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SENATE BILL No. 367

May 9, 2017, Introduced by Senators MARLEAU, CONYERS, PROOS, JONES, COLBECK, O'BRIEN, SCHMIDT, ZORN, BOOHER, HORN, SCHUITMAKER, MACGREGOR, KOWALL, PAVLOV and HANSEN 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 17019, 17519, 20187,

and 21418.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 17019. (1) At the time a physician informs a patient of

the results of a prenatal test that has detected a life-limiting

condition, the physician or a qualified person assisting the

physician shall do all of the following:

(a) Make available to the patient referral information for

perinatal hospice care offered by a perinatal hospice program

certified by the department under section 21418.

(b) In a case where a life-limiting condition will cause, or

has a reasonable probability of causing, a stillbirth, inform the

patient that this state, under section 2834, recognizes the death

of a fetus that has completed at least 20 weeks of gestation or

weighs at least 400 grams with a certificate of stillbirth.

(2) At the time a physician informs a patient of the results

of a prenatal test that has detected a prenatally diagnosed

condition, the physician or a qualified person assisting the

physician shall provide the patient with the form described in

section 21418(4) and inform the patient that the website address

identified on the form contains the following information:

(a) Up-to-date and scientifically accurate information on

health outcomes, including clinical course, life expectancy, and

development potential for individuals with the prenatally diagnosed

condition.

(b) Information on early intervention services for the

functional development and education of a child born with a

prenatally diagnosed condition, including, but not limited to,

referral information for "Early On Michigan".

but not limited to, support groups for parents of children with the

prenatally diagnosed condition and advocacy organizations for

individuals with the prenatally diagnosed condition.

(d) Referral information for adoption including adoption

agencies that place children with prenatally diagnosed conditions

and organizations that maintain registries of families who wish to

adopt children with prenatally diagnosed conditions.

(3) As used in this section:

(a) "Life-limiting condition" means a medical condition

identified by prenatal diagnostic testing that will, with

reasonable certainty, result in the death of the child either

before birth or within 1 year after birth.

(b) "Perinatal hospice care" means that term as defined in

section 21418.

identified by prenatal diagnostic testing that will either

temporarily or permanently require medical treatment or other

support services after birth but will not, with reasonable

certainty, result in the death of the child within 1 year after

birth.

(d) "Qualified person assisting the physician" means that term

as defined in section 17015.

Sec. 17519. A physician shall comply with section 17019.

Sec. 20187. A health facility or agency that provides

obstetric care and that provides social work or chaplaincy services

in conjunction with its health services shall provide its social

workers and chaplains, as appropriate, with information about

perinatal hospice programs certified by the department under

section 21418.

Sec. 21418. (1) The department shall do all of the following:

(a) Establish criteria for certifying as a perinatal hospice

program a hospice that provides perinatal hospice care. In

establishing criteria for the certification of a perinatal hospice

program, the department may reference existing criteria established

by recognized medical authorities or associations that specialize

in hospice care.

(b) Accept and review applications for certification from a

hospice seeking certification as a perinatal hospice program. If

the department rejects an application for certification of a

perinatal hospice program, the department shall provide a written

explanation as to the reason the application for certification was

rejected.

list of hospices in this state that have been certified by the

department for providing perinatal hospice care.

(2) The department may create, operate, and maintain a

prenatal diagnosis clearinghouse that contains information

regarding prenatally diagnosed conditions. The clearinghouse shall

be created, operated, and maintained as provided in this section.

(3) The department may, by contract, delegate the creation,

operation, and maintenance of the clearinghouse to an organization

or institution of higher learning. A contracted delegate shall do

all of the following:

(a) Create, and update as needed, a list of medical conditions

that meet all of the following:

(i) Can affect a developing unborn child.

(ii) Can be detected by prenatal diagnostic tests.

(iii) Necessitates medical treatment or special services

before birth or at birth.

(iv) Occurs with a frequency of at least 1 instance per

100,000 births.

(b) Provide the list described in subdivision (a) to the

department and to a prospective qualified contributor upon request.

requests authorization to contribute information for posting on the

clearinghouse and provide notice of approval or denial of

authorization to an organization or individual who requests

authorization as a qualified contributor in accordance with the

criteria established under this subdivision.

(d) For each medical condition identified in subdivision (a),

provide directly, or solicit from a qualified contributor,

information to be placed on the clearinghouse that describes the

condition, known treatment options or supportive services, and

information on government agencies or programs and private

organizations that provide service or support to individuals with

that condition or to their caregivers.

(e) Post on the clearinghouse information on, and website

links to, "Early on Michigan" and organizations that maintain

registries of families who wish to adopt children with prenatally

diagnosed conditions.

(f) Not less than annually, review the information posted on

the clearinghouse to confirm that referral information is still

accurate with regard to support organizations and links to other

websites.

(4) The department shall create and post on this state's

website, in a printable format, a form that prominently displays

the website address of the clearinghouse and that includes a

statement that the clearinghouse contains the information described

in section 17019(2)(a) to (d).

(5) As used in this section:

(a) "Licensed medical professional" means an individual who is

licensed or otherwise authorized to practice medicine under article

15.

(b) "Life-limiting condition" means that term as defined in

section 17019.

means an Internet website containing information regarding

prenatally diagnosed medical conditions as provided in this

section.

(d) "Perinatal hospice care" means comprehensive medical and

supportive care to a pregnant woman and her family that includes

support from the time of diagnosis of a life-limiting condition

through the time of birth and death of the child. Perinatal hospice

care includes, but is not limited to, care by maternal-fetal

medical specialists, obstetricians, neonatologists, anesthesia

specialists, clergy, social workers, and specialty nurses.

(e) "Qualified contributor" means a licensed medical

professional, an academic faculty member, another individual with

recognized knowledge or expertise regarding a prenatally

diagnosable medical condition, or an organization dedicated to

research, treatment, or support for individuals with a specific

medical condition.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.