Bill Text: MI SB0379 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Health; code; references of venereal disease; revise to sexually transmitted infection. Amends sec. 5123 of 1978 PA 368 (MCL 333.5123). TIE BAR WITH: SB 0374'15, SB 0375'15, SB 0376'15, SB 0377'15, SB 0378'15, SB 0380'15, SB 0381'15
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2016-04-12 - Assigned Pa 0068'16 With Immediate Effect [SB0379 Detail]
Download: Michigan-2015-SB0379-Chaptered.html
Act No. 68
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 Warren, Hertel, Gregory and Marleau
ENROLLED SENATE BILL No. 379
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 5123 (MCL 333.5123), as amended by 1994 PA 200.
The People of the State of Michigan enact:
Sec. 5123. (1) A physician or an individual otherwise authorized by law to provide medical treatment to a pregnant woman shall take or cause to be taken, at the time of the woman’s initial examination, test specimens of the woman and shall submit the specimens to a clinical laboratory approved by the department for the purpose of performing tests approved by the department for sexually transmitted infection, HIV or an antibody to HIV, and hepatitis B. If, when a woman appears at a health care facility to deliver an infant or for care in the immediate postpartum period having recently delivered an infant outside a health care facility, no record of results from the tests required under this subsection is readily available to the physician or individual otherwise authorized to provide care in such a setting, then the physician or individual otherwise authorized to provide care shall take or cause to be taken specimens of the woman and shall submit the specimens to a clinical laboratory approved by the department for the purpose of performing department approved tests for sexually transmitted infection, HIV or an antibody to HIV, and hepatitis B. This subsection does not apply if, in the professional opinion of the physician or other person, the tests are medically inadvisable or the woman does not consent to be tested.
(2) The physician or other individual described in subsection (1) shall make and retain a record showing the date the tests required under subsection (1) were ordered and the results of the tests. If the tests were not ordered by the physician or other person, the record shall contain an explanation of why the tests were not ordered.
(3) The test results and the records required under subsection (2) are not public records, but shall be available to a local health department and to a physician who provides medical treatment to the woman or her offspring.
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. 377.
(e) Senate Bill No. 378.
(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
