HOUSE BILL No. 5963


     June 23, 1998, Introduced by Reps. Kilpatrick, Brater, Hale, Anthony, Wojno, Agee, Schermesser, Parks, Varga, LaForge, Bogardus, Frank, Brewer, Mans, Ciaramitaro, Schauer and Gire 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 sections 16269 and 20196.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 16269.  (1) A LICENSEE OR REGISTRANT SHALL NOT ORDER OR

 2    PERFORM A GENETIC TEST ON AN INDIVIDUAL WITHOUT THE INDIVIDUAL'S

 3    WRITTEN, INFORMED CONSENT.

 4         (2) A LICENSEE OR REGISTRANT WHO VIOLATES SUBSECTION (1) IS

 5    SUBJECT TO SECTION 16221(G) AND TO THE CORRESPONDING ADMINISTRA-

 6    TIVE SANCTIONS CONTAINED IN SECTION 16226.

 7         SEC. 20196.  (1) A HEALTH FACILITY OR AGENCY OR A HEALTH

 8    PROFESSIONAL EMPLOYED BY OR UNDER CONTRACT TO THE HEALTH FACILITY

 9    SHALL NOT ORDER OR PERFORM A GENETIC TEST ON A PATIENT IN THE

10    HEALTH FACILITY OR AGENCY WITHOUT THE PATIENT'S WRITTEN, INFORMED

11    CONSENT.


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 1         (2) A HEALTH FACILITY OR AGENCY THAT VIOLATES SUBSECTION (1)

 2    OR IN WHICH SUBSECTION (1) IS VIOLATED IS SUBJECT TO SECTION

 3    20165(1)(B).  A HEALTH PROFESSIONAL WHO VIOLATES SUBSECTION (1)

 4    IS SUBJECT TO SECTION 16269.
















































   03783'97          Final page.                            CPD