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SB-569, As Passed Senate, July 3, 2026
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SUBSTITUTE FOR
SENATE BILL NO. 569
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5431, 5841, 13104, and 16315 (MCL 333.5431,
333.5841, 333.13104, and 333.16315), section 5431 as amended by
2002 PA 691, section 5841 as amended by 2015 PA 91, section 13104
as amended by 2010 PA 375, and section 16315 as amended by 2020 PA
169.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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Sec. 5431. (1) A health professional in charge of the care of
a newborn infant or, if none, the health professional in charge at
the birth of an infant shall administer or cause to be administered
to the infant a test for each of the following:
(a) Phenylketonuria.
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(b) Galactosemia.
(c) Hypothyroidism.
(d) Maple syrup urine disease.
(e) Biotinidase deficiency.
(f) Sickle cell anemia.
(g) Congenital adrenal hyperplasia.
(h) Medium-chain acyl-coenzyme A dehydrogenase deficiency.
(i) Other treatable but otherwise disabling conditions as
designated by the department.
(2) The informed consent requirements of sections 17020 and
17520 do not apply to the tests required under subsection (1). The
tests required under subsection (1) shall must be administered and
reported within a time and under conditions prescribed by the
department. The department may require that the tests be performed
by the department.
(3) If the results of a test administered under subsection (1)
are positive, the results shall must be reported to the infant's
parents, guardian, or person in loco parentis. A person is in
compliance with this subsection if the person makes a good faith
good-faith effort to report the positive test results to the
infant's parents, guardian, or person in loco parentis.
(4) Subject to the annual adjustment required under this
subsection and subject to subsection (6), if the department
performs 1 or more of the tests required under subsection (1), the
department may charge a fee for the tests of not more than $53.71.
The department shall adjust the amount prescribed by this
subsection annually by an amount determined by the state treasurer
to reflect the cumulative annual percentage change in the Detroit
consumer price index. Consumer Price Index. As used in this
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subsection, "Detroit consumer price index" Consumer Price Index"
means the most comprehensive index of consumer prices available for
the Detroit Detroit-Warren-Dearborn area from the bureau of labor
statistics Bureau of Labor Statistics of the United States
department of labor.Department of Labor.
(5) A person who violates this section or a rule promulgated
under this part is guilty of a misdemeanor.
(6) The department shall provide for a hardship waiver of the
fee authorized under subsection (4) under circumstances found
appropriate by the department.
(7) The department shall do all of the following in regard to
the blood specimens taken for purposes of conducting the tests
required under subsection (1):
(a) By April 1, 2000, develop a schedule for the retention and
disposal of the blood specimens used for the tests after the tests
are completed. The schedule shall must meet at least all of the
following requirements:
(i) Be consistent with nationally recognized standards for
laboratory accreditation and federal law.
(ii) Require that the disposal be conducted in compliance with
section 13811.
(iii) Require that the disposal be conducted in the presence of
a witness. For purposes of this subparagraph, the witness may be an
individual involved in the disposal or any other individual.
(iv) Require that a written record of the disposal be made and
kept, and that the witness required under subparagraph (iii) signs
the record.
(b) Allow the blood specimens to be used for medical research
during the retention period established under subdivision (a), as
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long as the medical research is conducted in a manner that
preserves the confidentiality of the test subjects and is
consistent to protect human subjects from research risks under
subpart A of part 46 of subchapter A of title 45 of the code of
federal regulations.45 CFR 46.101 to 46.124.
(8) The department shall rewrite its pamphlet explaining the
requirements of this section when the supply of pamphlets in
existence on March 15, 2000 is exhausted. When the department
rewrites the explanatory pamphlet, it the department shall include
at least all of the following information in the pamphlet:
(a) The nature and purpose of the testing program required
under this section, including, but not limited to, a brief
description of each condition or disorder listed in subsection (1).
(b) The purpose and value of the infant's parent, guardian, or
person in loco parentis retaining a blood specimen obtained under
subsection (9) in a safe place.
(c) The department's schedule for retaining and disposing of
blood specimens developed under subsection (7)(a).
(d) That the blood specimens taken for purposes of conducting
the tests required under subsection (1) may be used for medical
research pursuant to subsection (7)(b).
(9) In addition to the requirements of subsection (1), the
health professional described in subsection (1) or the hospital or
other facility in which the birth of an infant takes place, or
both, may offer to draw an additional blood specimen from the
infant. If such an offer is made, it shall must be made to the
infant's parent, guardian, or person in loco parentis at the time
the blood specimens are drawn for purposes of subsection (1). If
the infant's parent, guardian, or person in loco parentis accepts
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the offer of an additional blood specimen, the blood specimen shall
must be preserved in a manner that does not require special storage
conditions or techniques, including, but not limited to,
lamination. The health professional or hospital or other facility
employee making the offer shall explain to the parent, guardian, or
person in loco parentis at the time the offer is made that the
additional blood specimen can be used for future identification
purposes and should be kept in a safe place. The health
professional or hospital or other facility making the offer may
charge a fee that is not more than the actual cost of obtaining and
preserving the additional blood specimen.
(10) Beginning for the fiscal year ending September 30, 2027,
and for each fiscal year thereafter through September 30, 2029,
$1,000,000.00 of the collected newborn screening fees and any
interest and earnings for those fees is transferred to and must be
deposited into the general fund.
Sec. 5841. (1) All or part of the charges for the medical care
and treatment of a child or youth with special health care needs
must be paid to the department of treasury by the child, parent, or
spouse, if that individual has the ability to pay. The payment must
be in the amount and at a rate determined by agreement between the
individual and the department. Upon treatment of the child or youth
with special health care needs, the department shall furnish the
department of treasury information required to keep a correct
account of the money due this state from the child, parent, or
spouse. The department of treasury shall credit the parent
participation payments to the parent participation fund.
(2) The department may modify or cancel an agreement made
under this section based on economic or other factors and shall
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report that action to the department of treasury.
(3) The department of treasury may accept and issue a receipt
for an amount due under an agreement or modification to an
agreement under this section.
(4) Beginning for the fiscal year ending September 30, 2027,
and for each fiscal year thereafter through September 30, 2029,
$220,000.00 of the money in the parent participation fund in
subsection (1) and any interest and earnings for those fees is
transferred to and must be deposited into the general fund.
Sec. 13104. (1) An individual shall not tattoo, brand, or
perform body piercing on another individual unless the tattooing,
branding, or body piercing occurs at a body art facility licensed
under this part. Any tattooing, branding, or body piercing
occurring in this state other than at a facility licensed under
this part is considered an imminent danger under section 2251 or
2451 and the department or a local health department shall order
the immediate cessation of that activity in the manner prescribed
in this act.
(2) The owner or operator of a body art facility shall apply
to the department for a body art facility license under this part
on a form provided by the department and at the time of application
shall pay to the department the appropriate fee prescribed under
subsection (4). The department shall issue a license on an annual
basis to a body art facility that meets the requirements of this
part or for a time period not to exceed 14 consecutive days to a
temporary body art facility that meets the requirements of this
part.
(3) If the department determines that the application is
complete and the body art facility proposed or operated by the
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applicant meets the requirements of this part and any rules
promulgated under this part, the department shall issue the
appropriate license to the applicant for the operation of that body
art facility. Except for a temporary license issued under this
part, the license is effective for up to 1 year and expires at 12
midnight on December 31. A temporary license issued under this part
is effective for not more than 14 consecutive days and expires at
12 midnight on the date prescribed on the temporary license.
(4) Except as otherwise provided in this part, the applicant
shall pay 1 of the following fees at the time of application for a
body art facility license:
(a) For an annual license $ 500.00.
(b) For a temporary license to operate a body art
facility at a fixed location for not more than
14 consecutive days $ 150.00.
(5) An applicant for a new annual license that is filed on or
after July 1 shall only pay 50% of the fee prescribed in subsection
(4)(a). A licensee that fails to submit an application for a
license renewal on or before December 1, in addition to the license
fee under subsection (4)(a), shall pay an additional $250.00 late
fee.
(6) The department shall issue a duplicate license upon
request of a licensee and the payment of a duplicate license fee of
$50.00.
(7) Unless a different distribution is provided for in a cost
reimbursement program under sections 2471 to 2498, the department
shall distribute a portion of a fee collected under this section
from an applicant or licensee to a local health department
authorized to enforce this part under section 13108 as follows:
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(a) From the annual license fee under subsection (4)(a) or (5)
and, if applicable, from the late fee under subsection (5), 50%.
(b) From the temporary license fee under subsection (4)(b),
75%.
(c) From the duplicate license fee under subsection (6), 50%.
(8) The department shall adjust the fees prescribed in this
section annually by an amount determined by the state treasurer to
reflect the cumulative annual percentage change in the Detroit-Ann
Arbor-Flint consumer price index, Consumer Price Index, but not by
an amount that exceeds 5%. As used in this subsection, "Detroit-Ann
Arbor-Flint consumer price index" Consumer Price Index" means the
most comprehensive index of consumer prices available for the
Detroit, Detroit-Warren-Dearborn, Ann Arbor, and Flint areas from
the bureau of labor statistics Bureau of Labor Statistics of the
United States department of labor.Department of Labor.
(9) Beginning for the fiscal year ending September 30, 2027,
and for each fiscal year thereafter through September 30, 2029,
$100,000.00 of the collected body art facility license fees and any
interest and earnings for those fees is transferred to and must be
deposited into the general fund.
Sec. 16315. (1) The health professions regulatory fund is
established in the state treasury. Except as otherwise provided in
this section, the state treasurer shall credit the fees collected
under sections 16319 to 16349 to the health professions regulatory
fund. Except as otherwise provided in this section, the money in
the health professions regulatory fund shall must be expended only
as provided in subsection (5).
(2) The state treasurer shall direct the investment of the
health professions regulatory fund. Interest and earnings from
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health professions regulatory fund investment shall must be
credited to the health professions regulatory fund.
(3) The unencumbered balance in the health professions
regulatory fund at the close of the fiscal year shall remain
remains in the health professions regulatory fund and shall does
not revert to the general fund.
(4) The health professions regulatory fund may receive gifts
and devises and other money as provided by law.
(5) The department shall use the health professions regulatory
fund to carry out its powers and duties, under this article,
article 7, and article 8, including, but not limited to,
reimbursing the department of attorney general for the reasonable
cost of services provided to the department under this article,
article 7, and article 8.
(6) The nurse professional fund is established in the state
treasury. Of the money that is attributable to per-year license
fees collected under section 16327, the state treasurer shall
credit $8.00 of each individual annual license fee collected to the
nurse professional fund. The money in the nurse professional fund
shall must be expended only as provided in subsection (9).
(7) The state treasurer shall direct the investment of the
nurse professional fund, and shall credit interest and earnings
from the investment to the nurse professional fund. The nurse
professional fund may receive gifts and devises and other money as
provided by law.
(8) The unencumbered balance in the nurse professional fund at
the close of the fiscal year shall remain remains in the nurse
professional fund and shall does not revert to the general fund.
(9) The department of health and human services shall use the
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nurse professional fund each fiscal year only as follows:
(a) To promote safe patient care in all nursing practice
environments.
(b) To advance the safe practice of the nursing profession.
(c) To ensure a continuous supply of high-quality direct care
nurses, nursing faculty, and nursing education programs.
(d) To operate a nursing scholarship program.
(10) The pain management education and controlled substances
electronic monitoring and antidiversion fund is established in the
state treasury.
(11) The state treasurer shall direct the investment of the
pain management education and controlled substances electronic
monitoring and antidiversion fund. Interest and earnings from
investment of the pain management education and controlled
substances electronic monitoring and antidiversion fund shall must
be credited to the pain management education and controlled
substances electronic monitoring and antidiversion fund.
(12) The unencumbered balance in the pain management education
and controlled substances electronic monitoring and antidiversion
fund at the close of the fiscal year shall remain remains in the
pain management education and controlled substances electronic
monitoring and antidiversion fund and shall does not revert to the
general fund. The pain management education and controlled
substances electronic monitoring and antidiversion fund may receive
gifts and devises and other money as provided by law. Twenty
dollars of the license fee received by the department under section
16319 shall must be deposited with the state treasurer to the
credit of the pain management education and controlled substances
electronic monitoring and antidiversion fund. The department shall
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use the pain management education and controlled substances
electronic monitoring and antidiversion fund only in connection
with programs relating to pain management education for health
professionals, preventing the diversion of controlled substances,
and development and maintenance of the electronic monitoring system
for controlled substances data required by section 7333a.
(13) For the fiscal year ending September 30, 2020 only,
$10,000,000.00 of the money in the health professions regulatory
fund is transferred to and must be deposited into the general fund.