HOUSE BILL No. 5719

 

December 17, 2009, Introduced by Reps. Meltzer and McMillin and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 5127, 6121, and 9132 (MCL 333.5127, 333.6121,

 

and 333.9132), section 5127 as added by 1988 PA 491 and section

 

9132 as added by 1984 PA 153.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5127. (1) Subject to section 5133, the consent to the

 

provision of medical or surgical care, treatment, or services by a

 

hospital, clinic, or physician that is executed by a minor who is

 

or professes to be infected with a venereal disease or HIV is valid

 

and binding as if the minor had achieved the age of majority. The

 

consent is not subject to later disaffirmance by reason of

 

minority. The consent of any other person, including a spouse,

 


parent, or guardian, or person in loco parentis, is not necessary

 

to authorize the services described in this subsection to be

 

provided to a minor.

 

     (2) For medical reasons a Except as otherwise provided in this

 

subsection, the treating physician, and on the advice and direction

 

of the treating physician, a physician, a member of the medical

 

staff of a hospital or clinic, or other health professional, may,

 

but is not obligated to, inform the spouse, shall notify the

 

parent, guardian, or person in loco parentis as to the treatment

 

given to or needed by the minor under subsection (1). The

 

information may shall be given to or withheld from these persons

 

the parent, guardian, or person in loco parentis without consent of

 

the minor and notwithstanding the express refusal of the minor to

 

the providing of the information. A treating physician is not

 

required to notify the parent, guardian, or person in loco parentis

 

under this subsection under any of the following circumstances:

 

     (a) The minor is married. For medical reasons in the case of a

 

married minor, the treating physician, and on the advice and

 

direction of the treating physician, a physician, a member of the

 

medical staff of a hospital or clinic, or other health

 

professional, may notify the minor's spouse as to the treatment

 

given or needed under subsection (1). The information may be given

 

to the spouse without consent of the minor and notwithstanding the

 

express refusal of the minor to the providing of the information

 

under this subdivision.

 

     (b) The minor is emancipated under section 4 of 1968 PA 293,

 

MCL 722.4.

 


     (c) The notification would, in the treating physician's

 

professional opinion, compromise the minor's safety or ability to

 

seek the medical or surgical care, treatment, or services under

 

subsection (1).

 

     (3) A spouse, parent, guardian, or person in loco parentis of

 

a minor is not financially responsible for surgical care,

 

treatment, or services provided under this section.

 

     Sec. 6121. (1) The consent to the provision of substance abuse

 

related medical or surgical care, treatment, or services by a

 

hospital, clinic, or health professional authorized by law executed

 

by a minor who is or professes to be a substance abuser is valid

 

and binding as if the minor had achieved the age of majority. The

 

consent is not subject to later disaffirmance by reason of

 

minority. The consent of any other person, including a spouse,

 

parent, guardian, or person in loco parentis, is not necessary to

 

authorize these services to be provided to a minor.

 

     (2) For medical reasons Except as otherwise provided in this

 

subsection, the treating physician, and on the advice and direction

 

of the treating physician, a member of the medical staff of a

 

hospital or clinic, or other health professional, may, but is not

 

obligated to, inform the spouse, shall notify the parent, guardian,

 

or person in loco parentis as to the treatment given to or needed

 

by the minor under subsection (1). The information may shall be

 

given to or withheld from these persons the parent, guardian, or

 

person in loco parentis without consent of the minor and

 

notwithstanding the express refusal of the minor to the providing

 

of the information. A treating physician is not required to notify

 


the parent, guardian, or person in loco parentis under this

 

subsection under any of the following circumstances:

 

     (a) The minor is married. For medical reasons in the case of a

 

married minor, the treating physician, and on the advice and

 

direction of the treating physician, a physician, a member of the

 

medical staff of a hospital or clinic, or other health

 

professional, may notify the minor's spouse as to the treatment

 

given or needed under subsection (1). The information may be given

 

to the spouse without consent of the minor and notwithstanding the

 

express refusal of the minor to the providing of the information

 

under this subdivision.

 

     (b) The minor is emancipated under section 4 of 1968 PA 293,

 

MCL 722.4.

 

     (c) The notification would, in the treating physician's

 

professional opinion, compromise the minor's safety or ability to

 

seek the medical or surgical care, treatment, or services under

 

subsection (1).

 

     (3) A spouse, parent, guardian, or person in loco parentis of

 

a minor is not legally responsible for service provided under this

 

section.

 

     Sec. 9132. (1) If a minor consents to the provision of

 

prenatal and pregnancy related health care or to the provision of

 

health care for a child of the minor by a health facility or agency

 

licensed under article 17 or a health professional licensed under

 

article 15, the consent shall be valid and binding as if the minor

 

had achieved the age of majority. The consent is not subject to

 

later disaffirmance by reason of minority. The consent of any other

 


person, including the putative father of the child or a spouse,

 

parent, guardian, or person in loco parentis, is not necessary to

 

authorize the provision of health care to a minor or to a child of

 

a minor.

 

     (2) Before providing health care to a minor pursuant to this

 

section, a health facility or agency or a health professional shall

 

inform the minor that the putative father of the child or the

 

minor's spouse, parent, guardian, or person in loco parentis may be

 

notified pursuant to subsection (4).

 

     (3) At the initial visit to the health facility or health

 

professional, permission shall be requested of the minor to contact

 

the minor's parents for any additional medical information which

 

that may be necessary or helpful to the provision of proper health

 

care.

 

     (4) For medical reasons Except as otherwise provided in this

 

subsection, the treating physician, and on the advice and direction

 

of the treating physician, a member of the medical staff of a

 

health facility or agency, or other health professional, may, but

 

is not obligated to, inform the putative father of the child or the

 

spouse, shall notify the parent, guardian, or person in loco

 

parentis and may notify the putative father as to the health care

 

given to or needed by an unmarried minor under subsection (1). The

 

information may shall be given to or withheld from these persons

 

the parent, guardian, or person in loco parentis or may be given to

 

the putative father without consent of the unmarried minor and

 

notwithstanding the express refusal of the minor to the providing

 

of the information. A treating physician is not required to notify

 


the parent, guardian, or person in loco parentis or the putative

 

father under this subsection under any of the following

 

circumstances:

 

     (a) The minor is married. For medical reasons in the case of a

 

married minor, the treating physician, and on the advice and

 

direction of the treating physician, a physician, a member of the

 

medical staff of a hospital or clinic, or other health

 

professional, may notify the minor's spouse as to the treatment

 

given or needed under subsection (1). The information may be given

 

to the spouse without consent of the minor and notwithstanding the

 

express refusal of the minor to the providing of the information

 

under this subdivision.

 

     (b) The minor is emancipated under section 4 of 1968 PA 293,

 

MCL 722.4.

 

     (c) The notification would, in the treating physician's

 

professional opinion, compromise the minor's safety or ability to

 

seek the medical or surgical care, treatment, or services under

 

subsection (1).

 

     (5) As used in this section, "health care" means only

 

treatment or services intended to maintain the life and improve the

 

health of both the minor and the minor's child or fetus.