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) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5527 - Tissue Repository; Access; Collection and Use of Fees; Report.

333.5527 Tissue repository; access; collection and use of fees; report.
Sec. 5527.
(1) A tissue repository identified under section 5525 shall allow equitable access to tissue to persons performing medical research and education, and may collect a reasonable fee for use of the tissue. Fees collected shall be used to fund the repository.
(2) A repository shall annually provide a report to the department on the collection and distribution of the tissue, and on the amount and use of the fees collected.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
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) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5529 - Request for Autopsy; Information; Written Consent.

333.5529 Request for autopsy; information; written consent.
Sec. 5529.
If an affected individual or his or her family representative requests an autopsy, a network representative shall provide to that person information concerning the cost, purposes, and benefits of an autopsy, and the benefits of using the tissue for medical research and education. The network representative shall also request that the affected individual or his or her family representative sign a written consent to the autopsy, and a separate written consent to use of the tissue for medical research and education.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
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) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5533 - Duty of Chronic Disease Advisory Committee.

333.5533 Duty of chronic disease advisory committee.
Sec. 5533.
The chronic disease advisory committee shall oversee the implementation of sections 5523 to 5539.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
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) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5535 - Subsidy Program.

333.5535 Subsidy program.
Sec. 5535.
Within 1 year after the effective date of this section, the department shall develop and recommend to the legislature a subsidy program to help defray a portion of the cost to an affected individual or the affected individual's family of performing an autopsy.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
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) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5537 - Information on Critical Role of Autopsies.

333.5537 Information on critical role of autopsies.
Sec. 5537.
The department shall provide to physicians, hospitals, nursing homes, medical examiners, funeral directors, affected individuals and their family members, and other appropriate persons written information describing the critical role that autopsies play in the diagnosis of, and in the conduct of research into the causes, treatment, and cure of, Alzheimer's disease and related disorders.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
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) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5539 - Authority of Family Representative.

333.5539 Authority of family representative.
Sec. 5539.
The authority of a family representative to act as provided in this part is given first to the affected individual's legal guardian, and if none, then to his or her spouse, and if none, then to his or her adult child or children, and if none, then to his or her parent, and if none, then to other family members.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5551 - Eye Care Consumer Protection Law; Meanings of Words and Phrases.

333.5551 Eye care consumer protection law; meanings of words and phrases.
Sec. 5551.
(1) This part may be referred to as the "eye care consumer protection law".
(2) As used in this part, the words and phrases defined in sections 5553 to 5557 have the meanings ascribed to them in those sections.
(3) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5553 - Definitions; C to E.

333.5553 Definitions; C to E.
Sec. 5553.
(1) "Contact lens" means a lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect. Contact lens includes, but is not limited to, a cosmetic, therapeutic, or corrective lens.
(2) "Department" means the department of licensing and regulatory affairs.
(3) "Diagnostic contact lens" means a contact lens used to determine a proper contact lens fit.
(4) "Examination and evaluation", for the purpose of writing a valid prescription, means an assessment of the ocular health and visual status of a patient that does not consist solely of objective refractive data or information generated by an automated refracting device or other automated testing device.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5555 - Definitions; L to S.

333.5555 Definitions; L to S.
Sec. 5555.
(1) "Licensee" means any of the following:
(a) A physician who is licensed or otherwise authorized to engage in the practice of medicine under part 170 and who specializes in eye care.
(b) A physician who is licensed or otherwise authorized to engage in the practice of osteopathic medicine and surgery under part 175 and who specializes in eye care.
(c) An optometrist who is licensed or otherwise authorized to engage in the practice of optometry under part 174.
(2) "Spectacles" means an optical instrument or device worn or used by an individual that has 1 or more lenses designed to correct or enhance vision to address the visual needs of the individual wearer and commonly known as glasses, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5559 - Spectacles and Contact Lenses as Medical Devices; Exceptions.

333.5559 Spectacles and contact lenses as medical devices; exceptions.
Sec. 5559.
(1) Except as otherwise provided in subsection (2), spectacles and contact lenses are medical devices and are subject to the requirements of this part for the protection of consumers.
(2) This part does not apply to any of the following:
(a) A diagnostic contact lens that is used by a licensee during an examination and evaluation.
(b) An optical instrument or device that is not intended to correct or enhance vision.
(c) An optical instrument or device that is not made, designed, or sold specifically for a particular individual.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5561 - Prohibited Acts; "Supervision" Defined.

333.5561 Prohibited acts; "supervision" defined.
Sec. 5561.
(1) A person shall not do any of the following:
(a) Employ objective or subjective physical means to determine the accommodative or refractive condition or range of power of vision or muscular equilibrium of the human eye unless that activity is performed by a licensee or under the supervision of a licensee.
(b) Prescribe spectacles or contact lenses based on a determination described in subdivision (a) unless that activity is performed by a licensee.
(c) Dispense, give, or sell spectacles or contact lenses unless dispensed, given, or sold pursuant to a valid prescription.
(d) Use an automated refractor or other automated testing device to generate objective refractive data unless that use is by a licensee or under the supervision of a licensee.
(2) As used in this section, "supervision" means that term as defined in section 16109.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5563 - Administration and Enforcement of Part; Rules.

333.5563 Administration and enforcement of part; rules.
Sec. 5563.
(1) Except as otherwise provided in this part, the administration and enforcement of this part is the responsibility of the department.
(2) The department may promulgate rules under the administrative procedures act of 1969 that it determines necessary to implement, administer, and enforce this part.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5565 - Allegation of Violation; Writing; Review by Department; Hearing, Oaths, and Testimony; Authority of Department to Proceed Under MCL 333.5567; Initiation of Investigation.

333.5565 Allegation of violation; writing; review by department; hearing, oaths, and testimony; authority of department to proceed under MCL 333.5567; initiation of investigation.
Sec. 5565.
(1) A person or governmental entity that believes that a violation of this part or a rule promulgated under this part has occurred or has been attempted may make an allegation of that fact to the department in writing.
(2) If, upon reviewing an allegation under subsection (1), the department determines there is a reasonable basis to believe the existence of a violation or attempted violation of this part or a rule promulgated under this part, the department shall investigate.
(3) The department may hold hearings, administer oaths, and order testimony to be taken at a hearing or by deposition conducted pursuant to the administrative procedures act of 1969.
(4) The department may proceed under section 5567 if it determines that a violation of this part or a rule promulgated under this part has occurred.
(5) This section does not require the department to wait until harm to human health has occurred to initiate an investigation under this section.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5567 - Order to Cease and Desist; Hearing; Costs; Referral of Case for Further Enforcement; Action Under MCL 333.5569 or 333.5571.

333.5567 Order to cease and desist; hearing; costs; referral of case for further enforcement; action under MCL 333.5569 or 333.5571.
Sec. 5567.
(1) After a determination as described in section 5565(4), the department may order a person to cease and desist from a violation of this part or a rule promulgated under this part.
(2) A person ordered to cease and desist under this section is entitled to a hearing before the department if a written request for a hearing is filed within 30 days after the effective date of the order.
(3) The department may assess costs related to the investigation of a violation of this part or rules promulgated under this part. The department may issue an order for costs assessed under this subsection after a hearing held in compliance with the administrative procedures act of 1969.
(4) The department may refer a case for further enforcement action under section 5569 or 5571 against a person that fails to comply with a cease and desist order that is not contested or that is upheld following a hearing.
(5) The department is not required to issue a cease and desist order before taking action under section 5569 or 5571.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5569 - Civil Action; Filing; Injunction or Other Relief; Civil Fine; Costs; Attorney Fees.

333.5569 Civil action; filing; injunction or other relief; civil fine; costs; attorney fees.
Sec. 5569.
(1) The department may file a civil action in a court of competent jurisdiction seeking an injunction or other appropriate relief to enforce this part or a rule promulgated under this part.
(2) In an action under subsection (1), the court may impose on a person that violates or attempts to violate this part or a rule promulgated under this part a civil fine of not less than $5,000.00 for each violation or attempted violation. The court may also award costs of an investigation and attorney fees from a person that violates or attempts to violate this part or a rule promulgated under this part.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-55A - Part 55a Eye Care Consumer Protection (333.5551...333.5571) › Section 333.5571 - Violation of Part, Rule, or Order as Misdemeanor; Fine; Costs; Attorney Fees.

333.5571 Violation of part, rule, or order as misdemeanor; fine; costs; attorney fees.
Sec. 5571.
A person that violates this part or a rule promulgated under this part or violates a cease and desist order issued under this part is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not less than $5,000.00 or more than $25,000.00, or both. If successful in obtaining a conviction, the agency prosecuting the case is entitled to actual costs and attorney fees from the defendant.
History:
Add. 2014, Act 269, Eff. Sept. 30, 2014
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) › 368-1978-5-56 - Part 56 Occupational Diseases (333.5601...333.5639) › Section 333.5601 - “Occupational Disease” Defined; General Definitions and Principles of Construction.

333.5601 “Occupational disease” defined; general definitions and principles of construction.
Sec. 5601.
(1) As used in this part, "occupational disease" means an illness of the human body arising out of and in the course of an individual's employment and having 1 or more of the following characteristics:
(a) It is caused by a frequently repeated or continuous exposure to a hazardous substance or agent or to a specific industrial practice which is hazardous and which has continued over an extended period of time.
(b) It is caused by an acute exposure to a hazardous substance or agent.
(c) It presents symptoms characteristic of an occupational disease known to have resulted in other cases from the same type of specific exposure.
(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 powers and duties of the division of occupational health in the bureau of environmental and occupational health, with the exception of dry cleaning unit, from the department of public health to the director of the department of labor, 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) › 368-1978-5-56 - Part 56 Occupational Diseases (333.5601...333.5639) › Section 333.5611 - Report of Occupational Disease or Health Condition Aggravated by Workplace Exposures; Time; Contents; Forms and Instructions.

333.5611 Report of occupational disease or health condition aggravated by workplace exposures; time; contents; forms and instructions.
Sec. 5611.
(1) A physician, hospital, clinic, or employer knowing of an individual having a case of occupational disease or a health condition aggravated by workplace exposures shall report the case to the department within 10 days after the discovery of the occupational disease or condition.
(2) A physician, hospital, clinic, or employer knowing of a suspected case of occupational disease or a health condition aggravated by workplace exposures shall report the case to the department within 10 days after the discovery of the occupational disease or condition.
(3) The report shall state the name and address of the individual, the name and business address of the employer, the business of the employer, the place of the individual's employment, the length of time of employment in the place where the individual became ill, the nature of the disease, and other information required by the department.
(4) The department shall prepare and furnish the report forms and instructions for their use to physicians, hospitals, clinics, and employers.
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) › 368-1978-5-56 - Part 56 Occupational Diseases (333.5601...333.5639) › Section 333.5613 - Investigation; Advising Physician of Nature of Hazardous Substance or Agent and Conditions of Exposure; Confidentiality.

333.5613 Investigation; advising physician of nature of hazardous substance or agent and conditions of exposure; confidentiality.
Sec. 5613.
(1) The department, upon receiving a report under section 5611 or believing that a case or suspected case of occupational disease exists in this state, may investigate to determine the accuracy of the report and the cause of the disease.
(2) To aid in the diagnosis or treatment of an occupational disease, the department shall advise the physician in charge of a patient of the nature of the hazardous substance or agent and the conditions of exposure of the patient as established by the investigation. In so doing the department shall protect the confidentiality of trade secrets or privileged information disclosed by the investigations in accordance with section 13 of Act No. 442 of the Public Acts of 1976, being section 15.243 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) › 368-1978-5-56 - Part 56 Occupational Diseases (333.5601...333.5639) › Section 333.5621 - Reports Not Public Records; Exemption From Disclosure; Access to Record.

333.5621 Reports not public records; exemption from disclosure; access to record.
Sec. 5621.
(1) Reports submitted to the department under section 5611 are not public records and are exempt from disclosure pursuant to section 13(1)(d) of Act No. 442 of the Public Acts of 1976.
(2) The bureau of worker's disability compensation and the compensation appeal board in the department of labor shall have access to the record of an actual case of occupational disease in a compensation case before it.
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) › 368-1978-5-56 - Part 56 Occupational Diseases (333.5601...333.5639) › Section 333.5623 - Statistical Summaries; Dissemination of Instructions and Information.

333.5623 Statistical summaries; dissemination of instructions and information.
Sec. 5623.
(1) Not less than once each year, the department shall compile statistical summaries of all occupational diseases reported and accepted as covering true occupational diseases, and the kinds of employment leading to the occurrence of the diseases.
(2) The department shall disseminate to appropriate employers in this state appropriate instructions and information to prevent the occurrence of occupational diseases.
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) › 368-1978-5-56 - Part 56 Occupational Diseases (333.5601...333.5639) › Section 333.5639 - Failure to Make Report or Wilful False Statement as Misdemeanor; Penalty.

333.5639 Failure to make report or wilful false statement as misdemeanor; penalty.
Sec. 5639.
A physician, hospital or clinic administrator, or employer who fails to make a report or who wilfully makes a false statement in a report required by section 5611(1) is guilty of a misdemeanor punishable by a fine of not more than $50.00.
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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5651 - Short Title of Part.

333.5651 Short title of part.
Sec. 5651.
This part shall be known and may be cited as the "Michigan dignified death act".
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997
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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5652 - Legislative Findings; Michigan Dignified Death Act.

333.5652 Legislative findings; Michigan dignified death act.
Sec. 5652.
(1) The legislature finds all of the following:
(a) That patients face a unique set of circumstances and decisions once they have been diagnosed as having a reduced life expectancy due to advanced illness.
(b) That published studies indicate that patients with reduced life expectancy due to advanced illnesses fear that in end-of-life situations they could receive unwanted aggressive medical treatment.
(c) That patients with reduced life expectancy due to advanced illnesses are often unaware of their legal rights, particularly with regard to controlling end-of-life decisions.
(d) That the free flow of information among health care providers, patients, and patients' families can give patients and their families a sense of control over their lives, ease the stress involved in coping with a reduced life expectancy due to advanced illness, and provide needed guidance to all involved in determining the appropriate variety and degree of medical intervention to be used.
(e) That health care providers should be encouraged to initiate discussions with their patients regarding advance medical directives during initial consultations, annual examinations, and hospitalizations, at diagnosis of a chronic illness, and when a patient transfers from 1 health care setting to another.
(2) In affirmation of the tradition in this state recognizing the integrity of patients and their desire for a humane and dignified death, the Michigan legislature enacts the "Michigan dignified death act". In doing so, the legislature recognizes that a well-considered body of common law exists detailing the relationship between health care providers and their patients. This act is not intended to abrogate any part of that common law. This act is intended to increase awareness of the right of a patient who has a reduced life expectancy due to advanced illness to make decisions to receive, continue, discontinue, or refuse medical treatment. It is hoped that by doing so, the legislature will encourage better communication between patients with reduced life expectancy due to advanced illnesses and health care providers to ensure that the patient's final days are meaningful and dignified.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2001, Act 239, Imd. Eff. Jan. 8, 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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5653 - Definitions.

333.5653 Definitions.
Sec. 5653.
(1) As used in this part:
(a) "Advanced illness", except as otherwise provided in this subdivision, means a medical or surgical condition with significant functional impairment that is not reversible by curative therapies and that is anticipated to progress toward death despite attempts at curative therapies or modulation, the time course of which may or may not be determinable through reasonable medical prognostication. For purposes of section 5655(b) only, "advanced illness" has the same general meaning as "terminal illness" has in the medical community.
(b) "Health facility" means a health facility or agency licensed under article 17.
(c) "Hospice" means that term as defined in section 20106.
(d) "Medical treatment" means a treatment including, but not limited to, palliative care treatment, or a procedure, medication, surgery, a diagnostic test, or a hospice plan of care that may be ordered, provided, or withheld or withdrawn by a health professional or a health facility under generally accepted standards of medical practice and that is not prohibited by law.
(e) "Patient" means an individual who is under the care of a physician.
(f) "Patient advocate" means that term as described and used in sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515.
(g) "Patient surrogate" means the parent or legal guardian of a patient who is a minor or a member of the immediate family, the next of kin, or the legal guardian of a patient who has a condition other than minority that prevents the patient from giving consent to medical treatment.
(h) "Physician" means that term as defined in section 17001 or 17501.
(2) Article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2000, Act 58, Eff. Apr. 1, 2000 ;-- Am. 2001, Act 239, Imd. Eff. Jan. 8, 2002 ;-- Am. 2004, Act 551, Imd. Eff. Jan. 3, 2005
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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5654 - Recommended Medical Treatment for Advanced Illness; Duty of Physician to Inform Orally; Limitation or Modification of Disclosed Information.

333.5654 Recommended medical treatment for advanced illness; duty of physician to inform orally; limitation or modification of disclosed information.
Sec. 5654.
(1) A physician who has diagnosed a patient as having a reduced life expectancy due to an advanced illness and is recommending medical treatment for the patient shall do all of the following:
(a) Orally inform the patient, the patient's patient surrogate, or, if the patient has designated a patient advocate and is unable to participate in medical treatment decisions, the patient advocate acting on behalf of the patient in accordance with sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515, about the recommended medical treatment and about alternatives to the recommended medical treatment.
(b) Orally inform the patient, patient surrogate, or patient advocate about the advantages, disadvantages, and risks of the recommended medical treatment and of each alternative medical treatment described in subdivision (a) and about the procedures involved.
(2) A physician's duty to inform a patient, patient surrogate, or patient advocate under subsection (1) does not require the disclosure of information beyond that required by the applicable standard of practice.
(3) Subsection (1) does not limit or modify the information required to be disclosed under sections 5133(2) and 17013(1).
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2000, Act 58, Eff. Apr. 1, 2000 ;-- Am. 2001, Act 239, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 551, Imd. Eff. Jan. 3, 2005
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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5655 - Recommended Medical Treatment for Advanced Illness; Duty of Physician to Inform Orally and in Writing; Requirements.

333.5655 Recommended medical treatment for advanced illness; duty of physician to inform orally and in writing; requirements.
Sec. 5655.
In addition to the requirements of section 5654, a physician who has diagnosed a patient as having a reduced life expectancy due to an advanced illness and is recommending medical treatment for the patient shall, both orally and in writing, inform the patient, the patient's patient surrogate, or, if the patient has designated a patient advocate and is unable to participate in medical treatment decisions, the patient advocate, of all of the following:
(a) If the patient has not designated a patient advocate, that the patient has the option of designating a patient advocate to make medical treatment decisions for the patient in the event the patient is not able to participate in his or her medical treatment decisions because of his or her medical condition.
(b) That the patient, or the patient's patient surrogate or patient advocate, acting on behalf of the patient, has the right to make an informed decision regarding receiving, continuing, discontinuing, and refusing medical treatment for the patient's reduced life expectancy due to advanced illness.
(c) That the patient, or the patient's patient surrogate or patient advocate, acting on behalf of the patient, may choose palliative care treatment including, but not limited to, hospice care and pain management.
(d) That the patient or the patient's surrogate or patient advocate acting on behalf of the patient may choose adequate and appropriate pain and symptom management as a basic and essential element of medical treatment.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2001, Act 239, Eff. Oct. 1, 2002
Compiler's Notes:
Enacting section 3 of Act 239 of 2001 provides:“Enacting section 3. The 2001 amendatory act that amended section 5655 of the public health code, 1978 PA 368, MCL 333.5655, shall not be construed as creating a new mandated benefit for any coverages issued under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1101 to 550.1704, or any other health care payment or benefits plan.”
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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5656 - Updated Standardized Written Summary; Development; Publication; Contents; Availability to Physicians.

333.5656 Updated standardized written summary; development; publication; contents; availability to physicians.
Sec. 5656.
(1) By July 1, 2002, the department of community health shall develop and publish an updated standardized, written summary that contains all of the information required under section 5655.
(2) The department shall develop the updated standardized, written summary in consultation with appropriate professional and other organizations. The department shall draft the summary in nontechnical terms that a patient, patient surrogate, or patient advocate can easily understand.
(3) The department shall make the updated standardized, written summary described in subsection (1) available to physicians through the Michigan board of medicine and the Michigan board of osteopathic medicine and surgery created in article 15. The Michigan board of medicine and the Michigan board of osteopathic medicine and surgery shall notify in writing each physician subject to this part of the requirements of this part and the availability of the updated standardized, written summary within 10 days after the updated standardized, written summary is published.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2001, Act 237, Eff. Jan. 8, 2002
Compiler's Notes:
Enacting section 3 of Act 237 of 2001 provides:“Enacting section 3. The 2001 amendatory act that amended section 5656 of the public health code, 1978 PA 368, MCL 333.5656, shall not be construed as creating a new mandated benefit for any coverages issued under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1101 to 550.1704, or any other health care payment or benefits plan.”
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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5657 - Availability of Form to Patient, Patient Surrogate, or Patient Advocate; Compliance With MCL 333.5656; Placement of Signed Form in Patient's Medical Record; Signed Form as Bar to Civil or Administrative Action.

333.5657 Availability of form to patient, patient surrogate, or patient advocate; compliance with MCL 333.5656; placement of signed form in patient's medical record; signed form as bar to civil or administrative action.
Sec. 5657.
(1) If a physician gives a copy of the standardized, written summary developed and published before July 1, 2002 or a copy of the updated standardized, written summary made available under section 5656 to a patient with reduced life expectancy due to advanced illness, to the patient's patient surrogate, or to the patient advocate, the physician is in full compliance with the requirements of section 5655.
(2) A physician may make available to a patient with reduced life expectancy due to advanced illness, to the patient's patient surrogate, or to the patient advocate a form indicating that the patient, patient surrogate, or patient advocate has been given a copy of the standardized, written summary developed and published under section 5656 before July 1, 2002 or a copy of the updated standardized, written summary developed and published under section 5656 on or after July 1, 2002 and received the oral information required under section 5654. If a physician makes such a form available to a patient, to the patient's patient surrogate, or to the patient advocate, the physician shall request that the patient, patient's patient surrogate, or patient advocate sign the form and shall place a copy of the signed form in the patient's medical record.
(3) A patient, a patient's patient surrogate, or a patient advocate who signs a form under subsection (2) is barred from subsequently bringing a civil or administrative action against the physician for providing the information orally and in writing under section 5655 based on failure to obtain informed consent.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2001, Act 237, Eff. Oct. 1, 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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5658 - Prescription of Controlled Substance; Immunity From Administrative and Civil Liability.

333.5658 Prescription of controlled substance; immunity from administrative and civil liability.
Sec. 5658.
A physician who, as part of a medical treatment plan for a patient with reduced life expectancy due to advanced illness, prescribes for that patient a controlled substance that is included in schedules 2 to 5 under part 72 and that is a narcotic drug is immune from administrative and civil liability based on prescribing the controlled substance if the prescription is given in good faith and with the intention to treat a patient with reduced life expectancy due to advanced illness or alleviate the patient's pain, or both, and all of the following are met:
(a) The prescription is for a legitimate legal and professionally recognized therapeutic purpose.
(b) Prescribing the controlled substance is within the scope of practice of the physician.
(c) The physician holds a valid license under article 7 to prescribe controlled substances.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2001, Act 237, Eff. Jan. 8, 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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5659 - Life Insurer, Health Insurer, or Health Care Payment or Benefits Plan; Prohibited Acts.

333.5659 Life insurer, health insurer, or health care payment or benefits plan; prohibited acts.
Sec. 5659.
A life insurer, a health insurer, or a health care payment or benefits plan shall not do 1 or more of the following because a patient with reduced life expectancy due to advanced illness, the patient's patient surrogate, or the patient advocate has made a decision to refuse or discontinue a medical treatment as a result of information received as required under this part:
(a) Refuse to provide or continue coverage or benefits to the patient within the scope and level of coverage or benefits of an existing policy, certificate, or contract.
(b) Limit the amount of coverage or benefits available to the patient within the scope and level of coverage or benefits of an existing policy, certificate, or contract.
(c) Charge the patient a different rate for coverage or benefits under an existing policy, certificate, or contract.
(d) Consider the terms of an existing policy, certificate, or contract to have been breached or modified.
(e) Invoke a suicide or intentional death exemption or exclusion in a policy, certificate, or contract covering the patient.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2001, Act 237, Eff. Jan. 8, 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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5660 - Scope of Part; Limitation.

333.5660 Scope of part; limitation.
Sec. 5660.
This part does not do the following:
(a) Impair or supersede a legal right a parent, patient, patient advocate, legal guardian, or other individual may have to consent to or refuse medical treatment on behalf of another.
(b) Create a presumption about the desire of a patient who has reduced life expectancy due to advanced illness to receive or refuse medical treatment, regardless of the ability of the patient to participate in medical treatment decisions.
(c) Limit the ability of a court making a determination about a decision of a patient who has reduced life expectancy due to advanced illness to take into consideration all of the following state interests:
(i) The preservation of life.
(ii) The prevention of suicide.
(iii) The protection of innocent third parties.
(iv) The preservation of the integrity of the medical profession.
(d) Condone, authorize, or approve suicide, assisted suicide, mercy killing, or euthanasia.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997 ;-- Am. 2001, Act 237, Eff. Jan. 8, 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) › 368-1978-5-56A - Part 56a Terminal Illness (333.5651...333.5661) › Section 333.5661 - Fraud Resulting in Death of Patient; Violation as Felony; Penalty.

333.5661 Fraud resulting in death of patient; violation as felony; penalty.
Sec. 5661.
(1) An individual shall not, by fraud, cause or attempt to cause a patient, patient surrogate, or patient advocate to make a medical treatment decision that results in the death of the patient with the intent to benefit financially from the outcome of the medical treatment decision. As used in this subsection, "fraud" means a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, that deceives and is intended to deceive another so that he or she acts upon it to his or her legal injury.
(2) An individual who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
History:
Add. 1996, Act 594, Eff. Mar. 31, 1997
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) › 368-1978-5-56B - Part 56b Physician Orders for Scope of Treatment (333.5671...333.5685) › Section 333.5671 - Words and Phrases; Applicability of Definitions and Principles of Construction.

333.5671 Words and phrases; applicability of definitions and principles of construction.
Sec. 5671.
(1) As used in this part, the words and phrases defined in sections 5672 to 5674 have the meanings ascribed to them in those sections.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
Add. 2017, Act 154, Eff. Feb. 6, 2018
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) › 368-1978-5-56B - Part 56b Physician Orders for Scope of Treatment (333.5671...333.5685) › Section 333.5672 - Definitions: A to C.

333.5672 Definitions: A to C.
Sec. 5672.
(1) "Actual notice" includes the physical presentation of a POST form or a revoked POST form, or the electronic transmission of a POST form or a revoked POST form if the recipient of the form sends an electronic confirmation to the patient, patient representative, or attending health professional, who sent the electronic transmission, indicating that the POST form or revoked POST form has been received. Actual notice also includes knowledge of a patient's intent to revoke the POST form by a health professional who is treating the patient, by an attending health professional, or by emergency medical services personnel.
(2) "Adult foster care facility" means that term as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703.
(3) "Advanced illness" means a medical or surgical condition with significant functional impairment that is not reversible by curative therapies and that is anticipated to progress toward death despite attempts at curative therapies or modulation.
(4) "Attending health professional" means a physician, physician's assistant, or certified nurse practitioner, who has primary responsibility for the treatment of a patient and is authorized to issue the medical orders on a POST form.
(5) "Certified nurse practitioner" means an individual licensed as a registered professional nurse under part 172 who has been issued a specialty certification as a nurse practitioner by the Michigan board of nursing under section 17210.
History:
Add. 2017, Act 154, Eff. Feb. 6, 2018
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) › 368-1978-5-56B - Part 56b Physician Orders for Scope of Treatment (333.5671...333.5685) › Section 333.5673 - Definitions; E to I.

333.5673 Definitions; E to I.
Sec. 5673.
(1) "Emergency medical protocol" means a protocol as that term is defined in section 20908.
(2) "Emergency medical services personnel" means that term as defined in section 20904, but does not include an emergency medical services instructor-coordinator.
(3) "Guardian" means a person with the powers and duties to make medical treatment decisions on behalf of a patient to the extent granted by court order under section 5314 of the estates and protected individuals code, 1998 PA 386, MCL 700.5314.
(4) "Health facility" means a health facility or agency licensed under article 17. Health facility does not include a hospital unless specifically provided.
(5) "Health professional" means an individual licensed, registered, or otherwise authorized to engage in the practice of a health profession under article 15.
(6) "Hospital" means that term as defined in section 20106.
(7) "Information form" means the information form described in section 5676.
History:
Add. 2017, Act 154, Eff. Feb. 6, 2018
Popular Name:
Act 368