May 16, 2018, Introduced by Rep. Bizon and referred to the Committee on Health Policy.
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 and syphilis, 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 physician or other person, the tests
are
medically inadvisable or the woman
does not consent to be
tested.
(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.