SB 569

substitute for
Senate BILL NO. 569
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5431, 5841, 13104, and 16315 (MCL
333.5431, 333.5841, 333.13104, and 333.16315), section 5431 as amended by 2002
PA 691, section 5841 as amended by 2015 PA 91, section 13104 as amended by 2010
PA 375, and section 16315 as amended by 2020 PA 169.
the peoplE of the state of michigan enact:
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Sec. 5431. (1) A health professional in
charge of the care of a newborn infant or, if none, the health professional in
charge at the birth of an infant shall administer or cause to be administered
to the infant a test for each of the following:
(a)
Phenylketonuria.
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(b) Galactosemia.
(c) Hypothyroidism.
(d) Maple syrup
urine disease.
(e) Biotinidase
deficiency.
(f) Sickle cell
anemia.
(g) Congenital
adrenal hyperplasia.
(h) Medium-chain
acyl-coenzyme A dehydrogenase deficiency.
(i) Other treatable
but otherwise disabling conditions as designated by the department.
(2) The informed
consent requirements of sections 17020 and 17520 do not apply to the tests
required under subsection (1). The tests required under subsection (1) shall must be
administered and reported within a time and under conditions prescribed by the
department. The department may require that the tests be performed by the
department.
(3) If the results
of a test administered under subsection (1) are positive, the results shall must be
reported to the infant's parents, guardian, or person in loco parentis. A
person is in compliance with this subsection if the person makes a good faith good-faith effort
to report the positive test results to the infant's parents, guardian, or
person in loco parentis.
(4) Subject to the
annual adjustment required under this subsection and subject to subsection (6),
if the department performs 1 or more of the tests required under subsection
(1), the department may charge a fee for the tests of not more than $53.71. The
department shall adjust the amount prescribed by this subsection annually by an
amount determined by the state treasurer to reflect the cumulative annual
percentage change in the Detroit consumer price
index. Consumer Price Index. As used in
this
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subsection,
"Detroit consumer price index" Consumer Price Index" means the most
comprehensive index of consumer prices available for the Detroit Detroit-Warren-Dearborn
area from the bureau of labor statistics Bureau of Labor Statistics of the United States department of labor.Department
of Labor.
(5) A person who
violates this section or a rule promulgated under this part is guilty of a
misdemeanor.
(6) The department
shall provide for a hardship waiver of the fee authorized under subsection (4)
under circumstances found appropriate by the department.
(7) The department
shall do all of the following in regard to the blood specimens taken for
purposes of conducting the tests required under subsection (1):
(a) By April 1,
2000, develop a schedule for the retention and disposal of the blood specimens
used for the tests after the tests are completed. The schedule shall must meet at
least all of the following requirements:
(i) Be consistent with nationally recognized
standards for laboratory accreditation and federal law.
(ii) Require that the disposal be conducted
in compliance with section 13811.
(iii) Require that the disposal be conducted
in the presence of a witness. For purposes of this subparagraph, the witness
may be an individual involved in the disposal or any other individual.
(iv) Require that a written record of the
disposal be made and kept, and that the witness required under subparagraph (iii) signs the record.
(b) Allow the blood
specimens to be used for medical research during the retention period
established under subdivision (a), as
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long
as the medical research is conducted in a manner that preserves the
confidentiality of the test subjects and is consistent to protect human
subjects from research risks under subpart A of
part 46 of subchapter A of title 45 of the code of federal regulations.45 CFR 46.101 to 46.124.
(8) The department
shall rewrite its pamphlet explaining the requirements of this section when the
supply of pamphlets in existence on March 15, 2000 is exhausted. When the
department rewrites the explanatory pamphlet, it the department shall include at least all of the
following information in the pamphlet:
(a) The nature and
purpose of the testing program required under this section, including, but not
limited to, a brief description of each condition or disorder listed in
subsection (1).
(b) The purpose and
value of the infant's parent, guardian, or person in loco parentis retaining a
blood specimen obtained under subsection (9) in a safe place.
(c) The
department's schedule for retaining and disposing of blood specimens developed
under subsection (7)(a).
(d) That the blood
specimens taken for purposes of conducting the tests required under subsection
(1) may be used for medical research pursuant to subsection (7)(b).
(9) In addition to
the requirements of subsection (1), the health professional described in
subsection (1) or the hospital or other facility in which the birth of an
infant takes place, or both, may offer to draw an additional blood specimen
from the infant. If such an offer is made, it shall
must be made to the infant's parent,
guardian, or person in loco parentis at the time the blood specimens are drawn
for purposes of subsection (1). If the infant's parent, guardian, or person in
loco parentis accepts
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the
offer of an additional blood specimen, the blood specimen shall must be
preserved in a manner that does not require special storage conditions or
techniques, including, but not limited to, lamination. The health professional
or hospital or other facility employee making the offer shall explain to the
parent, guardian, or person in loco parentis at the time the offer is made that
the additional blood specimen can be used for future identification purposes
and should be kept in a safe place. The health professional or hospital or
other facility making the offer may charge a fee that is not more than the
actual cost of obtaining and preserving the additional blood specimen.
(10) Beginning for the fiscal year ending September 30, 2027, and for
each fiscal year thereafter through September 30, 2029, $1,000,000.00 of the
collected newborn screening fees and any interest and earnings for those fees
is transferred to and must be deposited into the general fund.
Sec. 5841. (1) All or part of the charges
for the medical care and treatment of a child or youth with special health care
needs must be paid to the department of treasury by the child, parent, or
spouse, if that individual has the ability to pay. The payment must be in the
amount and at a rate determined by agreement between the individual and the
department. Upon treatment of the child or youth with special health care
needs, the department shall furnish the department of treasury information
required to keep a correct account of the money due this state from the child,
parent, or spouse. The department of treasury shall credit the parent
participation payments to the parent participation fund.
(2) The department
may modify or cancel an agreement made under this section based on economic or
other factors and shall
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report
that action to the department of treasury.
(3) The department
of treasury may accept and issue a receipt for an amount due under an agreement
or modification to an agreement under this section.
(4) Beginning for the fiscal year ending September 30, 2027, and for
each fiscal year thereafter through September 30, 2029, $220,000.00 of the
money in the parent participation fund in subsection (1) and any interest and
earnings for those fees is transferred to and must be deposited into the
general fund.
Sec. 13104. (1) An individual shall not
tattoo, brand, or perform body piercing on another individual unless the
tattooing, branding, or body piercing occurs at a body art facility licensed
under this part. Any tattooing, branding, or body piercing occurring in this
state other than at a facility licensed under this part is considered an
imminent danger under section 2251 or 2451 and the department or a local health
department shall order the immediate cessation of that activity in the manner
prescribed in this act.
(2) The owner or
operator of a body art facility shall apply to the department for a body art
facility license under this part on a form provided by the department and at
the time of application shall pay to the department the appropriate fee
prescribed under subsection (4). The department shall issue a license on an
annual basis to a body art facility that meets the requirements of this part or
for a time period not to exceed 14 consecutive days to a temporary body art
facility that meets the requirements of this part.
(3) If the
department determines that the application is complete and the body art
facility proposed or operated by the
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applicant
meets the requirements of this part and any rules promulgated under this part,
the department shall issue the appropriate license to the applicant for the
operation of that body art facility. Except for a temporary license issued
under this part, the license is effective for up to 1 year and expires at 12
midnight on December 31. A temporary license issued under this part is
effective for not more than 14 consecutive days and expires at 12 midnight on
the date prescribed on the temporary license.
(4) Except as
otherwise provided in this part, the applicant shall pay 1 of the following
fees at the time of application for a body art facility license:
(a)
For an
annual license
$
500.00.
(b)
For a
temporary license to operate a body art facility at a fixed location for not
more than 14 consecutive days
$
150.00.
(5) An applicant
for a new annual license that is filed on or after July 1 shall only pay 50% of
the fee prescribed in subsection (4)(a). A licensee that fails to submit an
application for a license renewal on or before December 1, in addition to the
license fee under subsection (4)(a), shall pay an additional $250.00 late fee.
(6) The department
shall issue a duplicate license upon request of a licensee and the payment of a
duplicate license fee of $50.00.
(7) Unless a
different distribution is provided for in a cost reimbursement program under
sections 2471 to 2498, the department shall distribute a portion of a fee
collected under this section from an applicant or licensee to a local health
department authorized to enforce this part under section 13108 as follows:
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(a) From the annual
license fee under subsection (4)(a) or (5) and, if applicable, from the late
fee under subsection (5), 50%.
(b) From the
temporary license fee under subsection (4)(b), 75%.
(c) From the
duplicate license fee under subsection (6), 50%.
(8) The department
shall adjust the fees prescribed in this section annually by an amount
determined by the state treasurer to reflect the cumulative annual percentage
change in the Detroit-Ann Arbor-Flint consumer
price index, Consumer Price Index, but
not by an amount that exceeds 5%. As used in this subsection, "Detroit-Ann
Arbor-Flint consumer price index" Consumer Price Index" means the most
comprehensive index of consumer prices available for the Detroit, Detroit-Warren-Dearborn,
Ann Arbor, and Flint areas from the bureau
of labor statistics Bureau of Labor Statistics of
the United States department of labor.Department of Labor.
(9) Beginning for the fiscal year ending September 30, 2027, and for
each fiscal year thereafter through September 30, 2029, $100,000.00 of the
collected body art facility license fees and any interest and earnings for
those fees is transferred to and must be deposited into the general fund.
Sec. 16315. (1) The health professions
regulatory fund is established in the state treasury. Except as otherwise
provided in this section, the state treasurer shall credit the fees collected
under sections 16319 to 16349 to the health professions regulatory fund. Except
as otherwise provided in this section, the money in the health professions
regulatory fund shall must be expended only as provided in subsection (5).
(2) The state
treasurer shall direct the investment of the health professions regulatory
fund. Interest and earnings from
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health
professions regulatory fund investment shall must be credited to the health professions regulatory
fund.
(3) The
unencumbered balance in the health professions regulatory fund at the close of
the fiscal year shall remain remains in the health professions regulatory fund and
shall does not
revert to the general fund.
(4) The health
professions regulatory fund may receive gifts and devises and other money as
provided by law.
(5) The department
shall use the health professions regulatory fund to carry out its powers and
duties, under this
article, article 7, and article 8, including, but not limited to,
reimbursing the department of attorney general for the reasonable cost of
services provided to the department under this article, article 7, and article
8.
(6) The nurse
professional fund is established in the state treasury. Of the money that is
attributable to per-year license fees collected under section 16327, the state
treasurer shall credit $8.00 of each individual annual license fee collected to
the nurse professional fund. The money in the nurse professional fund shall must be
expended only as provided in subsection (9).
(7) The state
treasurer shall direct the investment of the nurse professional fund, and shall
credit interest and earnings from the investment to the nurse professional
fund. The nurse professional fund may receive gifts and devises and other money
as provided by law.
(8) The
unencumbered balance in the nurse professional fund at the close of the fiscal
year shall remain remains
in the nurse professional fund and shall does not revert to the general fund.
(9) The department
of health and human services shall use the
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nurse
professional fund each fiscal year only as follows:
(a) To promote safe
patient care in all nursing practice environments.
(b) To advance the
safe practice of the nursing profession.
(c) To ensure a
continuous supply of high-quality direct care nurses, nursing faculty, and
nursing education programs.
(d) To operate a
nursing scholarship program.
(10) The pain
management education and controlled substances electronic monitoring and
antidiversion fund is established in the state treasury.
(11) The state
treasurer shall direct the investment of the pain management education and
controlled substances electronic monitoring and antidiversion fund. Interest
and earnings from investment of the pain management education and controlled
substances electronic monitoring and antidiversion fund shall must be
credited to the pain management education and controlled substances electronic
monitoring and antidiversion fund.
(12) The
unencumbered balance in the pain management education and controlled substances
electronic monitoring and antidiversion fund at the close of the fiscal year shall remain remains in
the pain management education and controlled substances electronic monitoring
and antidiversion fund and shall does not revert to the general fund. The pain
management education and controlled substances electronic monitoring and
antidiversion fund may receive gifts and devises and other money as provided by
law. Twenty dollars of the license fee received by the department under section
16319 shall must be
deposited with the state treasurer to the credit of the pain management
education and controlled substances electronic monitoring and antidiversion
fund. The department shall
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use
the pain management education and controlled substances electronic monitoring
and antidiversion fund only in connection with programs relating to pain
management education for health professionals, preventing the diversion of
controlled substances, and development and maintenance of the electronic
monitoring system for controlled substances data required by section 7333a.
(13) For the fiscal year ending September 30, 2020 only,
$10,000,000.00 of the money in the health professions regulatory fund is
transferred to and must be deposited into the general fund.