Title 333, HEALTH

Sec. 5466. (1) The department may, after notice and an opportunity for hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, suspend, revoke, or modify a training program accreditation or a refresher course training program accreditatio…

Sec. 5467. (1) An accredited training program shall maintain, and make available to the department, upon request, all of the following records: (a) Each document that demonstrates the qualifications of a training manager or a principal instructor. (b) Current curriculum and cours…

Sec. 5468. (1) An individual seeking certification by the department to engage in lead-based paint activities shall pay the appropriate fees required under section 5471 and submit an application to the department demonstrating either of the following: (a) Compliance with the requ…

Sec. 5469. (1) Beginning August 30, 1999, a person shall not perform or offer to perform lead-based paint activities without obtaining certification by the department under this part. (2) A person seeking certification under subsection (1) shall submit to the department a letter …

Sec. 5470. Beginning on March 1, 1999, all lead-based paint activities shall be performed by an individual certified in the appropriate discipline under this part and pursuant to the work practice standards prescribed in rules promulgated by the department.

Sec. 5471. (1) Subject to subsection (7), fees for a person accredited or seeking accreditation for a training program offering courses or refresher courses in lead-based paint abatement are as follows: (a) Initial application processing fee $ 100.00. (b) Initial accreditation fe…

Sec. 5472. Before beginning a lead-based paint abatement, a person conducting lead-based paint abatement shall notify the department, on forms provided by the department or through electronic methods approved by the department, regarding information the department considers neces…

Sec. 5473. The legislature shall annually appropriate to the department an amount sufficient to administer and enforce this part. These funds shall be offset by funds received from federal agencies in the form of grants or other funding provisions. All funds generated by this par…

Sec. 5473a. (1) The department shall administer this part and promulgate rules as may be necessary for the administration and enforcement of this part pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (2) The department shall authorize, coo…

Sec. 5474. (1) The department shall establish a lead poisoning prevention program that has the following components: (a) A coordinated and comprehensive plan to prevent childhood lead poisoning and to minimize exposure of the general public to lead-based paint hazards. (b) A comp…

Sec. 5474b. (1) The department in cooperation with the family independence agency and the Michigan state housing development authority shall establish and maintain a registry, to be known as the "lead safe housing registry", to provide the public with a listing of residential and…

Sec. 5474b. (1) The department in cooperation with the family independence agency and the Michigan state housing development authority shall establish and maintain a registry, to be known as the "lead safe housing registry", to provide the public with a listing of residential and…

Sec. 5474c. (1) The legislature recognizes the imminent threats posed to children's health and cognitive development from ingestion of lead paint dust in residential neighborhoods, the broad dispersal of lead-laden soils from historical airborne deposition of leaded fuel emission…

Sec. 5474d. (1) Beginning January 1, 2024, a physician treating a patient who is a minor shall do both of the following: (a) Test the minor for lead poisoning, or order the test for the minor, at the intervals and using the methods specified by the department by rule. (b) If the …

Sec. 5475. (1) The department shall receive or initiate complaints of alleged violations of this part or rules promulgated under this part and take action with respect to alleged violations or complaints as prescribed by this part. (2) The department, in its own discretion, or up…

Sec. 5475a. (1) A property manager, housing commission, or owner of a rental unit who rents or continues to rent a residential housing unit to a family with a minor child who is found to have 10 micrograms or more of lead per deciliter of venous blood is subject to the penalties …

Sec. 5476. (1) A person who violates this part or a rule promulgated under this part is subject to an administrative fine up to the following amounts for each violation or each day that a violation continues: (a) For a first violation $ 2,000.00. (b) For a second violation $ 5,00…

Sec. 5477. (1) A person who engages in a lead-based paint activity as provided for by this part and who willfully or repeatedly violates this part or a rule promulgated under this part or a person who fails to correct the violation after notice from the department under this part…

Sec. 5481. As used in this part: (a) "Children" means individuals who are 7 years old or younger. (b) "Consumer" means that term as used in the consumer product safety act, 15 USC 2051 to 2085. (c) "Children's jewelry" means jewelry that is made for, marketed for use by, or marke…

Sec. 5482. A person shall not use or apply a lead-bearing substance in or on any children's jewelry in this state.

Sec. 5483. A person shall not sell, offer for sale, or transfer to any person any children's jewelry in this state that contains a lead-bearing substance.

Sec. 5484. The department shall post on its website information about the hazards of lead-bearing substances and any programs it offers designed to educate individuals about those hazards.

Sec. 5485. (1) A person shall not sell or offer for sale in this state or for use in this state a lunch box that contains a lead-bearing substance. (2) This section does not apply to the sale of a collectible lunch box or any other lunch box no longer intended to be used to carry…

Sec. 5486. (1) Except as otherwise provided in subsection (2), a person who violates this part is subject to the following: (a) If the person is not an individual consumer and the violation is the person's first offense under this part, a civil fine of not more than $100.00 per i…

Sec. 5491. As used in this part: (a) "Child care article" means a product designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children or to help children with sucking or teething. (b) "Children" means individuals who are 7 years old or you…

Sec. 5492. (1) A person shall not use or apply a toxic substance in or on any toy or child care article in this state. (2) A person shall not sell, offer for sale, or transfer a toy or child care article in this state that contains a toxic substance. (3) This section does not app…

Sec. 5493. (1) Except as otherwise provided in subsection (2), a person who violates this part is subject to the following: (a) If the person is not an individual consumer and the violation is the person's first offense under this part, a civil fine of not more than $100.00 per i…

Sec. 5511. (1) The department shall develop, in consultation with the department of social services, the department of mental health, the office of services to the aging, and the office of health and medical affairs, a state plan for a network of regional, multidisciplinary diagn…

Sec. 5521. As used in sections 5521 to 5539: (a) "Affected individual" means an individual diagnosed or identified as having Alzheimer's disease or a related disorder. (b) "Autopsy" means a brain autopsy. (c) "Family representative" means an affected individual's legal guardian, …

Sec. 5523. The director shall identify an Alzheimer's disease and related disorders autopsy network. The network shall include individuals qualified to perform all of the following tasks: (a) Provide information to, and obtain consent from, an affected individual or his or her fa…

Sec. 5525. The department shall identify 1 or more tissue repositories for the receipt and storage of tissue of affected individuals who are deceased. The department may identify an existing public or private facility or institution that is equipped to provide for storage of the …

Sec. 5527. (1) A tissue repository identified under section 5525 shall allow equitable access to tissue to persons performing medical research and education, and may collect a reasonable fee for use of the tissue. Fees collected shall be used to fund the repository. (2) A reposit…

Sec. 5529. If an affected individual or his or her family representative requests an autopsy, a network representative shall provide to that person information concerning the cost, purposes, and benefits of an autopsy, and the benefits of using the tissue for medical research and…

Sec. 5533. The chronic disease advisory committee shall oversee the implementation of sections 5523 to 5539.

Sec. 5535. Within 1 year after the effective date of this section, the department shall develop and recommend to the legislature a subsidy program to help defray a portion of the cost to an affected individual or the affected individual's family of performing an autopsy.

Sec. 5537. The department shall provide to physicians, hospitals, nursing homes, medical examiners, funeral directors, affected individuals and their family members, and other appropriate persons written information describing the critical role that autopsies play in the diagnosi…

Sec. 5539. The authority of a family representative to act as provided in this part is given first to the affected individual's legal guardian, and if none, then to his or her spouse, and if none, then to his or her adult child or children, and if none, then to his or her parent,…

Sec. 5551. (1) This part may be referred to as the "eye care consumer protection law". (2) As used in this part, the words and phrases defined in sections 5553 to 5557 have the meanings ascribed to them in those sections. (3) In addition, article 1 contains general definitions an…

Sec. 5553. (1) "Contact lens" means a lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect. Contact lens includes, but is not limited to, a cosmetic, therapeutic, or corrective lens. (2) "Department" means the department …

Sec. 5555. (1) "Licensee" means any of the following: (a) A physician who is licensed or otherwise authorized to engage in the practice of medicine under part 170 and who specializes in eye care. (b) A physician who is licensed or otherwise authorized to engage in the practice of…

Sec. 5557. "Valid prescription" means 1 of the following, as applicable: (a) For a contact lens, a written or electronic order by a licensee who has conducted an examination and evaluation of a patient and has determined a satisfactory fit for the contact lens based on an analysi…

Sec. 5559. (1) Except as otherwise provided in subsection (2), spectacles and contact lenses are medical devices and are subject to the requirements of this part for the protection of consumers. (2) This part does not apply to any of the following: (a) A diagnostic contact lens t…

Sec. 5561. (1) A person shall not do any of the following: (a) Employ objective or subjective physical means to determine the accommodative or refractive condition or range of power of vision or muscular equilibrium of the human eye unless that activity is performed by a licensee…

Sec. 5563. (1) Except as otherwise provided in this part, the administration and enforcement of this part is the responsibility of the department. (2) The department may promulgate rules under the administrative procedures act of 1969 that it determines necessary to implement, ad…

Sec. 5565. (1) A person or governmental entity that believes that a violation of this part or a rule promulgated under this part has occurred or has been attempted may make an allegation of that fact to the department in writing. (2) If, upon reviewing an allegation under subsect…

Sec. 5567. (1) After a determination as described in section 5565(4), the department may order a person to cease and desist from a violation of this part or a rule promulgated under this part. (2) A person ordered to cease and desist under this section is entitled to a hearing be…