SENATE BILL NO. 1199

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 9601 (MCL 333.9601), as amended by 1992 PA 79, and by adding section 5126.

the people of the state of michigan enact:

Sec. 5126. (1) Beginning January 1, 2025, a primary care physician shall inform individuals that qualified minors are eligible to be tested for PFAS levels using a complete panel test. If a parent, legal guardian, or person in loco parentis of the qualified minor consents to the test for PFAS levels under this section, the primary care physician shall order a full panel to test for PFAS levels.

(2) A full panel to test for PFAS levels must be collected at a hospital reference laboratory to ensure a sufficient sample of blood is obtained. The sample of blood must be sent to the state testing laboratory for analysis.

(3) If a parent, legal guardian, or person in loco parentis of a qualified minor consents, the department and any research institution described under subsection (4) may retain the resulting data collected from a blood sample analyzed under this section and use the data for a pilot study.

(4) The pilot study under subsection (3) will be under the auspices of the department but performed by a research institution that performs research studies. A research institution must obtain approval of the pilot study by the applicable institutional review board.

(5) The department, in conjunction with the research institution described under subsection (4), shall develop and publish a pamphlet that provides educational material regarding PFAS.

(6) The department shall promulgate rules to implement this section. The rules must include, but are not limited to, establishing the level of PFAS that the department determines is an elevated PFAS level for a qualified minor.

(7) As used in this section:

(a) "Hospital reference laboratory" means a secondary or tertiary facility, including Corewell Health, Trinity Health, or University of Michigan West.

(b) "PFAS" means perfluoroalkyl and polyfluoroalkyl substances.

(c) "Primary care physician" includes, but is not limited to, a physician who specializes in pediatrics and a physician who provides annual physical examinations to minors.

(d) "Qualified minor" means a minor who is 10 years of age or younger and who lives in a household that uses water from a well that is located in Kent or Ottawa County and in an area that has been identified by the Michigan PFAS action response team as having elevated levels of PFAS.

(e) "State testing laboratory" means a laboratory described under section 9601.

Sec. 9601. (1) The department shall maintain and operate laboratories for the protection of the public health by developing or otherwise providing for adequate laboratory services to support public health programs and to fulfill the requirements of law. The director shall determine the services to be offered by the laboratories. Laboratories established by law on the effective date of this part shall June 2, 1992 must be continued until otherwise provided by law. Other laboratories shall must be located at places designated by the department.

(2) The state, counties, and cities may enter into agreements and contracts necessary or appropriate to the establishment, operation, and maintenance of the laboratories required under subsection (1).

(3) Beginning October 1, 1991, Except for a full panel to test for PFAS levels under section 5126, the director may charge a reasonable fee for a testing service provided by a laboratory maintained and operated by the department under subsection (1). For fiscal year 1991-92 and subsequent fiscal years, the The director shall not charge a fee under this subsection that is greater than the fees established under Executive Order No. 1991-17. Before collecting a fee under this subsection, the department shall develop and publish a comprehensive schedule of testing services and fees. The schedule shall must include a description of each testing service and the maximum fee charged for each testing service. Along with the schedule submitted to the director of the department of technology, management, and budget for approval under this subsection, the department shall submit a statement of the rationale used in determining the fees contained in the schedule. The department shall submit the schedule for approval to the director of the department of technology, management, and budget. The fees contained in the schedule shall must not exceed the amount necessary to fund the testing service provided. The department also shall submit to the director of the department of technology, management, and budget for approval any revision to the original schedule of testing services and fees.

(4) The department shall submit to the director of the department of technology, management, and budget and to the legislature an annual report that contains all of the following information:

(a) The number of tests performed in the preceding year for which a fee can be charged under this section.

(b) The total amount of fees collected under this section.

(c) Any costs related to providing testing services for which a fee can be charged under this section.