October 4, 2011, Introduced by Senators MARLEAU, ROBERTSON, GREEN, EMMONS, HUNE, WARREN, BIEDA, SCHUITMAKER, GLEASON, MOOLENAAR, SMITH, BOOHER, HANSEN, CASPERSON, PAPPAGEORGE, WALKER, JANSEN, PROOS, HILDENBRAND, PAVLOV, GREGORY, KOWALL, ANDERSON, NOFS, KAHN, MEEKHOF, JONES, RICHARDVILLE, COLBECK, CASWELL, ROCCA, HUNTER and BRANDENBURG 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 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 peace
of mind 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 peace of mind
directive:
(a) A peace of mind directive shall be submittable through the
United States mail and through uploaded portable document format
(PDF).
(b) A peace of mind directive application shall contain a
signature line following each section.
(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 peace of mind directive.
However, the most recently signed directive supersedes any earlier
directive.
(c) Provide electronic access, including, but not limited to,
the transfer of stored peace of mind directives on a continuous
basis at no cost to the health care providers.
(d) Provide electronic storage and access to peace of mind
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 peace of mind 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 peace of mind directives and the
availability of the peace of mind 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 peace of
mind directive with the department to be stored in the peace of
mind registry.
(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 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 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 peace of mind directive with
the peace of mind registry to be stored in the registry:
(a) A wallet-sized card indicating that the holder has a peace
of mind directive in the registry.
(b) An electronic mail message or postcard indicating
confirmation of the registration.
(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 peace of mind 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.
(13) As used in this section:
(a) "Department" means the department of community health.
(b) "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,
175.
(ii) A health facility or agency licensed or certified under
article 17.
(c) "Peace of mind directive" or "directive" means an advance
health care directive as that term is defined in section 10121 that
is registered or filed with the peace of mind registry as provided
in this section.
(d) "Peace of mind registry" or "registry" means an internet
website containing access to peace of mind 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.