SB-0723, As Passed Senate, June 6, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 723

     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

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 directive:

     (a) A directive may be submittable through the United States

mail, or through uploaded portable document format (PDF) or another

secure electronic format as determined by the department.

     (b) A directive shall contain a signature line for the

registrant.

     (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 directive. However, the most

recently signed directive supersedes any earlier directive.

     (c) Provide electronic access to stored directives on a

continuous basis at no cost to the health care providers and allow

health care providers to transmit directives into their respective

electronic medical records.

     (d) Provide electronic storage and access to 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 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 directives and the availability of the 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 directive

to be stored in the peace of mind registry and make the record

available to the department.

     (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 and the peace of mind registry organization

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 solely by the department or its designee

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 directive with the peace of

mind registry to be stored in the registry:

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

directive in the registry.

     (b) An electronic mail message or postcard indicating

confirmation of the registration of a directive.

     (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 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, except in the case of willful negligence

or gross negligence.

     (13) A directive that was filed with and stored in the peace

of mind registry shall not be considered to be of greater legal

weight or validity solely by virtue of that filing and storage.

     (14) As used in this section:

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

     (b) "Directive" means a document that is registered or filed

with the peace of mind registry as provided in this act and that is

Senate Bill No. 723 (H-2) as amended May 31, 2012

either of the following:

     (i) A durable power of attorney and designation of patient

advocate under part 5 of article V of the estates and protected

individuals code, 1998 PA 386, MCL 700.5501 to 700.5520.

     (ii) A signed or authorized record concerning an anatomical

gift containing a donor's direction concerning a health care

decision for the donor under the revised uniform anatomical gift

law, sections 10101 to 10123.

     (c) "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, [or

175, or a law of another state substantially similar to part 170, 172,

OR 175.]

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

article 17 [OR A LAW OF ANOTHER STATE SUBSTANTIALLY SIMILAR TO ARTICLE

 17].

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

website containing access to 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.