Bill Text: MI HB5133 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health; occupations; procedures for informed consent for human in vitro fertilization services; establish, and require certain reports. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 2694 & 2695.
Spectrum: Moderate Partisan Bill (Republican 34-11)
Status: (Introduced - Dead) 2009-06-24 - Printed Bill Filed 06/24/2009 [HB5133 Detail]
Download: Michigan-2009-HB5133-Introduced.html
HOUSE BILL No. 5133
June 23, 2009, Introduced by Reps. Mayes, Meekhof, Kowall, Hansen, LeBlanc, Terry Brown, Sheltrown, Spade, Lahti, McDowell, Opsommer, Espinoza, Green, Horn, Crawford, Rogers, Elsenheimer, Tlaib, DeShazor, Kurtz, Pearce, Marleau, Neumann, Bolger, Booher, Meltzer, Agema, Proos, Pavlov, Haveman, Calley, Hildenbrand, Ball, Dean, Lund, Stamas, Lori, Walsh, Moss, Caul, McMillin, Paul Scott, Rick Jones, Genetski and Amash and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 2694 and 2695.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2694. (1) A physician or health facility or agency shall
not provide human in vitro fertilization services without first
obtaining the voluntary and written informed consent from the
individual who is seeking the services. In addition to any
information required to be provided by the accepted standard of
care, the documented informed consent shall include at least the
following information:
(a) The intention or likelihood that the planned services will
produce oocytes and embryos in excess of the potential number of
children the individual might consider bringing to birth.
(b) Options available to create, utilize, or store embryos in
a quantity most acceptable to the individual seeking the services.
(c) The potential or expected financial obligations per annum
if the individual chooses to cryopreserve and store excess oocytes
or embryos.
(d) Current data on embryo loss and implantation success
subsequent to thawing cryopreserved embryos, including data from
the aggregate report described in section 2695(3) and data from the
provider's previous 2 individual reports under section 2695, where
applicable.
(e) A statement on the legal prohibitions on persons offering
or providing any valuable consideration in exchange for providing
excess oocytes or embryos to any other person.
(2) A person who violates this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not less than $5,000.00 per violation.
Sec. 2695. (1) A physician or health facility or agency that
provides human in vitro fertilization services shall annually
submit a report as described in subsection (2) on forms prescribed
and provided by the department and at the time and in the manner
prescribed by the department.
(2) A physician or health facility or agency that provides
human in vitro fertilization services shall collect and report only
the following information to the department as required under
subsection (1):
(a) Number of patients on whom oocyte extractions were
attempted.
(b) Number of patients from whom oocytes were successfully
extracted.
(c) Number of oocytes extracted from all patients.
(d) Number and type of complications experienced by patients
undergoing oocyte extraction.
(e) Number of oocytes retained in storage.
(f) Number of oocytes discarded before fertilization attempts.
(g) Number of oocytes exposed to sperm for fertilization.
(h) Number of embryos successfully created.
(i) Number of embryos undergoing genetic screening.
(j) Number of embryos discarded before implantation attempts.
(k) Number of patients undergoing embryo implantation
procedures.
(l) Number of implantation procedures attempted.
(m) Number of embryos used in implantation procedures.
(n) Number of patients with successful implantation.
(o) Number of embryos successfully implanted.
(p) Number of embryos intentionally terminated in utero after
pregnancy has been established.
(q) Number of miscarriages.
(r) Gestational age at time of miscarriage and number of
embryos or fetuses miscarried for each miscarriage.
(s) Number of live births.
(t) Number of multiple births.
(u) The gestational age at birth and birth weight for each
live birth.
(v) Number of infants with disabilities or deformities
detectable at birth.
(w) Number of embryos thawed for implantation or donation.
(x) Number of embryos viable after thawing process.
(y) Number of embryos donated for implantation.
(z) Number of embryos donated for research and the health
facility or agency, academic institution, or other person to which
they were donated.
(aa) Number of embryos discarded after storage at the
direction of the individual seeking in vitro fertilization
services.
(bb) Number of embryos held in storage at the beginning and
end of the reporting year.
(3) The department shall do all of the following:
(a) Develop and make available in print and electronic format
a form for physicians and health facilities and agencies to utilize
in filing the report required in subsection (1).
(b) Make available annually in aggregate a statistical report
summarizing the information submitted in each individual report
required by this section.
(c) Destroy each report required by this section and each copy
of the report after retaining the report for 5 years after the date
the report is received.
(4) A person submitting a report under subsection (1) shall
not include the name, common identifiers such as social security
number or motor vehicle operator's license number, or other
information or identifiers that would make it possible to identify
in any manner or under any circumstances an individual who has
obtained in vitro fertilization services. A state agency shall not
compare data in an electronic or other information system file with
data in any other electronic or other information system that would
result in identifying in any manner or under any circumstances an
individual who has obtained in vitro fertilization services. A
person shall not maintain statistical information that may reveal
the identity of an individual who has obtained in vitro
fertilization services.
(5) The reports required under this section are statistical
reports to be used only for medical and health purposes and shall
not be incorporated into the permanent official records of the
system of vital statistics.
(6) A person who violates this section by disclosing
confidential identifying information is guilty of a felony
punishable by imprisonment for not more than 1 year or a fine of
not more than $5,000.00, or both. A person who violates this
section by failing to file a required report is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not less than $5,000.00 per violation.
