SENATE BILL NO. 953
June 26, 2024, Introduced by Senator MOSS 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 2002 PA 691,
and by adding section 5433.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5431. (1) A health professional in charge of the care of
2 a newborn infant or, if none, the health professional in charge at
3 the birth of an infant shall administer or cause to be administered
4 to the infant a test for each of the following:
5 (a) Phenylketonuria.
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1 (b) Galactosemia.
2 (c) Hypothyroidism.
3 (d) Maple syrup urine disease.
4 (e) Biotinidase deficiency.
5 (f) Sickle cell anemia.
6 (g) Congenital adrenal hyperplasia.
7 (h) Medium-chain acyl-coenzyme A dehydrogenase deficiency.
8 (i) Other treatable but otherwise disabling conditions as
9 designated by the department.
10 (j) Beginning March 1, 2026, congenital cytomegalovirus.
11 (2) The informed consent requirements of sections 17020 and
12 17520 do not apply to the tests required under subsection (1). The
13 tests required under subsection (1) shall must be administered and
14 reported within a time and under conditions prescribed by the
15 department. The department may require that the tests be performed
16 by the department.
17 (3) If the results of a test administered under subsection (1)
18 (1)(a) to (i) are positive, the results shall must be reported to
19 the infant's parents, guardian, or person in loco parentis. If the
20 results of a test administered under subsection (1)(j) are
21 positive, the results must be reported to the department as
22 required under section 5433 and to the infant's parents, guardian,
23 or person in loco parentis. A person is in compliance with this
24 subsection the requirement to report the results of a test to an
25 infant's parents, guardian, or person in loco parentis if the
26 person makes a good faith good-faith effort to report the positive
27 test results to the infant's parents, guardian, or person in loco
28 parentis.
29 (4) Subject to the annual adjustment required under this
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1 subsection and subject to subsection (6), if the department
2 performs 1 or more of the tests required under subsection (1), the
3 department may charge a fee for the tests of not more than $53.71.
4 The department shall adjust the amount prescribed by this
5 subsection annually by an amount determined by the state treasurer
6 to reflect the cumulative annual percentage change in the Detroit
7 consumer price index. Consumer Price Index. As used in this
8 subsection, "Detroit consumer price index" Consumer Price Index"
9 means the most comprehensive index of consumer prices available for
10 the Detroit area from the bureau of labor statistics Bureau of
11 Labor Statistics of the United States department of
12 labor.Department of Labor.
13 (5) A person who violates this section or a rule promulgated
14 under this part is guilty of a misdemeanor.
15 (6) The department shall provide for a hardship waiver of the
16 fee authorized under subsection (4) under circumstances found
17 appropriate by the department.
18 (7) The department shall do all of the following in regard to
19 the blood specimens taken for purposes of conducting the tests
20 required under subsection (1):
21 (a) By April 1, 2000, develop a schedule for the retention and
22 disposal of the blood specimens used for the tests after the tests
23 are completed. The schedule shall must meet at least all of the
24 following requirements:
25 (i) Be consistent with nationally recognized standards for
26 laboratory accreditation and federal law.
27 (ii) Require that the disposal be conducted in compliance with
28 section 13811.
29 (iii) Require that the disposal be conducted in the presence of
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1 a witness. For purposes of this subparagraph, the witness may be an
2 individual involved in the disposal or any other individual.
3 (iv) Require that a written record of the disposal be made and
4 kept, and that the witness required under subparagraph (iii) signs
5 the record.
6 (b) Allow the blood specimens to be used for medical research
7 during the retention period established under subdivision (a), as
8 long as the medical research is conducted in a manner that
9 preserves the confidentiality of the test subjects and is
10 consistent to protect human subjects from research risks under
11 subpart A of part 46 of subchapter A of title 45 of the code of
12 federal regulations.45 CFR 46.101 to 46.124.
13 (8) The department shall rewrite its pamphlet explaining the
14 requirements of this section when the supply of pamphlets in
15 existence on March 15, 2000 is exhausted. When the department
16 rewrites the explanatory pamphlet, it the department shall include
17 at least all of the following information in the pamphlet:
18 (a) The nature and purpose of the testing program required
19 under this section, including, but not limited to, a brief
20 description of each condition or disorder listed in subsection (1).
21 (b) The purpose and value of the infant's parent, guardian, or
22 person in loco parentis retaining a blood specimen obtained under
23 subsection (9) in a safe place.
24 (c) The department's schedule for retaining and disposing of
25 blood specimens developed under subsection (7)(a).
26 (d) That the blood specimens taken for purposes of conducting
27 the tests required under subsection (1) may be used for medical
28 research pursuant to subsection (7)(b).
29 (9) In addition to the requirements of subsection (1), the
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1 health professional described in subsection (1) or the hospital or
2 other facility in which the birth of an infant takes place, or
3 both, may offer to draw an additional blood specimen from the
4 infant. If such an offer is made, it shall must be made to the
5 infant's parent, guardian, or person in loco parentis at the time
6 the blood specimens are drawn for purposes of subsection (1). If
7 the infant's parent, guardian, or person in loco parentis accepts
8 the offer of an additional blood specimen, the blood specimen shall
9 must be preserved in a manner that does not require special storage
10 conditions or techniques, including, but not limited to,
11 lamination. The health professional or hospital or other facility
12 employee making the offer shall explain to the parent, guardian, or
13 person in loco parentis at the time the offer is made that the
14 additional blood specimen can be used for future identification
15 purposes and should be kept in a safe place. The health
16 professional or hospital or other facility making the offer may
17 charge a fee that is not more than the actual cost of obtaining and
18 preserving the additional blood specimen.
19 (10) The test described in subsection (1)(j) must be
20 administered by a blood spot, saliva, or urine specimen test or by
21 another test for congenital cytomegalovirus that is diagnostically
22 equivalent as determined by the department.
23 Sec. 5433. (1) If the results of a test under section
24 5431(1)(j) are positive, the health professional in charge of the
25 care of the newborn infant or, if none, the health professional in
26 charge at the birth of the infant, the hospital, the local health
27 department, or other facility shall do both of the following:
28 (a) Provide the parent, guardian, or person in loco parentis
29 of the infant with the information described in subsection (2) and
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1 information on available methods of treatment for cCMV.
2 (b) Report to the department, on a form prescribed by the
3 department, the results of the test.
4 (2) The department shall develop and implement a public
5 education program on CMV and cCMV to provide information to
6 pregnant women and women who may become pregnant on all of the
7 following:
8 (a) The incidence of CMV and cCMV.
9 (b) The transmission of CMV to pregnant women and women who
10 may become pregnant.
11 (c) Birth defects caused by cCMV.
12 (d) Methods of diagnosing cCMV.
13 (e) Available preventative measures to avoid the infection of
14 women who are pregnant or may become pregnant.
15 (3) The department shall post the information described in
16 subsection (2) on its website and provide the information to all of
17 the following:
18 (a) A child care program.
19 (b) An individual serving as a school nurse.
20 (c) A person that offers health education in a school
21 district.
22 (d) A health professional, hospital, local health department,
23 or other facility that offers care to pregnant women or infants.
24 (4) As used in this section:
25 (a) "Child care program" means a child care center, group
26 child care home, or family child care home licensed under 1973 PA
27 116, MCL 722.111 to 722.128.
28 (b) "CMV" means cytomegalovirus.
29 (c) "cCMV" means congenital cytomegalovirus.
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Statutes affected:
Senate Introduced Bill: 333.5431