SENATE BILL No. 723

 

 

October 4, 2011, Introduced by Senators MARLEAU, ROBERTSON, GREEN, EMMONS, HUNE, WARREN, BIEDA, SCHUITMAKER, GLEASON, MOOLENAAR, SMITH, BOOHER, HANSEN, CASPERSON, PAPPAGEORGE, WALKER, JANSEN, PROOS, HILDENBRAND, PAVLOV, GREGORY, KOWALL, ANDERSON, NOFS, KAHN, MEEKHOF, JONES, RICHARDVILLE, COLBECK, CASWELL, ROCCA, HUNTER and BRANDENBURG and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 10301.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10301. (1) The department may create, operate, and

 

maintain the peace of mind registry, which shall contain the peace

 

of mind directives of voluntary registrants who are residents of

 

this state. The peace of mind registry shall be created, operated,

 

and maintained as provided in this act.

 

     (2) The department may by contract delegate the creation,

 

operation, and maintenance of a peace of mind registry to a peace

 

of mind registry organization contingent upon the peace of mind

 

registry organization incurring all of the cost related to design,


 

maintain, and operate the registry.

 

     (3) Both of the following conditions apply to a peace of mind

 

directive:

 

     (a) A peace of mind directive shall be submittable through the

 

United States mail and through uploaded portable document format

 

(PDF).

 

     (b) A peace of mind directive application shall contain a

 

signature line following each section.

 

     (4) The peace of mind registry shall meet all of the following

 

requirements:

 

     (a) Be accessible to registrants, health care providers, and

 

the department by way of a designated user identification and

 

password.

 

     (b) Store all an individual's peace of mind directive.

 

However, the most recently signed directive supersedes any earlier

 

directive.

 

     (c) Provide electronic access, including, but not limited to,

 

the transfer of stored peace of mind directives on a continuous

 

basis at no cost to the health care providers.

 

     (d) Provide electronic storage and access to peace of mind

 

directives submitted at no cost to the registrant.

 

     (e) Include a unique identifier-searchable database,

 

including, but not limited to, the last 4 digits of an individual's

 

social security number and the individual's date of birth and

 

address.

 

     (5) The department, the secretary of state, and the department

 

of human services shall each provide on its public website


 

information on peace of mind directives and the peace of mind

 

registry. The department, the secretary of state, and the

 

department of human services shall promote public awareness of the

 

advantages of creating peace of mind directives and the

 

availability of the peace of mind registry.

 

     (6) The peace of mind registry shall satisfy all of the

 

following conditions to the satisfaction of the department:

 

     (a) Maintain a record of each individual who files a peace of

 

mind directive with the department to be stored in the peace of

 

mind registry.

 

     (b) Create and provide forms for the registration of a

 

directive.

 

     (c) Create and provide forms for the revocation of a

 

directive.

 

     (7) The department shall ensure the privacy and security of

 

all documents and information submitted to, transmitted from, or

 

stored in the peace of mind registry. The department and any person

 

who accesses the peace of mind registry shall comply with all other

 

provisions of this act and any other law of this state or federal

 

law establishing privacy and security standards applicable to

 

health or other personal identifying information.

 

     (8) Information in the peace of mind registry shall not be

 

accessed or used for any purpose unrelated to decision making for

 

health care or disposition of human remains, except that the

 

information may be used for statistical or analytical purposes if

 

the individual's identity is not revealed and all personal

 

identifying information remains confidential.


 

     (9) The department or its designee shall provide both of the

 

following to an individual who files a peace of mind directive with

 

the peace of mind registry to be stored in the registry:

 

     (a) A wallet-sized card indicating that the holder has a peace

 

of mind directive in the registry.

 

     (b) An electronic mail message or postcard indicating

 

confirmation of the registration.

 

     (10) By January 31 of each year, the department or peace of

 

mind organization, as applicable, shall report to the standing

 

committees of the house of representatives and senate on health

 

policy stating the total number of current and new registrants who

 

have submitted peace of mind directives during the preceding

 

calendar year.

 

     (11) The department may promulgate rules under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, to provide for the implementation and administration of

 

this section.

 

     (12) A peace of mind registry organization, with which the

 

department has contracted under subsection (2), and its employees

 

are immune from civil liability arising from the accuracy or

 

content of the registry.

 

     (13) As used in this section:

 

     (a) "Department" means the department of community health.

 

     (b) "Health care provider" means any of the following:

 

     (i) A health professional licensed, registered, or otherwise

 

authorized to engage in a health profession under parts 170, 172,

 

175.


 

     (ii) A health facility or agency licensed or certified under

 

article 17.

 

     (c) "Peace of mind directive" or "directive" means an advance

 

health care directive as that term is defined in section 10121 that

 

is registered or filed with the peace of mind registry as provided

 

in this section.

 

     (d) "Peace of mind registry" or "registry" means an internet

 

website containing access to peace of mind directives as provided

 

under this act.

 

     (e) "Peace of mind registry organization" means an

 

organization certified or recertified by the secretary of the

 

United States department of health and human services as a

 

qualified organ procurement organization under 42 USC 273(b), or

 

its successor organization.

 

     (f) "Sign" means that, with the present intent to authenticate

 

or adopt a record, an individual does either of the following:

 

     (i) Executes or adopts a tangible symbol.

 

     (ii) Attaches to or logically associates with the record an

 

electronic symbol, sound, or process.