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.