An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 9123 (MCL 333.9123), as amended by 2021 PA 128.
The primary objective of this legislation is to mandate the testing of potential donors or their specimens for HIV or HIV antibodies before the use of blood, tissues, organs, or other human specimens for transplantation, transfusion, or other medical procedures. Exceptions to this requirement are allowed in emergency situations where testing cannot be performed within the viable time frame of the specimen. In such cases, informed written consent must be obtained from the recipient or their legal representative.
The bill stipulates that if a test result is positive for HIV, the specimen must not be used, except under specific conditions where the recipient is already HIV positive and consents to the use of the organ. Additionally, the legislation requires that individuals who donate blood for their own use and test positive for HIV may still use their blood if they provide informed consent. The bill also extends these testing requirements to self-replicating body fluids, excluding blood and sperm, and mandates that donors be informed of positive test results.
The legislation modifies existing statutes by adding detailed provisions for informed consent and the use of HIV-positive specimens under certain conditions. It impacts various stakeholders, including medical professionals, donors, and recipients, by ensuring stricter safety protocols and informed consent procedures. The bill also introduces potential civil liabilities for violations, holding individuals or entities accountable for damages resulting from non-compliance.
Co-sponsored by Reps.
Referred to the Committee on Health Policy
Reported without amendment
Passed in the House 103 to 6 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Health Policy
Reported without amendment
Referred to the Committee of the Whole
Reported without amendment
Passed in the Senate 37 to 0 (details)
