Bill Text: MI HB5769 | 2015-2016 | 98th Legislature | Introduced

Michigan House Bill 5769 (Prior Session Legislation)

Introduced

Bill Title: Human services; other; reference to certain departments in the public health code; update. Amends secs. 2501, 2640, 2701, 2723, 2882, 5131, 5456, 5474b, 5474b[1], 5656, 5887, 7203, 7411, 7421, 9141, 9701, 10301, 12103, 16204a, 16204d, 16241, 16281, 16315, 16625, 16807, 17015, 17020, 17520, 17745a, 17748c, 17775, 20106, 20115, 20156, 21313, 21332, 21601, 21716, 21766, 21773, 21777, 21799b, 21799c, 22205 & 22207 of 1978 PA 368 (MCL 333.2501 et seq.).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-09-07 - Referred To Second Reading [HB5769 Detail]

Download: Michigan-2015-HB5769-Introduced.html

HOUSE BILL No. 5769

July 13, 2016, Introduced by Reps. Kosowski, Heise, LaFontaine, Inman, Santana, Cox and Darany and referred to the Committee on Families, Children, and Seniors.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 2501, 2640, 2701, 2723, 2882, 5131, 5456,

5474b, 5474b[1], 5656, 5887, 7203, 7411, 7421, 9141, 9701, 10301,

12103, 16204a, 16204d, 16241, 16281, 16315, 16625, 16807, 17015,

17020, 17520, 17745a, 17748c, 17775, 20106, 20115, 20156, 21313,

21332, 21601, 21716, 21766, 21773, 21777, 21799b, 21799c, 22205,

and 22207 (MCL 333.2501, 333.2640, 333.2701, 333.2723, 333.2882,

333.5131, 333.5456, 333.5474b, 333.5474b[1], 333.5656, 333.5887,

333.7203, 333.7411, 333.7421, 333.9141, 333.9701, 333.10301,

333.12103, 333.16204a, 333.16204d, 333.16241, 333.16281, 333.16315,

333.16625, 333.16807, 333.17015, 333.17020, 333.17520, 333.17745a,

333.17748c, 333.17775, 333.20106, 333.20115, 333.20156, 333.21313,

333.21332, 333.21601, 333.21716, 333.21766, 333.21773, 333.21777,

333.21799b, 333.21799c, 333.22205, and 333.22207), section 2501 as

added by 2006 PA 137, section 2640 as amended and section 16281 as

added by 1998 PA 496, section 2701 as amended by 2014 PA 172,

section 2723 as amended by 2014 PA 173, section 2882 as amended by

2002 PA 691, section 5131 as amended by 2010 PA 119, section 5456

as amended by 2002 PA 644, section 5474b as added by 2004 PA 432,

section 5474b[1] as added by 2004 PA 433, section 5656 as amended

by 2001 PA 237, section 5887 as added by 2014 PA 122, section 7203

as amended by 2012 PA 182, section 7411 as amended by 2013 PA 223,

section 7421 as added by 2014 PA 311, section 9141 as added by 2004

PA 501, section 9701 as added by 2004 PA 250, section 10301 as

added by 2012 PA 179, section 12103 as amended by 2006 PA 260,

section 16204a as amended by 2001 PA 234, section 16204d as amended

by 2001 PA 241, section 16241 as amended and section 17748c as

added by 2014 PA 280, sections 16315 and 17775 as amended by 2013

PA 268, section 16625 as amended by 2005 PA 161, section 16807 as

added by 2004 PA 97, sections 17015 and 20115 as amended by 2012 PA

499, sections 17020 and 17520 as added by 2000 PA 29, section

17745a as amended by 1999 PA 190, section 20106 as amended by 2015

PA 104, section 20156 as amended by 2006 PA 195, section 21313 as

amended by 2012 PA 51, sections 21332 and 21716 as added and

section 21799b as amended by 2000 PA 437, section 21601 as added by

2014 PA 100, section 21766 as amended by 2001 PA 243, section 21773

as amended by 2001 PA 137, section 21777 as amended by 2004 PA 372,

section 21799c as amended by 1996 PA 546, and sections 22205 and

22207 as amended by 2002 PA 619.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2501. As used in this part:

(a) "Commission" means the health information technology

commission created under section 2503.

(b) "Department" means the department of ~~community~~ health and

human services.

Sec. 2640. (1) The department shall give prompt access to the

~~parentage registry to the family independence agency or its agent~~

central paternity registry to any of its agents for the purpose of

the ~~family independence agency's~~ department's duty to aid in the

establishment or enforcement of child support obligations. The

~~family independence agency~~ department or its agent may use or

disclose the information from the parentage registry in carrying

out that duty.

(2) Notwithstanding section 2637, if there is a compelling

need for medical records or information to determine whether child

abuse or child neglect has occurred or to take action to protect a

child where there may be a substantial risk of harm, the department

shall give access to ~~a family independence agency~~ the caseworker or

administrator directly involved in the investigation to the child's

medical records and information that are pertinent to the child

abuse or child neglect investigation. Medical records or

information disclosed under this section shall include the identity

of the individual to whom the record or information pertains.

(3) The department shall provide the access described by

subsection (2) only upon receipt of a written request from a

caseworker or administrator directly involved in the investigation

and shall provide that access within 14 calendar days after the

record holder receives the written request. The department shall

provide that access regardless of the consent of the person from

whom consent would otherwise be required.

(4) To the extent not protected by the immunity conferred by

1964 PA 170, MCL 691.1401 to ~~691.1415,~~ 691.1419, an individual who

in good faith provides access to medical records or information

under subsection (2) is immune from civil or administrative

liability arising from that conduct, unless the conduct was gross

negligence or willful and wanton misconduct.

(5) This section does not apply to a report, record, datum, or

information whose confidentiality and disclosure are governed by

section 5131.

Sec. 2701. As used in this part:

(a) "Board certified" means certified to practice in a

particular medical ~~speciality~~ specialty by a national board

recognized by the American ~~board of medical specialties~~ Board of

Medical Specialties or the American ~~osteopathic~~

~~association.~~Osteopathic Association.

(b) "Certified nurse midwife" means an individual licensed as

a registered professional nurse under part 172 who has been issued

a specialty certification in the practice of nurse midwifery by the

board of nursing under section 17210.

licensed as a registered professional nurse under part 172 who has

been issued a specialty certification as a nurse practitioner by

the board of nursing under section 17210.

(d) "Dental school" means an accredited program for the

training of individuals to become dentists.

(e) "Dentist" means an individual licensed to engage in the

practice of dentistry under part 166.

(f) "Designated nurse" means a certified nurse midwife or

certified nurse practitioner.

(g) "Designated physician" means a physician qualified in 1 of

the physician specialty areas identified in section 2711.

(h) "Designated professional" means a designated physician,

designated nurse, dentist, or physician's assistant.

(i) "Health resource shortage area" means a geographic area,

population group, or health facility designated by the department

under section 2717.

(j) "Medicaid" means benefits under the program of medical

assistance established under title XIX of the social security act,

42 USC 1396 to 1396w-5, and administered by the department ~~of human~~

~~services~~ under the social welfare act, 1939 PA 280, MCL 400.1 to

400.119b.

(k) "Medical school" means an accredited program for the

training of individuals to become physicians.

(l) "Medicare" means benefits under the federal ~~medicare~~

Medicare program established under title XVIII of the social

security act, 42 USC 1395 to ~~1395kkk-1~~ 1395lll.

(m) "National health service corps" means the agency

established under 42 USC 254d.

(n) "Nurse" means an individual licensed to engage in the

practice of nursing under part 172.

(o) "Nursing program" means an accredited program for the

training of individuals to become nurses.

(p) "Physician" means an individual licensed as a physician

under part 170 or an osteopathic physician under part 175.

(q) "Physician's assistant" means an individual licensed as a

physician's assistant under part 170 or part 175.

(r) "Physician's assistant program" means an accredited

program for the training of individuals to become physician's

assistants.

(s) "Service obligation" means the contractual obligation

undertaken by an individual under section 2705 or section 2707 to

provide health care services for a determinable time period at a

site designated by the department.

Sec. 2723. (1) The department may promulgate rules necessary

for the implementation of the department's functions under this

part.

(2) The department shall report biennially to the house and

senate appropriations subcommittees on the department, ~~of community~~

~~health,~~ the house and senate fiscal agencies, the governor, the

state health planning council, and the public health advisory

council on the status of the Michigan essential health provider

recruitment strategy for the preceding 2 years. In addition to the

status report, the report shall include, but not be limited to, all

of the following:

(a) Review of state and federal legislation, rules,

guidelines, and policy directives affecting the health personnel of

health resource shortage areas.

(b) Recommendations concerning physician specialty areas or

other health professions for inclusion in the Michigan essential

health provider recruitment strategy based upon a determination of

the need for various types of health care providers in this state.

repayment an individual may receive under section 2705(3) is

sufficient to facilitate the placement and retention of designated

professionals in health resource shortage areas, or whether that

maximum amount should be adjusted to reflect changes in tuition

costs for students enrolled in medical schools, dental schools,

nursing programs, or physician's assistant programs.

(d) An analysis of the return on investment and effectiveness

of the grant program under section 2707 and the essential health

provider repayment program under section 2705.

Sec. 2882. (1) Except as otherwise provided in section 2890,

upon written request and payment of the prescribed fee, the state

registrar or local registrar shall issue the appropriate 1 of the

following:

(a) A certified copy of a live birth record, an affidavit of

parentage filed after June 1, 1997, or a record of stillbirth filed

after June 1, 2003 to 1 of the following:

(i) The individual who is the subject of the record.

(ii) A parent named in the record.

(iii) An heir, a legal representative, or a legal guardian of

the individual who is the subject of the record.

(iv) A court of competent jurisdiction.

(b) If the live birth record is 100 or more years old, a

certified copy of the live birth record to any applicant.

death, to any applicant.

(d) A certified copy of a marriage or divorce record to any

applicant, except as provided by rule.

(e) A certified copy of a fetal death record that was filed

before September 30, 1978, to any applicant.

(2) Upon written request of an adult who has been adopted and

payment of the prescribed fee, the state registrar shall issue to

that individual a copy of his or her original certificate of live

birth, if the written request identifies the name of the adult

adoptee and is accompanied by a copy of a central adoption registry

clearance reply form that was completed by the ~~family independence~~

~~agency~~ department and delivered to that individual as required by

section 68(9) of the Michigan adoption code, chapter X of the

probate code of 1939, 1939 PA 288, MCL 710.68.

(3) Upon written request of a confidential intermediary

appointed under section 68b of the Michigan adoption code, chapter

X of the probate code of 1939, 1939 PA 288, MCL 710.68b,

presentation of a certified copy of the order of appointment,

identification of the name of the adult adoptee, and payment of the

required fee, the state registrar shall issue to the confidential

intermediary a copy of the original certificate of live birth of

the adult adoptee on whose behalf the intermediary was appointed.

(4) A copy of the original certificate of live birth provided

under subsection (2) or (3) shall have the following phrase marked

on the face of the copy: "This document is a copy of a sealed

record and is not the active birth certificate of the individual

whose name appears on this document".

Sec. 5131. (1) All reports, records, and data pertaining to

testing, care, treatment, reporting, and research, and information

pertaining to partner notification under section 5114a, that are

associated with the serious communicable diseases or infections of

HIV infection and acquired immunodeficiency syndrome are

confidential. A person shall release reports, records, data, and

information described in this subsection only ~~pursuant~~ according to

this section.

(2) Except as otherwise provided by law, the test results of a

test for HIV infection or acquired immunodeficiency syndrome and

the fact that such a test was ordered is information that is

subject to section 2157 of the revised judicature act of 1961, 1961

PA 236, MCL 600.2157.

(3) The disclosure of information pertaining to HIV infection

or acquired immunodeficiency syndrome in response to a court order

and subpoena is limited to only the following cases and is subject

to all of the following restrictions:

(a) A court that is petitioned for an order to disclose the

information shall determine both of the following:

(i) That other ways of obtaining the information are not

available or would not be effective.

(ii) That the public interest and need for the disclosure

outweigh the potential for injury to the patient.

(b) If a court issues an order for the disclosure of the

information, the order shall do all of the following:

(i) Limit disclosure to those parts of the patient's record

that are determined by the court to be essential to fulfill the

objective of the order.

(ii) Limit disclosure to those persons whose need for the

information is the basis for the order.

(iii) Include ~~such~~ other measures as considered necessary by

the court to limit disclosure for the protection of the patient.

(4) A person who releases information pertaining to HIV

infection or acquired immunodeficiency syndrome to a legislative

body shall not identify in the information a specific individual

who was tested or is being treated for HIV infection or acquired

immunodeficiency syndrome.

(5) Subject to subsection (7), subsection (1) does not apply

to the following:

(a) Information pertaining to an individual who is HIV

infected or has been diagnosed as having acquired immunodeficiency

syndrome, if the information is disclosed to the department, a

local health department, or other health care provider for 1 or

more of the following purposes:

(i) To protect the health of an individual.

(ii) To prevent further transmission of HIV.

(iii) To diagnose and care for a patient.

(b) Information pertaining to an individual who is HIV

infected or has been diagnosed as having acquired immunodeficiency

syndrome, if the information is disclosed by a physician or local

health officer to an individual who is known by the physician or

local health officer to be a contact of the individual who is HIV

infected or has been diagnosed as having acquired immunodeficiency

syndrome, if the physician or local health officer determines that

the disclosure of the information is necessary to prevent a

reasonably foreseeable risk of further transmission of HIV. This

subdivision imposes an affirmative duty upon a physician or local

health officer to disclose information pertaining to an individual

who is HIV infected or has been diagnosed as having acquired

immunodeficiency syndrome to an individual who is known by the

physician or local health officer to be a contact of the individual

who is HIV infected or has been diagnosed as having acquired

immunodeficiency syndrome. A physician or local health officer may

discharge the affirmative duty imposed under this subdivision by

referring the individual who is HIV infected or has been diagnosed

as having acquired immunodeficiency syndrome to the appropriate

local health department for assistance with partner notification

under section 5114a. The physician or local health officer shall

include as part of the referral the name and, if available, address

and telephone number of each individual known by the physician or

local health officer to be a contact of the individual who is HIV

infected or has been diagnosed as having acquired immunodeficiency

syndrome.

infected or has been diagnosed as having acquired immunodeficiency

syndrome, if the information is disclosed by an authorized

representative of the department or by a local health officer to an

employee of a school district, and if the department representative

or local health officer determines that the disclosure is necessary

to prevent a reasonably foreseeable risk of transmission of HIV to

pupils in the school district. An employee of a school district to

whom information is disclosed under this subdivision is subject to

subsection (1).

(d) Information pertaining to an individual who is HIV

infected or has been diagnosed as having acquired immunodeficiency

syndrome, if the disclosure is expressly authorized in writing by

the individual. This subdivision applies only if the written

authorization is specific to HIV infection or acquired

immunodeficiency syndrome. If the individual is a minor or

incapacitated, the written authorization may be executed by the

parent or legal guardian of the individual.

(e) Information disclosed under section 5114, 5114a, 5119(3),

5129, 5204, or 20191 or information disclosed as required by rule

promulgated under section 5111.

(f) Information pertaining to an individual who is HIV

infected or has been diagnosed as having acquired immunodeficiency

syndrome, if the information is part of a report required under the

child protection law, 1975 PA 238, MCL 722.621 to 722.638.

(g) Information pertaining to an individual who is HIV

infected or has been diagnosed as having acquired immunodeficiency

syndrome, if the information is disclosed by the department, of

~~human services,~~ the probate court, or a child placing agency in

order to care for a minor and to place the minor with a child care

organization licensed under 1973 PA 116, MCL 722.111 to 722.128.

The person disclosing the information shall disclose it only to the

director of the child care organization or, if the child care

organization is a private home, to the individual who holds the

license for the child care organization. An individual to whom

information is disclosed under this subdivision is subject to

subsection (1). As used in this subdivision, "child care

organization" and "child placing agency" mean those terms as

defined in section 1 of 1973 PA 116, MCL 722.111.

(6) A person who releases the results of an HIV test or other

information described in subsection (1) in compliance with

subsection (5) is immune from civil or criminal liability and

administrative penalties including, but not limited to, licensure

sanctions, for the release of that information.

(7) A person who discloses information under subsection (5)

shall not include in the disclosure information that identifies the

individual to whom the information pertains, unless the identifying

information is determined by the person making the disclosure to be

reasonably necessary to prevent a foreseeable risk of transmission

of HIV. This subsection does not apply to information disclosed

under subsection (5)(d), (f), or (g).

(8) A person who violates this section is guilty of a

misdemeanor, punishable by imprisonment for not more than 1 year or

a fine of not more than $5,000.00, or both, and is liable in a

civil action for actual damages or $1,000.00, whichever is greater,

and costs and reasonable attorney fees. This subsection also

applies to the employer of a person who violates this section,

unless the employer had in effect at the time of the violation

reasonable precautions designed to prevent the violation.

Sec. 5456. ~~(1) "Department" means the department of community~~

~~health.~~

(1) ~~(2)~~ "Deteriorated paint" means paint or other surface

coating that is cracking, flaking, chipping, peeling, or otherwise

damaged or separating from the substrate of a building component.

(2) ~~(3)~~ "Discipline" means 1 of the specific types or

categories of lead-based paint activities identified in this part

for which an individual may receive training from an accredited

training program and become certified by the department.

(3) ~~(4)~~ "Distinct painting history" means the application

history, as indicated by its visual appearance or a record of

application, over time of paint or other surface coatings to a

component or room.

(4) ~~(5)~~ "Documented methodology" means a method or protocol

used to do either or both of the following:

(a) Sample and test for the presence of lead in paint, dust,

and soil.

(b) Perform related work practices as described in rules

promulgated under this part.

(5) ~~(6)~~ "Dust lead hazard" means surface dust in a residential

dwelling or ~~child occupied~~ child-occupied facility that contains a

concentration of lead at or in excess of levels identified by the

EPA pursuant to section 403 of title IV of the toxic substances

control act, Public Law 94-469, 15 ~~U.S.C.~~ USC 2683, or as otherwise

defined by rule.

(6) ~~(7)~~ "Elevated blood level" or "EBL" means for purposes of

lead abatement an excessive absorption of lead that is a confirmed

concentration of lead in whole blood of 20 ug/dl, micrograms of

lead per deciliter of whole blood, for a single venous test or of

15-19 ug/dl in 2 consecutive tests taken 3 to 4 months apart. For

purposes of case management of children 6 years of age or less,

elevated blood level means an excessive absorption of lead that is

a confirmed concentration of lead in whole blood of 10 ug/dl.

(7) ~~(8)~~ "Encapsulant" means a substance that forms a barrier

between lead-based paint and the environment using a liquid-applied

coating, with or without reinforcement materials, or an adhesively

bonded covering material.

(8) ~~(9)~~ "Encapsulation" means the application of an

encapsulant.

(9) ~~(10)~~ "Enclosure" means the use of rigid, durable

construction materials that are mechanically fastened to the

substrate in order to act as a barrier between lead-based paint and

the environment.

(10) ~~(11)~~ "EPA" means the United States ~~environmental~~

~~protection agency.~~Environmental Protection Agency.

Sec. 5474b. (1) The department in cooperation with ~~the family~~

~~independence agency and~~ the Michigan state housing development

authority shall establish and maintain a registry, to be known as

the "lead safe housing registry", to provide the public with a

listing of residential and multifamily dwellings and ~~child occupied~~

child-occupied facilities that have been abated of or have had

interim controls performed to control lead-based paint hazards as

determined through a lead-based paint investigation performed by a

certified risk assessor certified under this part.

(2) The owner of target housing that is offered for rent or

lease as a residence or the owner of a ~~child occupied~~ child-

occupied facility shall register that property with the department

if that property has been abated of or has had interim controls

performed to control lead-based paint hazards as determined through

a lead-based paint investigation performed by a certified risk

assessor certified under this part in a form as prescribed by the

department free of charge. The form shall include, at a minimum,

the following:

(a) Name of the owner of the building.

(b) Address of the building.

(d) Date and description of any lead-based paint activity

including the name of the certified abatement worker or the

certified risk assessor certified under this part who performed the

abatement or conducted the inspection, lead-hazard screen,

assessment, or clearance testing of the building and the results of

the lead-based paint activity.

(3) An owner required to register his or her property under

subsection (2) shall provide the department with a copy of each

report, document, or other information that is required to be filed

with the federal government under federal law and regulations

related to lead-based paint.

(4) The owner of any other residential or multifamily dwelling

that is offered for rent or lease as a residence or the owner of a

~~child occupied~~ child-occupied facility may register that property

with the department and the department shall include that property

on the lead safe housing registry. A person who wishes to register

under this subsection shall execute and return the registration

form to the department with payment of the registration fee in an

amount as prescribed by the department.

(5) The department shall publish the lead safe housing

registry on its website and provide a copy of the registry to a

person upon request. The department may charge a reasonable, cost-

based fee for providing copies of the lead safe housing registry

under this subsection.

Sec. 5474b[1]. (1) The department in cooperation with ~~the~~

~~family independence agency and~~ the Michigan state housing

development authority shall establish and maintain a registry, to

be known as the "lead safe housing registry", to provide the public

with a listing of residential and multifamily dwellings and ~~child~~

~~occupied~~ child-occupied facilities that have been abated of or have

had interim controls performed to control lead-based paint hazards

as determined through a lead-based paint investigation performed by

a certified risk assessor certified under this part.

(2) The owner of target housing that is offered for rent or

lease as a residence or the owner of a ~~child occupied~~ child-

occupied facility shall register that property with the department

if that property has been abated of or has had interim controls

performed to control lead-based paint hazards as determined through

a lead-based paint investigation performed by a certified risk

assessor certified under this part in a form as prescribed by the

department free of charge. The form shall include, at a minimum,

the following:

(a) Name of the owner of the building.

(b) Address of the building.

(d) Date and description of any lead-based paint activity

including the name of the certified abatement worker or the

certified risk assessor certified under this part who performed the

abatement or conducted the inspection, lead-hazard screen,

assessment, or clearance testing of the building and the results of

the lead-based paint activity.

(3) An owner required to register his or her property under

subsection (2) shall provide the department with a copy of each

report, document, or other information that is required to be filed

with the federal government under federal law and regulations

related to lead-based paint.

(4) The owner of any other residential or multifamily dwelling

that is offered for rent or lease as a residence or the owner of a

~~child occupied~~ child-occupied facility may register that property

with the department and the department shall include that property

on the lead safe housing registry. A person who wishes to register

under this subsection shall execute and return the registration

form to the department with payment of the registration fee in an

amount as prescribed by the department.

(5) The department shall publish the lead safe housing

registry on its website and provide a copy of the registry to a

person upon request. The department may charge a reasonable, cost-

based fee for providing copies of the lead safe housing registry

under this subsection.

Sec. 5656. (1) ~~By July 1, 2002, the~~ The department of

~~community health~~ shall develop and publish an updated standardized,

written summary that contains all of the information required under

section 5655.

(2) The department shall develop the updated standardized,

written summary in consultation with appropriate professional and

other organizations. The department shall draft the summary in

nontechnical terms that a patient, patient surrogate, or patient

advocate can easily understand.

(3) The department shall make the updated standardized,

written summary described in subsection (1) available to physicians

through the Michigan board of medicine and the Michigan board of

osteopathic medicine and surgery created in article 15. The

Michigan board of medicine and the Michigan board of osteopathic

medicine and surgery shall notify in writing each physician subject

to this part of the requirements of this part and the availability

of the updated standardized, written summary within 10 days after

the updated standardized, written summary is published.

Sec. 5887. The department ~~and the department of human services~~

shall ~~collaborate to~~ do all of the following:

(a) Work to improve community-based services available to

inform parents regarding the risk factors associated with infant

death due to unsafe sleep practices and infant safe sleep

practices.

(b) Work with other state and local governmental agencies,

community organizations, health care and human service providers,

and national organizations to coordinate efforts and maximize state

and private resources in education regarding the risk factors

associated with infant death due to unsafe sleep practices and

infant safe sleep practices.

explain the risk factors associated with infant death due to unsafe

sleep practices, that include methods to reduce the risk of infant

death due to unsafe sleep, and that emphasize infant safe sleep

practices.

Sec. 7203. (1) After considering the factors enumerated in

section 7202(1), the administrator shall make findings with respect

to those factors and promulgate a rule controlling the substance if

the administrator finds the substance has a potential for abuse.

(2) If the administrator is notified in writing by the

director of the department ~~of community health~~ under section 2251

that a substance constitutes an imminent danger as defined in that

section, the administrator shall consider the factors enumerated in

section 7202(1) and (2) and make findings with respect to those

factors and may do either or both of the following:

(a) Proceed under section 48(2) of the administrative

procedures act of 1969, ~~1969 PA 306,~~ MCL ~~28.248,~~ 24.248, to

schedule or reschedule the substance as a controlled substance by

emergency rule.

(b) Initiate and pursue the process to promulgate a rule

controlling the substance.

(3) The administrator may extend an emergency rule processed

under subsection (2)(a) by filing a certificate of extension with

the office of secretary of state before the expiration of the

emergency rule as provided in section 48(2) of the administrative

procedures act of 1969, MCL 24.248.

(4) If the administrator designates a substance as an

immediate precursor, a substance that is a precursor of the

controlled precursor is not subject to control solely because it is

a precursor of the controlled precursor.

Sec. 7411. (1) When an individual who has not previously been

convicted of an offense under this article or under any statute of

the United States or of any state relating to narcotic drugs, coca

leaves, marihuana, or stimulant, depressant, or hallucinogenic

drugs, pleads guilty to or is found guilty of possession of a

controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c),

or (d), or of use of a controlled substance under section 7404, or

possession or use of an imitation controlled substance under

section 7341 for a second time, the court, without entering a

judgment of guilt with the consent of the accused, may defer

further proceedings and place the individual on probation upon

terms and conditions that shall include, but are not limited to,

payment of a probation supervision fee as prescribed in section 3c

of chapter XI of the code of criminal procedure, 1927 PA 175, MCL

771.3c. The terms and conditions of probation may include

participation in a drug treatment court under chapter 10A of the

revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to

600.1084. Upon violation of a term or condition, the court may

enter an adjudication of guilt and proceed as otherwise provided.

Upon fulfillment of the terms and conditions, the court shall

discharge the individual and dismiss the proceedings. Discharge and

dismissal under this section shall be without adjudication of guilt

and, except as otherwise provided by law, is not a conviction for

purposes of this section or for purposes of disqualifications or

disabilities imposed by law upon conviction of a crime, including

the additional penalties imposed for second or subsequent

convictions under section 7413. There may be only 1 discharge and

dismissal under this section as to an individual.

(2) All court proceedings under this section shall be open to

the public. Except as provided in subsection (3), if the record of

proceedings as to the defendant is deferred under this section, the

record of proceedings during the period of deferral shall be closed

to public inspection.

(3) Unless the court enters a judgment of guilt under this

section, the department of state police shall retain a nonpublic

record of the arrest, court proceedings, and disposition of the

criminal charge under this section. ~~However, the~~ The nonpublic

record shall be open to the following individuals and entities for

the purposes noted:

(a) The courts of this state, law enforcement personnel, the

department of corrections, and prosecuting attorneys for use only

in the performance of their duties or to determine whether an

employee of the court, law enforcement agency, department of

corrections, or prosecutor's office has violated his or her

conditions of employment or whether an applicant meets criteria for

employment with the court, law enforcement agency, department of

corrections, or prosecutor's office.

(b) The courts of this state, law enforcement personnel, and

prosecuting attorneys for the purpose of showing either of the

following:

(i) That a defendant has already once availed himself or

herself of this section.

(ii) Determining whether the defendant in a criminal action is

eligible for discharge and dismissal of proceedings by a drug

treatment court under section 1076(5) of the revised judicature act

of 1961, 1961 PA 236, MCL 600.1076.

protection laws and vulnerable adult protection laws or

ascertaining the preemployment criminal history of any individual

who will be engaged in the enforcement of child protection laws or

vulnerable adult protection laws.

(4) For purposes of this section, a person subjected to a

civil fine for a first violation of section 7341(4) shall not be

considered to have previously been convicted of an offense under

this article.

(5) Except as provided in subsection (6), if an individual is

convicted of a violation of this article, other than a violation of

section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the

court as part of the sentence, during the period of confinement or

the period of probation, or both, may require the individual to

attend a course of instruction or rehabilitation program approved

by the department on the medical, psychological, and social effects

of the misuse of drugs. The court may order the individual to pay a

fee, as approved by the director, for the instruction or program.

Failure to complete the instruction or program shall be considered

a violation of the terms of probation.

(6) If an individual is convicted of a second violation of

section 7341(4), before imposing sentence under subsection (1), the

court shall order the person to undergo screening and assessment by

a person or agency designated by the office of ~~substance abuse~~

~~services,~~ recovery oriented systems of care to determine whether

the person is likely to benefit from rehabilitative services,

including alcohol or drug education and alcohol or drug treatment

programs. As part of the sentence imposed under subsection (1), the

court may order the person to participate in and successfully

complete 1 or more appropriate rehabilitative programs. The person

shall pay for the costs of the screening, assessment, and

rehabilitative services. Failure to complete a program shall be

considered a violation of the terms of the probation.

Sec. 7421. By February 1 each year, the department of

~~community health~~ shall ascertain, document, and publish a report on

the number, trends, patterns, and risk factors related to opioid-

related overdose fatalities that occurred in this state in the

preceding calendar year. The department shall include in the report

information on interventions that would be effective in reducing

the rate of fatal or nonfatal opioid-related overdoses in this

state.

Sec. 9141. (1) The department shall establish and administer a

grant program to provide grants for the purchase of ultrasound

equipment. The department shall use the grant program to make

grants to qualified entities that apply for a grant and that do not

have at least 2 ultrasound machines.

(2) The ultrasound equipment fund is created within the state

treasury. The state treasurer may receive money or other assets

from any source for deposit into the fund including, but not

limited to, state revenues, federal money, gifts, bequests,

donations, and money from any other source provided by law. The

state treasurer shall direct the investment of the fund. The state

treasurer shall credit to the fund interest and earnings from fund

investments. Money in the fund at the close of the fiscal year

shall remain in the fund and shall not lapse to the general fund.

(3) The department shall use the fund to make grants as

provided under subsection (1) for the purchase of ultrasound

equipment and to cover the administrative costs of the department

and the department of treasury in implementing and administering

this grant program. An application for a grant under the grant

program shall be made on a form or format prescribed by the

department. The department may require the applicant to provide

information reasonably necessary to allow the department to make a

determination required under this section. In making its

determination, the department shall give priority to those

applicants that do not have an ultrasound machine or that have only

1 ultrasound machine that is outdated based on industry standards.

The director of the department ~~shall have~~ has final approval of

grants made under this section and the grants shall only be

approved if the money is available in the fund.

(4) A cash match of at least 50% of the grant or other

repayment guarantee with a dedicated funding source is required

before a grant can be awarded.

(5) The department shall not make a grant to a qualified

entity for the purchase of ultrasound equipment unless the

following conditions are met:

(a) The entity provides family planning or reproductive health

services to low-income women at no cost or at a reduced cost.

(b) The entity agrees to comply with each of the following:

(i) Shall have at least 1 ultrasound monitor that is fully

accessible to the pregnant woman to view during the performance of

her ultrasound.

(ii) Inform each pregnant woman upon whom the ultrasound

equipment is used that she has the right to view the ultrasound

image.

(iii) If the ultrasound equipment is capable, inform each

pregnant woman upon whom the ultrasound equipment is used that she

has the right to record the ultrasound image for her own records if

she provides the entity with the videocassette, film, or other

medium now known or later developed on which images can be recorded

or otherwise stored.

(iv) Certify in writing that the woman was offered an

opportunity to view the ultrasound image, obtain the woman's

acceptance or rejection to view the image in writing, and maintain

a copy of each in the woman's medical file.

(v) Shall not use the ultrasound equipment to assist in the

performance of an elective abortion.

(vi) Shall have a trained medical professional or a qualified

medical director on staff to perform the ultrasound.

(6) The department shall annually prepare a report summarizing

the grants made under this section, contractual commitments made

and achieved, and a preliminary evaluation of the effectiveness of

this section and shall provide a copy of this report to the chairs

of the house and senate appropriations subcommittees for the

department. ~~of community health.~~

(7) The department may promulgate rules under the

administrative procedures act of 1969 to implement this grant

program.

(8) As used in this section:

~~(a) "Department" means the department of community health.~~

(a) ~~(b)~~ "Elective abortion" means the performance of a

procedure involving the intentional use of an instrument, drug, or

other substance or device to terminate a woman's pregnancy for a

purpose other than to increase the probability of a live birth, to

preserve the life or health of the child after live birth, or to

remove a dead fetus. Elective abortion does not include either of

the following:

(i) The use or prescription of a drug or device intended as a

contraceptive.

(ii) The intentional use of an instrument, drug, or other

substance or device by a physician to terminate a woman's pregnancy

if the woman's physical condition, in the physician's reasonable

medical judgment, necessitates the termination of the woman's

pregnancy to avert her death.

(b) ~~(c)~~ "Entity" means a local agency, organization, or

corporation or a subdivision, contractee, subcontractee, or grant

recipient of a local agency, organization, or corporation.

under subsection (2).

(d) ~~(e)~~ "Qualified entity" means an entity reviewed and

determined by the department ~~of community health~~ to satisfy all of

the conditions required under subsection (5) and to be technically

and logistically capable of providing the quality and quantity of

services required within a cost range considered appropriate by the

department.

Sec. 9701. As used in this part:

(a) "Committee" means the Michigan pharmacy and therapeutics

committee established by Executive Order No. 2001-8 and by section

9705.

(b) "Controlled substance" means that term as defined in

section 7104.

~~(c) "Department" means the department of community health.~~

(d) ~~(e)~~ "Initiative" means the pharmaceutical best practices

initiative established by this part.

(e) ~~(f)~~ "Medicaid" means the program of medical assistance

established under title XIX of the social security act, 42 USC 1396

to ~~1396v.~~1396w-5.

(f) ~~(g)~~ "Pharmacist" means an individual licensed by this

state to engage in the practice of pharmacy under article 15.

(g) ~~(h)~~ "Physician" means an individual licensed by this state

to engage in the practice of medicine or osteopathic medicine and

surgery under article 15.

(h) ~~(i)~~ "Prescriber" means a licensed dentist, a licensed

doctor of medicine, a licensed doctor of osteopathic medicine and

surgery, a licensed doctor of podiatric medicine and surgery, a

licensed optometrist certified under part 174 to administer and

prescribe therapeutic pharmaceutical agents, or another licensed

health professional acting under the delegation and using,

recording, or otherwise indicating the name of the delegating

licensed doctor of medicine or licensed doctor of osteopathic

medicine and surgery.

(i) ~~(j)~~ "Prescription" means that term as defined in section

17708.

(j) ~~(k)~~ "Prescription drug" means that term as defined in

section 17708.

(k) (l) "Type II transfer" means that term as defined in

section 3 of the executive organization act of 1965, 1965 PA 380,

MCL 16.103.

Sec. 10301. (1) The department may create, operate, and

maintain the peace of mind registry, which shall contain the

directives of voluntary registrants who are residents of this

state. The peace of mind registry shall be created, operated, and

maintained as provided in this act.

(2) The department may by contract delegate the creation,

operation, and maintenance of a peace of mind registry to a peace

of mind registry organization contingent upon the peace of mind

registry organization incurring all of the cost related to design,

maintain, and operate the registry.

(3) Both of the following conditions apply to a directive:

(a) A directive may be submittable through the United States

mail, or through uploaded portable document format (PDF) or another

secure electronic format as determined by the department.

(b) A directive shall contain a signature line for the

registrant.

(4) The peace of mind registry shall meet all of the following

requirements:

(a) Be accessible to registrants, health care providers, and

the department by way of a designated user identification and

password.

(b) Store all an individual's directive. ~~However, the~~ The most

recently signed directive supersedes any earlier directive.

continuous basis at no cost to the health care providers and allow

health care providers to transmit directives into their respective

electronic medical records.

(d) Provide electronic storage and access to directives

submitted at no cost to the registrant.

(e) Include a unique identifier-searchable database,

including, but not limited to, the last 4 digits of an individual's

social security number and the individual's date of birth and

address.

(5) The department , and the secretary of state ~~, and the~~

~~department of human services~~ shall each provide on its public

website information on directives and the peace of mind registry.

The department , and the secretary of state ~~, and the department of~~

~~human services~~ shall promote public awareness of the advantages of

creating directives and the availability of the registry.

(6) The peace of mind registry shall satisfy all of the

following conditions to the satisfaction of the department:

(a) Maintain a record of each individual who files a directive

to be stored in the peace of mind registry and make the record

available to the department.

(b) Create and provide forms for the registration of a

directive.

(7) The department and the peace of mind registry organization

shall ensure the privacy and security of all documents and

information submitted to, transmitted from, or stored in the peace

of mind registry. The department and any person who accesses the

peace of mind registry shall comply with all other provisions of

this act and any other law of this state or federal law

establishing privacy and security standards applicable to health or

other personal identifying information.

(8) Information in the peace of mind registry shall not be

accessed or used for any purpose unrelated to decision making for

health care or disposition of human remains, except that the

information may be used solely by the department or its designee

for statistical or analytical purposes if the individual's identity

is not revealed and all personal identifying information remains

confidential.

(9) The department or its designee shall provide both of the

following to an individual who files a directive with the peace of

mind registry to be stored in the registry:

(a) A wallet-sized card indicating that the holder has a

directive in the registry.

(b) An electronic mail message or postcard indicating

confirmation of the registration of a directive.

(10) By January 31 of each year, the department or peace of

mind organization, as applicable, shall report to the standing

committees of the house of representatives and senate on health

policy stating the total number of current and new registrants who

have submitted directives during the preceding calendar year.

(11) The department may promulgate rules under the

administrative procedures act of 1969 ~~, 1969 PA 306, MCL 24.201 to~~

~~24.328,~~ to provide for the implementation and administration of

this section.

(12) A peace of mind registry organization, with which the

department has contracted under subsection (2), and its employees

are immune from civil liability arising from the accuracy or

content of the registry, except in the case of willful negligence

or gross negligence.

(13) A directive that was filed with and stored in the peace

of mind registry shall not be considered to be of greater legal

weight or validity solely by virtue of that filing and storage.

(14) As used in this section:

~~(a) "Department" means the department of community health.~~

(a) ~~(b)~~ "Directive" means a document that is registered or

filed with the peace of mind registry as provided in this act and

that is either of the following:

(i) A durable power of attorney and designation of patient

advocate under part 5 of article V of the estates and protected

individuals code, 1998 PA 386, MCL 700.5501 to 700.5520.

(ii) A signed or authorized record concerning an anatomical

gift containing a donor's direction concerning a health care

decision for the donor under the revised uniform anatomical gift

law, sections 10101 to 10123.

(b) ~~(c)~~ "Health care provider" means any of the following:

(i) A health professional licensed, registered, or otherwise

authorized to engage in a health profession under part 170, 172, or

175, or a law of another state substantially similar to part 170,

172, or 175.

(ii) A health facility or agency licensed or certified under

article 17 or a law of another state substantially similar to

article 17.

internet website containing access to directives as provided under

this act.

(d) ~~(e)~~ "Peace of mind registry organization" means an

organization certified or recertified by the secretary of the

United States ~~department of health and human services~~ Department of

Health and Human Services as a qualified organ procurement

organization under 42 USC 273(b), or its successor organization.

(e) ~~(f)~~ "Sign" means that, with the present intent to

authenticate or adopt a record, an individual does either of the

following:

(i) Executes or adopts a tangible symbol.

(ii) Attaches to or logically associates with the record an

electronic symbol, sound, or process.

Sec. 12103. (1) The department of environmental quality shall

serve as the environmental health agency for this state to

facilitate a uniform approach to environmental health by the

various public and private entities involved in that field and

shall:

(a) Advise the governor, boards, commissions, and state

agencies on matters of the environment as those matters affect the

health of the people of this state.

(b) Cooperate with and provide environmental health resource

support to state and local health planning agencies and other

state, district, and local agencies mandated by law or otherwise

designated to develop, maintain, or administer state and local

health programs and plans, and other public and private entities

involved in environmental health activities.

evaluate conditions which represent potential and actual

environmental health hazards, reporting its findings to appropriate

state departments and local jurisdictions, and to the public as

necessary.

(d) Provide an environmental health policy for the state and

an environmental health services plan to include environmental

health activities of local health jurisdictions.

(e) Serve as the central repository and clearinghouse for the

collection, evaluation, and dissemination of data and information

on environmental health hazards, programs, and practices.

(2) ~~Within 6 months after the effective date of the amendatory~~

~~act that added this subsection, the~~ The department, ~~of community~~

~~health,~~ in consultation with the department of environmental

quality, shall develop a cleanup of clandestine drug labs guidance

document that includes, but is not limited to, detailed protocols

for the preliminary site assessment, remediation, and post-cleanup

assessment of indoor environments and structures and cleanup

criteria based on human health risk that is similar to the cleanup

criteria derived under section 20120a of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.20120a, and

shall promulgate rules and procedures necessary to implement

subsection (3). The department ~~of community health~~ shall make the

guidance document available to the public on its website and, upon

request from a local health department, shall provide that local

health department with a physical copy of the guidance document.

(3) Within 48 hours of discovering an illegal drug

manufacturing site, a state or local law enforcement agency shall

notify the local health department and the department ~~of community~~

~~health~~ regarding the potential contamination of any property or

dwelling that is or has been the site of illegal drug

manufacturing. The state or local law enforcement agency shall post

a written warning on the premises stating that potential

contamination exists and may constitute a hazard to the health or

safety of those who may occupy the premises. Within 14 days after

receipt of the notification under this subsection or as soon

thereafter as practically possible, the department, ~~of community~~

~~health,~~ in cooperation with the local health department, shall

review the information received from the state or local law

enforcement agency, emergency first responders, or hazardous

materials team that was called to the site and make a determination

regarding whether the premises are likely to be contaminated and

whether that contamination may constitute a hazard to the health or

safety of those who may occupy the premises. The fact that property

or a dwelling has been used as a site for illegal drug

manufacturing shall be treated by the department ~~of community~~

~~health~~ as prima facie evidence of likely contamination that may

constitute a hazard to the health or safety of those who may occupy

those premises. If the property or dwelling, or both, is determined

likely to be contaminated under this subsection, the local health

department or the department ~~of community health~~ shall issue an

order requiring the property or dwelling to be vacated until the

property owner establishes that the property is decontaminated or

the risk of likely contamination ceases to exist. The property

owner may establish that the property is decontaminated by

submitting a written assessment of the property before

decontamination and a written assessment of the property after

decontamination, enumerating the steps taken to render the property

decontaminated, and a certification that the property has been

decontaminated and that the risk of likely contamination no longer

exists to the enforcing agency. The property or dwelling shall

remain vacated until the enforcing agency has reviewed and

concurred in the certification. As used in this subsection,

"dwelling" means any house, building, structure, tent, shelter,

trailer or vehicle, or portion thereof, except railroad cars on

tracks or rights-of-way, ~~which~~ that is occupied in whole or in part

as the home, residence, living, or sleeping place of 1 or more

human beings, either permanently or transiently.

Sec. 16204a. (1) Subject to subsection (2), an advisory

committee on pain and symptom management is created in the

department. The committee consists of the following members

appointed in the following manner:

(a) The Michigan board of medicine created in part 170 and the

Michigan board of osteopathic medicine and surgery created in part

175 each shall appoint 2 members, 1 of whom is a physician

specializing in primary care and 1 of whom is a physician certified

in the specialty of pain medicine by 1 or more national

professional organizations approved by the department, ~~of consumer~~

~~and industry services,~~ including, but not limited to, the American

~~board of medical specialists~~ Board of Medical Specialists or the

American ~~board of pain medicine.~~Board of Pain Medicine.

(b) One psychologist who is associated with the education and

training of psychology students, appointed by the Michigan board of

psychology created in part 182.

representative of the general public.

(d) One registered professional nurse with training in pain

and symptom management who is associated with the education and

training of nursing students, appointed by the Michigan board of

nursing created in part 172.

(e) One dentist with training in pain and symptom management

who is associated with the education and training of dental

students, appointed by the Michigan board of dentistry created in

part 166.

(f) One pharmacist with training in pain and symptom

management who is associated with the education and training of

pharmacy students appointed by the Michigan board of pharmacy

created in part 177.

(g) One individual appointed by the governor who represents

the Michigan ~~hospice organization~~ Hospice Organization or its

successor.

(h) One representative from each of the state's medical

schools, appointed by the governor.

(i) One individual appointed by the governor who has been

diagnosed as a chronic pain sufferer.

(j) One physician's assistant with training in pain and

symptom management appointed by the Michigan task force on

physician's assistants.

(k) The director of the department ~~of consumer and industry~~

~~services~~ or his or her designee, who shall serve as chairperson.

(l) The director of the department of ~~community~~ health and

human services or his or her designee.

(2) Advisory committee members appointed under subsection

(1)(a) ~~through~~ to (j) shall receive per diem compensation as

established by the legislature and shall be reimbursed for expenses

under section 1216.

(3) ~~The advisory committee members appointed under subsection~~

~~(1)(a) through (j) shall be appointed by May 15, 1999.~~ A member of

the advisory committee shall serve for a term of 2 years or until a

successor is appointed, whichever is later. A vacancy on the

advisory committee shall be filled in the same manner as the

original appointment.

(4) The advisory committee shall do all of the following, as

necessary:

(a) At least once annually consult with all of the following

boards to develop an integrated approach to understanding and

applying pain and symptom management techniques:

(i) All licensure boards created under this article, except

the Michigan board of veterinary medicine.

(ii) The Michigan board of social work created in section

18505.

(b) Hold a public hearing in the same manner as provided for a

public hearing held under the administrative procedures act of

1969, within 90 days after the members of the advisory committee

are appointed under subsection (1) to gather information from the

general public on issues pertaining to pain and symptom management.

curricula on pain and symptom management.

(d) Develop recommendations to the licensing and registration

boards and the task force created under this article on integrating

pain and symptom management into the customary practice of health

care professionals and identifying the role and responsibilities of

the various health care professionals in pain and symptom

management.

(e) Advise the licensing and registration boards created under

this article on the duration and content of continuing education

requirements for pain and symptom management.

(f) Annually report on the activities of the advisory

committee and make recommendations on the following issues to the

director of the department ~~of consumer and industry services~~ and to

the director of the department of ~~community~~ health and human

services:

(i) Pain management educational curricula and continuing

educational requirements of institutions providing health care

education.

(ii) Information about the impact and effectiveness of

previous recommendations, if any, that have been implemented,

including, but not limited to, recommendations made under

subdivision (d).

(iii) Activities undertaken by the advisory committee in

complying with the duties imposed under subdivisions (c) and (d).

(g) ~~Beginning in January of 2000, annually~~ Annually review any

changes occurring in pain and symptom management.

(5) In making recommendations and developing written materials

under subsection (4), the advisory committee shall review

guidelines on pain and symptom management issued by the United

States ~~department of health and human services.~~Department of Health

and Human Services.

Sec. 16204d. (1) The department, ~~of consumer and industry~~

~~services,~~ in consultation with the department of ~~community~~ health

and human services, shall develop, publish, and distribute an

informational booklet on pain. The department ~~of consumer and~~

~~industry services~~ shall include at least all of the following in

the informational booklet:

(a) Pain management educational curricula and continuing

educational requirements of institutions providing health care

education recommended by the advisory committee on pain and symptom

management under section 16204a.

(b) Other information considered relevant or useful by the

department. ~~of consumer and industry services.~~

(2) The department, ~~of consumer and industry services,~~ in

conjunction with the controlled substances advisory commission

created in article 7, shall develop and conduct an educational

program for health professionals who are licensed under part 73 to

prescribe or dispense, or both, controlled substances. The

department ~~of consumer and industry services~~ shall include, at a

minimum, all of the following in the educational program:

(a) Information on how the department ~~of consumer and industry~~

~~services~~ processes allegations of wrongdoing against licensees

under this article and article 17, including, but not limited to,

how the permanent historical record is maintained for each

licensee, how and why a review of the permanent historical record

is done, and how the decision is made to issue a formal complaint

against a licensee.

(b) Information on the disciplinary process, including a

licensee's rights and duties if an allegation of wrongdoing is

filed against the licensee or if some other circumstance occurs

that causes or requires the department ~~of consumer and industry~~

~~services~~ to review a licensee's permanent historical record.

department ~~of consumer and industry services~~ or the controlled

substances advisory commission, especially information that would

address the findings and statements of intent contained in section

16204c.

Sec. 16241. (1) After administrative disciplinary action is

final, the department shall publish a list of the names and

addresses of disciplined individuals. The department shall indicate

on the list that a final administrative disciplinary action is

subject to judicial review. The department shall report

disciplinary action to the department of ~~community~~ health and human

services, the department of insurance and financial services, the

state and federal agencies responsible for fiscal administration of

federal health care programs, and the appropriate professional

association.

(2) Once each calendar year, the department shall transmit to

the library of Michigan sufficient copies of a compilation of the

lists required under subsection (1) for the immediately preceding 3

calendar years. The library of Michigan shall distribute the

compilation to each depository library in this state. The

department shall also transmit the compilation to each county clerk

in this state once each calendar year.

(3) The department of ~~community~~ health and human services

shall report the disciplinary actions to appropriate licensed

health facilities and agencies. The department of insurance and

financial services shall report the disciplinary actions received

from the department to insurance carriers providing professional

liability insurance.

(4) In case of a summary suspension of a license under section

16233(5), the department shall report the name and address of the

individual whose license has been suspended to the department of

~~community~~ health and human services, the department of insurance

and financial services, the state and federal agencies responsible

for fiscal administration of federal health care programs, and the

appropriate professional association. In case of a summary

suspension of a license under section 16233(6), the department

shall report the name and address of the pharmacy license that has

been suspended to the department of ~~community~~ health and human

services, the department of insurance and financial services, the

state and federal agencies responsible for fiscal administration of

federal health care programs, and the appropriate professional

association.

(5) A licensee or registrant whose license or registration is

revoked or suspended under this article shall give notice of the

revocation or suspension to each patient who contacts the licensee

or registrant for professional services during the term of the

revocation or suspension. The licensee or registrant may give the

notice required under this subsection orally and shall give the

notice required under this subsection at the time of contact.

(6) A licensee or registrant whose license or registration is

revoked or is suspended for more than 60 days under this article

shall notify in writing each patient or client to whom the licensee

or registrant rendered professional services in the licensee's or

registrant's private practice during the 120 days immediately

preceding the date of the final order imposing the revocation or

suspension and to each individual who is already scheduled for

professional services during the first 120 days after the date of

the final order imposing the revocation or suspension. The notice

must be on a form provided by the licensee's or registrant's board

or task force and state, at a minimum, the name, address, and

license or registration number of the licensee or registrant, the

fact that his or her license or registration has been revoked or

suspended, the effective date of the revocation or suspension, and

the term of the revocation or suspension. Each board or task force

shall develop a notice form that meets at least the minimum

requirements of this subsection. The licensee or registrant shall

send the notice to each patient or client to whom the licensee or

registrant rendered professional services in the licensee's or

registrant's private practice during the 120 days immediately

preceding the date of the final order imposing the revocation or

suspension within 30 days after the date of the final order

imposing the revocation or suspension and shall simultaneously

transmit a copy of the notice to the department. The licensee or

registrant orally shall notify each individual who contacts the

licensee or registrant for professional services during the first

120 days after the date of the final order imposing the revocation

or suspension. The licensee or registrant shall also provide a copy

of the notice within 10 days after the date of the final order

imposing the revocation or suspension to his or her employer, if

any, and to each hospital, if any, in which the licensee or

registrant is admitted to practice.

(7) A licensee or registrant who is reprimanded, fined, placed

on probation, or ordered to pay restitution under this article or

an applicant whose application for licensure or registration is

denied under this article shall notify his or her employer, if any,

and each hospital, if any, in which he or she is admitted to

practice, in the same manner as provided for notice of revocation

or suspension to an employer or hospital under subsection (6),

within 10 days after the date of the final order imposing the

sanction.

(8) The department shall annually report to the legislature

and to each board and task force on disciplinary actions taken

under this article, article 7, and article 8. The department shall

include, at a minimum, all of the following information in the

report required under this subsection:

(a) Investigations conducted, complaints issued, and

settlements reached by the department, separated out by type of

complaint and health profession.

(b) Investigations and complaints closed or dismissed.

out by type of complaint, health profession, and final order

issued.

(d) Recommendations by boards and task forces.

(e) The number of extensions and delays granted by the

department that were in excess of the time limits required under

this article for each phase of the disciplinary process, and the

types of cases for which the extensions and delays were granted.

Sec. 16281. (1) If there is a compelling need for records or

information to determine whether child abuse or child neglect has

occurred or to take action to protect a child where there may be a

substantial risk of harm, a ~~family independence agency~~ department

of health and human services caseworker or administrator directly

involved in the child abuse or child neglect investigation shall

notify a licensee or registrant that a child abuse or child neglect

investigation has been initiated regarding a child who has received

services from the licensee or registrant and shall request in

writing the child's medical records and information that are

pertinent to that investigation. Upon receipt of this notification

and request, the licensee or registrant shall review all of the

child's medical records and information in the licensee's or

registrant's possession to determine if there are medical records

or information that is pertinent to that investigation. Within 14

days after receipt of a request made under this subsection, the

licensee or registrant shall release those pertinent medical

records and information to the department of health and human

services caseworker or administrator directly involved in the child

abuse or child neglect investigation.

(2) The following privileges do not apply to medical records

or information released or made available under subsection (1):

(a) The physician-patient privilege created in section 2157 of

the revised judicature act of 1961, 1961 PA 236, MCL 600.2157.

(b) The dentist-patient privilege created in section 16648.

licensed counselor-client privilege created in section 18117.

(d) The psychologist-patient privilege created in section

18237.

(e) Any other health professional-patient privilege created or

recognized by law.

(3) To the extent not protected by the immunity conferred by

1964 PA 170, MCL 691.1401 to 691.1415, an individual who in good

faith provides access to medical records or information under this

section is immune from civil or administrative liability arising

from that conduct, unless the conduct was gross negligence or

willful and wanton misconduct.

(4) This section does not apply to a report, record, datum, or

information whose confidentiality and disclosure are governed by

section 5131.

(5) A duty under this act relating to child abuse and child

neglect does not alter a duty imposed under another statute,

including the child protection law, 1975 PA 238, MCL 722.621 to

722.638, regarding the reporting or investigation of child abuse or

child neglect.

Sec. 16315. (1) The health professions regulatory fund is

established in the state treasury. Except as otherwise provided in

this section, the state treasurer shall credit the fees collected

under sections 16319 to 16349 to the health professions regulatory

fund. The money in the health professions regulatory fund shall be

expended only as provided in subsection (5).

(2) The state treasurer shall direct the investment of the

health professions regulatory fund. Interest and earnings from

health professions regulatory fund investment shall be credited to

the health professions regulatory fund.

(3) The unencumbered balance in the health professions

regulatory fund at the close of the fiscal year shall remain in the

health professions regulatory fund and shall not revert to the

general fund.

(4) The health professions regulatory fund may receive gifts

and devises and other money as provided by law.

(5) The department shall use the health professions regulatory

fund to carry out its powers and duties under this article, article

7, and article 8, including, but not limited to, reimbursing the

department of attorney general for the reasonable cost of services

provided to the department under this article, article 7, and

article 8.

(6) The nurse professional fund is established in the state

treasury. Of the money that is attributable to per-year license

fees collected under section 16327, the state treasurer shall

credit $8.00 of each individual annual license fee collected to the

nurse professional fund. The money in the nurse professional fund

shall be expended only as provided in subsection (9).

(7) The state treasurer shall direct the investment of the

nurse professional fund, and shall credit interest and earnings

from the investment to the nurse professional fund. The nurse

professional fund may receive gifts and devises and other money as

provided by law.

(8) The unencumbered balance in the nurse professional fund at

the close of the fiscal year shall remain in the nurse professional

fund and shall not revert to the general fund.

(9) The department of ~~community~~ health and human services

shall use the nurse professional fund each fiscal year only as

follows:

(a) To promote safe patient care in all nursing practice

environments.

(b) To advance the safe practice of the nursing profession.

direct care nurses, nursing faculty, and nursing education

programs.

(d) To operate a nursing scholarship program.

(10) The pain management education and controlled substances

electronic monitoring and antidiversion fund is established in the

state treasury.

(11) The state treasurer shall direct the investment of the

pain management education and controlled substances electronic

monitoring and antidiversion fund. Interest and earnings from

investment of the pain management education and controlled

substances electronic monitoring and antidiversion fund shall be

credited to the pain management education and controlled substances

electronic monitoring and antidiversion fund.

(12) The unencumbered balance in the pain management education

and controlled substances electronic monitoring and antidiversion

fund at the close of the fiscal year shall remain in the pain

management education and controlled substances electronic

monitoring and antidiversion fund and shall not revert to the

general fund. The pain management education and controlled

substances electronic monitoring and antidiversion fund may receive

gifts and devises and other money as provided by law. Twenty

dollars of the license fee received by the department under section

16319 shall be deposited with the state treasurer to the credit of

the pain management education and controlled substances electronic

monitoring and antidiversion fund. The department shall use the

pain management education and controlled substances electronic

monitoring and antidiversion fund only in connection with programs

relating to pain management education for health professionals,

preventing the diversion of controlled substances, and development

and maintenance of the electronic monitoring system for controlled

substances data required by section 7333a.

Sec. 16625. (1) The board may promulgate rules to prohibit or

otherwise restrict the assignment of procedures to a dental

hygienist or a dental assistant if the board determines that the

assignment constitutes or may constitute a danger to the health,

safety, or welfare of the patient or the public.

(2) Notwithstanding section 16601(1)(f) or the rules

promulgated under subsection (1), a dental hygienist may perform

dental hygiene services under the supervision of a dentist as part

of a program for dentally underserved populations in this state

conducted by a local, state, or federal grantee health agency for

patients who are not assigned by a dentist. The director of

~~community~~ the department of health and human services shall

designate a person as a grantee health agency for a 2-year period

if the person applies to the department of ~~community~~ health and

human services on a form provided by the department of ~~community~~

health and human services and meets all of the following

requirements:

(a) Is a public or nonprofit entity, or a school or nursing

home, that administers a program of dental care to a dentally

underserved population.

(b) Employs or contracts with at least 1 dentist or 1 dental

hygienist.

population to be served, the method by which the service is to be

provided, the procedures for program oversight and direction, and

the name and license number of the dentist and dental hygienist, if

applicable, who are performing services under the program.

(3) Within 10 business days after the department approves an

application and designates a grantee health agency under subsection

(2), the department shall notify the board of the designation in

writing or make the information electronically available.

(4) The director of ~~community~~ the department of health and

human services may appoint an advisory committee to assist the

director of ~~community~~ the department of health and human services

in designating grantee health agencies under subsection (2). If the

director of ~~community~~ the department of health and human services

does appoint an advisory committee under this subsection, the

director of ~~community~~ the department of health and human services

shall include on the advisory committee, at a minimum, a

representative from the Michigan ~~dental hygienist association~~

Dental Hygienists' Association or its successor organization and a

representative from the Michigan ~~dental association~~ Dental

Association or its successor organization.

(5) As used in this section:

(a) "Nursing home" means that term as defined under section

20109.

(b) "School" means a public or private elementary or secondary

institution of learning for any grade from kindergarten to 12.

the work of any other individual by a health professional licensed

under this article in circumstances in which 1 or more of the

following exist:

(i) The continuous availability of direct communication in

person or by radio, telephone, or telecommunication between the

supervised individual and a licensed health professional.

(ii) The availability of a licensed health professional on a

regularly scheduled basis to review the practice of the supervised

individual, to provide consultation to the supervised individual,

to review records, and to further educate the supervised individual

in the performance of the individual's functions.

(iii) The provision by the licensed supervising health

professional of predetermined procedures and drug protocol.

Sec. 16807. This part does not limit any of the following:

(a) An individual employed by a regionally accredited college

or university and involved with research or the teaching of

communication disorders from performing those duties for which he

or she is employed by that institution, as long as the individual

does not engage in the practice of audiology or hold himself or

herself out as licensed or otherwise authorized under this article

as an audiologist.

(b) An individual who is employed by the department of

~~community~~ health and human services in 1 of its approved hearing

screening training programs from conducting screening of hearing

sensitivity.

occupational health standards commission from engaging in hearing

screening as part of a hearing conservation program in compliance

with standards adopted under the Michigan occupational safety and

health act, 1974 PA 154, MCL 408.1001 to 408.1094.

(d) A certified, licensed, registered, or otherwise

statutorily recognized member of another profession, including a

person licensed in the practice of medicine or osteopathic medicine

and surgery and an unlicensed or licensed person to whom tasks have

been delegated under his or her supervision, and including a person

licensed under article 13 of the occupational code, 1980 PA 299,

MCL 339.1301 to 339.1309, from practicing his or her profession as

authorized by law, so long as the individual does not hold himself

or herself out to the public as possessing a license issued or

title protected under this article.

Sec. 17015. (1) Subject to subsection (10), a physician shall

not perform an abortion otherwise permitted by law without the

patient's informed written consent, given freely and without

coercion to abort.

(2) For purposes of this section and section 17015a:

(a) "Abortion" means the intentional use of an instrument,

drug, or other substance or device to terminate a woman's pregnancy

for a purpose other than to increase the probability of a live

birth, to preserve the life or health of the child after live

birth, or to remove a fetus that has died as a result of natural

causes, accidental trauma, or a criminal assault on the pregnant

woman. Abortion does not include the use or prescription of a drug

or device intended as a contraceptive.

(b) "Coercion to abort" means an act committed with the intent

to coerce an individual to have an abortion, which act is

prohibited by section 213a of the Michigan penal code, 1931 PA 328,

MCL 750.213a.

1 of 1978 PA 389, MCL 400.1501.

(d) "Fetus" means an individual organism of the species homo

sapiens in utero.

(e) "Local health department representative" means a person

who meets 1 or more of the licensing requirements listed in

subdivision (h) and who is employed by, or under contract to

provide services on behalf of, a local health department.

(f) "Medical emergency" means that condition which, on the

basis of the physician's good faith clinical judgment, so

complicates the medical condition of a pregnant woman as to

necessitate the immediate abortion of her pregnancy to avert her

death or for which a delay will create serious risk of substantial

and irreversible impairment of a major bodily function.

(g) "Medical service" means the provision of a treatment,

procedure, medication, examination, diagnostic test, assessment, or

counseling, including, but not limited to, a pregnancy test,

ultrasound, pelvic examination, or an abortion.

(h) "Qualified person assisting the physician" means another

physician or a physician's assistant licensed under this part or

part 175, a fully licensed or limited licensed psychologist

licensed under part 182, a professional counselor licensed under

part 181, a registered professional nurse or a licensed practical

nurse licensed under part 172, or a social worker licensed under

part 185.

(i) "Probable gestational age of the fetus" means the

gestational age of the fetus at the time an abortion is planned to

be performed.

(j) "Provide the patient with a physical copy" means

confirming that the patient accessed the internet website described

in subsection (5) and received a printed valid confirmation form

from the website and including that form in the patient's medical

record or giving a patient a copy of a required document by 1 or

more of the following means:

(i) In person.

(ii) By registered mail, return receipt requested.

(iii) By parcel delivery service that requires the recipient

to provide a signature in order to receive delivery of a parcel.

(iv) By facsimile transmission.

(3) Subject to subsection (10), a physician or a qualified

person assisting the physician shall do all of the following not

less than 24 hours before that physician performs an abortion upon

a patient who is a pregnant woman:

(a) Confirm that, according to the best medical judgment of a

physician, the patient is pregnant, and determine the probable

gestational age of the fetus.

(b) Orally describe, in language designed to be understood by

the patient, taking into account her age, level of maturity, and

intellectual capability, each of the following:

(i) The probable gestational age of the fetus she is carrying.

(ii) Information about what to do and whom to contact should

medical complications arise from the abortion.

(iii) Information about how to obtain pregnancy prevention

information through the department of ~~community~~ health and human

services.

standardized summary described in subsection (11)(b) that

corresponds to the procedure the patient will undergo and is

provided by the department of ~~community~~ health and human services.

If the procedure has not been recognized by the department of

health and human services, but is otherwise allowed under Michigan

law, and the department of health and human services has not

provided a written standardized summary for that procedure, the

physician shall develop and provide a written summary that

describes the procedure, any known risks or complications of the

procedure, and risks associated with live birth and meets the

requirements of subsection (11)(b)(iii) ~~through~~ to (vii).

(d) Provide the patient with a physical copy of a medically

accurate depiction, illustration, or photograph and description of

a fetus supplied by the department of ~~community~~ health ~~pursuant to~~

and human services under subsection (11)(a) at the gestational age

nearest the probable gestational age of the patient's fetus.

(e) Provide the patient with a physical copy of the prenatal

care and parenting information pamphlet distributed by the

department of ~~community~~ health and human services under section

9161.

(f) Provide the patient with a physical copy of the

prescreening summary on prevention of coercion to abort described

in subsection (11)(i).

(4) The requirements of subsection (3) may be fulfilled by the

physician or a qualified person assisting the physician at a

location other than the health facility where the abortion is to be

performed. The requirement of subsection (3)(a) that a patient's

pregnancy be confirmed may be fulfilled by a local health

department under subsection (18). The requirements of subsection

(3) cannot be fulfilled by the patient accessing an internet

website other than the internet website that is maintained and

operated by the department of health and human services under

subsection (11)(g).

(5) The requirements of subsection (3)(c) ~~through~~ to (f) may

be fulfilled by a patient accessing the internet website that is

maintained and operated by the department of health and human

services under subsection (11)(g) and receiving a printed, valid

confirmation form from the website that the patient has reviewed

the information required in subsection (3)(c) through (f) at least

24 hours before an abortion being performed on the patient. The

website shall not require any information be supplied by the

patient. The department of health and human services shall not

track, compile, or otherwise keep a record of information that

would identify a patient who accesses this website. The patient

shall supply the valid confirmation form to the physician or

qualified person assisting the physician to be included in the

patient's medical record to comply with this subsection.

(6) Subject to subsection (10), before obtaining the patient's

signature on the acknowledgment and consent form, a physician

personally and in the presence of the patient shall do all of the

following:

(a) Provide the patient with the physician's name, confirm

with the patient that the coercion to abort screening required

under section 17015a was performed, and inform the patient of her

right to withhold or withdraw her consent to the abortion at any

time before performance of the abortion.

(b) Orally describe, in language designed to be understood by

the patient, taking into account her age, level of maturity, and

intellectual capability, each of the following:

(i) The specific risk, if any, to the patient of the

complications that have been associated with the procedure the

patient will undergo, based on the patient's particular medical

condition and history as determined by the physician.

(ii) The specific risk of complications, if any, to the

patient if she chooses to continue the pregnancy based on the

patient's particular medical condition and history as determined by

a physician.

(7) To protect a patient's privacy, the information set forth

in subsection (3) and subsection (6) shall not be disclosed to the

patient in the presence of another patient.

(8) If at any time before the performance of an abortion, a

patient undergoes an ultrasound examination, or a physician

determines that ultrasound imaging will be used during the course

of a patient's abortion, the physician or qualified person

assisting the physician shall provide the patient with the

opportunity to view or decline to view an active ultrasound image

of the fetus, and offer to provide the patient with a physical

picture of the ultrasound image of the fetus before the performance

of the abortion. After the expiration of the 24-hour period

prescribed under subsection (3) but before performing an abortion

on a patient who is a pregnant woman, a physician or a qualified

person assisting the physician shall do all of the following:

(a) Obtain the patient's signature on the acknowledgment and

consent form described in subsection (11)(c) confirming that she

has received the information required under subsection (3).

(b) Provide the patient with a physical copy of the signed

acknowledgment and consent form described in subsection (11)(c).

form described in subsection (11)(c) and, if applicable, a copy of

the pregnancy certification form completed under subsection

(18)(b), in the patient's medical record.

(9) This subsection does not prohibit notifying the patient

that payment for medical services will be required or that

collection of payment in full for all medical services provided or

planned may be demanded after the 24-hour period described in this

subsection has expired. A physician or an agent of the physician

shall not collect payment, in whole or in part, for a medical

service provided to or planned for a patient before the expiration

of 24 hours from the time the patient has done either or both of

the following, except in the case of a physician or an agent of a

physician receiving capitated payments or under a salary

arrangement for providing those medical services:

(a) Inquired about obtaining an abortion after her pregnancy

is confirmed and she has received from that physician or a

qualified person assisting the physician the information required

under subsection (3)(c) and (d).

(b) Scheduled an abortion to be performed by that physician.

(10) If the attending physician, utilizing his or her

experience, judgment, and professional competence, determines that

a medical emergency exists and necessitates performance of an

abortion before the requirements of subsections (1), (3), and (6)

can be met, the physician is exempt from the requirements of

subsections (1), (3), and (6), may perform the abortion, and shall

maintain a written record identifying with specificity the medical

factors upon which the determination of the medical emergency is

based.

(11) The department of ~~community~~ health and human services

shall do each of the following:

(a) Produce medically accurate depictions, illustrations, or

photographs of the development of a human fetus that indicate by

scale the actual size of the fetus at 2-week intervals from the

fourth week through the twenty-eighth week of gestation. Each

depiction, illustration, or photograph shall be accompanied by a

printed description, in nontechnical English, Arabic, and Spanish,

of the probable anatomical and physiological characteristics of the

fetus at that particular state of gestational development.

(b) Subject to subdivision (e), develop, draft, and print, in

nontechnical English, Arabic, and Spanish, written standardized

summaries, based upon the various medical procedures used to abort

pregnancies, that do each of the following:

(i) Describe, individually and on separate documents, those

medical procedures used to perform abortions in this state that are

recognized by the department of health and human services.

(ii) Identify the physical complications that have been

associated with each procedure described in subparagraph (i) and

with live birth, as determined by the department of health and

human services. In identifying these complications, the department

shall consider the annual statistical report required under section

2835, and shall consider studies concerning complications that have

been published in a peer review medical journal, with particular

attention paid to the design of the study, and shall consult with

the federal ~~centers for disease control and prevention,~~ Centers for

Disease Control and Prevention, the American ~~congress of~~

~~obstetricians and gynecologists,~~ Congress of Obstetricians and

Gynecologists, the Michigan ~~state medical society,~~ State Medical

Society, or any other source that the department of health and

human services determines appropriate for the purpose.

(iii) State that as the result of an abortion, some women may

experience depression, feelings of guilt, sleep disturbance, loss

of interest in work or sex, or anger, and that if these symptoms

occur and are intense or persistent, professional help is

recommended.

(iv) State that not all of the complications listed in

subparagraph (ii) may pertain to that particular patient and refer

the patient to her physician for more personalized information.

(v) Identify services available through public agencies to

assist the patient during her pregnancy and after the birth of her

child, should she choose to give birth and maintain custody of her

child.

(vi) Identify services available through public agencies to

assist the patient in placing her child in an adoptive or foster

home, should she choose to give birth but not maintain custody of

her child.

(vii) Identify services available through public agencies to

assist the patient and provide counseling should she experience

subsequent adverse psychological effects from the abortion.

Arabic, and Spanish, an acknowledgment and consent form that

includes only the following language above a signature line for the

patient:

"I, _____________________________ , voluntarily and willfully

hereby authorize Dr. __________________ ("the physician") and any

assistant designated by the physician to perform upon me the

following operation(s) or procedure(s):

__________________________________________________________

(Name of operation(s) or procedure(s))

__________________________________________________________

A. I understand that I am approximately _____ weeks pregnant.

I consent to an abortion procedure to terminate my pregnancy. I

understand that I have the right to withdraw my consent to the

abortion procedure at any time before performance of that

procedure.

B. I understand that it is illegal for anyone to coerce me

into seeking an abortion.

C. I acknowledge that at least 24 hours before the scheduled

abortion I have received a physical copy of each of the following:

1. A medically accurate depiction, illustration, or photograph

of a fetus at the probable gestational age of the fetus I am

carrying.

2. A written description of the medical procedure that will be

used to perform the abortion.

3. A prenatal care and parenting information pamphlet.

D. If any of the documents listed in paragraph C were

transmitted by facsimile, I certify that the documents were clear

and legible.

E. I acknowledge that the physician who will perform the

abortion has orally described all of the following to me:

1. The specific risk to me, if any, of the complications that

have been associated with the procedure I am scheduled to undergo.

2. The specific risk to me, if any, of the complications if I

choose to continue the pregnancy.

F. I acknowledge that I have received all of the following

information:

1. Information about what to do and whom to contact in the

event that complications arise from the abortion.

2. Information pertaining to available pregnancy related

services.

G. I have been given an opportunity to ask questions about the

operation(s) or procedure(s).

H. I certify that I have not been required to make any

payments for an abortion or any medical service before the

expiration of 24 hours after I received the written materials

listed in paragraph C, or 24 hours after the time and date listed

on the confirmation form if the information described in paragraph

C was viewed from the state of Michigan internet website.".

(d) Make available to physicians through the Michigan board of

medicine and the Michigan board of osteopathic medicine and

surgery, and to any person upon request, the copies of medically

accurate depictions, illustrations, or photographs described in

subdivision (a), the written standardized summaries described in

subdivision (b), the acknowledgment and consent form described in

subdivision (c), the prenatal care and parenting information

pamphlet described in section 9161, the pregnancy certification

form described in subdivision (f), and the materials regarding

coercion to abort described in subdivision (i).

(e) The department of health and human services shall not

develop written standardized summaries for abortion procedures

under subdivision (b) that utilize medication that has not been

approved by the United States ~~food and drug administration~~ Food and

Drug Administration for use in performing an abortion.

(f) Develop, draft, and print a certification form to be

signed by a local health department representative at the time and

place a patient has a pregnancy confirmed, as requested by the

patient, verifying the date and time the pregnancy is confirmed.

(g) Develop, operate, and maintain an internet website that

allows a patient considering an abortion to review the information

required in subsection (3)(c) ~~through~~ to (f). After the patient

reviews the required information, the department of health and

human services shall ~~assure~~ ensure that a confirmation form can be

printed by the patient from the internet website that will verify

the time and date the information was reviewed. A confirmation form

printed under this subdivision becomes invalid 14 days after the

date and time printed on the confirmation form.

(h) Include on the informed consent internet website operated

under subdivision (g) a list of health care providers, facilities,

and clinics that offer to perform ultrasounds free of charge. The

list shall be organized geographically and shall include the name,

address, and telephone number of each health care provider,

facility, and clinic.

(i) After considering the standards and recommendations of the

~~joint commission on accreditation of healthcare organizations,~~

Joint Commission on Accreditation of Healthcare Organizations, the

Michigan domestic and sexual violence prevention and treatment

board, the Michigan ~~coalition to end domestic and sexual violence~~

Coalition to End Domestic and Sexual Violence, or successor

organization, and the American ~~medical association,~~ Medical

Association, do all of the following:

(i) Develop, draft, and print or make available in printable

format, in nontechnical English, Arabic, and Spanish, a notice that

is required to be posted in facilities and clinics under section

17015a. The notice shall be at least 8-1/2 inches by 14 inches,

shall be printed in at least 44-point type, and shall contain at a

minimum all of the following:

(A) A statement that it is illegal under Michigan law to

coerce a woman to have an abortion.

(B) A statement that help is available if a woman is being

threatened or intimidated; is being physically, emotionally, or

sexually harmed; or feels afraid for any reason.

hotline and 1 sexual assault hotline.

(ii) Develop, draft, and print or make available in printable

format, in nontechnical English, Arabic, and Spanish, a

prescreening summary on prevention of coercion to abort that, at a

minimum, contains the information required under subparagraph (i)

and notifies the patient that an oral screening for coercion to

abort will be conducted before her giving written consent to obtain

an abortion.

(iii) Develop, draft, and print screening and training tools

and accompanying training materials to be utilized by a physician

or qualified person assisting the physician while performing the

coercion to abort screening required under section 17015a. The

screening tools shall instruct the physician or qualified person

assisting the physician to orally communicate information to the

patient regarding coercion to abort and to document the findings

from the coercion to abort screening in the patient's medical

record.

(iv) Develop, draft, and print protocols and accompanying

training materials to be utilized by a physician or a qualified

person assisting the physician if a patient discloses coercion to

abort or that domestic violence is occurring, or both, during the

coercion to abort screening. The protocols shall instruct the

physician or qualified person assisting the physician to do, at a

minimum, all of the following:

(A) Follow the requirements of section 17015a as applicable.

(B) Assess the patient's current level of danger.

(D) Provide referral information to the patient regarding law

enforcement and domestic violence and sexual assault support

organizations.

(E) Document any referrals in the patient's medical record.

(12) A physician's duty to inform the patient under this

section does not require disclosure of information beyond what a

reasonably well-qualified physician licensed under this article

would possess.

(13) A written consent form meeting the requirements set forth

in this section and signed by the patient is presumed valid. The

presumption created by this subsection may be rebutted by evidence

that establishes, by a preponderance of the evidence, that consent

was obtained through fraud, negligence, deception,

misrepresentation, coercion, or duress.

(14) A completed certification form described in subsection

(11)(f) that is signed by a local health department representative

is presumed valid. The presumption created by this subsection may

be rebutted by evidence that establishes, by a preponderance of the

evidence, that the physician who relied upon the certification had

actual knowledge that the certificate contained a false or

misleading statement or signature.

(15) This section does not create a right to abortion.

(16) Notwithstanding any other provision of this section, a

person shall not perform an abortion that is prohibited by law.

(17) If any portion of this act or the application of this act

to any person or circumstances is found invalid by a court, that

invalidity does not affect the remaining portions or applications

of the act that can be given effect without the invalid portion or

application, if those remaining portions are not determined by the

court to be inoperable.

(18) Upon a patient's request, each local health department

shall:

(a) Provide a pregnancy test for that patient to confirm the

pregnancy as required under subsection (3)(a) and determine the

probable gestational stage of the fetus. The local health

department need not comply with this subdivision if the

requirements of subsection (3)(a) have already been met.

(b) If a pregnancy is confirmed, ensure that the patient is

provided with a completed pregnancy certification form described in

subsection (11)(f) at the time the information is provided.

(19) The identity and address of a patient who is provided

information or who consents to an abortion ~~pursuant~~ according to

this section is confidential and is subject to disclosure only with

the consent of the patient or by judicial process.

(20) A local health department with a file containing the

identity and address of a patient described in subsection (19) who

has been assisted by the local health department under this section

shall do both of the following:

(a) Only release the identity and address of the patient to a

physician or qualified person assisting the physician in order to

verify the receipt of the information required under this section.

(b) Destroy the information containing the identity and

address of the patient within 30 days after assisting the patient

under this section.

Sec. 17020. (1) Except as otherwise provided for a test

performed under section 5431 and except as otherwise provided by

law, beginning ~~upon the expiration of 6 months after the effective~~

~~date of the amendatory act that added this section,~~ September 16,

2000, a physician or an individual to whom the physician has

delegated authority to perform a selected act, task, or function

under section 16215 shall not order a presymptomatic or predictive

genetic test without first obtaining the written, informed consent

of the test subject, ~~pursuant~~ according to this section.

(2) For purposes of subsection (1), written, informed consent

consists of a signed writing executed by the test subject or the

legally authorized representative of the test subject that confirms

that the physician or the individual acting under the delegatory

authority of the physician has explained, and the test subject or

the legally authorized representative of the test subject

understands, at a minimum, all of the following:

(a) The nature and purpose of the presymptomatic or predictive

genetic test.

(b) The effectiveness and limitations of the presymptomatic or

predictive genetic test.

predictive genetic test, including, but not limited to, the medical

risks and benefits.

(d) The future uses of the sample taken from the test subject

in order to conduct the presymptomatic or predictive genetic test

and the information obtained from the presymptomatic or predictive

genetic test.

(e) The meaning of the presymptomatic or predictive genetic

test results and the procedure for providing notice of the results

to the test subject.

(f) Who will have access to the sample taken from the test

subject in order to conduct the presymptomatic or predictive

genetic test and the information obtained from the presymptomatic

or predictive genetic test, and the test subject's right to

confidential treatment of the sample and the information.

(3) ~~Within 6 months after the effective date of the amendatory~~

~~act that added this section,~~ Not later than September 15, 2000, the

department of ~~community~~ health and human services, in consultation

with the Michigan board of medicine, the Michigan board of

osteopathic medicine and surgery, at least 1 physician who is board

certified by the American ~~board of medical genetics,~~ Board of

Medical Genetics, and appropriate professional organizations, shall

develop and distribute a model informed consent form for purposes

of this section that practitioners may adopt. The department of

~~community~~ health and human services shall include in the model form

at least all of the information required under subsection (2). The

department of ~~community~~ health and human services shall distribute

the model form to physicians and other individuals subject to this

section upon request and at no charge. The department of ~~community~~

health and human services shall review the model form at least

annually for 5 years after the first model form is distributed, and

shall revise the model form if necessary to make the form reflect

the latest developments in medical genetics.

(4) The department of ~~community~~ health and human services, in

consultation with the entities described in subsection (3), may

also develop and distribute a pamphlet that provides further

explanation of the information included in the model informed

consent form.

(5) If a test subject or his or her legally authorized

representative signs a copy of the model informed consent form

developed and distributed under subsection (3), the physician or

individual acting under the delegatory authority of the physician

shall give the test subject a copy of the signed informed consent

form and shall include the original signed informed consent form in

the test subject's medical record.

(6) If a test subject or his or her legally authorized

representative signs a copy of the model informed consent form

developed and distributed under subsection (3), the test subject is

barred from subsequently bringing a civil action for damages

against the physician, or an individual to whom the physician

delegated the authority to perform a selected act, task, or

function under section 16215, who ordered the presymptomatic or

predictive genetic test, based on failure to obtain informed

consent for the presymptomatic or predictive genetic test.

(7) A physician's duty to inform a patient under this section

does not require disclosure of information beyond what a reasonably

well-qualified physician licensed under this article would know.

(8) Except as otherwise provided in subsection (9), as used in

this section:

(a) "Genetic information" means information about a gene, gene

product, or inherited characteristic which information is derived

from a genetic test.

(b) "Genetic test" means the analysis of human DNA, RNA,

chromosomes, and those proteins and metabolites used to detect

heritable or somatic disease-related genotypes or karyotypes for

clinical purposes. A genetic test must be generally accepted in the

scientific and medical communities as being specifically

determinative for the presence, absence, or mutation of a gene or

chromosome in order to qualify under this definition. Genetic test

does not include a routine physical examination or a routine

analysis, including, but not limited to, a chemical analysis, of

body fluids, unless conducted specifically to determine the

presence, absence, or mutation of a gene or chromosome.

for the purpose of predicting the future probability that the test

subject will develop a genetically related disease or disability.

(d) "Presymptomatic genetic test" means a genetic test

performed before the onset of clinical symptoms or indications of

disease.

(9) For purposes of subsection (8)(b), the term "genetic test"

does not include a procedure performed as a component of biomedical

research that is conducted ~~pursuant~~ according to federal common

rule under 21 ~~C.F.R.~~ CFR parts 50 and 56 and 45 ~~C.F.R.~~ CFR part 46.

Sec. 17520. (1) Except as otherwise provided for a test