House Bill 5966

Complete to 10-24-00

A SUMMARY OF HOUSE BILL 5966 AS INTRODUCED 9-27-00

The bill would amend the Public Health Code to require a licensed physician, beginning six months after the bill's effective date, to obtain the written, informed consent of a minor's parent or legal guardian before ordering a diagnostic test, medical treatment, or prescribing medication. The bill's provisions would also apply to an individual, as allowed under provisions in the code, to whom the physician had delegated authority to perform selected tasks and functions. Within six months of the bill's effective date, the Department of Community Health, in consultation with the state medical boards and appropriate professional organizations, would have to develop and distribute, at no charge, a model informed consent form that physicians could adopt. The bill would prescribe the information that would have to be included on the model form, such as the nature and purpose of the prescribed medication, diagnostic test, or medical treatment as well as possible side effects, risks, and limitations. The department would have to review the model form annually for five years after the first model form had been distributed and would have to revise the model form as necessary to stay current with developments in prescription medications, diagnostic testing, and medical treatment. The parent or legal guardian of a minor would have to receive a copy of the signed informed consent form, and the original would have to be placed in the minor's medical record. A physician's duty to inform the patient under the bill's provisions would not require disclosure of information beyond what a reasonably well-qualified physician licensed under the code would know.

MCL 333.17017 and 333.17517

Analyst: S. Stutzky

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.