Bill Text: MI SB0377 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Health; code; references of venereal disease; revise to sexually transmitted infection. Amends sec. 5119 of 1978 PA 368 (MCL 333.5119). TIE BAR WITH: SB 0374'15, SB 0375'15, SB 0376'15, SB 0378'15, SB 0379'15, SB 0380'15, SB 0381'15
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-12 - Assigned Pa 0066'16 With Immediate Effect [SB0377 Detail]
Download: Michigan-2015-SB0377-Chaptered.html
Act No. 66
Public Acts of 2016
Approved by the Governor
April 5, 2016
Filed with the Secretary of State
April 5, 2016
EFFECTIVE DATE: July 4, 2016
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Senators Schmidt, Hertel, Gregory, Warren and Marleau
ENROLLED SENATE BILL No. 377
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5119 (MCL 333.5119), as amended by 2000 PA 209.
The People of the State of Michigan enact:
Sec. 5119. (1) An individual applying for a marriage license shall be advised through the distribution of written educational materials by the county clerk regarding prenatal care and the transmission and prevention of sexually transmitted infection and HIV infection. The written educational materials shall describe the availability to the applicant of tests for both sexually transmitted infection and HIV infection. The information shall include a list of locations where HIV counseling and testing services funded by the department are available. The written educational materials shall be approved or prepared by the department.
(2) A county clerk shall not issue a marriage license to an applicant who fails to sign and file with the county clerk an application for a marriage license that includes a statement with a check-off box indicating that the applicant has received the educational materials regarding the transmission and prevention of both sexually transmitted infection and HIV infection and has been advised of testing for both sexually transmitted infection and HIV infection, pursuant to subsection (1).
(3) If either applicant for a marriage license undergoes a test for HIV or an antibody to HIV, and if the test results indicate that an applicant is HIV infected, the physician or a designee of the physician, the physician’s assistant, the certified nurse midwife, the certified nurse practitioner, or the local health officer or a designee of the local health officer administering the test immediately shall inform both applicants of the test results and shall counsel both applicants regarding the modes of HIV transmission, the potential for HIV transmission to a fetus, and protective measures.
(4) As used in this section:
(a) “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.
(b) “Certified nurse practitioner” means an individual 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.
(c) “Physician” means an individual licensed as a physician under part 170 or an osteopathic physician under part 175.
(d) “Physician’s assistant” means an individual licensed as a physician’s assistant under part 170 or part 175.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:
(a) Senate Bill No. 374.
(b) Senate Bill No. 375.
(c) Senate Bill No. 376.
(d) Senate Bill No. 378.
(e) Senate Bill No. 379.
(f) Senate Bill No. 380.
(g) Senate Bill No. 381.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
