Legislative Analysis
Phone: (517) 373-8080
TESTING BREAST MILK FOR HIV
http://www.house.mi.gov/hfa
House Bill 4728 as reported from committee Analysis available at
Sponsor: Rep. Julie M. Rogers http://www.legislature.mi.gov
Committee: Health Policy
Complete to 6-26-24
SUMMARY:
House Bill 4728 would amend the Public Health Code to change HIV testing requirements for
breast milk. Under the code, a person who obtains self-replicating body fluids to introduce into
a human body must test each donor for HIV or an HIV antibody, and the donor’s fluids cannot
be used if the test results are positive. The code requires testing of each potential donor. A
regular donor also must be tested at least every three months. The bill would eliminate the
requirement for quarterly testing of regular donors.
Self-replicating body fluids means bodily fluids that are reproduced by the body, such
as breast milk, but specifically excluding blood and sperm.
MCL 333.9123
FISCAL IMPACT:
House Bill 4728 would have a negligible fiscal impact on state expenditures to the Department
of Health and Human Services (DHHS) or local units of government. The fiscal impact of the
bill would be dependent on any laboratory savings associated with a decrease in required HIV
testing of frequent donor samples.
POSITIONS:
The following entities indicated support for the bill:
• Department of Health and Human Services (10-19-23)
• Michigan Council for Maternal and Child Health (10-19-23)
• Michigan Health and Hospital Association (10-19-23)
• HIV/AIDS Alliance of Michigan (10-19-23)
• Michigan Nurses Association (10-26-23)
Legislative Analyst: Rick Yuille
Fiscal Analyst: Sydney Brown
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
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Statutes affected:
House Introduced Bill: 333.9123
As Passed by the House: 333.9123