March 1, 2005, Introduced by Reps. Kolb, Leland, Alma Smith, Lipsey, Bieda, Donigan and Tobocman 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:
Sec. 5717. The department shall establish a birth defects
registry for all of the following purposes:
(a) To provide information on the incidence, prevalence, and
trends of birth defects, fetal deaths, and miscarriages among
Vietnam-era
veterans, and their families, and among the
general
population.
(b) To provide information to determine whether environmental
hazards, such
as including, but not
limited to, exposure to agent
orange, pesticides, or chemical agents and location in close
proximity to an industrial or manufacturing facility, are
associated
with birth defects, and to fetal deaths, and
miscarriages among Vietnam-era veterans, their families, and the
general population.
(c) To provide information as to other possible causes of
birth defects, fetal deaths, and miscarriages among Vietnam-era
veterans, their families, and among the general population.
(d) (c)
To develop prevention strategies, including, but
not limited to, education and outreach, for reducing the incidence
of birth defects, fetal deaths, and miscarriages among Vietnam-era
veterans, and
their families, and among the general population.
Sec. 5721. (1) Each diagnosed incidence of a birth defect,
including a congenital or structural malformation, or a biochemical
or genetic disease, and any other information relevant to incidents
of birth defects, shall be reported to the department within 30
days
of the diagnosis. The reporting
shall begin not later than
the
next calendar year after June 11, 1987.
(2) Each fetal death and miscarriage and any other information
relevant to the fetal death or miscarriage, including, but not
limited to, the medical records of the mother, shall be reported to
the department within 30 days of the incident.
(3) (2)
The department shall maintain
comprehensive
statewide records of all information reported to the birth defects
registry.
The information reported shall be is confidential and
subject
to the same requirements of confidentiality as provided
in
under section 2631 for data
or records concerning medical
research projects.
(4) (3)
The director shall promulgate rules which that
provide for all of the following:
(a) A list of birth defects, including, but not limited to,
congenital and structural malformations, and biochemical or genetic
diseases, and other relevant information to be reported.
(b)
The quality, and manner, in which the incidents
of
birth
defects and form for reporting each birth defect,
fetal
death,
miscarriage, and other information is
to be reported to
the department.
(c) The terms and conditions under which records maintained
under this section, including any records containing the name and
medical condition of a specific individual, may be released by the
department.
(5) (4)
This section does not compel an individual to submit
to medical examination or supervision by the department or
otherwise.
(6) (5)
The department may contract do 1 or more of the
following:
(a) Contract for the collection and analysis of, and research
related to, the data required under this section.
(b) Contract for the study of environmental hazards in this
state and their relation to birth defects, fetal deaths, and
miscarriages.
(c) Contract for the monitoring of the birth registry program
and evaluating compliance with the program.
(7) (6)
Within 2 years after June 11, 1987, the The
department
shall begin evaluating evaluate the information
reported to the birth defects registry. The department shall
publish and make available to the public annual reports summarizing
the
information collected. The first summary report shall be
published
not later than 180 days after the end of the first 2 full
calendar
years after June 11, 1987. Subsequent annual Annual
summary reports shall be made on a full calendar year basis and
published not later than 180 days after the end of each calendar
year.