HOUSE BILL NO. 5140
October 12, 2023, Introduced by Reps. VanderWall, Rheingans, Roth, Smit, Borton and Brabec
and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5431 and 5432 (MCL 333.5431 and 333.5432),
section 5431 as amended by 2002 PA 691 and section 5432 as added by
2006 PA 31, and by adding section 5143.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5143. (1) The department shall develop and disseminate
2 informational materials on cytomegalovirus to educate women who may
3 become pregnant, expectant parents, parents of infants, and other
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1 individuals about cytomegalovirus and to raise awareness of
2 cytomegalovirus among health care professionals that provide health
3 care services to expectant mothers or infants. The department shall
4 include all of the following in the informational materials
5 required under this subsection:
6 (a) The incidence of cytomegalovirus.
7 (b) The transmission of cytomegalovirus to pregnant women and
8 women who may become pregnant.
9 (c) Birth defects caused by congenital cytomegalovirus.
10 (d) Methods of diagnosing congenital cytomegalovirus.
11 (e) Testing opportunities and options for congenital
12 cytomegalovirus, including, but not limited to, testing under
13 section 5431.
14 (f) Available preventative measures to avoid the infection of
15 cytomegalovirus in women who are pregnant or may become pregnant.
16 (g) Resources available for a parent of an infant with
17 congenital cytomegalovirus.
18 (2) The department shall obtain expert review of the
19 informational materials under subsection (1) and update the
20 informational materials as needed.
21 (3) As used in this section:
22 (a) "Congenital cytomegalovirus" means the transmission of a
23 cytomegalovirus infection from a pregnant mother to her fetus.
24 (b) "Cytomegalovirus" means the human herpesvirus
25 cytomegalovirus, also known as human herpesvirus 5 and HHV-5.
26 Sec. 5431. (1) A health professional in charge of the care of
27 a newborn infant or, if none, the health professional in charge at
28 the birth of an infant shall administer or cause to be administered
29 to the infant a test for each of the following:
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1 (a) Phenylketonuria.
2 (b) Galactosemia.
3 (c) Hypothyroidism.
4 (d) Maple syrup urine disease.
5 (e) Biotinidase deficiency.
6 (f) Sickle cell anemia.
7 (g) Congenital adrenal hyperplasia.
8 (h) Medium-chain acyl-coenzyme A dehydrogenase deficiency.
9 (i) Other treatable but otherwise disabling conditions as
10 designated by the department.
11 (j) Congenital cytomegalovirus.
12 (2) The informed consent requirements of sections 17020 and
13 17520 do not apply to the tests required under subsection (1). The
14 tests required under subsection (1) shall must be administered and
15 reported within a time and under conditions prescribed by the
16 department. The department may require that the tests be performed
17 by the department.
18 (3) If the results of a test administered under subsection (1)
19 (1)(a) to (i) are positive, the results shall must be reported to
20 the infant's parents, guardian, or person in loco parentis. If the
21 results of a test administered under subsection (1)(j) are
22 positive, the results must be reported to the department as
23 required under section 5432 and to the infant's parents, guardian,
24 or person in loco parentis. A person is in compliance with this
25 subsection the requirement to report the results of a test to an
26 infant's parents, guardian, or person in loco parentis if the
27 person makes a good faith good-faith effort to report the positive
28 test results to the infant's parents, guardian, or person in loco
29 parentis.
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1 (4) Subject to the annual adjustment required under this
2 subsection and subject to subsection (6), if the department
3 performs 1 or more of the tests required under subsection (1), the
4 department may charge a fee for the tests of not more than $53.71.
5 The department shall adjust the amount prescribed by this
6 subsection annually by an amount determined by the state treasurer
7 to reflect the cumulative annual percentage change in the Detroit
8 consumer price index. Consumer Price Index. As used in this
9 subsection, "Detroit consumer price index" Consumer Price Index"
10 means the most comprehensive index of consumer prices available for
11 the Detroit area from the bureau of labor statistics Bureau of
12 Labor Statistics of the United States department of
13 labor.Department of Labor.
14 (5) A person who violates this section or a rule promulgated
15 under this part is guilty of a misdemeanor.
16 (6) The department shall provide for a hardship waiver of the
17 fee authorized under subsection (4) under circumstances found
18 appropriate by the department.
19 (7) The department shall do all of the following in regard to
20 the blood specimens taken for purposes of conducting the tests
21 required under subsection (1):
22 (a) By April 1, 2000, develop a schedule for the retention and
23 disposal of the blood specimens used for the tests after the tests
24 are completed. The schedule shall must meet at least all of the
25 following requirements:
26 (i) Be consistent with nationally recognized standards for
27 laboratory accreditation and federal law.
28 (ii) Require that the disposal be conducted in compliance with
29 section 13811.
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1 (iii) Require that the disposal be conducted in the presence of
2 a witness. For purposes of this subparagraph, the witness may be an
3 individual involved in the disposal or any other individual.
4 (iv) Require that a written record of the disposal be made and
5 kept, and that the witness required under subparagraph (iii) signs
6 the record.
7 (b) Allow the blood specimens to be used for medical research
8 during the retention period established under subdivision (a), as
9 long as the medical research is conducted in a manner that
10 preserves the confidentiality of the test subjects and is
11 consistent to protect human subjects from research risks under
12 subpart A of part 46 of subchapter A of title 45 of the code of
13 federal regulations.45 CFR 46.101 to 46.124.
14 (8) The department shall rewrite its pamphlet explaining the
15 requirements of this section when the supply of pamphlets in
16 existence on March 15, 2000 is exhausted. When the department
17 rewrites the explanatory pamphlet, it the department shall include
18 at least all of the following information in the pamphlet:
19 (a) The nature and purpose of the testing program required
20 under this section, including, but not limited to, a brief
21 description of each condition or disorder listed in subsection (1).
22 (b) The purpose and value of the infant's parent, guardian, or
23 person in loco parentis retaining a blood specimen obtained under
24 subsection (9) in a safe place.
25 (c) The department's schedule for retaining and disposing of
26 blood specimens developed under subsection (7)(a).
27 (d) That the blood specimens taken for purposes of conducting
28 the tests required under subsection (1) may be used for medical
29 research pursuant to subsection (7)(b).
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1 (9) In addition to the requirements of subsection (1), the
2 health professional described in subsection (1) or the hospital or
3 other facility in which the birth of an infant takes place, or
4 both, may offer to draw an additional blood specimen from the
5 infant. If such an offer is made, it shall must be made to the
6 infant's parent, guardian, or person in loco parentis at the time
7 the blood specimens are drawn for purposes of subsection (1). If
8 the infant's parent, guardian, or person in loco parentis accepts
9 the offer of an additional blood specimen, the blood specimen shall
10 must be preserved in a manner that does not require special storage
11 conditions or techniques, including, but not limited to,
12 lamination. The health professional or hospital or other facility
13 employee making the offer shall explain to the parent, guardian, or
14 person in loco parentis at the time the offer is made that the
15 additional blood specimen can be used for future identification
16 purposes and should be kept in a safe place. The health
17 professional or hospital or other facility making the offer may
18 charge a fee that is not more than the actual cost of obtaining and
19 preserving the additional blood specimen.
20 Sec. 5432. (1) If a health professional in charge of the care
21 of a newborn infant or, if none, the health professional in charge
22 at the birth of an infant, the hospital, the local health
23 department, or other facility administers or causes to be
24 administered to the infant a hearing test and screening, then that
25 person or facility shall report to the department, on a form as
26 prescribed by the department, the results of all hearing tests and
27 screens screenings conducted on infants who are less than 12 months
28 of age and on children who have been diagnosed with hearing loss
29 and are less than 3 years of age. The report shall under this
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1 subsection must include the type, degree, and symmetry of the
2 diagnosis, along with and where and when the diagnosis of hearing
3 loss was made.
4 (2) If the results of a test under section 5431(1)(j) are
5 positive, the health professional described under section 5431(1)
6 shall report to the department, on a form as prescribed by the
7 department, the results of the test.
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Statutes affected: House Introduced Bill: 333.5431, 333.5432