reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-52 - Part 52 Hazardous Communicable Diseases (333.5201...333.5269) › Section 333.5201 - Definitions and Principles of Construction.

333.5201 Definitions and principles of construction.
Sec. 5201.
(1) As used in this part:
(a) "Carrier" means an individual who serves as a potential source of infection and who harbors or who the department reasonably believes to harbor a specific infectious agent or a serious communicable disease or infection, whether or not there is present discernible disease.
(b) "Health threat to others" means that an individual who is a carrier has demonstrated an inability or unwillingness to conduct himself or herself in such a manner as to not place others at risk of exposure to a serious communicable disease or infection. Health threat to others includes, but is not limited to, 1 or more of the following:
(i) Behavior by the carrier that has been demonstrated epidemiologically to transmit, or that evidences a careless disregard for transmission of, a serious communicable disease or infection to others.
(ii) A substantial likelihood that the carrier will transmit a serious communicable disease or infection to others, as evidenced by the carrier's past behavior or statements made by the carrier that are credible indicators of the carrier's intention to do so.
(iii) Affirmative misrepresentation by the carrier of his or her status as a carrier before engaging in behavior that has been demonstrated epidemiologically to transmit the serious communicable disease or infection.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 51 contains definitions applicable to this part.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 490, Eff. Mar. 30, 1989
Compiler's Notes:
For transfer of certain powers and duties of the bureau of infectious disease control from the department of public health to the director of the department of community health, 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 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-52 - Part 52 Hazardous Communicable Diseases (333.5201...333.5269) › Section 333.5203 - Warning Notice Generally.

333.5203 Warning notice generally.
Sec. 5203.
(1) Upon a determination by a department representative or a local health officer that an individual is a carrier and is a health threat to others, the department representative or local health officer shall issue a warning notice to the individual requiring the individual to cooperate with the department or local health department in efforts to prevent or control transmission of serious communicable diseases or infections. The warning notice may also require the individual to participate in education, counseling, or treatment programs, and to undergo medical tests to verify the person's status as a carrier.
(2) A warning notice issued under subsection (1) shall be in writing, except that in urgent circumstances, the warning notice may be an oral statement, followed by a written statement within 3 days. A warning notice shall be individual and specific and shall not be issued to a class of persons. A written warning notice shall be served either by registered mail, return receipt requested, or personally by an individual who is employed by, or under contract to, the department or a local health department.
(3) A warning notice issued under subsection (1) shall include a statement that unless the individual takes the action requested in the warning notice, the department representative or local health officer shall seek an order from the probate court, pursuant to this part. The warning notice shall also state that, except in cases of emergency, the individual to whom the warning notice is issued has the right to notice and a hearing and other rights provided in this part before the probate court issues an order.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 490, Eff. Mar. 30, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-52 - Part 52 Hazardous Communicable Diseases (333.5201...333.5269) › Section 333.5209 - Power Not Limited.

333.5209 Power not limited.
Sec. 5209.
This part does not limit the power of the department, a local health department, or the probate court to deal with the prevention and control of communicable diseases and infections.
History:
Add. 1988, Act 490, Eff. Mar. 30, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-52 - Part 52 Hazardous Communicable Diseases (333.5201...333.5269) › Section 333.5210 - Intercourse With Specific Intent or Reckless Disregard to Infect With Hiv; Felony; Violations as Misdemeanor.

333.5210 Intercourse with specific intent or reckless disregard to infect with HIV; felony; violations as misdemeanor.
Sec. 5210.
(1) A person who knows that he or she has the human immunodeficiency virus (HIV) who engages in anal or vaginal intercourse with another person without having first informed the other person that he or she has HIV with the specific intent that the uninfected person contract HIV is guilty of a felony.
(2) A person who knows that he or she has HIV who, without having first informed the other person that he or she has HIV, engages in vaginal or anal intercourse, and transmits HIV to an uninfected person causing that person to become HIV positive, acts with reckless disregard and is guilty of a felony.
(3) A person who knows that he or she has HIV who, without having first informed the other person that he or she has HIV, engages in vaginal or anal intercourse, and who acts with reckless disregard but does not transmit HIV, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(4) A person who knows that he or she has HIV who is adherent with the treatment plan of an attending physician and has been medically suppressed per accepted medical standards is not acting with reckless disregard.
History:
Add. 1988, Act 490, Eff. Mar. 30, 1989 ;-- Am. 2018, Act 537, Eff. Mar. 28, 2019
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-52 - Part 52 Hazardous Communicable Diseases (333.5201...333.5269) › Section 333.5211-333.5269 - Repealed. 1988, Act 491, Eff. Mar. 30, 1989.

333.5211-333.5269 Repealed. 1988, Act 491, Eff. Mar. 30, 1989.
Compiler's Notes:
The repealed sections pertained to hazardous communicable diseases.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-53 - Part 53 Expense of Care (333.5301...333.5307) › Section 333.5301 - County Chargeable With Expense of Care; Reimbursement by State; Individuals With Tuberculosis or Honorable Discharges Considered Domiciled in State at Large; Expense of Care Paid by State on Certification of Department; Reasonableness of Claims and Accounts; Appeal.

333.5301 County chargeable with expense of care; reimbursement by state; individuals with tuberculosis or honorable discharges considered domiciled in state at large; expense of care paid by state on certification of department; reasonableness of claims and accounts; appeal.
Sec. 5301.
(1) The county in which an individual receiving care under section 5117 has a domicile is chargeable with the expense of the care, and this state shall reimburse that county for all or a portion of the expense in the amounts the legislature appropriates for that purpose. An individual who has tuberculosis and has not acquired a legal settlement in this state in accordance with the social welfare act, Act No. 280 of the Public Acts of 1939, being sections 400.1 to 400.121 of the Michigan Compiled Laws, or an individual who was honorably discharged from a branch of the military services of the United States and not otherwise hospitalized for the purpose of this part shall be considered to be domiciled in this state at large, and the expense of that individual's care, while the care continues with the approval of the department, shall be paid by the state on certification of the department. The reasonableness and propriety of all claims and accounts under this subsection shall be passed upon and determined by the department, subject to appeal to the circuit court for the county of Ingham as to questions of law.
(2) An individual committed to an inpatient facility for tuberculosis pursuant to a probate court order under section 5205 and not otherwise hospitalized for the purpose of part 51 or 52 shall be considered to be domiciled in this state at large, and the expense of that individual's care, while the care continues with the approval of the department, shall be paid by the state on certification of the department. The reasonableness and propriety of all claims and accounts under this subsection shall be passed upon and determined by the department, subject to appeal to the circuit court for the county of Ingham as to questions of law.
History:
Add. 1988, Act 491, Eff. Mar. 30, 1989
Compiler's Notes:
For transfer of certain powers and duties of the bureau of infectious disease control from the department of public health to the director of the department of community health, 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 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-53 - Part 53 Expense of Care (333.5301...333.5307) › Section 333.5303 - Care Provided Where Individual Found at Expense of County Where Individual Domiciled; Notice; Return of Individual to County of Domicile; Disputed or Contested Claim Arising Between 2 or More Counties; Decision.

333.5303 Care provided where individual found at expense of county where individual domiciled; notice; return of individual to county of domicile; disputed or contested claim arising between 2 or more counties; decision.
Sec. 5303.
(1) Upon determination by the county department of social services that the place of domicile of an individual receiving care under section 5117 is in another county in this state, care shall be provided where the individual is found at the expense of the county where the individual is domiciled. The county department of social services, not later than 1 month after the commencement of care, shall mail written notice that the care is being provided to the local department of social services of the individual's county of domicile. The local health department of the county of domicile may provide for the return of the individual to, and care in, that county.
(2) If the domicile of the individual is not acknowledged by the alleged county of domicile within 1 month after mailing the notice under subsection (1), the question of domicile may be submitted for decision to the state department of social services. If a disputed or contested claim arises between 2 or more counties as to the county of domicile, the director of social services shall determine the county of domicile when so requested or on his or her own motion. The decision of the director of social services is final. However, pending determination, the county in which the individual is found shall provide the necessary care.
History:
Add. 1988, Act 491, Eff. Mar. 30, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-53 - Part 53 Expense of Care (333.5301...333.5307) › Section 333.5305 - Determination That County Where Individual Found Not County of Domicile; Reimbursement.

333.5305 Determination that county where individual found not county of domicile; reimbursement.
Sec. 5305.
Upon determination by the director of social services that the county where the individual is found is not the county of domicile, the county of domicile, as determined by the director of social services, shall reimburse the county where the individual is found for all expenses incurred, less any reimbursements from the state or other source for the care.
History:
Add. 1988, Act 491, Eff. Mar. 30, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-53 - Part 53 Expense of Care (333.5301...333.5307) › Section 333.5307 - Expenditure Under MCL 333.5117 Considered Expenditure for Protection of Public Health, Not Welfare or Relief; Reimbursement; Notice and Hearing; Finding; Order; Distribution of Receipts.

333.5307 Expenditure under MCL 333.5117 considered expenditure for protection of public health, not welfare or relief; reimbursement; notice and hearing; finding; order; distribution of receipts.
Sec. 5307.
An expenditure of public funds under section 5117 for the care of an individual is considered an expenditure for the protection of the public health, and not money advanced as welfare or relief. An individual is not legally obligated to reimburse the expense incurred, unless the department and the county of domicile, after reasonable notice and upon a hearing, find that the individual hospitalized or treated, or the persons legally liable for the individual's support, are possessed of sufficient income or estate to enable them to make the reimbursement in whole or in part without materially affecting their reasonable economic security or support, in view of their respective resources, obligations, and responsibilities to dependents and order reimbursement. The order shall not be made retroactive unless the department and the county of domicile find that the person to be charged is guilty of misrepresenting or withholding knowledge of facts material to the issue. Receipts under the order, and money voluntarily paid as reimbursement, shall be distributed pro rata to the funds out of which the expenditure was made.
History:
Add. 1988, Act 491, Eff. Mar. 30, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5401 - “Chronic Disease” Defined; General Definitions and Principles of Construction.

333.5401 “Chronic disease” defined; general definitions and principles of construction.
Sec. 5401.
(1) As used in this part, "chronic disease" includes an impairment or deviation from normal having 1 or more of the following characteristics:
(a) It is permanent.
(b) It leaves residual disability.
(c) It is caused by nonreversible pathological alterations.
(d) It requires special training of the patient for rehabilitation.
(e) It may be expected to require a long period of supervision, observation, or care.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 51 contains definitions applicable to this part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of certain powers and duties of the center for health promotion and chronic disease prevention from the department of public health to the director of the department community health, 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 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5411 - Chronic Disease Prevention and Control Program; Statewide Program as to Mental Disabilities; Establishment; Scope; Programs Continued.

333.5411 Chronic disease prevention and control program; statewide program as to mental disabilities; establishment; scope; programs continued.
Sec. 5411.
(1) The department shall establish a chronic disease prevention and control program which shall include arthritis, cancer, dental disease, diabetes, genetic disease, heart disease, hypertension, renal disease, and any other disease the department designates as chronic pursuant to section 5439. The department shall cooperate with the department of mental health in establishment of a statewide program for genetic screening and counseling in the area of mental disabilities.
(2) Programs established under this part shall continue, at a minimum, the programs established pursuant to Act No. 96 of the Public Acts of 1975, being sections 329.551 to 329.557 of the Michigan Compiled Laws, and Act No. 335 of the Public Acts of 1974, being sections 325.531 to 325.533 of the Michigan Compiled Laws.
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 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5412 - Scope of Chronic Disease Program; Availability of Services Subject to Appropriation; Contracts for Programs; Evaluation of Program; Recommending Discontinuance of Program.

333.5412 Scope of chronic disease program; availability of services subject to appropriation; contracts for programs; evaluation of program; recommending discontinuance of program.
Sec. 5412.
(1) The chronic disease program shall include the prevention of chronic diseases; the early detection and reporting of cases; and surveillance, treatment, education, rehabilitation, and maintenance of patients suffering from chronic diseases. The availability of services under this program is subject to appropriations.
(2) The program may include the promotion, support, or conduct of studies or research on chronic diseases and their relation to the health and welfare of the people of this state; the promotion, support, and conduct of programs of community and professional education; the development or purchase and distribution of educational and informational material; the furnishing of laboratory services; and the promotion and establishment of cooperative relationships or programs with hospitals, clinics, social and health agencies, educational and research organizations, and other related groups.
(3) The department may contract with local health departments, other agencies of government, nonprofit corporations, and individuals for carrying out any of these programs.
(4) Periodically, but not less than each 3 years, the department shall evaluate the program to determine its effectiveness.
(5) The public health advisory council, based on appropriate data, may recommend discontinuance of a disease program established under this part.
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 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5413-333.5415 - Repealed. 1992, Act 25, Eff. Mar. 30, 1996.

333.5413-333.5415 Repealed. 1992, Act 25, Eff. Mar. 30, 1996.
Compiler's Notes:
The repealed sections pertained to establishment of a registry to record cases of spinal cord injury and traumatic brain injury; creation of a spinal cord injury and traumatic brain injury committee; and, appropriation of funds to implement the sections.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5421 - Chronic Disease Advisory Committee; Creation; Appointment of Members; Committee Subject to MCL 333.2215.

333.5421 Chronic disease advisory committee; creation; appointment of members; committee subject to MCL 333.2215.
Sec. 5421.
The chronic disease advisory committee is created in the department. The governor shall appoint the members with the advice and consent of the senate. The committee is subject to section 2215.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the chronic disease advisory committee to the director of the Michigan state department of public health, see E.R.O. No 1994-1, compiled at MCL 333.26322 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 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5423 - Chronic Disease Advisory Committee; Advising and Assisting Department; Reimbursement for Travel Expenses.

333.5423 Chronic disease advisory committee; advising and assisting department; reimbursement for travel expenses.
Sec. 5423.
(1) The chronic disease advisory committee shall advise and assist the department in the implementation of this part.
(2) The chronic disease advisory committee members shall be reimbursed for their necessary travel expenses for attendance at meetings pursuant to section 1216.
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 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5425 - Chronic Disease Advisory Committee; Creation and Purpose of Subcommittee; Chairperson; Membership.

333.5425 Chronic disease advisory committee; creation and purpose of subcommittee; chairperson; membership.
Sec. 5425.
Except as otherwise provided in section 5414, the chronic disease advisory committee may create a subcommittee to advise it as to a specific chronic disease, determine the size of the subcommittee, and appoint its members, who need not all be members of the committee. The chairperson of a subcommittee shall be a member of the committee. The members of a subcommittee shall be individuals concerned with the prevention and control of the specific chronic disease.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 122, Eff. Mar. 30, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5429 - Terminated. 1978, Act 368, Eff. Sept. 30, 1980.

333.5429 Terminated. 1978, Act 368, Eff. Sept. 30, 1980.
Compiler's Notes:
Subsection (2) of this section provided :“(2) This section shall terminate when the renal disease subcommittee of the committee is appointed or 2 years after the effective date of this part, whichever occurs first.”The date the renal disease subcommittee was appointed is not determinable.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5432 - Hearing Test and Screening.

333.5432 Hearing test and screening.
Sec. 5432.
If a health professional in charge of the care of a newborn infant or, if none, the health professional in charge at the birth of an infant, the hospital, the health department, or other facility administers or causes to be administered to the infant a hearing test and screening, then that person or facility shall report to the department, on a form as prescribed by the department, the results of all hearing tests and screens conducted on infants who are less than 12 months of age and on children who have been diagnosed with hearing loss and are less than 3 years of age. The report shall include the type, degree, and symmetry of the diagnosis, along with where and when the diagnosis was made.
History:
Add. 2006, Act 31, Imd. Eff. Feb. 23, 2006
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54 - Part 54 Chronic Diseases (333.5401...333.5439) › Section 333.5439 - Rules.

333.5439 Rules.
Sec. 5439.
The department may promulgate rules to implement this part including rules designating additional chronic diseases and the time and conditions under which tests required by section 5431 shall be administered.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
Admin Rule:
R 325.1471 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5451 - Short Title of Part.

333.5451 Short title of part.
Sec. 5451.
This part shall be known and may be cited as the "lead abatement act".
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5452 - Words and Phrases; Meanings.

333.5452 Words and phrases; meanings.
Sec. 5452.
For purposes of this part, the words and phrases defined in sections 5453 to 5460 have the meanings ascribed to them unless the context requires otherwise.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5454 - Definitions; C.

333.5454 Definitions; C.
Sec. 5454.
(1) "Certified abatement worker" means an individual who has been trained to perform abatements by an accredited training program and who is certified by the department under this part to perform abatement.
(2) "Certified clearance technician" means an individual who has completed an approved training course and been certified by the department under this part to conduct clearance testing following interim controls.
(3) "Certified firm" means a person that performs a lead-based paint activity for which the department has issued a certificate of approval under this part.
(4) "Certified inspector" means an individual who has been trained by an accredited training program and certified by the department under this part to conduct inspections and take samples for the presence of lead in paint, dust, and soil for the purposes of abatement clearance testing.
(5) "Certified project designer" means an individual who has been trained by an accredited training program and certified by the department under this part to prepare abatement project designs, occupant protection plans, and abatement reports.
(6) "Certified risk assessor" means an individual who has been trained by an accredited training program and certified by the department under this part to conduct inspections and risk assessments and to take samples for the presence of lead in paint, dust, and soil for the purposes of abatement clearance testing.
(7) "Certified supervisor" means an individual who has been trained by an accredited training program and certified by the department under this part to supervise and conduct abatements and to prepare occupant protection plans and abatement reports.
(8) "Child occupied facility" means a building or portion of a building constructed before 1978 that is visited regularly by a child who is 6 years of age or less, on at least 2 different days within a given week, if each day's visit is at least 3 hours and the combined weekly visit is at least 6 hours in length, and the combined annual visits are at least 60 hours in length. Child occupied facility includes, but is not limited to, a day-care center, a preschool, and a kindergarten classroom.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5455 - Definitions; C.

333.5455 Definitions; C.
Sec. 5455.
(1) "Clearance levels" means the values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement as listed in rules promulgated by the department.
(2) "Clearance professional" means 1 or more of the following individuals when performing clearance testing:
(a) A certified inspector.
(b) A certified risk assessor.
(c) A certified clearance technician.
(3) "Common area" means a portion of a building that is generally accessible to all occupants of the building. Common area includes, but is not limited to, a hallway, a stairway, a laundry and recreational room, a playground, a community center, a garage, and a boundary fence.
(4) "Component" or "building component" means a specific design or structural element or fixture of a building, residential dwelling, or child occupied facility that is distinguished by its form, function, and location. Component or building component, includes but is not limited to, a specific interior or exterior design or structural element or fixture.
(5) "Containment" means a process to protect workers and the environment by controlling exposure to a dust lead hazard and debris created during an abatement.
(6) "Course agenda" means an outline of the key topics to be covered during an accredited training program, including the time allotted to teach each topic.
(7) "Course test" means an evaluation of the overall effectiveness of the accredited training program by testing a trainee's knowledge and retention of the topics covered during the accredited training program.
(8) "Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major topic in the accredited training program curriculum.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5456 - Definitions; D, E.

333.5456 Definitions; D, E.
Sec. 5456.
(1) "Department" means the department of community health.
(2) "Deteriorated paint" means paint or other surface coating that is cracking, flaking, chipping, peeling, or otherwise damaged or separating from the substrate of a building component.
(3) "Discipline" means 1 of the specific types or categories of lead-based paint activities identified in this part for which an individual may receive training from an accredited training program and become certified by the department.
(4) "Distinct painting history" means the application history, as indicated by its visual appearance or a record of application, over time of paint or other surface coatings to a component or room.
(5) "Documented methodology" means a method or protocol used to do either or both of the following:
(a) Sample and test for the presence of lead in paint, dust, and soil.
(b) Perform related work practices as described in rules promulgated under this part.
(6) "Dust lead hazard" means surface dust in a residential dwelling or child occupied facility that contains a concentration of lead at or in excess of levels identified by the EPA pursuant to section 403 of title IV of the toxic substances control act, Public Law 94-469, 15 U.S.C. 2683, or as otherwise defined by rule.
(7) "Elevated blood level" or "EBL" means for purposes of lead abatement an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 ug/dl, micrograms of lead per deciliter of whole blood, for a single venous test or of 15-19 ug/dl in 2 consecutive tests taken 3 to 4 months apart. For purposes of case management of children 6 years of age or less, elevated blood level means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 10 ug/dl.
(8) "Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material.
(9) "Encapsulation" means the application of an encapsulant.
(10) "Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.
(11) "EPA" means the United States environmental protection agency.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Compiler's Notes:
For creation of department of health and human services and abolishment of department of community health, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5457 - Definitions; G to I.

333.5457 Definitions; G to I.
Sec. 5457.
(1) "Guest instructor" means an individual designated by the manager or principal instructor of an accredited training program to provide instruction specific to the lecture, hands-on activities, or work practice components of a course in the accredited training program.
(2) "Hands-on skills assessment" means an evaluation that tests a trainee's ability to satisfactorily perform the work practices, work procedures, or any other skill taught in an accredited training program.
(3) "Hazardous waste" means waste as defined in 40 C.F.R. 261.3.
(4) "Inspection" means a surface-by-surface investigation in target housing or a child occupied facility to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.
(5) "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards including, but not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5458 - Definitions; L.

333.5458 Definitions; L.
Sec. 5458.
(1) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% by weight.
(2) "Lead-based paint activity" means inspection, risk assessment, and abatement in target housing and child occupied facilities or in any part thereof.
(3) "Lead-based paint hazard" means any of the following conditions:
(a) Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface are equal to or greater than the dust lead hazard levels identified in rules promulgated under this part.
(b) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component.
(c) Any chewable lead-based painted surface on which there is evidence of teeth marks.
(d) Any other deterioriated lead-based paint in or on any residential building or child occupied facility.
(e) Surface dust in a residential dwelling or child occupied facility that contains lead in a mass-per-area concentration equal to or exceeding the levels established by rules promulgated under this part.
(f) Bare soil on residential real property or property of a child occupied facility that contains lead equal to or exceeding levels established by rules promulgated under this part.
(4) "Lead-based paint investigation" means an activity designed to determine the presence of lead-based paint or lead-based paint hazards in target housing and child occupied facilities.
(5) "Living area" means an area of a residential dwelling used by 1 or more children age 6 and under including, but not limited to, a living room, kitchen area, den, playroom, and a children's bedroom.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5460 - Definitions; T to V.

333.5460 Definitions; T to V.
Sec. 5460.
(1) "Target housing" means housing constructed before 1978, except any of the following:
(a) Housing for the elderly or persons with disabilities, unless any 1 or more children age 6 years or less resides or is expected to reside in that housing.
(b) A 0-bedroom dwelling.
(c) An unoccupied dwelling unit pending demolition, provided the dwelling unit remains unoccupied until demolition.
(2) "Third party examination" means the examination for certification under this part in the disciplines of clearance technician, inspector, risk assessor, worker, and supervisor offered and administered by a party other than an accredited training program.
(3) "Training curriculum" means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.
(4) "Training hour" means not less than 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, or hands-on experience or a combination of those activities.
(5) "Training manager" means the individual responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors.
(6) "Visual inspection for clearance testing" means the visual examination of a residential dwelling or a child occupied facility following an abatement designed to determine whether the abatement has been successfully completed.
(7) "Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child occupied facility to determine the existence of deteriorated paint or other potential sources of lead-based paint hazards.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5460a - Lead-Based Paint Activities; Procedures and Requirements.

333.5460a Lead-based paint activities; procedures and requirements.
Sec. 5460a.
(1) This part contains procedures and requirements for the accreditation of lead-based paint activities training programs, procedures and requirements for the certification of individuals and other persons engaged in lead-based paint activities, and work practice standards for performing lead-based paint activities as that term is defined in section 5458. This part requires that all lead-based paint activities be performed by certified individuals and persons, except for those circumstances and persons described in section 5453(2).
(2) This part does not apply to individuals and persons engaged in lead-based paint activities conducted within or on certain owner-occupied residential and multifamily dwellings as further described in section 5453(2) except in certain dwellings in which a residing child is identified as having an elevated blood lead level.
(3) This part does not require the owner or occupant to undertake any lead-based paint activities.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5461 - Persons Engaged in Lead-Based Paint Activity; Certification Required.

333.5461 Persons engaged in lead-based paint activity; certification required.
Sec. 5461.
(1) A person shall not engage or offer to engage in a lead-based paint activity unless certified in the appropriate discipline under this part. A person conducting a lead-based paint activity shall comply with the standards for performing lead-based paint activities contained in this part and the rules promulgated under this part.
(2) The department shall certify a person applying for certification under this part if that person demonstrates to the department that he or she is licensed, certified, or registered in another state and the standards for obtaining that license, certification, or registration are substantially similar to those imposed under this part.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5461a - Lead-Based Paint Activities; Training Program; Accreditation Required.

333.5461a Lead-based paint activities; training program; accreditation required.
Sec. 5461a.
(1) A person shall not provide or offer to provide a training program for lead-based paint activities unless the training program is accredited under the appropriate discipline under this part. A person providing an accredited training program shall comply with the standards for accreditation and training certification prescribed in this part and the rules promulgated under this part.
(2) The department shall accredit a training program if the training program is registered by the department under the department's voluntary registration program by August 30, 1998 if the training program submits an application under section 5462.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5464 - Accreditation of Refresher Course.

333.5464 Accreditation of refresher course.
Sec. 5464.
(1) A training program may seek accreditation to offer refresher training courses in 1 or more of the disciplines described in section 5462(1). A training program shall meet those minimum requirements contained in rules promulgated by the department in order to obtain department accreditation.
(2) A training program may apply for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course pursuant to rules promulgated by the department.
(3) The department shall approve an application for accreditation of a refresher course within 180 days after receiving a complete application. Upon approval, the department shall send a certificate of accreditation to the applicant. Before disapproval, the department may advise the applicant as to specific inadequacies in the application for accreditation or specific instances where the continuing education course does not meet the requirements of this part and the rules promulgated under this part, or both. The department may also request additional information or materials retained by the training program. If the department denies a training program's application for accreditation of a refresher course, the applicant may reapply for accreditation at any time.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5465 - Reaccreditation of Training Program.

333.5465 Reaccreditation of training program.
Sec. 5465.
(1) Unless reaccredited, a training program's accreditation under section 5462, including refresher course training accredited under section 5464, expires 1 year after the date of issuance.
(2) A training program seeking reaccreditation shall submit an application to the department no later than 45 days before its accreditation expires.
(3) A training program's application for reaccreditation shall include any fees and information required pursuant to rules promulgated by the department.
(4) Upon request, a training program shall allow the department to audit the training program to verify the contents of the application for reaccreditation.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998
Popular Name:
Act 368