Act No. 208

Public Acts of 1999

Approved by the Governor

December 20, 1999

Filed with the Secretary of State

December 21, 1999

EFFECTIVE DATE: December 21, 1999

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 1999

Introduced by Reps. O'Neil, Mead, Lockwood, Bisbee, Van Woerkom, Frank, Rivet, Pestka, Pappageorge, Bovin, Geiger, Mans, Wojno, Sheltrown, Neumann, Basham, Bob Brown, Sanborn, Kelly, Rick Johnson, Allen, Stamas, Bradstreet, Patterson, Cameron Brown, Faunce, Tabor, Vear, Spade, Jellema, DeRossett, Callahan, Voorhees, Kukuk, DeWeese, Richardville, Hager and Lemmons

Reps. Birkholz, Bishop, Byl, Cassis, DeVuyst, Ehardt, Gilbert, Gosselin, Green, Hart, Howell, Jansen, Jelinek, Julian, Koetje, Kowall, Kuipers, LaSata, Law, Middaugh, Mortimer, Pumford, Raczkowski, Rocca, Shackleton, Shulman, Vander Roest and Woronchak named co-sponsors

ENROLLED HOUSE BILL No. 4601

AN ACT to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," (MCL 333.1101 to 333.25211) by adding section 2837.

The People of the State of Michigan enact:

Sec. 2837. (1) A physician shall file a written report with the department regarding each patient who comes under the physician's professional care and who suffers a physical complication or death that is a primary, secondary, or tertiary result of an abortion.

(2) The department shall summarize aggregate data from the reports required under subsection (1) for purposes of inclusion into the annual statistical report on abortion required under section 2835.

(3) The department shall destroy each individual report required by this section and each copy of the report after retaining the report for 5 years after the date the report is received.

(4) The department shall develop and distribute a standardized form for the report required under subsection (1). The department shall not include on the standardized reporting form the name or address of the patient who is the subject of the report or any other information that could reasonably be expected to identify the patient who is the subject of the report. The department shall include on the standardized form a statement specifying the time period within which a report must be transmitted under section 2835(2).

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4600 of the 90th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.