HOUSE BILL No. 5029


     October 26, 1999, Introduced by Reps. Gosselin, DeHart, Green, Kuipers, Jansen, Bishop,
Kukuk, Voorhees and Garcia and referred to the Committee on Family and Civil Law.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 5119 (MCL 333.5119), as amended by 1994 PA

   75.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 5119.  (1)  Except as otherwise provided in

 2     subsection (4), an  AN individual applying for a
                       marriage license

 3    shall be  counseled by a physician or a designee of the
             physi-

 4     cian, a physician's assistant, a certified nurse midwife, a
                       cer-

 5     tified nurse practitioner, or a local health officer or a
                       desig-

 6     nee of a local health officer  ADVISED THROUGH THE
                       DISTRIBUTION

 7    OF WRITTEN EDUCATIONAL MATERIALS BY THE COUNTY CLERK regarding

 8    the transmission and prevention of venereal disease and HIV

 9    infection.  A physician or a designee of the physician, a

10     physician's assistant, a certified nurse midwife, a
                       certified


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 1    nurse practitioner, or a local health officer or designee of
             the

 2     local health officer who counsels an applicant for a
                       marriage

 3     license under this subsection  THE WRITTEN
                       EDUCATIONAL MATERIALS

 4    shall  offer  DESCRIBE THE AVAILABILITY to the
             applicant  or

 5     refer the applicant for  OF tests for both venereal
                       disease and

 6    HIV infection.  At the time an application for a marriage license

 7    is filed, the county clerk with whom the application is filed

 8    shall distribute to each applicant educational materials prepared

 9    AND SUPPLIED by the department on topics related to venereal dis-

10    ease, HIV transmission, and prenatal care.  The information shall

11    include a list of locations where HIV counseling and testing

12    services funded by the department are available.

13         (2) A county clerk shall not issue a marriage license to an

14    applicant who fails to present and file with the county clerk
              1

15     of the following:

16          (a) A  A certificate indicating that the
                       applicant has

17    received  counseling  EDUCATIONAL MATERIALS
             regarding the trans-

18    mission and prevention of both venereal disease and HIV infection

19    and has been  offered or referred for  ADVISED OF
             testing for

20    both venereal disease and HIV infection, pursuant to subsection

21    (1).

22          (b) A written objection as described in subsection
             (4). 

23         (3) If either applicant for a marriage license undergoes a

24    test for HIV or an antibody to HIV, and if the test results indi-

25    cate that an applicant is HIV infected, the physician or a desig-

26    nee of the physician, the physician's assistant, the certified

27    nurse midwife, or the certified nurse practitioner or the local



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 1    health officer or designee of the local health officer

 2    administering the test immediately shall inform both applicants

 3    of the test results.  , and shall counsel both applicants
             regard-

 4     ing the modes of HIV transmission, the potential for HIV
                       trans-

 5     mission to a fetus, and protective measures.

 6          (4) An applicant or prospective applicant for a
                       marriage

 7     license may file a written objection with the clerk for the

 8     county in which the license is to be issued stating that the

 9     counseling requirements of subsection (1) violate the
                       personal

10     religious beliefs of the applicant.  Subsection (1) does not

11     apply to an applicant who files a written objection under
                       this

12     subsection.

13          (5) The county clerk for the county in which the
                       license is

14     to be issued may charge a fee for the administrative costs
                       asso-

15     ciated with filing a written objection under subsection (4). 
                       The

16     fee shall not exceed the amount charged by the local health

17     department for that county for marriage license counseling
                       serv-

18     ices performed pursuant to subsection (1). 

19         (4)  (6)  As used in this section:

20         (a) "Certified nurse midwife" means an individual licensed

21    as a registered professional nurse under part 172 who has been

22    issued a specialty certification in the practice of nurse midwif-

23    ery by the board of nursing under section 17210.

24         (b) "Certified nurse practitioner" means an individual

25    licensed as a registered professional nurse under part 172 who

26    has been issued a specialty certification as a nurse practitioner

27    by the board of nursing under section 17210.



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 1         (c) "Physician" means an individual licensed as a physician

 2    under part 170 or an osteopathic physician under part 175.

 3         (d) "Physician's assistant" means an individual licensed as

 4    a physician's assistant under part 170 or part 175.
















































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