Bill Text: MI SB1101 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Health; testing; testing for hepatitis C; require certain facilities and health professionals to offer to certain individuals receiving health care services. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 16279 & 20154.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-10-02 - Referred To Committee On Appropriations [SB1101 Detail]
Download: Michigan-2013-SB1101-Introduced.html
SENATE BILL No. 1101
October 2, 2014, Introduced by Senators MARLEAU, HILDENBRAND, SMITH, YOUNG, JOHNSON, GREGORY and ROBERTSON and referred to the Committee on Appropriations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 16279 and 20154.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16279. A health professional licensed, registered, or
otherwise authorized to engage in a health profession under this
article whose scope of practice within that health profession
includes primary care shall comply with section 20154. As used in
this section, "primary care" means the medical fields of family
medicine, general pediatrics, primary care, internal medicine,
primary care obstetrics, or primary care gynecology, without regard
to board certification.
Sec. 20154. (1) A health care provider shall offer a
hepatitis-C-related test to a targeted individual who is receiving
health care services from the health care provider unless any of
the following apply:
(a) The health care provider reasonably believes that the
individual is being treated for a life-threatening emergency.
(b) Except as otherwise provided in this subdivision, the
health care provider reasonably believes that the individual has
previously been offered or has been the subject of a hepatitis-C-
related test. A health care provider shall offer a hepatitis-C-
related test to a targeted individual described in this subdivision
if that test is otherwise indicated for that individual.
(c) The health care provider reasonably believes that the
individual lacks capacity to consent to the hepatitis-C-related
test.
(2) The department shall promulgate rules under the
administrative procedures act of 1969 to prescribe the manner of
offering the hepatitis-C-related test under this section in a
culturally and linguistically appropriate manner in this state.
(3) This section does not affect the scope of practice of a
health care provider or diminish any authority or legal or
professional obligation of a health care provider to offer a
hepatitis-C-related test or provide health care services to the
subject of a hepatitis-C-related test.
(4) As used in this section:
(a) "FDA" means the United States food and drug
administration.
(b) "Health care provider" means any of the following:
(i) A health professional described in section 16279.
(ii) A hospital.
(iii) A freestanding surgical outpatient facility.
(c) "Hepatitis-C-related test" means any of the following
tests that detect the presence of hepatitis C antibodies in the
blood:
(i) An FDA-approved laboratory screening test.
(ii) An FDA-approved rapid point-of-care test.
(iii) Any other FDA-approved test.
(d) "Targeted individual" means an individual whose year of
birth is after 1945 and before 1965.