Bill Text: MI SB1101 | 2013-2014 | 97th Legislature | Introduced

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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

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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.