not

 

be used for introduction into a human body.

 

     (6) A person, including, but not limited to, a licensee under

 

article 15 or article 17 who orders or performs, or both, a test

 

for HIV, or an antibody to HIV, or Lyme disease under this section

 

shall, if the test result is positive, inform the donor of the

 

positive test result. For purposes of this subsection, a positive

 

test result for HIV or an antibody to HIV is a double positive

 

enzyme-linked immunosorbent assay test, combined with a positive

 

western blot assay test, or a positive result under an HIV test

 

that is considered reliable by the federal centers for disease

 

control Centers for Disease Control and is approved by the

 

department.

 

     (7) A person who violates this section shall be is liable in a

 

civil action for damages for the loss or damage resulting from the

 

violation.

 

     (8) As used in this section:

 

     (a) "Blood" includes whole blood, blood plasma, blood

 

products, and blood derivatives.

 

     (b) "HIV" means human immunodeficiency virus.

 

     (c) "Self-replicating body fluids" means bodily fluids that

 

are reproduced by the body including, but not limited to, breast

milk. Self-replicating body fluids does not include blood or sperm.