HOUSE BILL No. 5966 September 27, 2000, Introduced by Rep. Reeves 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 sections 17017 and 17517. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 17017. (1) BEGINNING UPON THE EXPIRATION OF 6 MONTHS 2 AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS 3 SECTION, A PHYSICIAN OR AN INDIVIDUAL TO WHOM THE PHYSICIAN HAS 4 DELEGATED AUTHORITY TO PERFORM A SELECTED ACT, TASK, OR FUNCTION 5 UNDER SECTION 16215 SHALL NOT ORDER DIAGNOSTIC TEST OR MEDICAL 6 TREATMENT OR PRESCRIBE MEDICATION FOR A MINOR WITHOUT FIRST 7 OBTAINING THE WRITTEN, INFORMED CONSENT OF THE MINOR'S PARENT, 8 GUARDIAN, OR PERSON IN LOCO PARENTIS, PURSUANT TO THIS SECTION. 9 (2) FOR PURPOSES OF SUBSECTION (1), WRITTEN, INFORMED 10 CONSENT CONSISTS OF A SIGNED WRITING EXECUTED BY THE MINOR'S 11 PARENT, GUARDIAN, OR PERSON IN LOCO PARENTIS THAT CONFIRMS THAT 06850'00 CPD 2 1 THE PHYSICIAN OR THE INDIVIDUAL ACTING UNDER THE DELEGATORY 2 AUTHORITY OF THE PHYSICIAN HAS EXPLAINED, AND THE MINOR'S PARENT, 3 GUARDIAN, OR PERSON IN LOCO PARENTIS UNDERSTANDS, AT A MINIMUM, 4 ALL OF THE FOLLOWING: 5 (A) THE NATURE AND PURPOSE OF THE PRESCRIBED MEDICATION, 6 DIAGNOSTIC TEST, OR MEDICAL TREATMENT. 7 (B) THE EFFECTIVENESS AND LIMITATIONS OF THE PRESCRIBED MED- 8 ICATION, DIAGNOSTIC TEST, OR MEDICAL TREATMENT. 9 (C) THE IMPLICATIONS OF TAKING THE PRESCRIBED MEDICATION, 10 DIAGNOSTIC TEST, OR MEDICAL TREATMENT, INCLUDING, BUT NOT LIMITED 11 TO, THE MEDICAL RISKS AND BENEFITS. 12 (D) FOR PRESCRIBED MEDICATIONS, THE DOSAGE FOR THE MINOR 13 PATIENT AND POSSIBLE SIDE EFFECTS. 14 (E) THE MEANING OF DIAGNOSTIC TEST RESULTS AND THE PROCEDURE 15 FOR PROVIDING NOTICE OF THE RESULTS TO THE PARENT, GUARDIAN, OR 16 PERSON IN LOCO PARENTIS. 17 (3) WITHIN 6 MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDA- 18 TORY ACT THAT ADDED THIS SECTION, THE DEPARTMENT OF COMMUNITY 19 HEALTH, IN CONSULTATION WITH THE MICHIGAN BOARD OF MEDICINE, THE 20 MICHIGAN BOARD OF OSTEOPATHIC MEDICINE AND SURGERY, AND APPROPRI- 21 ATE PROFESSIONAL ORGANIZATIONS, SHALL DEVELOP AND DISTRIBUTE A 22 MODEL INFORMED CONSENT FORM FOR PURPOSES OF THIS SECTION THAT 23 PRACTITIONERS MAY ADOPT. THE DEPARTMENT OF COMMUNITY HEALTH 24 SHALL INCLUDE IN THE MODEL FORM AT LEAST ALL OF THE INFORMATION 25 REQUIRED UNDER SUBSECTION (2). THE DEPARTMENT OF COMMUNITY 26 HEALTH SHALL DISTRIBUTE THE MODEL FORM TO PHYSICIANS AND OTHER 27 INDIVIDUALS SUBJECT TO THIS SECTION UPON REQUEST AND AT NO 06850'00 3 1 CHARGE. THE DEPARTMENT OF COMMUNITY HEALTH SHALL REVIEW THE 2 MODEL FORM AT LEAST ANNUALLY FOR 5 YEARS AFTER THE FIRST MODEL 3 FORM IS DISTRIBUTED, AND SHALL REVISE THE MODEL FORM IF NECESSARY 4 TO MAKE THE FORM REFLECT THE LATEST DEVELOPMENTS IN PRESCRIPTION 5 MEDICATIONS, DIAGNOSTIC TESTING, AND MEDICAL TREATMENT. 6 (4) IF A PARENT, GUARDIAN, OR PERSON IN LOCO PARENTIS OF A 7 MINOR SIGNS A COPY OF THE MODEL INFORMED CONSENT FORM DEVELOPED 8 AND DISTRIBUTED UNDER SUBSECTION (3), THE PHYSICIAN OR INDIVIDUAL 9 ACTING UNDER THE DELEGATORY AUTHORITY OF THE PHYSICIAN SHALL GIVE 10 THE PARENT, GUARDIAN, OR PERSON IN LOCO PARENTIS A COPY OF THE 11 SIGNED INFORMED CONSENT FORM AND SHALL INCLUDE THE ORIGINAL 12 SIGNED INFORMED CONSENT FORM IN THE MINOR'S MEDICAL RECORD. 13 (5) A PHYSICIAN'S DUTY TO INFORM A PATIENT UNDER THIS SEC- 14 TION DOES NOT REQUIRE DISCLOSURE OF INFORMATION BEYOND WHAT A 15 REASONABLY WELL-QUALIFIED PHYSICIAN LICENSED UNDER THIS ARTICLE 16 WOULD KNOW. 17 SEC. 17517. (1) BEGINNING UPON THE EXPIRATION OF 6 MONTHS 18 AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS 19 SECTION, A PHYSICIAN OR AN INDIVIDUAL TO WHOM THE PHYSICIAN HAS 20 DELEGATED AUTHORITY TO PERFORM A SELECTED ACT, TASK, OR FUNCTION 21 UNDER SECTION 16215 SHALL NOT ORDER DIAGNOSTIC TEST OR MEDICAL 22 TREATMENT OR PRESCRIBE MEDICATION FOR A MINOR WITHOUT FIRST 23 OBTAINING THE WRITTEN, INFORMED CONSENT OF THE MINOR'S PARENT, 24 GUARDIAN, OR PERSON IN LOCO PARENTIS, PURSUANT TO THIS SECTION. 25 (2) FOR PURPOSES OF SUBSECTION (1), WRITTEN, INFORMED CON- 26 SENT CONSISTS OF A SIGNED WRITING EXECUTED BY THE MINOR'S PARENT, 27 GUARDIAN, OR PERSON IN LOCO PARENTIS THAT CONFIRMS THAT THE 06850'00 4 1 PHYSICIAN OR THE INDIVIDUAL ACTING UNDER THE DELEGATORY AUTHORITY 2 OF THE PHYSICIAN HAS EXPLAINED, AND THE MINOR'S PARENT, GUARDIAN, 3 OR PERSON IN LOCO PARENTIS UNDERSTANDS, AT A MINIMUM, ALL OF THE 4 FOLLOWING: 5 (A) THE NATURE AND PURPOSE OF THE PRESCRIBED MEDICATION, 6 DIAGNOSTIC TEST, OR MEDICAL TREATMENT. 7 (B) THE EFFECTIVENESS AND LIMITATIONS OF THE PRESCRIBED MED- 8 ICATION, DIAGNOSTIC TEST, OR MEDICAL TREATMENT. 9 (C) THE IMPLICATIONS OF TAKING THE PRESCRIBED MEDICATION, 10 DIAGNOSTIC TEST, OR MEDICAL TREATMENT, INCLUDING, BUT NOT LIMITED 11 TO, THE MEDICAL RISKS AND BENEFITS. 12 (D) FOR PRESCRIBED MEDICATIONS, THE DOSAGE FOR THE MINOR 13 PATIENT AND POSSIBLE SIDE EFFECTS. 14 (E) THE MEANING OF DIAGNOSTIC TEST RESULTS AND THE PROCEDURE 15 FOR PROVIDING NOTICE OF THE RESULTS TO THE PARENT, GUARDIAN, OR 16 PERSON IN LOCO PARENTIS. 17 (3) WITHIN 6 MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDA- 18 TORY ACT THAT ADDED THIS SECTION, THE DEPARTMENT OF COMMUNITY 19 HEALTH, IN CONSULTATION WITH THE MICHIGAN BOARD OF MEDICINE, THE 20 MICHIGAN BOARD OF OSTEOPATHIC MEDICINE AND SURGERY, AND APPROPRI- 21 ATE PROFESSIONAL ORGANIZATIONS, SHALL DEVELOP AND DISTRIBUTE A 22 MODEL INFORMED CONSENT FORM FOR PURPOSES OF THIS SECTION THAT 23 PRACTITIONERS MAY ADOPT. THE DEPARTMENT OF COMMUNITY HEALTH 24 SHALL INCLUDE IN THE MODEL FORM AT LEAST ALL OF THE INFORMATION 25 REQUIRED UNDER SUBSECTION (2). THE DEPARTMENT OF COMMUNITY 26 HEALTH SHALL DISTRIBUTE THE MODEL FORM TO PHYSICIANS AND OTHER 27 INDIVIDUALS SUBJECT TO THIS SECTION UPON REQUEST AND AT NO 06850'00 5 1 CHARGE. THE DEPARTMENT OF COMMUNITY HEALTH SHALL REVIEW THE 2 MODEL FORM AT LEAST ANNUALLY FOR 5 YEARS AFTER THE FIRST MODEL 3 FORM IS DISTRIBUTED, AND SHALL REVISE THE MODEL FORM IF NECESSARY 4 TO MAKE THE FORM REFLECT THE LATEST DEVELOPMENTS IN PRESCRIPTION 5 MEDICATIONS, DIAGNOSTIC TESTING, AND MEDICAL TREATMENT. 6 (4) IF A PARENT, GUARDIAN, OR PERSON IN LOCO PARENTIS OF A 7 MINOR SIGNS A COPY OF THE MODEL INFORMED CONSENT FORM DEVELOPED 8 AND DISTRIBUTED UNDER SUBSECTION (3), THE PHYSICIAN OR INDIVIDUAL 9 ACTING UNDER THE DELEGATORY AUTHORITY OF THE PHYSICIAN SHALL GIVE 10 THE PARENT, GUARDIAN, OR PERSON IN LOCO PARENTIS A COPY OF THE 11 SIGNED INFORMED CONSENT FORM AND SHALL INCLUDE THE ORIGINAL 12 SIGNED INFORMED CONSENT FORM IN THE MINOR'S MEDICAL RECORD. 13 (5) A PHYSICIAN'S DUTY TO INFORM A PATIENT UNDER THIS SEC- 14 TION DOES NOT REQUIRE DISCLOSURE OF INFORMATION BEYOND WHAT A 15 REASONABLY WELL-QUALIFIED PHYSICIAN LICENSED UNDER THIS ARTICLE 16 WOULD KNOW. 06850'00 Final page. CPD