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MI HB4583

Bill

Status

Passed

12/29/2010

Primary Sponsor

Harold Haugh

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Origin

House of Representatives

95th Legislature

AI Summary

  • Physicians must obtain written or verbal informed consent from patients before ordering HIV tests for diagnostic purposes, with documentation maintained in medical records.

  • Beginning January 1, 2011, pretest information must include explanation of the test purpose and limitations, how HIV is transmitted and prevented, and patient rights including the right to decline testing and confidentiality protections.

  • Michigan medical boards must notify all physicians of these requirements by January 1, 2011, and provide the required information materials free of charge upon request.

  • Patients may request anonymous HIV testing at department-approved testing sites using a coded system that does not identify them, with partner notification procedures applied if results are positive.

  • Exceptions to informed consent requirements apply in limited circumstances, including exposure incidents involving health workers and when patients are unable to understand information and their legal representative is unavailable.

Legislative Description

Health; testing; requirement to obtain written informed consent and provide counseling before testing for human immunodeficiency virus (HIV); eliminate, and require physician to provide pretest information and give option to decline test in writing. Amends sec. 5133 of 1978 PA 368 (MCL 333.5133).

Health, occupations

Last Action

Assigned Pa 320'10 With Immediate Effect

12/29/2010

Committee Referrals

Health Policy3/17/2009

Full Bill Text

No bill text available