SENATE BILL NO. 592 May 11, 1999, Introduced by Senators SCHWARZ, GOUGEON and SHUGARS 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 1998 PA 88. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5431. (1) A health professional in charge of the care 2 of a newborn infant or, if none, the health professional in 3 charge at the birth of an infant shall administer or cause to be 4 administered to the infant a test for each of the following: 5 (a) Phenylketonuria. 6 (b) Galactosemia. 7 (c) Hypothyroidism. 8 (d) Maple syrup urine disease. 9 (e) Biotinidase deficiency. 02938'99 * CPD 2 1 (f) Sickle cell anemia. 2 (g) Congenital adrenal hyperplasia. 3 (h) Other treatable but otherwise disabling conditions as 4 designated by the department. 5 (2) ThetestTESTS required under subsection (1) shall be 6 administered and reported within a time and under conditions pre- 7 scribed by the department. The department may require that the 8testTESTS be performed by the department. 9 (3) If the results of a test administered under subsection 10 (1) are positive, the results shall be reported to the infant's 11 parents, guardian, or person in loco parentis. A person is in 12 compliance with this subsection if the person makes a good faith 13 effort to report the positive test results to the infant's par- 14 ents, guardian, or person in loco parentis. The department shall 15 promulgate rules that define a good faith effort to report posi- 16 tive test results for purposes of this subsection. 17 (4)IfSUBJECT TO SUBSECTION (5), IF the department per- 18 formsa test1 OR MORE OF THE TESTS required under 19 subsection (1), the department may charge a fee for thetest20 TESTS of not more than $25.00. The DEPARTMENT SHALL ADJUST THE 21 amountstated inPRESCRIBED BY this subsectionshall be22adjustedannually by an amount determined by the state treasurer 23 to reflect the cumulative annual percentage change in the Detroit 24 consumer price index. As used in this subsection, "Detroit con- 25 sumer price index" means the most comprehensive index of consumer 26 prices available for the Detroit area from the bureau of labor 27 statistics of the United States department of labor. 02938'99 * 3 1 (5) A person who violates this section or a rule promulgated 2 under this part is guilty of a misdemeanor. 3 (6) The department shall provide for a hardship waiver of 4 the fee authorized under subsection (4) under circumstances found 5 appropriate by the department. 6 (7) THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING IN REGARD 7 TO THE BLOOD SPECIMENS AND OTHER GENETIC MATERIAL TAKEN FOR PUR- 8 POSES OF CONDUCTING THE TESTS REQUIRED UNDER SUBSECTION (1): 9 (A) BY JANUARY 1, 2000, DEVELOP A SCHEDULE FOR THE TEMPORARY 10 RETENTION AND DISPOSAL OF THE BLOOD SPECIMENS AND OTHER GENETIC 11 MATERIAL USED FOR THE TESTS AFTER THE TESTS ARE COMPLETED. THE 12 SCHEDULE SHALL MEET AT LEAST ALL OF THE FOLLOWING REQUIREMENTS: 13 (i) BE CONSISTENT WITH NATIONALLY RECOGNIZED STANDARDS FOR 14 LABORATORY ACCREDITATION AND FEDERAL LAW. 15 (ii) REQUIRE THAT THE DISPOSAL BE CONDUCTED IN COMPLIANCE 16 WITH SECTION 13811. 17 (iii) REQUIRE THAT THE DISPOSAL BE CONDUCTED IN THE PRESENCE 18 OF A WITNESS. 19 (iv) REQUIRE THAT A WRITTEN RECORD OF THE DISPOSAL BE MADE 20 AND KEPT, AND THAT THE WITNESS SIGNS THE RECORD. 21 (B) ALLOW THE BLOOD SPECIMENS AND OTHER GENETIC MATERIALS TO 22 BE USED FOR MEDICAL RESEARCH DURING THE TEMPORARY RETENTION 23 PERIOD ESTABLISHED UNDER SUBDIVISION (A), AS LONG AS THE MEDICAL 24 RESEARCH IS CONDUCTED IN A MANNER THAT PRESERVES THE ANONYMITY OF 25 THE TEST SUBJECTS. 26 (8) THE DEPARTMENT SHALL REWRITE ITS PAMPHLET EXPLAINING THE 27 REQUIREMENTS OF THIS SECTION WHEN THE SUPPLY OF PAMPHLETS IN 02938'99 * 4 1 EXISTENCE ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED 2 THIS SUBSECTION IS EXHAUSTED. WHEN THE DEPARTMENT REWRITES THE 3 EXPLANATORY PAMPHLET, IT SHALL INCLUDE AT LEAST ALL OF THE FOL- 4 LOWING INFORMATION IN THE PAMPHLET: 5 (A) THE NATURE AND PURPOSE OF THE TESTING PROGRAM REQUIRED 6 UNDER THIS SECTION, INCLUDING, BUT NOT LIMITED TO, A BRIEF 7 DESCRIPTION OF EACH CONDITION OR DISORDER LISTED IN SUBSECTION 8 (1). 9 (B) THE PURPOSE AND VALUE OF RETAINING A BLOOD SPECIMEN 10 OBTAINED UNDER SUBSECTION (7)(B) IN A SAFE PLACE. 11 (C) THE DEPARTMENT'S SCHEDULE FOR RETAINING AND DISPOSING OF 12 BLOOD SPECIMENS AND OTHER GENETIC MATERIAL DEVELOPED UNDER 13 SUBSECTION (7)(A). 14 (D) THAT THE BLOOD SPECIMENS AND OTHER GENETIC MATERIAL 15 TAKEN FOR PURPOSES OF CONDUCTING THE TESTS REQUIRED UNDER 16 SUBSECTION (1) MAY BE USED FOR MEDICAL RESEARCH PURSUANT TO 17 SUBSECTION (7)(B). 18 (9) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (1), THE 19 HEALTH PROFESSIONAL DESCRIBED IN SUBSECTION (1) OR THE HOSPITAL 20 OR OTHER FACILITY IN WHICH THE BIRTH OF AN INFANT TAKES PLACE, OR 21 BOTH, SHALL OFFER TO DRAW AN ADDITIONAL BLOOD SPECIMEN FROM THE 22 INFANT. THE OFFER SHALL BE MADE TO THE INFANT'S PARENT, GUARDI- 23 AN, OR PERSON IN LOCO PARENTIS AT THE TIME THE BLOOD SPECIMENS 24 ARE DRAWN FOR PURPOSES OF SUBSECTION (1). THE HEALTH PROFES- 25 SIONAL OR HOSPITAL OR OTHER FACILITY EMPLOYEE MAKING THE OFFER 26 SHALL EXPLAIN TO THE PARENT, GUARDIAN, OR PERSON IN LOCO PARENTIS 27 AT THE TIME THE OFFER IS MADE THAT THE ADDITIONAL BLOOD SPECIMEN 02938'99 * 5 1 CAN BE USED FOR FUTURE IDENTIFICATION PURPOSES AND SHOULD BE KEPT 2 IN A SAFE PLACE. THE HEALTH PROFESSIONAL OR HOSPITAL OR OTHER 3 FACILITY MAKING THE OFFER MAY CHARGE A FEE THAT IS NOT MORE THAN 4 THE ACTUAL COST OF OBTAINING AND PRESERVING THE ADDITIONAL BLOOD 5 SPECIMEN. 02938'99 * Final page. CPD