Bill Text: MI HB4583 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health; testing; requirement to obtain written informed consent and provide counseling before testing for human immunodeficiency virus (HIV); eliminate, and require physician to provide pretest information and give option to decline test in writing. Amends sec. 5133 of 1978 PA 368 (MCL 333.5133).
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2010-12-29 - Assigned Pa 320'10 With Immediate Effect [HB4583 Detail]
Download: Michigan-2009-HB4583-Introduced.html
HOUSE BILL No. 4583
March 17, 2009, Introduced by Reps. Roy Schmidt, Dean, Hildenbrand, Genetski, Bennett, Huckleberry, Slezak and Haugh and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5133 (MCL 333.5133), as amended by 1994 PA 420.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5133. (1) Except as otherwise provided in subsections
(12) and (13), a physician who orders an HIV test or a health
facility that performs an HIV test shall provide counseling
appropriate to the test subject both before and after the test is
administered.
(2) Except as otherwise provided in this part, 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 may order an HIV test for the purpose of diagnosing HIV
infection without first receiving the written, informed consent of
the
test subject. For purposes of this section, written, informed
consent
consists of a signed writing executed by the test subject
or
the legally authorized representative of the test subject that
includes,
at a minimum, all of the following:
(a)
An explanation of the test including, but not limited to,
the
purpose of the test, the potential uses and limitations of the
test,
and the meaning of test results.
(b)
An explanation of the rights of the test subject
including,
but not limited to, all of the following:
(i) The right to withdraw consent to the test at any
time
before
the administration of the test.
(ii) The right under this part to confidentiality of
the test
results.
(iii) The right under this part to consent to and
participate in
the
test on an anonymous basis.
(c)
The person or class of persons to whom the test results
may
be disclosed under this part. Unless
the HIV test is declined
in writing under this section, the test subject's consent to
general medical care is considered consent to an HIV test.
(3)
Beginning July 28, 1989 October
1, 2009, a physician or an
individual to whom the physician has delegated authority to perform
a selected act, task, or function under section 16215 who orders an
HIV test shall distribute to each test subject a pamphlet regarding
the HIV test on a form provided by the department. The department
shall develop the pamphlet, which shall include all of the
following:
(a) The purpose and nature of the test.
(b) The consequences of both taking and not taking the test.
(c) The meaning of the test results.
(d) Other information considered necessary or relevant by the
department.
(e)
A model consent form for the signed writing required under
subsection
(2) test subject to use if he
or she wishes to decline
the HIV test in writing. The department shall include in the model
consent
form all of the information
required under subsection
(2)(a),
(b), and (c). following:
(i) An explanation of the test including, but not limited to,
the purpose of the test, the potential uses and limitations of the
test, and the meaning of test results.
(ii) An explanation of the rights of the test subject,
including, but not limited to, all of the following:
(A) The right to decline the test at any time before the
administration of the test and the circumstances under which the
test subject does not have the right to decline the test.
(B) The right under this part to confidentiality of the test
results.
(C) The right under this part to consent to and participate in
the test on an anonymous basis.
(iii) The person or class of persons to whom the test results
may be disclosed under this part.
(iv) A place for the test subject to decline the HIV test in
writing.
(4) The department, the Michigan board of medicine, and the
Michigan board of osteopathic medicine and surgery shall make the
pamphlet required under subsection (3) available to physicians. The
Michigan board of medicine and the Michigan board of osteopathic
medicine and surgery shall notify in writing all physicians subject
to this section of the requirements of this section and the
availability
of the pamphlet by July 10, 1989 October
1, 2009. Upon
request, the Michigan board of medicine and the Michigan board of
osteopathic medicine and surgery shall provide copies of the
pamphlet, free of charge, to a physician who is subject to this
section.
(5) If a test subject is given a copy of the pamphlet required
under subsection (3), the physician or individual described in
subsection (3) shall include in the test subject's medical record a
form, signed by the test subject, indicating that he or she has
been given a copy of the pamphlet.
(6) A test subject who executes a signed writing pursuant to
subsection (2), as that subsection read before the effective date
of the amendatory act that added this phrase, is barred from
subsequently bringing a civil action based on failure to obtain
informed consent for the HIV test against the physician who ordered
the HIV test.
(7) The department shall provide the pamphlet required under
subsection (3). The department shall develop the pamphlet and have
it
ready for distribution by June 28,
1989 October 1, 2009. The
department shall write and print the pamphlet in clear,
nontechnical English and Spanish. The department shall distribute
the pamphlet, upon request and free of charge, to a physician or
other person or a governmental entity that is subject to this
section.
(8) In addition to complying with the duties imposed under
subsection (7), the department shall provide copies of the pamphlet
to the Michigan board of medicine and the Michigan board of
osteopathic medicine and surgery. The department shall provide
copies of the pamphlet to other persons upon written request, at
cost, and shall also provide copies of the pamphlet free of charge,
upon request, to public or private schools, colleges, and
universities.
(9) An individual who undergoes an HIV test at a department
approved testing site may request that the HIV test be performed on
an anonymous basis. If an individual requests that the HIV test be
performed on an anonymous basis, the staff of the department
approved testing site shall administer the HIV test anonymously or
under the condition that the test subject not be identified, and
shall obtain consent to the test using a coded system that does not
link the individual's identity with the request for the HIV test or
the HIV test results. If the test results of an HIV test performed
under this subsection indicate that the test subject is HIV
infected, the staff of the department approved testing site shall
proceed with partner notification in the same manner in which a
local health department would proceed as described in section
5114a(3) to (5).
(10)
Subsection (2) This
section does not apply to an HIV test
performed for the purpose of research, if the test is performed in
such a manner that the identity of the test subject is not revealed
to the researcher and the test results are not made known to the
test subject.
(11) A health facility may develop a standard protocol for an
HIV test performed upon a patient in the health facility in
preparation for an incisive or invasive surgical procedure.
(12) This section does not apply to an HIV test performed upon
a patient in a health facility if the conditions in subdivisions
(a) and (b) or the conditions in subdivisions (a) and (c) are met:
(a) The patient is informed in writing upon admission to the
health facility that an HIV test may be performed upon the patient
without
the written consent required under this section his or her
right to decline under circumstances described in subdivision (b)
or (c). As used in this subdivision, "admission" means the
provision of an inpatient or outpatient health care service in a
health facility.
(b) The HIV test is performed after a health professional,
health facility employee, police officer, or fire fighter, or a
medical first responder, emergency medical technician, emergency
medical technician specialist, or paramedic licensed under section
20950 or 20952 sustains in the health facility, while treating the
patient before transport to the health facility, or while
transporting the patient to the health facility, a percutaneous,
mucous membrane, or open wound exposure to the blood or other body
fluids of the patient.
(c) The HIV test is performed pursuant to a request made under
section 20191(2).
(13)
Subsections (1) to (3) do This
section does not apply if
the test subject is unable to receive or understand, or both, the
pretest counseling and the pamphlet described in subsections (1) to
(3)
or to execute the signed decline
the test in writing as
described in subsection (2), and the legally authorized
representative of the test subject is not readily available to
receive
the pamphlet or execute written consent decline for the
test subject.
(14) If the results of an HIV test performed pursuant to
subsection (11) or (12) or under circumstances described in
subsection (13) indicate that the patient is HIV infected, the
health facility shall inform the patient of the positive test
results and provide the patient with appropriate counseling
regarding HIV infection and acquired immunodeficiency syndrome.
