reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 606 of 1978 - Poison Control Center Network (333.1011 - 333.1013) › Section 333.1012 - Advisory Committee.

333.1012 Advisory committee.
Sec. 2.
The department of public health shall establish an advisory committee composed of a representative of each poison center in this state, for the purpose of developing guidelines for the implementation and operation of the state plan for the poison control center network.
History:
1978, Act 606, Imd. Eff. Jan. 5, 1979
Compiler's Notes:
For transfer of poison control center network advisory committee to department of community health by type III transfer, see E.R.O. No. 2010-9, compiled at MCL 333.26363.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 606 of 1978 - Poison Control Center Network (333.1011 - 333.1013) › Section 333.1013 - State Plan for Poison Control Centers; Standards, Policies, and Procedures.

333.1013 State plan for poison control centers; standards, policies, and procedures.
Sec. 3.
The state plan for poison control centers in this state shall specify standards, policies, and procedures consistent with the criteria adopted by the American association of poison control centers, including all of the following:
(a) The appropriate professional, technical, and administrative staffing patterns for each level of poison control center services.
(b) The scope and quality assurance of specialized training programs for the personnel associated with the poison control center.
(c) The appropriate information, resources, and technical equipment for each level of poison control center services.
(d) A uniform system for data collection, reporting, and statewide publication pursuant to appropriate geographic and therapeutic classifications.
(e) The access to appropriate analytical toxicology laboratory services.
(f) An appropriate communications system.
(g) An appropriate transportation and referral system.
(h) The cooperation commitments with local and area health and emergency medical service agencies, organizations, and associations directly or indirectly interested in poison control activities.
(i) The advancement of a coordinated, quality public education program, provided either directly by personnel associated with a poison control center or by another organization advancing poison prevention and public awareness of poison control.
(j) The uniform methodologies for program evaluation.
History:
1978, Act 606, Imd. Eff. Jan. 5, 1979
2023 Michigan Compiled Laws › Chapter 333 - Health › Repealed - Act 124 of 1979 - Determination of Death Act (333.1021 - 333.1024)

DETERMINATION OF DEATH ACT
Act 124 of 1979
333.1021-333.1024 Repealed. 1992, Act 90, Imd. Eff. June 4, 1992.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 90 of 1992 - Determination of Death Act (333.1031 - 333.1034) › Section 333.1031 - Short Title.

333.1031 Short title.
Sec. 1.
This act shall be known and may be cited as the "determination of death act".
History:
1992, Act 90, Imd. Eff. June 4, 1992
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 90 of 1992 - Determination of Death Act (333.1031 - 333.1034) › Section 333.1032 - Definitions.

333.1032 Definitions.
Sec. 2.
As used in this act:
(a) "Physician" means a person licensed as a physician under part 170 or part 175 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.17001 to 333.17088 and 333.17501 to 333.17556 of the Michigan Compiled Laws.
(b) "Registered nurse" means a person licensed as a registered professional nurse under part 172 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.17201 to 333.17242 of the Michigan Compiled Laws.
History:
1992, Act 90, Imd. Eff. June 4, 1992
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 90 of 1992 - Determination of Death Act (333.1031 - 333.1034) › Section 333.1033 - Determination of Death; Conditions; Accepted Medical Standards; Persons Authorized to Pronounce Death of Person.

333.1033 Determination of death; conditions; accepted medical standards; persons authorized to pronounce death of person.
Sec. 3.
(1) An individual who has sustained either of the following is dead:
(a) Irreversible cessation of circulatory and respiratory functions.
(b) Irreversible cessation of all functions of the entire brain, including the brain stem.
(2) A determination of death shall be made in accordance with accepted medical standards.
(3) A physician or registered nurse may pronounce the death of a person in accordance with this act. This subsection does not prohibit a health facility or agency licensed under article 17 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.20101 to 333.22260 of the Michigan Compiled Laws, from determining which of its medical personnel may pronounce the death of a person in that health facility or agency.
History:
1992, Act 90, Imd. Eff. June 4, 1992
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 90 of 1992 - Determination of Death Act (333.1031 - 333.1034) › Section 333.1034 - Repeal of MCL 333.1021 to 333.1024.

333.1034 Repeal of MCL 333.1021 to 333.1024.
Sec. 4.
Act No. 124 of the Public Acts of 1979, being sections 333.1021 to 333.1024 of the Michigan Compiled Laws, is repealed.
History:
1992, Act 90, Imd. Eff. June 4, 1992
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1051 - Short Title.

333.1051 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan do-not-resuscitate procedure act".
History:
1996, Act 193, Eff. Aug. 1, 1996
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1053 - Execution of Order; Authorized Persons; Form; Printed or Typed Names; Signatures; Witness; Identification Bracelet; Possession; Access.

333.1053 Execution of order; authorized persons; form; printed or typed names; signatures; witness; identification bracelet; possession; access.
Sec. 3.
(1) Subject to section 5, an individual who is 18 years of age or older and of sound mind may execute a do-not-resuscitate order on his or her own behalf. A patient advocate of an individual who is 18 years of age or older may execute a do-not-resuscitate order on behalf of that individual.
(2) An order executed under this section shall be on a form described in section 4. The order shall be dated and executed voluntarily and signed by each of the following persons:
(a) The declarant, the declarant's patient advocate, or another person who, at the time of the signing, is in the presence of the declarant and acting pursuant to the directions of the declarant.
(b) The declarant's attending physician.
(c) Two witnesses 18 years of age or older, at least 1 of whom is not the declarant's spouse, parent, child, grandchild, sibling, or presumptive heir.
(3) The names of all signatories shall be printed or typed below the corresponding signatures. A witness shall not sign an order unless the declarant or the declarant's patient advocate appears to the witness to be of sound mind and under no duress, fraud, or undue influence.
(4) At any time after an order is signed and witnessed, the declarant, the declarant's patient advocate, or an individual designated by the declarant may apply an identification bracelet to the declarant's wrist.
(5) A declarant or patient advocate who executes an order under this section shall maintain possession of the order and shall have the order accessible within the declarant's place of residence or other setting outside of a hospital.
History:
1996, Act 193, Eff. Aug. 1, 1996 ;-- Am. 2013, Act 155, Eff. Feb. 4, 2014
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1053a - Execution of Order by Guardian on Behalf of Ward; Form; Signatures; Printed or Typed Names; Witness; Identification Bracelet; Possession; Access.

333.1053a Execution of order by guardian on behalf of ward; form; signatures; printed or typed names; witness; identification bracelet; possession; access.
Sec. 3a.
(1) A guardian with the power to execute a do-not-resuscitate order under section 5314 of the estates and protected individuals code, 1998 PA 386, MCL 700.5314, may execute a do-not-resuscitate order on behalf of a ward who is not a minor child after complying with section 5314 of the estates and protected individuals code, 1998 PA 386, MCL 700.5314. A guardian of a ward who is a minor child may execute a do-not-resuscitate order on behalf of the ward.
(2) An order executed under this section must be on a form described in section 4. The order must be dated, executed voluntarily, and signed by each of the following individuals:
(a) The guardian.
(b) The ward's attending physician.
(c) Two witnesses 18 years of age or older, each of whom is not the ward's spouse, parent, child, grandchild, sibling, or presumptive heir.
(3) The names of all signatories must be printed or typed below the corresponding signatures. A witness shall not sign an order unless the guardian appears to the witness to be of sound mind and under no duress, fraud, or undue influence.
(4) At any time after an order is signed and witnessed, the guardian, the attending physician or his or her delegatee, or an individual designated by the guardian may apply an identification bracelet to the ward's wrist.
(5) A guardian who executes an order under this section shall do all of the following:
(a) Maintain possession of the order.
(b) Have the order accessible within the ward's place of residence or other setting outside of a hospital.
(c) If applicable, provide a copy of the order to the following:
(i) The administrator of the ward's school or to the administrator's designee.
(ii) The administrator of a facility in which the ward is a patient or resident or to the administrator's designee.
History:
Add. 2013, Act 155, Eff. Feb. 4, 2014 ;-- Am. 2020, Act 363, Eff. Apr. 4, 2021
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1053b - Execution of Order by Parent on Behalf of Minor Child; Form; Signatures; Witness; Identification Bracelet; Possession; Access.

333.1053b Execution of order by parent on behalf of minor child; form; signatures; witness; identification bracelet; possession; access.
Sec. 3b.
(1) A parent may execute a do-not-resuscitate order on behalf of his or her minor child. If the parent shares with another parent legal decision-making authority as to the important decisions affecting the welfare of the minor child, both parents of the minor child must execute the order.
(2) An order executed under this section must be on a form described in section 4. The order must be dated, executed voluntarily, and signed by each of the following individuals:
(a) The parent or, if required under subsection (1), both parents of the minor child.
(b) The minor child's attending physician.
(c) Two witnesses 18 years of age or older, each of whom is not the minor child's parent, child, grandchild, sibling, or presumptive heir.
(3) The names of all signatories must be printed or typed below the corresponding signatures. A witness shall not sign an order unless the parent appears or, if required under subsection (1), both parents of the minor child appear, to the witness to be of sound mind and under no duress, fraud, or undue influence.
(4) At any time after an order is signed and witnessed, the parent, the attending physician or his or her delegatee, or an individual designated by the parent may apply an identification bracelet to the minor child's wrist.
(5) A parent who executes an order under this section shall do all of the following:
(a) Maintain possession of the order.
(b) Have the order accessible within the minor child's place of residence or other setting outside of a hospital.
(c) If applicable, provide a copy of the order to the following:
(i) The administrator of the minor child's school or to the administrator's designee.
(ii) The administrator of a facility in which the minor child is a patient or resident or to the administrator's designee.
History:
Add. 2020, Act 363, Eff. Apr. 4, 2021
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1055 - Persons Depending on Spiritual Means Through Prayer for Healing; Execution of Order; Form; Signatures; Printed or Typed Names; Witness; Identification Bracelet; Possession; Access.

333.1055 Persons depending on spiritual means through prayer for healing; execution of order; form; signatures; printed or typed names; witness; identification bracelet; possession; access.
Sec. 5.
(1) An individual who is 18 years of age or older, of sound mind, and an adherent of a church or religious denomination whose members depend upon spiritual means through prayer alone for healing may execute a do-not-resuscitate order on his or her own behalf. A patient advocate of an individual who is 18 years of age or older and an adherent of a church or religious denomination whose members depend upon spiritual means through prayer alone for healing may execute a do-not-resuscitate order on behalf of that individual.
(2) An order executed under this section shall be on a form described in section 6. The order shall be dated and executed voluntarily and signed by each of the following persons:
(a) The declarant, the declarant's patient advocate, or another person who, at the time of the signing, is in the presence of the declarant and acting pursuant to the directions of the declarant.
(b) Two witnesses 18 years of age or older, at least 1 of whom is not the declarant's spouse, parent, child, grandchild, sibling, or presumptive heir.
(3) The names of all signatories shall be printed or typed below the corresponding signatures. A witness shall not sign an order unless the declarant or the declarant's patient advocate appears to the witness to be of sound mind and under no duress, fraud, or undue influence.
(4) At any time after an order is signed and witnessed, the declarant, the declarant's patient advocate, or an individual designated by the declarant may apply an identification bracelet to the declarant's wrist.
(5) A declarant or patient advocate who executes an order under this section shall maintain possession of the order and shall have the order accessible within the declarant's place of residence or other setting outside of a hospital.
History:
1996, Act 193, Eff. Aug. 1, 1996 ;-- Am. 2013, Act 155, Eff. Feb. 4, 2014
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1056 - Execution of Order Under MCL 333.1055; Form.

333.1056 Execution of order under MCL 333.1055; form.
Sec. 6.
A do-not-resuscitate order executed for an adherent of a church or religious denomination under section 5 shall include, but is not limited to, the following language, and shall be in substantially the following form:
"DO-NOT-RESUSCITATE ORDER
Use the appropriate consent section below:
A. DECLARANT CONSENT
I request that in the event my heart and breathing should stop, no person shall attempt to resuscitate me.
This order will remain in effect until it is revoked as provided by law.
Being of sound mind, I voluntarily execute this order, and I understand its full import.
_______________________________________
_______________
(Declarant's signature)
(Date)
_______________________________________
(Type or print declarant's full name)
_______________________________________
_______________
(Signature of person who signed for declarant, if applicable)
(Date)
_______________________________________
(Type or print full name)
B. PATIENT ADVOCATE CONSENT
I authorize that in the event the declarant's heart and breathing should stop, no person shall attempt to resuscitate the declarant. I understand the full import of this order and assume responsibility for its execution. This order will remain in effect until it is revoked as provided by law.
_______________________________________
_______________
(Patient advocate's signature)
(Date)
_______________________________________
(Type or print patient advocate's name)
ATTESTATION OF WITNESSES
The individual who has executed this order appears to be of sound mind, and under no duress, fraud, or undue influence. Upon executing this order, the declarant has (has not) received an identification bracelet.
______________________________
______________________________
(Witness signature) (Date)
(Witness signature) (Date)
______________________________
______________________________
(Type or print witness's name)
(Type or print witness's name)
THIS FORM WAS PREPARED PURSUANT TO, AND IS IN COMPLIANCE WITH, THE MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACT.".
History:
1996, Act 193, Eff. Aug. 1, 1996 ;-- Am. 2013, Act 155, Eff. Feb. 4, 2014
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1057 - Identification Bracelet.

333.1057 Identification bracelet.
Sec. 7.
(1) A do-not-resuscitate identification bracelet shall possess features that make it clearly recognizable as a do-not-resuscitate identification bracelet including, but not limited to, all of the following:
(a) The identification bracelet shall be imprinted with the words "DO-NOT-RESUSCITATE ORDER", the name and address of the declarant, and the name and telephone number of the declarant's attending physician, if any.
(b) The words required under subdivision (a) shall be printed in a type size and style that is as easily read as practicable, given the size of the identification bracelet.
(2) An individual shall not apply a do-not-resuscitate identification bracelet to another individual unless he or she knows that the other individual is a declarant. An individual who violates this subsection is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
History:
1996, Act 193, Eff. Aug. 1, 1996
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1058 - Copy of Order as Permanent Medical Record.

333.1058 Copy of order as permanent medical record.
Sec. 8.
An attending physician who signs a declarant's do-not-resuscitate order under section 3, 3a, or 3b shall immediately obtain a copy or a duplicate of the executed order and make that copy or duplicate part of the declarant's permanent medical record.
History:
1996, Act 193, Eff. Aug. 1, 1996 ;-- Am. 2013, Act 155, Eff. Feb. 4, 2014 ;-- Am. 2020, Act 363, Eff. Apr. 4, 2021
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1059 - Petition for Review of Order.

333.1059 Petition for review of order.
Sec. 9.
If a person interested in the welfare of the declarant has reason to believe that an order has been executed contrary to the wishes of the declarant or, if the declarant is a ward including a ward who is a minor child, contrary to the wishes or best interests of the ward, the person may petition the probate court to have the order and the conditions of its execution reviewed. If the probate court finds that an order has been executed contrary to the wishes of the declarant or, if the declarant is a ward including a ward who is a minor child, contrary to the wishes or best interests of the ward, the probate court shall issue an injunction voiding the effectiveness of the order and prohibiting compliance with the order.
History:
1996, Act 193, Eff. Aug. 1, 1996 ;-- Am. 2013, Act 155, Eff. Feb. 4, 2014 ;-- Am. 2020, Act 363, Eff. Apr. 4, 2021
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1060 - Revocation of Order.

333.1060 Revocation of order.
Sec. 10.
(1) A declarant may revoke an order executed by himself or herself or executed on his or her behalf at any time and in any manner by which he or she is able to communicate his or her intent to revoke the order. If the declarant's revocation is not in writing, an individual who observes the declarant's revocation of the order shall describe the circumstances of the revocation in writing, sign the writing, and deliver the writing to the declarant's attending physician or his or her delegatee and, if the declarant is a patient or resident of a facility or a pupil of a school, to the administrator of the facility or school or the administrator's designee. A patient advocate, parent, or guardian may revoke an order on behalf of a declarant at any time by issuing the revocation in writing and provide actual notice of the revocation by delivering the written revocation to the declarant's attending physician or his or her delegatee and, if the declarant is a patient or resident of a facility or a pupil of a school, to the administrator of the facility or school or the administrator's designee. Upon revocation, the declarant, patient advocate, parent, guardian, or attending physician or his or her delegatee who has actual notice of a revocation of an order under this section shall do all of the following:
(a) Write "void" on all pages of the order.
(b) If applicable, remove the declarant's do-not-resuscitate identification bracelet.
(2) A physician or his or her delegatee who receives actual notice of a revocation of an order shall immediately make the revocation, including, if available, the written description of the circumstances of the revocation required by subsection (1), part of the declarant's permanent medical record. The administrator of a facility or his or her designee who receives actual notice of a revocation of an order of a declarant who is a patient or resident of the facility shall immediately make the revocation part of the patient's or resident's permanent medical record. The administrator of a school or his or her designee who receives actual notice of a revocation of an order of a declarant who is a pupil of the school shall immediately place the revocation in the file created under section 1180(1)(a) of the revised school code, 1976 PA 451, MCL 380.1180.
(3) A revocation of an order under this section is binding upon another person at the time that other person receives actual notice of the revocation.
History:
1996, Act 193, Eff. Aug. 1, 1996 ;-- Am. 2013, Act 155, Eff. Feb. 4, 2014 ;-- Am. 2020, Act 363, Eff. Apr. 4, 2021
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1061 - Determination by Health Professional.

333.1061 Determination by health professional.
Sec. 11.
(1) One or more of the following health professionals who arrive at a declarant's location outside of a hospital shall determine if the declarant has 1 or more vital signs, whether or not the health professional views or has actual notice of an order that is alleged to have been executed by the declarant or other person authorized to execute an order on the declarant's behalf:
(a) A paramedic.
(b) An emergency medical technician.
(c) An emergency medical technician specialist.
(d) A physician.
(e) A nurse.
(f) A medical first responder.
(g) A respiratory therapist.
(h) A physician's assistant.
(2) If the health professional determines under subsection (1) that the declarant has no vital signs, and if the health professional determines that the declarant is wearing a do-not-resuscitate identification bracelet or has actual notice of a do-not-resuscitate order for the declarant, subject to section 11a, the health professional shall not attempt to resuscitate the declarant.
(3) If the declarant is a minor child who is enrolled and located at a school, an individual who determines that the declarant is wearing a do-not-resuscitate identification bracelet or has actual notice of a do-not-resuscitate order for the declarant shall not attempt to resuscitate the declarant before a health professional described in subsection (1) arrives at the declarant's location.
History:
1996, Act 193, Eff. Aug. 1, 1996 ;-- Am. 2013, Act 155, Eff. Feb. 4, 2014 ;-- Am. 2017, Act 157, Eff. Feb. 6, 2018 ;-- Am. 2020, Act 363, Eff. Apr. 4, 2021
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1061a - Compliance With Most Recent Order or Form; "Post Form" Defined.

333.1061a Compliance with most recent order or form; "POST form" defined.
Sec. 11a.
(1) If a health professional described in section 11 has actual notice of a do-not-resuscitate order and is aware of the existence of a validly executed POST form under part 56B of the public health code, MCL 333.5671 to 333.5685, that contains a medical order regarding the initiation of resuscitation if the individual suffers cessation of both spontaneous respiration and circulation, the health professional shall comply with the most recent order or form.
(2) As used in this section, "POST form" means that term as defined in section 5674 of the public health code, MCL 333.5674.
History:
Add. 2017, Act 157, Eff. Feb. 6, 2018
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1062 - Immunity From Civil or Criminal Liability.

333.1062 Immunity from civil or criminal liability.
Sec. 12.
A person or organization is not subject to civil or criminal liability for withholding resuscitative procedures from a declarant in accordance with this act.
History:
1996, Act 193, Eff. Aug. 1, 1996
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1063 - Immunity From Civil or Criminal Liability; Conditions.

333.1063 Immunity from civil or criminal liability; conditions.
Sec. 13.
A person or organization is not subject to civil or criminal liability for either of the following:
(a) Attempting to resuscitate an individual who has executed a do-not-resuscitate order or on whose behalf an order has been executed, if the person or organization has no actual notice of the order.
(b) Failing to resuscitate an individual who has revoked a do-not-resuscitate order or on whose behalf a do-not-resuscitate order has been revoked, if the person or organization does not receive actual notice of the revocation.
History:
1996, Act 193, Eff. Aug. 1, 1996
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1064 - Requirement to Execute Order Prohibited.

333.1064 Requirement to execute order prohibited.
Sec. 14.
A person or organization shall not require the execution of an order as a condition for insurance coverage, admittance to a health care facility, receiving health care benefits or services, or any other reason.
History:
1996, Act 193, Eff. Aug. 1, 1996 ;-- Am. 2013, Act 155, Eff. Feb. 4, 2014
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1065 - Life Insurer; Prohibited Acts.

333.1065 Life insurer; prohibited acts.
Sec. 15.
A life insurer shall not do any of the following because of the execution or implementation of an order:
(a) Refuse to provide or continue coverage to the declarant.
(b) Charge the declarant a higher premium.
(c) Offer a declarant different policy terms because the declarant has executed an order.
(d) Consider the terms of an existing policy of life insurance to have been breached or modified.
(e) Invoke a suicide or intentional death exemption or exclusion in a policy covering the declarant.
History:
1996, Act 193, Eff. Aug. 1, 1996
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1066 - Legal Rights Not Impaired or Superseded; Presumptions.

333.1066 Legal rights not impaired or superseded; presumptions.
Sec. 16.
(1) The provisions of this act are cumulative and do not impair or supersede a legal right that an individual may have to consent to or refuse medical treatment for himself or herself or that a parent, guardian, or other individual may have to consent to or refuse medical treatment on behalf of another.
(2) This act does not create a presumption concerning the intent of a person executing an order to consent to or refuse medical treatment in circumstances other than the cessation of both spontaneous circulation and respiration.
(3) This act does not create a presumption concerning the intent of an individual who has not executed an order to consent to or refuse any type of medical treatment.
History:
1996, Act 193, Eff. Aug. 1, 1996
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 193 of 1996 - Michigan Do-Not-Resuscitate Procedure Act (333.1051 - 333.1067) › Section 333.1067 - Effective Date.

333.1067 Effective date.
Sec. 17.
This act shall take effect August 1, 1996.
History:
1996, Act 193, Eff. Aug. 1, 1996
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 687 of 2002 - Born Alive Infant Protection Act (333.1071 - 333.1073) › Section 333.1071 - Short Title; Definitions.

***** 333.1071 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 13, 2024: See 333.1071.amended *****
333.1071 Short title; definitions.
Sec. 1.
(1) This act shall be known and may be cited as the "born alive infant protection act".
(2) As used in this act:
(a) "Abortion" means that term as defined in section 17015 of the public health code, 1978 PA 368, MCL 333.17015.
(b) "Live birth" means the complete expulsion or extraction of a product of conception from its mother, regardless of the duration of the pregnancy, that after expulsion or extraction, whether or not the umbilical cord has been cut or the placenta is attached, shows any evidence of life, including, but not limited to, 1 or more of the following:
(i) Breathing.
(ii) A heartbeat.
(iii) Umbilical cord pulsation.
(iv) Definite movement of voluntary muscles.
History:
2002, Act 687, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 687 of 2002 - Born Alive Infant Protection Act (333.1071 - 333.1073) › Section 333.1071.amended - Short Title; Definitions.

***** 333.1071.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 13, 2023 *****
333.1071.amended Short title; definitions.
Sec. 1.
(1) This act may be cited as the "born alive infant protection act".
(2) As used in this act:
(a) "Abortion" means a medical treatment that is intended to terminate a diagnosable intrauterine pregnancy for a purpose other than to produce a live birth. Abortion does not include the use or prescription of a drug or device that prevents pregnancy or a medical treatment used to remove a dead fetus or embryo whose death was the result of a spontaneous abortion.
(b) "Live birth" means the complete expulsion or extraction of a product of conception from its mother, regardless of the duration of the pregnancy, that after expulsion or extraction, whether or not the umbilical cord has been cut or the placenta is attached, shows any evidence of life, including, but not limited to, 1 or more of the following:
(i) Breathing.
(ii) A heartbeat.
(iii) Umbilical cord pulsation.
(iv) Definite movement of voluntary muscles.
History:
2002, Act 687, Eff. Mar. 31, 2003 ;-- Am. 2023, Act 206, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 687 of 2002 - Born Alive Infant Protection Act (333.1071 - 333.1073) › Section 333.1072 - Legislative Findings.

333.1072 Legislative findings.
Sec. 2.
The legislature finds all of the following:
(a) The state has a paramount interest in protecting all individuals.
(b) If an abortion results in the live birth of a newborn, the newborn is a legal person for all purposes under the law.
(c) A woman's right to terminate pregnancy ends when the pregnancy is terminated. It is not an infringement on a woman's right to terminate her pregnancy for the state to assert its interest in protecting a newborn whose live birth occurs as the result of an abortion.
History:
2002, Act 687, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 687 of 2002 - Born Alive Infant Protection Act (333.1071 - 333.1073) › Section 333.1073 - Abortion Resulting in Live Birth; Surrender of Newborn to Emergency Service Provider; Medical Care; Report; Confidentiality of Newborn's Mother and Father; Transmission of Information to Newborn's Mother.

333.1073 Abortion resulting in live birth; surrender of newborn to emergency service provider; medical care; report; confidentiality of newborn's mother and father; transmission of information to newborn's mother.
Sec. 3.
(1) If an abortion results in a live birth and, after being informed of the newborn's live birth, the newborn's mother expresses a desire not to assume custody and responsibility for the newborn, by refusing to authorize all necessary life sustaining medical treatment for the newborn or releasing the newborn for adoption, the newborn shall be considered a newborn who has been surrendered to an emergency service provider under the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20. The procedures of the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, shall be followed in regard to the custody and care of the newborn.
(2) If an abortion performed in a hospital setting results in a live birth, the physician attending the abortion shall provide immediate medical care to the newborn, inform the mother of the live birth, and request transfer of the newborn to a resident, on-duty, or emergency room physician who shall provide medical care to the newborn. If an abortion performed in other than a hospital setting results in a live birth, a physician attending the abortion shall provide immediate medical care to the newborn and call 9-1-1 for an emergency transfer of the newborn to a hospital that shall provide medical care to the newborn.
(3) A live birth described in this act shall be reported as required in section 2822 of the public health code, 1978 PA 368, MCL 333.2822.
(4) If a newborn is considered a newborn who has been surrendered to an emergency service provider under the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, as provided in subsection (1), the identity of the newborn's mother and father becomes confidential and shall not be revealed, either orally or in writing.
(5) The attending physician who transfers care of a live newborn under this section to another physician or a 9-1-1 emergency responder shall transmit to the mother of the newborn any information provided to the attending physician by the emergency service provider who received custody of the newborn under the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, as provided in section 3 of the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.3.
History:
2002, Act 687, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 135 of 2004 - Legal Birth Definition Act (333.1081 - 333.1085) › Section 333.1081 - Short Title.

***** 333.1081 THIS SECTION IS REPEALED BY ACT 286 OF 2023 EFFECTIVE FEBRUARY 13, 2024 *****
333.1081 Short title.
Sec. 1.
This act shall be known and may be cited as the "legal birth definition act".
History:
2004, Act 135, Eff. Mar. 30, 2005
Constitutionality:
The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planning v Cox (docket Nos. 05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizen petition, is unconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undue burden on a woman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect the health of the woman, and because it was void for vagueness due to its confusing language."
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 135 of 2004 - Legal Birth Definition Act (333.1081 - 333.1085) › Section 333.1082 - Findings.

***** 333.1082 THIS SECTION IS REPEALED BY ACT 286 OF 2023 EFFECTIVE FEBRUARY 13, 2024 *****
333.1082 Findings.
Sec. 2.
The following findings are hereby made:
(a) That in Roe v Wade the United States supreme court declared that an unborn child is not a person as understood and protected by the constitution, but any born child is a legal person with full constitutional and legal rights.
(b) That in Roe v Wade the United States supreme court made no effort to define birth or place any restrictions on the states in defining when a human being is considered born for legal purposes.
(c) That, when any portion of a human being has been vaginally delivered outside his or her mother's body, that portion of the body can only be described as born and the state has a rational basis for defining that human being as born and as a legal person.
(d) That the state has a compelling interest in protecting the life of a born person.
History:
2004, Act 135, Eff. Mar. 30, 2005
Constitutionality:
In Northland Family Planning Clinic v Cox, 396 F Supp 2d 978 (2005), the federal court for the Eastern District of Michigan held that the legal definition of birth act is unconstitutional because it places an undue burden on a woman's right to an abortion, does not provide a sufficient maternal health exception, requires the physician to balance the maternal and neonatal interests in the life exception, and fails to give clear notice of the activities that are prohibited. (The case is now on appeal to 6th circuit.)The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planning v Cox (docket Nos. 05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizen petition, is unconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undue burden on a woman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect the health of the woman, and because it was void for vagueness due to its confusing language."
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 135 of 2004 - Legal Birth Definition Act (333.1081 - 333.1085) › Section 333.1083 - Perinate as Legally Born Person; Immunity.

***** 333.1083 THIS SECTION IS REPEALED BY ACT 286 OF 2023 EFFECTIVE FEBRUARY 13, 2024 *****
333.1083 Perinate as legally born person; immunity.
Sec. 3.
(1) A perinate shall be considered a legally born person for all purposes under the law.
(2) A physician or an individual performing an act, task, or function under the delegatory authority of a physician is immune from criminal, civil, or administrative liability for performing any procedure that results in injury or death of a perinate while completing the delivery of the perinate under any of the following circumstances:
(a) If the perinate is being expelled from the mother's body as a result of a spontaneous abortion.
(b) If in that physician's reasonable medical judgment and in compliance with the applicable standard of practice and care, the procedure was necessary in either of the following circumstances:
(i) To save the life of the mother and every reasonable effort was made to preserve the life of both the mother and the perinate.
(ii) To avert an imminent threat to the physical health of the mother, and any harm to the perinate was incidental to treating the mother and not a known or intended result of the procedure performed.
History:
2004, Act 135, Eff. Mar. 30, 2005
Constitutionality:
In Northland Family Planning Clinic v Cox, 396 F Supp 2d 978 (2005), the federal court for the Eastern District of Michigan held that the legal definition of birth act is unconstitutional because it places an undue burden on a woman's right to an abortion, does not provide a sufficient maternal health exception, requires the physician to balance the maternal and neonatal interests in the life exception, and fails to give clear notice of the activities that are prohibited. (The case is now on appeal to 6th circuit.)The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planning v Cox (docket Nos. 05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizen petition, is unconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undue burden on a woman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect the health of the woman, and because it was void for vagueness due to its confusing language."
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 135 of 2004 - Legal Birth Definition Act (333.1081 - 333.1085) › Section 333.1084 - Existing Right, Privilege, or Protection.

***** 333.1084 THIS SECTION IS REPEALED BY ACT 286 OF 2023 EFFECTIVE FEBRUARY 13, 2024 *****
333.1084 Existing right, privilege, or protection.
Sec. 4.
Nothing in this act shall abrogate any existing right, privilege, or protection under criminal or civil law that applies to an embryo or fetus.
History:
2004, Act 135, Eff. Mar. 30, 2005
Constitutionality:
In Northland Family Planning Clinic v Cox, 396 F Supp 2d 978 (2005), the federal court for the Eastern District of Michigan held that the legal definition of birth act is unconstitutional because it places an undue burden on a woman's right to an abortion, does not provide a sufficient maternal health exception, requires the physician to balance the maternal and neonatal interests in the life exception, and fails to give clear notice of the activities that are prohibited. (The case is now on appeal to 6th circuit.)The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planning v Cox (docket Nos. 05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizen petition, is unconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undue burden on a woman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect the health of the woman, and because it was void for vagueness due to its confusing language."
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 135 of 2004 - Legal Birth Definition Act (333.1081 - 333.1085) › Section 333.1085 - Definitions.

***** 333.1085 THIS SECTION IS REPEALED BY ACT 286 OF 2023 EFFECTIVE FEBRUARY 13, 2024 *****
333.1085 Definitions.
Sec. 5.
As used in this act:
(a) "Anatomical part" means any portion of the anatomy of a human being that has not been severed from the body, but not including the umbilical cord or placenta.
(b) "Imminent threat to the physical health" means a physical condition that if left untreated would result in substantial and irreversible impairment of a major bodily function.
(c) "Live" means demonstrating 1 or more of the following biological functions:
(i) A detectable heartbeat.
(ii) Evidence of breathing.
(iii) Evidence of spontaneous movement.
(iv) Umbilical cord pulsation.
(d) "Perinate" means a live human being at any point after which any anatomical part of the human being is know to have passed beyond the plane of the vaginal introitus until the point of complete expulsion or extraction from the mother's body.
(e) "Physician" means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
History:
2004, Act 135, Eff. Mar. 30, 2005
Constitutionality:
In Northland Family Planning Clinic v Cox, 396 F Supp 2d 978 (2005), the federal court for the Eastern District of Michigan held that the legal definition of birth act is unconstitutional because it places an undue burden on a woman's right to an abortion, does not provide a sufficient maternal health exception, requires the physician to balance the maternal and neonatal interests in the life exception, and fails to give clear notice of the activities that are prohibited. (The case is now on appeal to 6th circuit.)The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planning v Cox (docket Nos. 05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizen petition, is unconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undue burden on a woman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect the health of the woman, and because it was void for vagueness due to its confusing language."
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1101 - Short Title.

333.1101 Short title.
Sec. 1101.
This act shall be known and may be cited as the "public health code".
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of licensing of substance abuse programs and certification of substance abuse workers in the division of program standards, evaluation, and data services of the center for substance abuse services, from the department of public health to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1103 - Meanings of Words and Phrases.

333.1103 Meanings of words and phrases.
Sec. 1103.
For purposes of this code, the words and phrases defined in sections 1104 to 1108 have the meanings ascribed to them in those sections. These definitions, unless the context requires otherwise, apply to use of the defined terms in this code. Other definitions applicable to specific articles, parts, or sections of the code are found in those articles, parts, or sections.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1104 - Definitions; a to G.

333.1104 Definitions; A to G.
Sec. 1104.
(1) "Acknowledgment of parentage" means an acknowledgment executed as provided in the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.
(2) "Administrative procedures act of 1969" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, or a successor act.
(3) "Adult" means an individual 18 years of age or older.
(4) "Code" means this act.
(5) "Department", except as provided in articles 8, 15, and 17, means the department of health and human services.
(6) "Director", except as provided in articles 8, 15, and 17, means the director of health and human services.
(7) "Governmental entity" means a government, governmental subdivision or agency, or public corporation.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1996, Act 307, Eff. June 1, 1997 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2015, Act 155, Eff. Jan. 18, 2016
Popular Name:
Act 368