reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2882a - Heirloom Birth Certificate; Issuance; Administration; Fee; Design; Seal; Signature of Governor; Marketing and Promotion; Certificate Not Official Record; Section to Be Referred to as "Pam Posthumus law."

333.2882a Heirloom birth certificate; issuance; administration; fee; design; seal; signature of governor; marketing and promotion; certificate not official record; section to be referred to as "Pam Posthumus law."
Sec. 2882a.
(1) In addition to the birth record copies and certificates issued under section 2882 and subject to the limitations of section 2882(1)(a) and (b), the state registrar shall issue, upon request and payment of the fee prescribed in subsection (2), an heirloom birth certificate representing the birth of the individual named on the original birth record or certificate. The state registrar may establish procedures for the administration of an heirloom birth certificate. The state registrar shall establish procedures to allow the purchase of a gift card or certificate that can be redeemed by a person eligible to purchase an heirloom birth certificate under this section.
(2) The fee for each heirloom certificate of birth is $40.00. The state registrar shall transmit $20.00 of each fee collected under this section to the state treasurer for deposit as a gift or donation into the children's trust fund created in 1982 PA 249, MCL 21.171 to 21.172.
(3) The department shall design each heirloom birth certificate available for issue under subsection (1) consistent with the form and content prescribed under section 2811 and so that it is suitable for display. An heirloom birth certificate may bear the seal of the state and may be signed by the governor.
(4) The department shall market and promote heirloom birth certificates available under this section.
(5) An heirloom birth certificate issued under this section is not an official record of birth and is not the active birth certificate of the individual whose name appears on the document.
(6) This section may be referred to as the "Pam Posthumus law".
History:
Add. 2011, Act 28, Imd. Eff. May 16, 2011 ;-- Am. 2012, Act 127, Imd. Eff. May 8, 2012
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2883 - Furnishing Copies or Data From System of Vital Statistics; Requirements; Availability of Copies of Certificates or Reports.

333.2883 Furnishing copies or data from system of vital statistics; requirements; availability of copies of certificates or reports.
Sec. 2883.
(1) The department may furnish copies or data from the system of vital statistics to the federal agency responsible for national vital statistics if the federal agency shares in the cost of collecting, processing, and transmitting the data, and if the data is not used for other than statistical purposes by the federal agency unless authorized by the state registrar.
(2) The department may furnish copies or data from the system of vital statistics to federal, state, local, and other public or private agencies for statistical or administrative purposes upon terms or conditions prescribed by the department if the copies or data are used only for the purpose for which requested unless otherwise authorized by the state registrar.
(3) The department may make available copies of certificates or reports required under this part or data derived from the certificates or reports that the department determines are necessary to local health agencies for local health planning and program activities.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2884 - Transmitting Transcripts of Records and Other Reports to Offices of Vital Statistics Outside State; Agreement; Return of Transcripts; Transcripts Received From Other Jurisdictions.

333.2884 Transmitting transcripts of records and other reports to offices of vital statistics outside state; agreement; return of transcripts; transcripts received from other jurisdictions.
Sec. 2884.
The state registrar, by agreement, may transmit transcripts of records and other reports required by this part to offices of vital statistics outside this state when the records or other reports relate to residents of those jurisdictions or individuals born in those jurisdictions. The agreement shall require that the transcripts be used for statistical and administrative purposes only as specified in the agreement. The transcripts shall be returned by the other jurisdiction not later than 2 years after the date of the event or after the statistical tabulations have been accomplished, whichever is sooner. Transcripts received from other jurisdictions by the department in this state shall be handled in the same manner.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2885 - Transmission of Vital Records to Library of Michigan.

333.2885 Transmission of vital records to library of Michigan.
Sec. 2885.
(1) The state registrar may transmit on microfilm or microfiche or by other electronic means copies of the following vital record certificates or reports or indexes of the certificates or reports from the system of vital statistics to the library of Michigan to be made available to the public to facilitate genealogical research:
(a) Each death record certificate that is 75 years old or older.
(b) Each marriage record certificate that is 75 years old or older, excluding those marriage record certificates issued under 1897 PA 180, MCL 551.201 to 551.204.
(c) Each divorce record that is 75 years old or older.
(d) Each birth record certificate that is 110 years old or older unless the certificate has been sealed or the disclosure of that certificate is otherwise prohibited by law.
(2) To further facilitate genealogical research, the state registrar may do 1 or more of the following:
(a) Establish and implement a web-based mechanism to provide the public with internet access to those vital record certificates or reports or indexes of the certificates or reports described under subsection (1).
(b) Transmit copies of those vital record certificates or reports or indexes of the certificates or reports described under subsection (1) to federal, state, local, and other public or private entities.
(3) Vital records described under subsection (1)(a), (b), and (c) that were previously sealed by law or rule shall be unsealed and may be released by the state registrar as historical copies of the certificate of a vital event.
(4) The state registrar shall establish procedures for the transmission of those documents described in subsection (1). The state registrar may establish procedures for the updating and correcting of those documents described under subsection (1) that are subsequently amended or replaced.
(5) Vital records copies or information released by the state registrar in accordance with this section and no longer under the supervisory control of the state registrar shall not be considered prima facie evidence of the facts within those copies or other information.
History:
Add. 2006, Act 73, Imd. Eff. Mar. 20, 2006
Popular Name:
Act 368
Compiler's Notes:
For transfer of powers and duties of library of Michigan and state librarian, except pertaining to services for blind and physically handicapped and those related to census data functions, to department of education, see E.R.O. No. 2009-26, compiled at MCL 399.752.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2886 - Certified Copies Considered Same as Original; Prima Facie Evidence.

333.2886 Certified copies considered same as original; prima facie evidence.
Sec. 2886.
A certified copy of a vital record, or any part thereof, or a certificate of registration issued in accordance with sections 2881 and 2882 is considered for all purposes the same as the original and is prima facie evidence of the facts stated in the original.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2888 - Inspection of Vital Records, Disclosure of Information, and Issuance of Copies; Procedures; Appeal to State Registrar.

333.2888 Inspection of vital records, disclosure of information, and issuance of copies; procedures; appeal to state registrar.
Sec. 2888.
(1) To protect the integrity of vital records, to insure their proper use, and to insure the efficient and proper administration of the system of vital statistics, a person or governmental entity shall not permit inspection of, disclose information contained in vital records, or copy or issue a copy of all or part of a record except as authorized by this part, by rule, or by order of a court of competent jurisdiction. Vital records and information or any part of the information contained in a vital record is not subject to the provisions of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. Procedures shall provide for adequate standards of security and confidentiality of vital records.
(2) The department may establish procedures for the disclosure of information contained in vital records for research purposes.
(3) An appeal from a decision of a custodian of permanent local records refusing to disclose information, or to permit inspection of or copying of records under the authority of this section and procedures adopted under section 2896, shall be made to the state registrar, whose decision is binding on the local custodian of permanent local records.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 562, Imd. Eff. Oct. 1, 2002
Popular Name:
Act 368
Admin Rule:
R 325.3231 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 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2889 - Tagging Birth Certificate of Missing Child; Notifying State Police of Request for Copy of Certificate; Matching Lein Entry and Certificate; Tagging by Local Registrar; Removal of Tag.

333.2889 Tagging birth certificate of missing child; notifying state police of request for copy of certificate; matching LEIN entry and certificate; tagging by local registrar; removal of tag.
Sec. 2889.
(1) Upon notification pursuant to section 8 of Act No. 319 of the Public Acts of 1968, being section 28.258 of the Michigan Compiled Laws, that a person less than 17 years of age who was born in this state is missing, the state registrar shall immediately tag the birth certificate of that person in a manner that will alert the registrar to the fact that the birth certificate is that of a missing child. The state registrar shall immediately notify the appropriate local registrars to similarly tag the birth certificate or appropriate document of the missing child. The state registrar shall check to see if a request for a copy of the missing child's birth certificate was received within 14 days preceding the tagging of the birth certificate. If a request had been received, the state registrar shall immediately notify the state police of the request.
(2) The state registrar may access the law enforcement information network to obtain from the law enforcement agency reporting the missing person information necessary to provide a positive match between the missing person's LEIN entry and the missing person's birth certificate.
(3) Upon notification by the state registrar pursuant to subsection (1), the local registrar shall immediately tag the birth certificate or appropriate document of a missing child in a manner that will alert the registrar to the fact that the birth certificate is that of a missing child.
(4) Upon notification pursuant to section 8 of Act No. 319 of the Public Acts of 1968 that the information entered into the law enforcement information network regarding a missing child has been canceled, the state registrar shall remove the tag from the child's birth certificate not later than 7 days after receiving the notice.
(5) Upon removal of a tag by the state registrar pursuant to subsection (4), the state registrar shall immediately notify the local registrar who shall remove the tag from the missing child's birth certificate or appropriate document not later than 7 days after receiving the notice from the state registrar.
History:
Add. 1987, Act 83, Imd. Eff. June 29, 1987
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2890 - Issuing Birth Certificate, Certificate of Registration, or Information by Mail; Marking Phrase “Missing Person” on Face of Document; Telephoning State Registrar Upon Receipt of Request for Tagged Record; Providing State Registrar With Certain Information; Telephoning State Police; Notice to Law Enforcement Agency.

333.2890 Issuing birth certificate, certificate of registration, or information by mail; marking phrase “missing person” on face of document; telephoning state registrar upon receipt of request for tagged record; providing state registrar with certain information; telephoning state police; notice to law enforcement agency.
Sec. 2890.
(1) If a missing child's birth certificate is tagged pursuant to section 2889, the state registrar and local registrar shall only issue a copy of the missing child's birth certificate, certificate of registration, or otherwise verify, certify, or provide information concerning the items indicated in section 2881(2) by mail. The document mailed shall have the phrase "missing person" marked on the face of the document and shall not be mailed until at least 72 hours have passed from the time the registrar notified the department of state police pursuant to subsection (2).
(2) A local registrar shall immediately telephone the state registrar upon receipt of a request for a record tagged pursuant to section 2889 and shall provide as soon as possible a copy of the written request and any pertinent information such as the requester's name, address, and if requested in person, the requester's driver's license number, to the state registrar. If the state registrar receives a request for a record tagged pursuant to section 2889 or the local registrar notifies the state registrar of the receipt of a request for a tagged record, the state registrar shall immediately telephone the state police and shall provide as soon as possible a copy of the written request and any pertinent information such as the requester's name, address, and if requested in person, the requester's driver's license number, to the department of state police. The department of state police shall immediately notify the appropriate law enforcement agency of a request for a tagged record and shall forward to that agency the information received from the registrar.
History:
Add. 1987, Act 83, Imd. Eff. June 29, 1987
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2892 - Vital Records Fund Creation; Duties of State Treasurer; Disposition of Fund; Administrator of Fund; Expenditures; Limitation.

333.2892 Vital records fund creation; duties of state treasurer; disposition of fund; administrator of fund; expenditures; limitation.
Sec. 2892.
(1) The vital records fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the vital records fund. The state treasurer shall direct the investment of money or other assets in the vital records fund. The state treasurer shall credit to the vital records fund interest and earnings from the investment of money or other assets in the vital records fund. Money in the vital records fund at the close of the fiscal year shall remain in the vital records fund and shall not lapse to the general fund.
(2) The department of technology, management, and budget is the administrator of the fund for auditing purposes. The department of technology, management, and budget shall expend money from the fund, upon appropriation, only for the maintenance and sustainability of the system of vital statistics in this state.
History:
Add. 2013, Act 136, Imd. Eff. Oct. 15, 2013
Compiler's Notes:
Enacting section 1 of Act 136 of 2013 provides:"Enacting section 1. This amendatory act takes effect October 1, 2013."
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2894 - Prohibited Conduct.

333.2894 Prohibited conduct.
Sec. 2894.
(1) A person shall not:
(a) Wilfully and knowingly refuse to provide vital records information required by this part or the rules promulgated pursuant to this part.
(b) Wilfully and knowingly make a false statement in a vital record or report required to be filed under this code, or in an application for an amendment or for a certified copy of a vital record.
(c) Wilfully and knowingly supply false information intending that the information be used in the preparation of a vital record or amendment thereof.
(d) Wilfully and knowingly obtain, possess, use, sell, furnish, or attempt to obtain, possess, use, sell, or furnish to another person, for any purpose of deception, a counterfeited, altered, amended, or mutilated vital record or certified copy thereof.
(e) Wilfully and knowingly furnish or process a vital record or a certified copy of a vital record with the knowledge or intention that it be used for the purposes of deception.
(2) A person shall not make, counterfeit, alter, amend, or mutilate a vital record or report required to be filed under this part with the intent to deceive.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2895 - Inspection or Copying of Information Contained in System of Vital Statistics.

333.2895 Inspection or copying of information contained in system of vital statistics.
Sec. 2895.
The state registrar or a local registrar or an agent or employee of the state or local registrar shall not disclose or permit the inspection or copying of information contained in the system of vital statistics except as authorized by this part or the procedures adopted under section 2896.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2896 - Rules; Minimum Requirements.

333.2896 Rules; minimum requirements.
Sec. 2896.
The department may promulgate rules necessary or appropriate to implement this part. The rules shall include, at a minimum, procedures relating to filings; form and content of vital records; minimum documentation required for the issuance or amendment of certificates or permits; inspection or disclosure of records and sealed files; fees; and the disposition of reports and applications not actively pursued.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
Admin Rule:
R 325.1141 et seq.; R 325.3201 et seq.; R 325.3231 et seq.; and R 325.3251 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 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2898 - Violation; Penalty.

333.2898 Violation; penalty.
Sec. 2898.
A person who violates section 2894 or 2895 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.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-28 - Part 28 Vital Records (333.2801...333.2899) › Section 333.2899 - Reporting Violation; Statement; Initiation of Proceedings.

333.2899 Reporting violation; statement; initiation of proceedings.
Sec. 2899.
The state registrar may report a violation of this part or the rules promulgated pursuant to this part to the attorney general. A statement of the facts and circumstances of the violation shall be submitted with the report. Upon receipt of the report, the attorney general, either directly or through the prosecuting attorney of the county in which the violation occurred, may initiate appropriate proceedings against the person committing and responsible for the alleged violation.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-32 - Part 32 Emergency Medical Services System (333.3201...333.3249) › Section 333.3201-333.3249 - Repealed. 1981, Act 79, Imd. Eff. June 30, 1981.

333.3201-333.3249 Repealed. 1981, Act 79, Imd. Eff. June 30, 1981.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-36 - Part 36 Nutrition Services System (333.3601...333.3625) › Section 333.3601-333.3625 - Expired. 1978, Act 368, Eff. Oct. 1, 1980.

333.3601-333.3625 Expired. 1978, Act 368, Eff. Oct. 1, 1980.
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5101 - Definitions and Principles of Construction.

333.5101 Definitions and principles of construction.
Sec. 5101.
(1) As used in this article:
(a) "Care" includes treatment, control, transportation, confinement, and isolation in a facility or other location.
(b) "Communicable disease" means an illness due to a specific infectious agent or its toxic products that results from transmission of that infectious agent or its products from a reservoir to a susceptible host, directly as from an infected individual or animal, or indirectly through the agency of an intermediate plant or animal host, vector, or the inanimate environment.
(c) "HIV" means human immunodeficiency virus.
(d) "HIV infection" or "HIV infected" means the status of an individual who is infected with HIV, as evidenced by any of the following:
(i) An HIV test, or a combination of tests, that is considered a confirmatory diagnostic test according to prevailing medical technology and algorithms or guidance from the federal Centers for Disease Control and Prevention.
(ii) An HIV test that is approved by the department.
(e) "Immunization" means the process of increasing an individual's immunity to a disease by use of a vaccine, antibody preparation, or other substance.
(f) "Infection" means the invasion of the body with microorganisms or parasites, whether or not the invasion results in detectable pathologic effects.
(g) "Serious communicable disease or infection" means a communicable disease or infection that is designated as serious by the department under this part. Serious communicable disease or infection includes, but is not limited to, HIV infection, acquired immunodeficiency syndrome, sexually transmitted infection, and tuberculosis.
(h) "Sexually transmitted infection" means syphilis, gonorrhea, chancroid, lymphogranuloma venereum, granuloma inguinale, and other sexually transmitted infections that the department may designate and require to be reported under section 5111.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 491, Eff. Mar. 30, 1989 ;-- Am. 1994, Act 200, Imd. Eff. June 21, 1994 ;-- Am. 2010, Act 119, Imd. Eff. July 13, 2010 ;-- Am. 2016, Act 63, Eff. July 4, 2016 ;-- Am. 2018, Act 534, Eff. Mar. 28, 2019
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5112 - Pandemic Influenza Plan; Establishment and Maintenance; Annual Review and Update; Availability to Public; Report.

333.5112 Pandemic influenza plan; establishment and maintenance; annual review and update; availability to public; report.
Sec. 5112.
(1) The department shall establish and maintain a pandemic influenza plan. The department shall consult with the United States department of health and human services and the federal centers for disease control and prevention to ensure that the pandemic influenza plan established by this state is consistent with the national preparedness efforts. The department, in consultation with the department of agriculture and the local health departments in this state, shall review and update the pandemic influenza plan at least annually. The department shall make the pandemic influenza plan and any updates to that plan available to the public through its website.
(2) Beginning 1 year after the effective date of this section and annually thereafter, the department shall prepare a report regarding the pandemic influenza plan established under subsection (1), including an assessment of the plan's effectiveness and this state's preparedness for an influenza outbreak, and present that report to the appropriate standing committees and appropriations subcommittees of the senate and house of representatives of the legislature that primarily address public health issues.
History:
Add. 2006, Act 163, Imd. Eff. May 26, 2006
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5113 - Medical Treatment, Testing, or Examination as Violative of Personal Religious Beliefs; Compliance With Provisions Regarding Sanitation and Reporting of Diseases.

333.5113 Medical treatment, testing, or examination as violative of personal religious beliefs; compliance with provisions regarding sanitation and reporting of diseases.
Sec. 5113.
(1) Except as otherwise provided in part 52 and section 9123, this article and articles 6 and 9 or the rules promulgated under those articles shall not be construed to require the medical treatment, testing, or examination of an individual who objects on the grounds that the medical treatment, testing, or examination violates the personal religious beliefs of the individual or of the parent, guardian, or person in loco parentis of a minor.
(2) This section does not exempt an individual from compliance with applicable laws, rules, or regulations regarding sanitation and the reporting of diseases as provided by this code.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5114 - HIV Infected Test Subject; Report; Form.

333.5114 HIV infected test subject; report; form.
Sec. 5114.
(1) Except as otherwise provided in this section, a person or governmental entity that obtains from a test subject a confirmatory diagnostic test result that indicates that the test subject is HIV infected or from a test subject who has already been diagnosed as HIV infected a clinical test result for medical monitoring ordered to evaluate immune system status, to quantify HIV levels, or to diagnose acquired immunodeficiency syndrome shall, within a time frame determined by the department, report to the appropriate local health department or, if requested by the local health department, to the department on a form provided by the department or through electronic methods approved by the department all of the following information, if available:
(a) The name and address of the person or governmental entity that submits the report.
(b) The name, address, and telephone number of the health care provider who diagnosed the test subject or who ordered the test.
(c) The name, date of birth, race, sex, address, and telephone number of the test subject.
(d) The date on which the specimen was collected for testing.
(e) The type of test performed.
(f) The test result.
(g) If known, whether or not the test subject has tested positive for the presence of HIV or an antibody to HIV on a previous occasion.
(h) The probable method of transmission.
(i) The purpose of the test.
(j) Any other medical or epidemiological information considered necessary by the department for the surveillance, control, and prevention of HIV infections, as described in rules promulgated by the department.
(2) An individual who undergoes a test for HIV or an antibody to HIV in a physician's private practice office or the office of a physician employed by or under contract to a health maintenance organization or who submits a specimen for either of those tests to that physician may request that the report made by the physician under this section not include the name, address, and telephone number of the test subject. Except as otherwise provided in section 5114a, if such a request is made under this subsection, the physician shall comply with the request and submit the specimen to the laboratory without the name, address, or telephone number of the test subject.
History:
Add. 1988, Act 489, Eff. Mar. 30, 1989 ;-- Am. 2004, Act 514, Eff. Apr. 1, 2005 ;-- Am. 2018, Act 539, 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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5115 - Communicable Diseases and Serious Communicable Diseases and Infections; Minimum Procedures and Standards for Control and Elimination.

333.5115 Communicable diseases and serious communicable diseases and infections; minimum procedures and standards for control and elimination.
Sec. 5115.
The department may establish minimum procedures and standards for health officers and other persons charged with administration and enforcement of the laws of this state relating to the discovery and care of an individual having or suspected of having a communicable disease or a serious communicable disease or infection. The procedures shall be reasonably related to the control and elimination of communicable diseases and serious communicable diseases and infections, and shall not conflict with the procedures for the control and elimination of communicable diseases and serious communicable diseases and infections set forth in this article.
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5117 - Individual With Serious Communicable Disease or Infection; Order Authorizing Care; Report; Authority Not Restricted; Financial Liability for Care.

333.5117 Individual with serious communicable disease or infection; order authorizing care; report; authority not restricted; financial liability for care.
Sec. 5117.
(1) A local health department that knows that an individual who has a serious communicable disease or infection, including, but not limited to, tuberculosis or sexually transmitted infection, but not including HIV infection and acquired immunodeficiency syndrome, regardless of the individual's domicile, is in the local health department's jurisdiction and requires care, immediately shall furnish the necessary care in accordance with requirements established by the department under section 5111(2)(g). The local health department shall issue an order authorizing the care.
(2) The local health department promptly shall report the action taken under this section to the county department of human services of the individual's probable place of domicile.
(3) This section does not restrict the authority of the local health department in furnishing care to the individual, pending determination by the local health department or, upon its request, by the county department of human services of the probable place of domicile of the individual.
(4) Financial liability for care rendered under this section shall be determined in accordance with part 53.
History:
Add. 1988, Act 491, Eff. Mar. 30, 1989 ;-- Am. 1994, Act 200, Imd. Eff. June 21, 1994 ;-- Am. 2010, Act 119, Imd. Eff. July 13, 2010 ;-- Am. 2016, Act 65, Eff. July 4, 2016
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5121 - Prohibited Conduct; Misdemeanor.

333.5121 Prohibited conduct; misdemeanor.
Sec. 5121.
A person who commits any of the following acts is guilty of a misdemeanor:
(a) A county clerk who issues a marriage license to an individual who fails to present a certificate required under section 5119(2).
(b) A person who knows that an applicant for a marriage license has taken a test for sexually transmitted infection or HIV infection, or both, and who discloses either the fact that the applicant has taken the test or the results of the test, or both, except as required by law, and except as provided under section 5131.
History:
Add. 1988, Act 491, Eff. Mar. 30, 1989 ;-- Am. 2016, Act 67, Eff. July 4, 2016
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5125 - Birth of Infant; Treatment of Eyes; Report.

333.5125 Birth of infant; treatment of eyes; report.
Sec. 5125.
A licensed health professional in charge of the care of a newborn infant, or if none, the licensed health professional in charge at the birth of an infant, shall treat the eyes of the infant with 1 or more of the prophylaxes approved by the department within 1 hour after the birth of the infant, or as soon after the birth of the infant as the health professional is present. If any redness, swelling, inflammation, or gathering of pus appears in the eyes of the infant or upon the lids or about the eyes of the infant within 2 weeks after the date of birth, a nurse, nurse-midwife, or other person having care of the infant shall report the condition to the physician in charge of the care of the infant, or if there is not a physician in charge of the care of the infant, to the local health department, within 6 hours after the discovery of the redness, swelling, inflammation, or gathering of pus.
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5127 - Minor Infected With Sexually Transmitted Infection or Hiv; Consent to Treatment; Informing Spouse, Parent, Guardian, or Person in Loco Parentis; Financial Responsibility.

333.5127 Minor infected with sexually transmitted infection or HIV; consent to treatment; informing spouse, parent, guardian, or person in loco parentis; financial responsibility.
Sec. 5127.
(1) Subject to section 5133, the consent to the provision of medical or surgical care, treatment, or services by a hospital, clinic, or physician that is executed by a minor who is or professes to be infected with a sexually transmitted infection or HIV is valid and binding as if the minor had achieved the age of majority. The consent is not subject to later disaffirmance by reason of minority. The consent of any other person, including a spouse, parent, or guardian, or person in loco parentis, is not necessary to authorize the services described in this subsection to be provided to a minor.
(2) For medical reasons a treating physician, and on the advice and direction of the treating physician, a physician, a member of the medical staff of a hospital or clinic, or other health professional, may inform the spouse, parent, guardian, or person in loco parentis as to the treatment given or needed. The information may be given to or withheld from these persons without consent of the minor and notwithstanding the express refusal of the minor to the providing of the information.
(3) A spouse, parent, guardian, or person in loco parentis of a minor is not financially responsible for surgical care, treatment, or services provided under this section.
History:
Add. 1988, Act 491, Eff. Mar. 30, 1989 ;-- Am. 2016, Act 69, Eff. July 4, 2016
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5139 - Report by Physician or Optometrist; Definitions.

333.5139 Report by physician or optometrist; definitions.
Sec. 5139.
(1) A physician or an optometrist has no affirmative obligation to but may voluntarily report to the secretary of state or warn third parties regarding a patient's mental and physical qualifications to operate a motor vehicle in a manner as not to jeopardize the safety of persons and property due to an episode. A physician or an optometrist who chooses not to make a report to the secretary of state or warn third parties as provided for under this subsection is immune from any criminal or civil liability to the patient or third party that may have been injured by the patient's actions.
(2) A physician or an optometrist may make a report under this section and submit that report to the secretary of state for the purpose of initiating or contributing to an examination of an applicant's physical and mental qualifications to operate a motor vehicle in a manner as not to jeopardize the safety of persons and property pursuant to section 309 of the Michigan vehicle code, 1949 PA 300, MCL 257.309. In making that report, the physician or optometrist shall recommend a period of suspension as determined appropriate by the physician or optometrist as follows:
(a) In the case of a patient holding an operator's license, that the suspension be for at least 6 months or longer.
(b) In the case of a patient holding a commercial license, that the suspension be for at least 12 months or longer.
(3) A physician or an optometrist making a report under subsection (2), acting in good faith and exercising due care as evidenced by documenting his or her file or medical record regarding an episode, is immune from any civil or criminal liability resulting from the report to the patient or a third party that may have been injured by the patient's actions.
(4) As used in this section:
(a) "Episode" means any of the following:
(i) An experience derived from a condition that causes or contributes to loss of consciousness, blackout, seizure, a fainting spell, syncope, or any other impairment of the level of consciousness.
(ii) An experience derived from a condition that causes an impairment of an individual's driving judgment.
(iii) An experience derived from an impairment of an individual's vision.
(b) "Optometrist" means that term as defined under part 174.
(c) "Physician" means that term as defined under part 170 or 175.
History:
Add. 2012, Act 354, Imd. Eff. Dec. 13, 2012
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5141 - Reflex Sympathetic Dystrophy/complex Regional Pain Syndrome (Rsd/crps); Work Group; Education Program; Materials and Brochures; Funds.

333.5141 Reflex sympathetic dystrophy/complex regional pain syndrome (RSD/CRPS); work group; education program; materials and brochures; funds.
Sec. 5141.
(1) Upon appropriation of the necessary funding to support the work group and the education program, the department shall establish a reflex sympathetic dystrophy/complex regional pain syndrome (RSD/CRPS) work group that is composed of both public and private sector members. The RSD/CRPS work group, in consultation with health care providers and health-related organizations, shall develop and coordinate an RSD/CRPS education program to promote public awareness of the causes of RSD/CRPS and the value of early detection, diagnosis, and treatment of this disease. The RSD/CRPS program shall include a public education and outreach campaign utilizing written materials and brochures to promote awareness of RSD/CRPS among consumers, health care providers, teachers, and human services providers and to enable individuals to make informed decisions about their health. The written materials and brochures shall include, but are not limited to, information regarding each of the following:
(a) Cause and nature of RSD/CRPS.
(b) Risk factors that contribute to the manifestation of RSD/CRPS.
(c) All available treatment options for RSD/CRPS including the risks and benefits of each of those options.
(d) Environmental safety and injury prevention.
(e) Rest and use of appropriate body mechanics.
(f) Any other information that is relevant to RSD/CRPS.
(2) The educational materials and brochures developed under subsection (1) shall be made available to the public through the department's website or health promotions clearinghouse hotline and, if sufficient funding is available, the educational materials and brochures shall be distributed to local health departments, hospitals, and health care providers for distribution to the public. The RSD/CRPS work group shall also facilitate as a part of the RSD/CRPS program educational workshops that are open to the public. The workshops shall include, at a minimum, at least 1 physician presenter who is licensed under article 15 and is knowledgeable about RSD/CRPS.
(3) The department may accept and utilize federal or state funds or other public or private grants, gifts, donations, or appropriations to carry out the purposes of this section, including, but not limited to, promoting research to accurately identify, diagnose, and treat this disease.
History:
Add. 2006, Act 678, Imd. Eff. Jan. 10, 2007
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) › 368-1978-5-51 - Part 51 General Provisions (333.5101...333.5145a) › Section 333.5145a - Weekly Posting of Nursing Home Data Related to Coronavirus; "Coronavirus" Defined.

333.5145a Weekly posting of nursing home data related to coronavirus; "coronavirus" defined.
Sec. 5145a.
(1) By November 15, 2020, and each week thereafter, the department, in consultation with the department of licensing and regulatory affairs, shall post data on the department's publicly accessible website that includes, but is not limited to, all of the following for each nursing home in this state or any information that the department determines is similar to the following:
(a) The new number of coronavirus positive cases among nursing home residents and staff for the reporting period.
(b) The new number of coronavirus deaths among nursing home residents and staff for the reporting period.
(c) The new number of nursing homes conducting new coronavirus tests for the reporting period.
(d) The new number of nursing home residents from another nursing home that were previously diagnosed with coronavirus and continue to require transmission-based precautions.
(e) The cumulative number of coronavirus positive cases among nursing home residents and staff, to date.
(f) The cumulative number of coronavirus deaths among nursing home residents and staff, to date.
(g) The cumulative number of nursing home residents from another nursing home who were previously diagnosed with coronavirus and continue to require transmission-based precautions.
(h) An inventory of current stock of medical supplies and personal protective equipment.
(i) The current version of any visitation policy issued by the department affecting nursing homes.
(2) By November 15, 2020, and weekly thereafter, the department shall also post on the department's publicly available website the historical data that the department has collected regarding coronavirus in nursing homes. The data described in this subsection must be posted in a manner that provides for longitudinal tracking and trending of, at a minimum, cases of coronavirus, deaths resulting from coronavirus, and testing for coronavirus in nursing homes.
(3) As used in this section, "coronavirus" means that term as defined in section 5145.
History:
Add. 2020, Act 244, Imd. Eff. Nov. 5, 2020
Popular Name:
Act 368