HOUSE BILL No. 4113


     January 28, 1997, Introduced by Rep. Ciaramitaro and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 5431 (MCL 333.5431), as amended by 1992 PA

   81, and by adding section 5123a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 5123A.  (1) A PHYSICIAN OR AN INDIVIDUAL OTHERWISE

 2    AUTHORIZED BY LAW TO PROVIDE MEDICAL TREATMENT TO A PREGNANT

 3    WOMAN SHALL TAKE OR CAUSE TO BE TAKEN, AT A TIME DURING THE PREG-

 4    NANCY CONSIDERED APPROPRIATE BY THE PHYSICIAN OR OTHER AUTHORIZED

 5    INDIVIDUAL, TEST SPECIMENS OF THE WOMAN AND SHALL SUBMIT THE

 6    SPECIMENS TO A CLINICAL LABORATORY LICENSED OR OTHERWISE AUTHO-

 7    RIZED UNDER PART 205 FOR THE PURPOSE OF PERFORMING A TEST

 8    APPROVED BY THE DEPARTMENT FOR NEONATAL GROUP B STREPTOCOCCAL

 9    DISEASE.  THIS SUBSECTION DOES NOT APPLY IF, IN THE PROFESSIONAL

10    OPINION OF THE PHYSICIAN OR OTHER AUTHORIZED INDIVIDUAL, THE TEST


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 1    IS MEDICALLY INADVISABLE OR THE WOMAN DOES NOT CONSENT TO BE

 2    TESTED.

 3         (2) THE PHYSICIAN OR OTHER AUTHORIZED INDIVIDUAL DESCRIBED

 4    IN SUBSECTION (1) SHALL MAKE AND RETAIN A RECORD SHOWING THE DATE

 5    THE TEST REQUIRED UNDER SUBSECTION (1) WAS ORDERED AND THE

 6    RESULTS OF THE TEST.  IF THE TEST WAS NOT ORDERED BY THE PHYSI-

 7    CIAN OR OTHER AUTHORIZED INDIVIDUAL, THE RECORD SHALL CONTAIN AN

 8    EXPLANATION OF WHY THE TEST WAS NOT ORDERED.

 9         (3) THE TEST RESULTS AND THE RECORDS REQUIRED UNDER SUBSEC-

10    TION (2) ARE NOT PUBLIC RECORDS, BUT SHALL BE MADE AVAILABLE TO A

11    LOCAL HEALTH DEPARTMENT AND TO A PHYSICIAN WHO PROVIDES MEDICAL

12    TREATMENT TO THE WOMAN OR HER OFFSPRING.

13         Sec. 5431.  (1) A health professional in charge of the care

14    of a newborn infant or, if none, the health professional in

15    charge at the birth of an infant shall administer or cause to be

16    administered to the infant a test for  phenylketonuria, galactos-

17     emia, hypothyroidism, maple syrup urine disease, biotinidase

18     deficiency, sickle cell anemia, congenital adrenal hyperplasia,

19     and other  EACH OF THE FOLLOWING:

20         (A) PHENYLKETONURIA.

21         (B) GALACTOSEMIA.

22         (C) HYPOTHYROIDISM.

23         (D) MAPLE SYRUP URINE DISEASE.

24         (E) BIOTINIDASE DEFICIENCY.

25         (F) SICKLE CELL ANEMIA.

26         (G) CONGENITAL ADRENAL HYPERPLASIA.





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 1         (H) NEONATAL GROUP B STREPTOCOCCAL DISEASE.

 2         (I) OTHER treatable but otherwise handicapping conditions as

 3    designated by the department.

 4         (2) The test REQUIRED UNDER SUBSECTION (1) shall be adminis-

 5    tered and reported within a time and under conditions prescribed

 6    by the department.  The department may require that the test be

 7    performed by the department.

 8         (3)  (2)  If the results of a test administered under sub-

 9    section (1) are positive, the results shall be reported to the

10    infant's parents, guardian, or person in loco parentis.  A person

11    is in compliance with this subsection if the person makes a good

12    faith effort to report the positive test results to the infant's

13    parent, guardian, or person in loco parentis.  Within 90 days

14     after the effective date of the 1992 amendatory act that added

15     this sentence, the department shall submit for promulgation under

16     section 48 of the administrative procedures act of 1969, being

17     section 24.248 of the Michigan Compiled Laws, emergency  THE

18    DEPARTMENT SHALL PROMULGATE rules that define a good faith effort

19    to report positive test results for purposes of this subsection.

20         (4)  (3)  If the department performs a test required under

21    subsection (1), the department may charge a fee for the test of

22    not more than $25.00.  The amount stated in this subsection shall

23    be adjusted annually by an amount determined by the state trea-

24    surer to reflect the cumulative annual percentage change in the

25    Detroit consumer price index.  As used in this subsection,

26    "Detroit consumer price index" means the most comprehensive index





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 1    of consumer prices available for the Detroit area from the bureau

 2    of labor statistics of the United States department of labor.

 3         (5)  (4)  A person who violates this section or a rule

 4    promulgated under this part is guilty of a misdemeanor.

 5         (6)  (5)  The department shall provide for a hardship waiver

 6    of the fee authorized under subsection  (3)  (4) under circum-

 7    stances found appropriate by the department.










































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