HOUSE BILL No. 4942

 

May 13, 2009, Introduced by Reps. Ball, Meadows, Johnson, Slavens, Simpson, Melton, Haugh, Corriveau, Young, Marleau, Liss, Mayes and Scripps and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 2515.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2515. (1) The secretary of state shall create, operate,

 

and maintain a statewide advance health care directive registry.

 

The secretary of state, in consultation with the commission, shall

 

establish the technology to implement the registry on or before

 

January 1, 2010.

 

     (2) The secretary of state shall ensure the privacy and

 

security of any document or information submitted to, transmitted

 

from, or stored in the registry. The secretary of state and any

 


person who accesses the registry shall comply with all other

 

provisions of this act or any other federal or state law

 

establishing privacy and security standards applicable to health or

 

other personally identifiable information. Information in the

 

registry shall not be accessed or used for any purpose unrelated to

 

decision-making for health care or disposition of remains, except

 

that the information may be used for statistical or analytical

 

purposes as long as the individual's identity is not revealed and

 

all personally identifiable information remains confidential.

 

     (3) The secretary of state shall maintain a record of an

 

individual who files an advance health care directive with the

 

secretary of state to be stored in the registry. The secretary of

 

state shall maintain the registry in a manner that provides

 

electronic access, including, but not limited to, the transfer of

 

advance health care directives to health care providers.

 

     (4) The secretary of state shall provide to an individual who

 

files an advance health care directive with the secretary of state

 

to be stored in the registry a sticker that can be placed on a

 

driver license or personal identification card indicating that the

 

holder has an advance health care directive in the registry.

 

     (5) The registry under this section shall meet all of the

 

following requirements:

 

     (a) Be accessible to health care providers to allow them to

 

obtain the name, address, and date of birth of an individual on the

 

registry to determine, upon serious illness of the individual,

 

whether the individual has an advance health care directive stored

 

in the registry.

 


     (b) Provide electronic access, including, but not limited to,

 

the transfer of stored advance health care directives, on a

 

continuous basis at no cost to health care providers.

 

     (6) The secretary of state, the department of community

 

health, and the department of human services shall each provide on

 

its public website information on advance health care directives

 

and the registry. The secretary of state, the department of

 

community health, and the department of human services shall

 

promote public awareness of the advantages of creating advance

 

health care directives and the availability of the registry.

 

     (7) The secretary of state may promulgate rules under the

 

administrative procedures act of 1969 to provide for the

 

implementation and administration of this section. The rules may

 

include any of the following:

 

     (a) The process for securely submitting, revoking, amending,

 

replacing, and accessing the information contained in the registry.

 

     (b) The process for incorporation into the registry of

 

notifications of amendment, suspension, or revocation of advance

 

health care directives.

 

     (8) As used in this section:

 

     (a) "Advance health care directive" means that term as defined

 

in section 10121.

 

     (b) "Health care provider" means any of the following:

 

     (i) A health professional licensed, registered, or otherwise

 

authorized to engage in a health profession under article 15.

 

     (ii) A health facility or agency licensed or certified under

 

article 17.

 


     (c) "Registry" means the statewide advance health care

 

directive registry created in this section.