HB-6022, As Passed Senate, December 19, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6022

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 5123 (MCL 333.5123), as amended by 2016 PA 68.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5123. (1) A Except as otherwise provided in subsection

(3), 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 for the purpose of performing tests for HIV,

syphilis, and hepatitis B, and take or cause to be taken during the

third trimester of the woman's pregnancy test specimens of the

woman for the purpose of performing tests for HIV, hepatitis B, and

syphilis in accordance with guidelines established by the federal

House Bill No. 6022 as amended December 19, 2018

Centers for Disease Control and Prevention, 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, the infections described in this subsection.

     (2) Except as otherwise provided in subsection (3), 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 (1) 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 test

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 approved by the department for sexually

transmitted infection, syphilis, HIV, or an antibody to HIV, and

hepatitis B. This subsection does

     (3) Subsections (1) and (2) do not apply if, in the

professional opinion of the a physician, or other person, the tests

are medically inadvisable or the woman does not consent to be

tested. <<The woman may orally communicate her decision to decline the

 testing.>>

(4) (2) The physician or other individual described in

subsection subsections (1) and (2) shall make and retain a record

showing the date the tests required under subsection subsections

(1) and (2) were ordered and the results of the tests. If the tests

were not ordered by the physician or other person, the record shall

must contain an explanation of why the tests were not ordered.

(5) (3) The test results and the records required under

subsection (2) (4) are not public records, but shall be are

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.