HOUSE BILL No. 6473
November 7, 2002, Introduced by Rep. Kolb and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5717 and 5721 (MCL 333.5717 and 333.5721), section 5717 as added by 1987 PA 48 and section 5721 as amended by 1988 PA 236. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5717. The department shall establish a birth defects 2 registry for all of the following purposes: 3 (a) To provide information on the incidence, PREVALENCE, and 4 trends of birth defects, FETAL DEATHS, AND MISCARRIAGES among 5 Vietnam-era veterans, and their families, and among the gen- 6 eral population. 7 (b) To provide information to determine whether 8 environmental hazards, such as INCLUDING, BUT NOT LIMITED TO, 9 exposure to agent orange, PESTICIDES, or chemical agents AND 07783'02 KAO 2 1 LOCATION IN CLOSE PROXIMITY TO AN INDUSTRIAL OR MANUFACTURING 2 FACILITY, are associated with birth defects, and to FETAL 3 DEATHS, AND MISCARRIAGES AMONG VIETNAM-ERA VETERANS, THEIR FAMI- 4 LIES, AND THE GENERAL POPULATION. 5 (C) TO provide information as to other possible causes of 6 birth defects, FETAL DEATHS, AND MISCARRIAGES among Vietnam-era 7 veterans, THEIR FAMILIES, and among the general population. 8 (D) (c) To develop prevention strategies INCLUDING, BUT 9 NOT LIMITED TO, EDUCATION AND OUTREACH for reducing the incidence 10 of birth defects, FETAL DEATHS, AND MISCARRIAGES among 11 Vietnam-era veterans, and their families, and among the gen- 12 eral population. 13 Sec. 5721. (1) Each diagnosed incidence of a birth defect, 14 including a congenital or structural malformation, or a biochemi- 15 cal or genetic disease, and any OTHER information relevant to 16 incidents of birth defects, shall be reported to the department 17 WITHIN 30 DAYS OF THE DIAGNOSIS. The reporting shall begin not 18 later than the next calendar year after June 11, 1987. 19 (2) EACH FETAL DEATH AND MISCARRIAGE AND ANY OTHER INFORMA- 20 TION RELEVANT TO THE FETAL DEATH OR MISCARRIAGE, INCLUDING, BUT 21 NOT LIMITED TO, THE MEDICAL RECORDS OF THE MOTHER SHALL BE 22 REPORTED TO THE DEPARTMENT WITHIN 30 DAYS OF THE INCIDENT. 23 (3) (2) The department shall maintain comprehensive state- 24 wide records of all information reported to the birth defects 25 registry. The information reported shall be IS CONFIDENTIAL 26 AND subject to the same requirements of confidentiality as 07783'02 3 1 provided in UNDER section 2631 for data or records concerning 2 medical research projects. 3 (4) (3) The director shall promulgate rules which THAT 4 provide for all of the following: 5 (a) A list of birth defects, including, but not limited to, 6 congenital and structural malformations, and biochemical or gene- 7 tic diseases, and other relevant information to be reported. 8 (b) The quality, and manner, in which the incidents of 9 birth defects AND FORM FOR REPORTING EACH BIRTH DEFECT, FETAL 10 DEATH, MISCARRIAGE, and other information is to be reported TO 11 THE DEPARTMENT. 12 (c) The terms and conditions under which records maintained 13 under this section, including any records containing the name and 14 medical condition of a specific individual, may be released by 15 the department. 16 (5) (4) This section does not compel an individual to 17 submit to medical examination or supervision by the department or 18 otherwise. 19 (6) (5) The department may contract DO 1 OR MORE OF THE 20 FOLLOWING: 21 (A) CONTRACT for the collection and analysis of, and 22 research related to, the data required under this section. 23 (B) CONTRACT FOR THE STUDY OF ENVIRONMENTAL HAZARDS IN THIS 24 STATE AND ITS RELATION TO BIRTH DEFECTS, FETAL DEATHS, AND 25 MISCARRIAGES. 26 (C) CONTRACT FOR THE MONITORING OF THE BIRTH REGISTRY 27 PROGRAM AND EVALUATING COMPLIANCE WITH THE PROGRAM. 07783'02 4 1 (7) (6) Within 2 years after June 11, 1987, the THE 2 department shall begin evaluating EVALUATE the information 3 reported to the birth defects registry. The department shall 4 publish and make available to the public ANNUAL reports summariz- 5 ing the information collected. The first summary report shall 6 be published not later than 180 days after the end of the first 2 7 full calendar years after June 11, 1987. Subsequent annual 8 ANNUAL summary reports shall be made on a full calendar year 9 basis and published not later than 180 days after the end of each 10 calendar year. 07783'02 Final page. KAO