Bill Text: MI HB5719 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health; confidentiality; parental notification when minor consents to certain health care or treatment; require except under certain circumstances. Amends secs. 5127, 6121 & 9132 of 1978 PA 368 (MCL 333.5127 et seq.).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2009-12-18 - Printed Bill Filed 12/18/2009 [HB5719 Detail]
Download: Michigan-2009-HB5719-Introduced.html
HOUSE BILL No. 5719
December 17, 2009, Introduced by Reps. Meltzer and McMillin and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5127, 6121, and 9132 (MCL 333.5127, 333.6121,
and 333.9132), section 5127 as added by 1988 PA 491 and section
9132 as added by 1984 PA 153.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5127. (1) Subject to section 5133, the consent to the
provision of medical or surgical care, treatment, or services by a
hospital, clinic, or physician that is executed by a minor who is
or professes to be infected with a venereal disease or HIV is valid
and binding as if the minor had achieved the age of majority. The
consent is not subject to later disaffirmance by reason of
minority. The consent of any other person, including a spouse,
parent, or guardian, or person in loco parentis, is not necessary
to authorize the services described in this subsection to be
provided to a minor.
(2)
For medical reasons a Except
as otherwise provided in this
subsection, the treating physician, and on the advice and direction
of the treating physician, a physician, a member of the medical
staff
of a hospital or clinic, or other health professional, may,
but
is not obligated to, inform the spouse, shall notify the
parent, guardian, or person in loco parentis as to the treatment
given to or needed by the minor under subsection (1). The
information
may shall be given to or withheld from these persons
the parent, guardian, or person in loco parentis without consent of
the minor and notwithstanding the express refusal of the minor to
the providing of the information. A treating physician is not
required to notify the parent, guardian, or person in loco parentis
under this subsection under any of the following circumstances:
(a) The minor is married. For medical reasons in the case of a
married minor, the treating physician, and on the advice and
direction of the treating physician, a physician, a member of the
medical staff of a hospital or clinic, or other health
professional, may notify the minor's spouse as to the treatment
given or needed under subsection (1). The information may be given
to the spouse without consent of the minor and notwithstanding the
express refusal of the minor to the providing of the information
under this subdivision.
(b) The minor is emancipated under section 4 of 1968 PA 293,
MCL 722.4.
(c) The notification would, in the treating physician's
professional opinion, compromise the minor's safety or ability to
seek the medical or surgical care, treatment, or services under
subsection (1).
(3) A spouse, parent, guardian, or person in loco parentis of
a minor is not financially responsible for surgical care,
treatment, or services provided under this section.
Sec. 6121. (1) The consent to the provision of substance abuse
related medical or surgical care, treatment, or services by a
hospital, clinic, or health professional authorized by law executed
by a minor who is or professes to be a substance abuser is valid
and binding as if the minor had achieved the age of majority. The
consent is not subject to later disaffirmance by reason of
minority. The consent of any other person, including a spouse,
parent, guardian, or person in loco parentis, is not necessary to
authorize these services to be provided to a minor.
(2)
For medical reasons Except
as otherwise provided in this
subsection, the treating physician, and on the advice and direction
of the treating physician, a member of the medical staff of a
hospital
or clinic, or other health professional, may,
but is not
obligated
to, inform the spouse, shall
notify the parent, guardian,
or person in loco parentis as to the treatment given to or needed
by
the minor under subsection (1). The
information may shall be
given
to or withheld from these persons the parent, guardian, or
person in loco parentis without consent of the minor and
notwithstanding the express refusal of the minor to the providing
of the information. A treating physician is not required to notify
the parent, guardian, or person in loco parentis under this
subsection under any of the following circumstances:
(a) The minor is married. For medical reasons in the case of a
married minor, the treating physician, and on the advice and
direction of the treating physician, a physician, a member of the
medical staff of a hospital or clinic, or other health
professional, may notify the minor's spouse as to the treatment
given or needed under subsection (1). The information may be given
to the spouse without consent of the minor and notwithstanding the
express refusal of the minor to the providing of the information
under this subdivision.
(b) The minor is emancipated under section 4 of 1968 PA 293,
MCL 722.4.
(c) The notification would, in the treating physician's
professional opinion, compromise the minor's safety or ability to
seek the medical or surgical care, treatment, or services under
subsection (1).
(3) A spouse, parent, guardian, or person in loco parentis of
a minor is not legally responsible for service provided under this
section.
Sec. 9132. (1) If a minor consents to the provision of
prenatal and pregnancy related health care or to the provision of
health care for a child of the minor by a health facility or agency
licensed under article 17 or a health professional licensed under
article 15, the consent shall be valid and binding as if the minor
had achieved the age of majority. The consent is not subject to
later disaffirmance by reason of minority. The consent of any other
person, including the putative father of the child or a spouse,
parent, guardian, or person in loco parentis, is not necessary to
authorize the provision of health care to a minor or to a child of
a minor.
(2) Before providing health care to a minor pursuant to this
section, a health facility or agency or a health professional shall
inform the minor that the putative father of the child or the
minor's spouse, parent, guardian, or person in loco parentis may be
notified pursuant to subsection (4).
(3) At the initial visit to the health facility or health
professional, permission shall be requested of the minor to contact
the
minor's parents for any additional medical information which
that may be necessary or helpful to the provision of proper health
care.
(4)
For medical reasons Except
as otherwise provided in this
subsection, the treating physician, and on the advice and direction
of the treating physician, a member of the medical staff of a
health
facility or agency, or other health professional, may,
but
is
not obligated to, inform the putative father of the child or the
spouse,
shall notify the parent, guardian, or person in loco
parentis and may notify the putative father as to the health care
given to or needed by an unmarried minor under subsection (1). The
information
may shall be given to or withheld from these persons
the parent, guardian, or person in loco parentis or may be given to
the putative father without consent of the unmarried minor and
notwithstanding the express refusal of the minor to the providing
of the information. A treating physician is not required to notify
the parent, guardian, or person in loco parentis or the putative
father under this subsection under any of the following
circumstances:
(a) The minor is married. For medical reasons in the case of a
married minor, the treating physician, and on the advice and
direction of the treating physician, a physician, a member of the
medical staff of a hospital or clinic, or other health
professional, may notify the minor's spouse as to the treatment
given or needed under subsection (1). The information may be given
to the spouse without consent of the minor and notwithstanding the
express refusal of the minor to the providing of the information
under this subdivision.
(b) The minor is emancipated under section 4 of 1968 PA 293,
MCL 722.4.
(c) The notification would, in the treating physician's
professional opinion, compromise the minor's safety or ability to
seek the medical or surgical care, treatment, or services under
subsection (1).
(5) As used in this section, "health care" means only
treatment or services intended to maintain the life and improve the
health of both the minor and the minor's child or fetus.