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) › 368-1978-5-56B - Part 56b Physician Orders for Scope of Treatment (333.5671...333.5685) › Section 333.5674 - Definitions; M to W.

333.5674 Definitions; M to W.
Sec. 5674.
(1) "Medical control authority" means that term as defined in section 20906.
(2) "Patient" means an adult with an advanced illness or means an adult with another medical condition that, despite available curative therapies or modulation, compromises his or her health so as to make death within 1 year foreseeable though not a specific or predicted prognosis.
(3) "Patient advocate" means an individual presently authorized to make medical treatment decisions on behalf of a patient under sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515.
(4) "Patient representative" means a patient advocate or a guardian.
(5) "Person" means that term as defined in section 1106 or a governmental entity.
(6) "Physician" means that term as defined in section 17001 or 17501.
(7) "Physician orders for scope of treatment form" or "POST form" means the standardized POST form described in section 5676. A POST form is not an advance health care directive.
(8) "Physician's assistant" means an individual licensed as a physician's assistant under part 170 or part 175.
(9) "Residential setting" means a setting outside of a hospital, including, but not limited to, an adult foster care facility.
(10) "Ward" means that term as defined in section 1108 of the estates and protected individuals code, 1998 PA 386, MCL 700.1108.
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 333.5675 - Advisory Committee; Appointment; Membership; Recommendations; Abolishment; "Committee" Defined.

333.5675 Advisory committee; appointment; membership; recommendations; abolishment; "committee" defined.
Sec. 5675.
(1) Not later than 90 days after the effective date of the amendatory act that added this part, the director shall appoint members of and convene an ad hoc advisory committee. The committee must consist of 11 members appointed as follows:
(a) Four members of the committee must include 1 individual representing each of the following:
(i) A health facility or an adult foster care facility, or an organization or professional association representing health facilities or adult foster care facilities.
(ii) A palliative care provider.
(iii) Emergency medical services personnel.
(iv) A medical control authority.
(b) Seven members of the committee may include, but are not limited to, individuals representing the following:
(i) A health professional.
(ii) A patient advocacy organization.
(2) Within 180 days after the committee is convened, the committee shall make recommendations to the department on all of the following:
(a) Subject to section 5676, the creation of a standardized POST form.
(b) Medical orders to be included on the POST form that relate to emergency and nonemergency situations.
(c) Subject to section 5676, the creation of an information form.
(d) The procedures for the use of a POST form within a residential setting.
(e) The circumstances under which a photocopy, facsimile, or digital image of a completed POST form is considered valid for purposes of a health professional, a health facility, an adult care facility, or emergency medical services personnel complying with the orders for medical treatment on the POST form.
(3) After the department receives the recommendations from the committee under subsection (2), the committee is abolished.
(4) As used in this section, "committee" means the ad hoc advisory committee appointed under subsection (1).
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 333.5678 - Revocation of Post Form.

333.5678 Revocation of POST form.
Sec. 5678.
(1) The following individuals may revoke a POST form under the following circumstances:
(a) A patient may revoke the POST form at any time and in any manner that the patient is able to communicate his or her intent to revoke the POST form. If the patient's revocation is not in writing, an individual who witnesses the patient's expressed intent to revoke the POST form shall describe in writing the circumstances of the revocation, sign the writing, and provide the writing to the individuals described in subsection (2), as applicable.
(b) The patient representative may revoke the POST form at any time the patient representative considers revoking the POST form to be consistent with the patient's wishes or, if the patient's wishes are unknown, in the patient's best interest.
(c) If a change in the patient's medical condition makes the medical orders on the POST form contrary to generally accepted health care standards, the attending health professional may revoke the POST form. If an attending health professional revokes a POST form under this subdivision, he or she shall take reasonable actions to notify the patient or the patient representative of the revocation and the change in the patient's medical condition that warranted the revocation of the POST form.
(2) Upon revocation of the POST form, the patient, patient representative, or attending health professional shall write "revoked" over the signature of the patient or patient representative, as applicable, and over the signature of the attending health professional, on the POST form that is contained in the patient's permanent medical record and on the original POST form if the original POST form is available. If a patient or patient representative revokes the POST form, the patient or patient representative shall take reasonable actions to notify 1 or more of the following of the revocation:
(a) The attending health professional.
(b) A health professional who is treating the patient.
(c) The health facility that is directly responsible for the medical treatment or care and custody of the patient.
(d) The patient.
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 333.5679 - Post Form; Use as Communication Tool; Treatment by Emergency Medical Services Personnel; Exceptions; Noncompliance by Health Professional or Health Facility.

333.5679 POST form; use as communication tool; treatment by emergency medical services personnel; exceptions; noncompliance by health professional or health facility.
Sec. 5679.
(1) In an acute care setting, a health professional who is treating the patient may use a completed POST form as a communication tool.
(2) Emergency medical services personnel shall provide or withhold treatment to a patient according to the orders on a POST form unless any of the following apply:
(a) The emergency medical services being provided by the emergency medical services personnel are necessitated by an injury or medical condition that is unrelated to the diagnosis or medical condition that is indicated on the patient's POST form.
(b) The orders on the POST form request medical treatment that is contrary to generally accepted health care standards or emergency medical protocols.
(c) The POST form contains a medical order regarding the initiation of resuscitation if the patient suffers cessation of both spontaneous respiration and circulation, and the emergency medical services personnel has actual notice of a do-not-resuscitate order that was executed under the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1051 to 333.1067, after the POST form was validly executed. As used in this subdivision, "actual notice" means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1052.
(d) The POST form has been revoked in the manner provided in this part and the emergency medical services personnel has actual notice of the revocation.
(3) If a health professional or health facility is unwilling to comply with the medical orders on a validly executed POST form because of a policy, religious belief, or moral conviction, the health professional or health facility shall take all reasonable steps to refer or transfer the patient to another health professional or health facility. If an adult foster care facility is unwilling to comply with the medical orders on a validly executed POST form for the reasons described in this subsection, the adult foster care facility shall take all reasonable steps to refer or transfer the patient to another adult foster care facility as provided in section 26c of the adult foster care facility licensing act, 1979 PA 218, MCL 400.726c.
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 333.5680 - Treatment or Services Not Subject to Criminal Prosecution, Civil Liability, or Professional Disciplinary Action.

333.5680 Treatment or services not subject to criminal prosecution, civil liability, or professional disciplinary action.
Sec. 5680.
A person is not subject to criminal prosecution, civil liability, or professional disciplinary action for any of the following:
(a) Providing medical treatment that is contrary to the medical orders indicated on a POST form if the person did not have actual notice of the POST form.
(b) Providing medical treatment that is consistent with the medical orders indicated on a POST form if the person did not have actual notice that the POST form was revoked.
(c) Providing emergency medical services consistent with generally accepted health care standards or emergency medical protocols as provided in section 5679, regardless of the medical orders indicated on the POST form.
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 333.5681 - Valid Execution of Post Form; Presumption.

333.5681 Valid execution of POST form; presumption.
Sec. 5681.
(1) If a POST form is validly executed after a patient advocate designation that contains written directives regarding medical treatment, or another advance health care directive that contains written directives regarding medical treatment, the medical orders indicated on the POST form are presumed to express the patient's current wishes.
(2) If a POST form is validly executed after a do-not-resuscitate order is executed under the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1051 to 333.1067, the medical orders indicated on the POST form are presumed to express the patient's current wishes.
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 333.5682 - Belief That Execution of Post Form Contrary to Wishes or Best Interests; Petition; Review; Injunction.

333.5682 Belief that execution of POST form contrary to wishes or best interests; petition; review; injunction.
Sec. 5682.
If an individual has reason to believe that a POST form has been executed contrary to the wishes of the patient or, if the patient is a ward, contrary to the wishes or best interests of the ward, the individual may petition the probate court to have the POST form and the conditions of its execution reviewed. If the probate court finds that the POST form has been executed contrary to the wishes of the patient or, if the patient is a ward, contrary to the wishes or best interests of the ward, the probate court shall issue an injunction voiding the effectiveness of the POST form and prohibiting compliance with the POST form.
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 333.5683 - Life or Health Insurer; Prohibited Conduct.

333.5683 Life or health insurer; prohibited conduct.
Sec. 5683.
(1) A life insurer shall not do any of the following because of the execution or implementation of a POST form:
(a) Refuse to provide or continue coverage to the patient.
(b) Charge the patient a higher premium.
(c) Offer a patient different policy terms because the patient has executed a POST form.
(d) Consider the terms of an existing policy of life insurance to have been breached or modified.
(e) Invoke a suicide or intentional death exemption or exclusion in a policy covering the patient.
(2) A health insurer shall not do any of the following:
(a) Require the execution of a POST form to maintain or be eligible for coverage.
(b) Charge a different premium based on whether a patient or patient representative has executed a POST form.
(c) Consider the terms of an existing policy to have been breached or modified if the patient or patient representative has executed a POST form.
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 333.5684 - Provisions as Cumulative; Legal Right Not Impaired or Superseded; Presumption.

333.5684 Provisions as cumulative; legal right not impaired or superseded; presumption.
Sec. 5684.
(1) The provisions of this part are cumulative and do not impair or supersede a legal right that a patient or patient representative may have to consent to or refuse medical treatment for himself or herself or on behalf of another.
(2) This part does not create a presumption that a patient who has executed a POST form intends to consent to or refuse medical treatment that is not addressed in the medical orders on the POST form.
(3) This part does not create a presumption that a patient or patient representative who has not executed a POST form intends to consent to or refuse any type of medical treatment.
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 333.5685 - Advisory Committee to Be Appointed 3 Years After Effective Date of Amendatory Act; Meeting; Recommendations; Report; Abolishment; "Committee" Defined.

333.5685 Advisory committee to be appointed 3 years after effective date of amendatory act; meeting; recommendations; report; abolishment; "committee" defined.
Sec. 5685.
(1) By 3 years after the effective date of the amendatory act that added this part, the director shall appoint an ad hoc advisory committee consisting of 11 members in the same manner as the ad hoc advisory committee is required to be appointed under section 5675.
(2) The director shall call the first meeting of the committee.
(3) Within 90 days after the first meeting of the committee is convened, the committee shall submit a report to the department that contains recommendations on all of the following:
(a) Any changes to the rules promulgated under section 5676 that the committee considers necessary or appropriate.
(b) Any changes to the POST form or the information form that the committee considers necessary or appropriate.
(c) Any legislative changes to this part that the committee considers necessary or appropriate.
(4) After the department receives the recommendations from the committee under subsection (3), the committee is abolished.
(5) As used in this section, "committee" means the ad hoc advisory committee appointed under subsection (1).
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5701 - Definitions.

333.5701 Definitions.
Sec. 5701.
(1) As used in this part:
(a) "Agent orange" means the chemical herbicide made from chemicals known as 2,4-Dichlorophenoxyacetic acid and its esters, or 2,4-D, and Trichlorophenoxyacetic acid and its esters, or 2,4,5-T.
(b) "Chemical agent" means a chemical herbicide or defoliant other than agent orange, or a chemical weapon, which chemical herbicide, defoliant, or weapon is of the type used by the armed forces of the United States.
(c) "Commission" means the agent orange commission created in section 5731.
(d) "Department" means the department of health and human services in cooperation with the veterans' service offices.
(e) "Dioxin" means the chemicals known as 2,3,7,8-Tetrachlorodibenzo-p-dioxin, or 2,3,7,8-TCDD.
(f) "Hospital" means a hospital licensed pursuant to article 17.
(g) "Information resource center" means the agent orange information resource center created in section 5745.
(h) "Physician" means a physician licensed pursuant to article 15.
(i) "Veteran" means that term as defined in section 1 of 1965 PA 190, MCL 35.61.
(j) "Vietnam-era veteran" means a veteran who served in the armed forces of the United States between 12:01 a.m., January 1, 1961, and 12:01 a.m., September 1, 1973, and who meets either of the following criteria:
(i) Has been a resident of this state continuously since June 11, 1987.
(ii) Is a resident of this state at the time he or she begins participating in testing or other activities under this part, and was a resident of this state at the time of induction into the armed forces of the United States.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987 ;-- Am. 2016, Act 206, Eff. Sept. 20, 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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5703 - Toxicological Studies; Consent; Report; Information on Physical Health.

333.5703 Toxicological studies; consent; report; information on physical health.
Sec. 5703.
(1) The department, in consultation and cooperation with the commission, shall conduct toxicological studies on a selected sample of Vietnam-era veterans to establish their exposure to agent orange or a chemical agent. In conducting the studies, the department shall analyze appropriate specimens for dioxin in combination with a review of Vietnam-era veterans' military service locations. The department shall obtain prior written consent from each Vietnam-era veteran to be studied under this section. The department shall compile and evaluate information obtained from these studies into a report, and shall submit the report to the commission for review and publication.
(2) The department shall gather information on the physical health of study participants and their families to the extent the department considers necessary.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5709 - Studying Causes of Death.

333.5709 Studying causes of death.
Sec. 5709.
The department, in consultation and cooperation with the commission, shall study the causes of death among Vietnam-era veterans, utilizing the department's vital statistics records and the agent orange registry data base maintained by the information resource center under section 5745. The information obtained under this section shall serve as a foundation for additional epidemiological studies on the relative incidence of disease among Vietnam-era veterans.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5711 - Epidemiological Studies; Consent.

333.5711 Epidemiological studies; consent.
Sec. 5711.
The department, in consultation and cooperation with the commission, shall conduct epidemiological studies on a selected sample of Vietnam-era veterans who have a history of cancer or other medical problems associated with exposure to agent orange or a chemical agent, or who have children born with birth defects after the Vietnam-era veteran's suspected exposure to agent orange or a chemical agent. Levels of dioxin in the blood serum of Vietnam-era veterans shall be established by analysis of appropriate specimens for dioxin. The department shall obtain prior written consent from each Vietnam-era veteran to be studied under this section.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5713 - Annual Report; Recommendations.

333.5713 Annual report; recommendations.
Sec. 5713.
The department shall compile and analyze the information obtained under sections 5709 and 5711, and shall produce an annual report which shall be distributed through the information resource center to veterans' organizations, the federal centers for disease control, the chairpersons of the committees of the senate and house of representatives responsible for legislation concerning veterans, and other appropriate governmental offices. The department shall make any recommendations for additional actions to the commission.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5715 - Report or Other Information as Public Information; Availability; Confidentiality of Medical Information.

333.5715 Report or other information as public information; availability; confidentiality of medical information.
Sec. 5715.
(1) A departmental report under section 5703 or 5713, or other compilation of information collected under this part, unless it discloses the identity of an individual who does not consent to the disclosure, is public information, and shall be made available in accordance with the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
(2) Medical information about an individual that is gathered under this part is confidential and shall be subject to the same requirements of confidentiality as provided in section 2631 for data or records concerning medical research projects.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5717 - Birth Defects Registry; Establishment; Purposes.

333.5717 Birth defects registry; establishment; purposes.
Sec. 5717.
The department shall establish a birth defects registry for all of the following purposes:
(a) To provide information on the incidence and trends of birth defects among Vietnam-era veterans and their families, and among the general population.
(b) To provide information to determine whether environmental hazards such as exposure to agent orange or chemical agents are associated with birth defects and to provide information as to other possible causes of birth defects among Vietnam-era veterans and among the general population.
(c) To develop prevention strategies for reducing the incidence of birth defects among Vietnam-era veterans and their families, and among the general population.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5721 - Birth Defects; Reports; Records; Confidentiality; Rules; Submission to Medical Examination or Supervision Not Required; Contract for Collection and Analysis of Data; Evaluation of Information Reported to Birth Defects Registry; Public Reports.

333.5721 Birth defects; reports; records; confidentiality; rules; submission to medical examination or supervision not required; contract for collection and analysis of data; evaluation of information reported to birth defects registry; public reports.
Sec. 5721.
(1) Each diagnosed incidence of a birth defect, including a congenital or structural malformation, or a biochemical or genetic disease, and any information relevant to incidents of birth defects, shall be reported to the department. The reporting shall begin not later than the next calendar year after June 11, 1987.
(2) The department shall maintain comprehensive statewide records of all information reported to the birth defects registry. The information reported shall be subject to the same requirements of confidentiality as provided in section 2631 for data or records concerning medical research projects.
(3) The director shall promulgate rules which provide for all of the following:
(a) A list of birth defects, including, but not limited to, congenital and structural malformations, and biochemical or genetic diseases, and other relevant information to be reported.
(b) The quality and manner in which the incidents of birth defects and other information is to be reported.
(c) The terms and conditions under which records maintained under this section, including any records containing the name and medical condition of a specific individual, may be released by the department.
(4) This section does not compel an individual to submit to medical examination or supervision by the department or otherwise.
(5) The department may contract for the collection and analysis of, and research related to, the data required under this section.
(6) Within 2 years after June 11, 1987, the department shall begin evaluating the information reported to the birth defects registry. The department shall publish and make available to the public reports summarizing the information collected. The first summary report shall be published not later than 180 days after the end of the first 2 full calendar years after June 11, 1987. Subsequent annual summary reports shall be made on a full calendar year basis and published not later than 180 days after the end of each calendar year.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987 ;-- Am. 1988, Act 236, Eff. Oct. 1, 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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5723 - Referral Services.

333.5723 Referral services.
Sec. 5723.
The department, in collaboration with veterans' counseling sources, shall provide referral services for those Vietnam-era veterans and their dependents who desire counseling or referral.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5725 - Class Action; Purpose.

333.5725 Class action; purpose.
Sec. 5725.
The attorney general, on behalf of Vietnam-era veterans residing in this state who may have been injured because of contact with agent orange or a chemical agent while serving in the armed forces of the United States, may bring a class action against the federal government or any other party for the release of information relating to exposure to agent orange or a chemical agent and for release of individual Vietnam-era veterans' medical records.
History:
Add. 1987, Act 48, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5731 - Agent Orange Commission; Creation; Appointment, Qualifications, and Terms of Members; Vacancy.

333.5731 Agent orange commission; creation; appointment, qualifications, and terms of members; vacancy.
Sec. 5731.
(1) The agent orange commission is created in the department.
(2) The commission is composed of 14 members, including all of the following:
(a) One member is the director, or his or her designee.
(b) One member is the attorney general, or his or her designee.
(c) The remaining members shall be appointed by the governor, with the advice and consent of the senate, as follows:
(i) One member shall be a representative of the Michigan veterans trust fund.
(ii) Four members shall be researchers who are experts in the fields of cytogenetic evaluations, birth defects, immunological studies, neurological studies, toxicology, oncology, or other fields relevant to the purposes of this part whose knowledge may contribute to the implementation of this part.
(iii) Five members shall be Vietnam-era veterans, at least 1 of whom shall be a female Vietnam-era veteran.
(iv) Two members shall represent the general public, 1 of whom shall be appointed from a list of nominees provided by the speaker of the house of representatives, and 1 of whom shall be appointed from a list of nominees provided by the majority leader of the senate.
(3) Members shall each serve for terms of 2 years, and those members who are appointed may be reappointed once. A vacancy shall be filled in the same manner as the original appointment for the duration of the unexpired term.
History:
Add. 1987, Act 49, Imd. Eff. June 11, 1987
Compiler's Notes:
For transfer of certain powers and duties of the agent orange commission 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.For transfer of powers and duties of the agent orange commission to the director of the department of community health and the abolishment of the commission, see E.R.O. No. 1997-4, compiled at MCL 333.26324 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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5735 - Agent Orange Commission; Duties.

333.5735 Agent orange commission; duties.
Sec. 5735.
The commission shall do all of the following:
(a) Review the toxicological and epidemiological literature on herbicide compounds, and their by-product contaminants, of the type utilized by the armed forces during the period prescribed in section 5701(1)(j).
(b) Review and publicize the department's public information program directed at Vietnam-era veterans who have been exposed to agent orange, a chemical agent, or other herbicide mixtures containing dioxin.
(c) Review the department's programmatic and research activities and provide recommendations to the department, the chairpersons of the committees of the Senate and House of Representatives responsible for legislation concerning veterans, and other appropriate governmental offices, as to the department's ongoing investigations of the adverse effects on human health of agent orange, chemical agents, and other herbicide mixtures containing dioxin.
(d) Advise and assist the department in the implementation of this part.
History:
Add. 1987, Act 49, Imd. Eff. June 11, 1987
Compiler's Notes:
For transfer of certain powers and duties of the agent orange commission 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.For transfer of powers and duties of the agent orange commission to the director of the department of community health and the abolishment of the commission, see E.R.O. No. 1997-4, compiled at MCL 333.26324 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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5737 - Agent Orange Commission; Election of Chairperson; Meetings; Travel Expenses; Conducting Business at Public Meeting; Notice; Writings Available to Public.

333.5737 Agent orange commission; election of chairperson; meetings; travel expenses; conducting business at public meeting; notice; writings available to public.
Sec. 5737.
(1) The members annually shall elect a chairperson. The commission shall meet at least 4 times each year at the call of the chairperson. The first meeting of the commission shall be held not later than 3 months after the effective date of this part.
(2) Commission members shall serve without compensation, but shall be reimbursed for their necessary travel expenses for attendance at commission meetings.
(3) The business that the commission performs shall be conducted at a public meeting of the commission held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
(4) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
Add. 1987, Act 49, Imd. Eff. June 11, 1987
Compiler's Notes:
For transfer of certain powers and duties of the agent orange commission 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.For transfer of powers and duties of the agent orange commission to the director of the department of community health and the abolishment of the commission, see E.R.O. No. 1997-4, compiled MCL 333.26324 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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5745 - Agent Orange Information Resource Center; Creation; Membership; Duties.

333.5745 Agent orange information resource center; creation; membership; duties.
Sec. 5745.
(1) There is created an agent orange information resource center within the department.
(2) The information resource center shall have members with expertise in human medicine, toxicology, epidemiology and data management and analysis.
(3) The information resource center, with appropriate extramural consultation, shall develop the survey questionnaires, data base management system, and the medical analysis system for the registry required under subsection (5).
(4) The information resource center annually shall request local veterans' organizations and health agencies to evaluate the operation of the information resource center program from their perspective.
(5) The information resource center shall perform searches of technical documents and published scientific literature. A registry of all known ongoing agent orange related research shall be maintained. These information resources shall be utilized in the annual analysis of data on Vietnam-era veterans and in providing the annual reports required under section 5713.
(6) The information resource center shall solicit state and local media organizations to inform Vietnam-era veterans of their rights under this part, and to encourage Vietnam-era veterans to submit health information, and other relevant information, to the department, commission, and information resource center as required under this part.
(7) The information resource center shall provide local health and veteran's facilities with a comprehensive and annually updated list of tertiary medical care facilities as defined in section 22108, specializing in areas appropriate for the clinical laboratory evaluation of veterans to determine if a Vietnam-era veteran has suffered physical damage as a result of substantial exposure to agent orange or a chemical agent.
(8) The department, through the information resource center or otherwise, shall refer Vietnam-era veterans to appropriate state and federal agencies for the purpose of filing claims to seek remedies for medical and financial problems caused by the Vietnam-era veterans' exposure to agent orange or chemical agents.
History:
Add. 1987, Act 49, Imd. Eff. June 11, 1987
Compiler's Notes:
For transfer of certain powers and duties of the agent orange commission 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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5747 - Rules.

333.5747 Rules.
Sec. 5747.
The department shall promulgate rules to implement this part.
History:
Add. 1987, Act 49, Imd. Eff. June 11, 1987
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) › 368-1978-5-57 - Part 57 Exposure to Chemical Herbicides (333.5701...333.5749) › Section 333.5749 - Phasing in Studies and Birth Defects Registry.

333.5749 Phasing in studies and birth defects registry.
Sec. 5749.
The studies and the birth defects registry called for under this part shall be phased in according to an orderly schedule established by the department, with the advice of the commission.
History:
Add. 1987, Act 49, Imd. Eff. June 11, 1987
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) › 368-1978-5-58 - Part 58 Children and Youth With Special Health Care Needs (333.5801...333.5879) › Section 333.5801 - "Child or Youth With Special Health Care Needs" or "Child" Defined; General Definitions and Principles of Construction.

333.5801 "Child or youth with special health care needs" or "child" defined; general definitions and principles of construction.
Sec. 5801.
(1) As used in this part, "child or youth with special health care needs" or "child" means a single or married individual under 26 years of age whose activity is or may become so restricted by disease or specified medical condition as to reduce the individual's normal capacity for education and self-support.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 51 contains definitions applicable to this part.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2015, Act 91, Imd. Eff. June 25, 2015 ;-- Am. 2023, Act 138, Imd. Eff. Sept. 29, 2023
Compiler's Notes:
For transfer of certain powers and duties of the bureau of child and family services, with the exception of the women, infants, and children division, 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) › 368-1978-5-58 - Part 58 Children and Youth With Special Health Care Needs (333.5801...333.5879) › Section 333.5805 - Service to Be Developed, Extended, and Improved; Purposes; Referral of Child to Appropriate Services; Purposes of Program.

333.5805 Service to be developed, extended, and improved; purposes; referral of child to appropriate services; purposes of program.
Sec. 5805.
(1) The department shall develop, extend, and improve services for the following purposes:
(a) To locate a child or youth with special health care needs reported to the department pursuant to section 5721.
(b) To provide medical, surgical, corrective, nutritional, and other services and care, including aftercare if necessary, and to provide facilities for diagnosing and hospitalizing a child or youth with special health care needs.
(c) To the extent possible, to prevent diseases and specified medical conditions that reduce an individual's normal capacity for education and self-support.
(2) The department shall refer a child reported to the department under section 5721 who is in need of services to the appropriate services inside or outside of the department.
(3) The department shall carry out the program established under section 5815 for the purposes of providing medical care and treatment to improve or maintain health and enhance the quality of life for children and youth with special health care needs.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 236, Eff. Oct. 1, 1988 ;-- Am. 2015, Act 91, Imd. Eff. June 25, 2015
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) › 368-1978-5-58 - Part 58 Children and Youth With Special Health Care Needs (333.5801...333.5879) › Section 333.5811 - Repealed. 2015, Act 91, Imd. Eff. June 25, 2015.

333.5811 Repealed. 2015, Act 91, Imd. Eff. June 25, 2015.
Compiler's Notes:
The repealed section pertained to crippled children's advisory committee.
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) › 368-1978-5-58 - Part 58 Children and Youth With Special Health Care Needs (333.5801...333.5879) › Section 333.5815 - Program of Services; Establishment and Administration; Rules.

333.5815 Program of services; establishment and administration; rules.
Sec. 5815.
The department shall establish and administer a program of services for children and youth with special health care needs and children who are suffering from conditions which lead to special health care needs because of disease or specified medical condition. In implementing this part, the department shall promulgate rules that do all of the following:
(a) Provide for the monitoring of the availability and quality of facilities, treatment centers, medical and surgical specialists, and other providers for children or youth with special health care needs.
(b) Implement section 5841.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2015, Act 91, Imd. Eff. June 25, 2015
Popular Name:
Act 368
Admin Rule:
R 722.601 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-58 - Part 58 Children and Youth With Special Health Care Needs (333.5801...333.5879) › Section 333.5817 - Duties of Department.

333.5817 Duties of department.
Sec. 5817.
The department shall do all of the following:
(a) Formulate and administer detailed policies to implement the program services stated in section 5805. The department shall include all of the following in the policies under this subdivision:
(i) Financial participation by this state.
(ii) Administration necessary for efficient operation of the policies.
(iii) Maintenance of records and preparation of reports of services rendered.
(iv) Cooperation with health and human services organizations and with any agency of this state charged with the administration of laws providing for vocational rehabilitation and special education of children and youth with special health care needs.
(b) Expend in accordance with the policies and money made available to this state by the federal government for those purposes.
(c) Develop systems of care that are community based, comprehensive, culturally competent, coordinated, and family centered.
(d) Cooperate with the federal government, under title V of the social security act, 42 USC 701 to 713, through its appropriate agency or instrumentality, in developing, extending, and improving services, provided by this part and in the administration of the policies.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1998, Act 88, Imd. Eff. May 13, 1998 ;-- Am. 2015, Act 91, Imd. Eff. June 25, 2015
Popular Name:
Act 368