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Michigan Statutes, Title 333

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Michigan/Statutes

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Title 333, HEALTH

58 chapters · 2,093 sections in this title.

All chapters in Title 3332,093 Ch 368-of-1978, PUBLIC HEALTH CODE1,805 Ch 220-of-2020, INDUSTRIAL HEMP GROWERS ACT36 Ch 281-of-2016, MEDICAL MARIHUANA FACILITIES LICENSI…36 Ch 204-of-1987, LOW-LEVEL RADIOACTIVE WASTE AUTHORIT…28 Ch 193-of-1996, MICHIGAN DO-NOT-RESUSCITATE PROCEDUR…20 Ch Initiated Law 1-of-2018, MICHIGAN REGULATION AND TAXATION OF …19 Ch 522-of-1996, THE MICHIGAN BIOLOGIC PRODUCTS INSTI…15 Ch Initiated Law 1-of-2008, MICHIGAN MEDICAL MARIHUANA ACT12 Ch 527-of-2008, UNITED WAY FUND ACT; CHILDREN'S HOSP…11 Ch 85-of-2016, DESIGNATED CAREGIVER ACT8 Ch 134-of-2007, AMANDA'S FUND FOR BREAST CANCER PREV…7 Ch 345-of-2014, RIGHT TO TRY ACT7 Ch 424-of-2002, HOUSING-WITH-SERVICES CONTRACT ACT7 Ch 31-of-1990, ATHLETIC SERVICES PROVIDERS6

1,805 sections·Filtered byTitle 333✕Ch 368-of-1978✕

Mich. Comp. Laws § 333.5567 Order to cease and desist; hearing; costs; referral of case for further enforcement; action under MCL 333.5569 or 333.5571.
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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…
Mich. Comp. Laws § 333.5569 Civil action; filing; injunction or other relief; civil fine; costs; attorney fees.
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Sec. 5569. (1) The department may file a civil action in a court of competent jurisdiction seeking an injunction or other appropriate relief to enforce this part or a rule promulgated under this part. (2) In an action under subsection (1), the court may impose on a person that vi…
Mich. Comp. Laws § 333.5571 Violation of part, rule, or order as misdemeanor; fine; costs; attorney fees.
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Sec. 5571. A person that violates this part or a rule promulgated under this part or violates a cease and desist order issued under this part is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not less than $5,000.00 or more than $25,000.0…
Mich. Comp. Laws § 333.5601 “Occupational disease” defined; general definitions and principles of construction.

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Sec. 5601. (1) As used in this part, "occupational disease" means an illness of the human body arising out of and in the course of an individual's employment and having 1 or more of the following characteristics: (a) It is caused by a frequently repeated or continuous exposure to…

Mich. Comp. Laws § 333.5611 Report of occupational disease or health condition aggravated by workplace exposures; time; contents; forms and instructions.

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Sec. 5611. (1) A physician, hospital, clinic, or employer knowing of an individual having a case of occupational disease or a health condition aggravated by workplace exposures shall report the case to the department within 10 days after the discovery of the occupational disease …

Mich. Comp. Laws § 333.5613 Investigation; advising physician of nature of hazardous substance or agent and conditions of exposure; confidentiality.

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Sec. 5613. (1) The department, upon receiving a report under section 5611 or believing that a case or suspected case of occupational disease exists in this state, may investigate to determine the accuracy of the report and the cause of the disease. (2) To aid in the diagnosis or …

Mich. Comp. Laws § 333.5621 Reports not public records; exemption from disclosure; access to record.

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Sec. 5621. (1) Reports submitted to the department under section 5611 are not public records and are exempt from disclosure pursuant to section 13(1)(d) of Act No. 442 of the Public Acts of 1976. (2) The bureau of worker's disability compensation and the compensation appeal board…

Mich. Comp. Laws § 333.5623 Statistical summaries; dissemination of instructions and information.

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Sec. 5623. (1) Not less than once each year, the department shall compile statistical summaries of all occupational diseases reported and accepted as covering true occupational diseases, and the kinds of employment leading to the occurrence of the diseases. (2) The department sha…

Mich. Comp. Laws § 333.5639 Failure to make report or wilful false statement as misdemeanor; penalty.

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Sec. 5639. A physician, hospital or clinic administrator, or employer who fails to make a report or who wilfully makes a false statement in a report required by section 5611(1) is guilty of a misdemeanor punishable by a fine of not more than $50.00.

Mich. Comp. Laws § 333.5651 Short title of part.

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Sec. 5651. This part shall be known and may be cited as the "Michigan dignified death act".

Mich. Comp. Laws § 333.5652 Legislative findings; Michigan dignified death act.

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Sec. 5652. (1) The legislature finds all of the following: (a) That patients face a unique set of circumstances and decisions once they have been diagnosed as having a reduced life expectancy due to advanced illness. (b) That published studies indicate that patients with reduced …

Mich. Comp. Laws § 333.5653 Definitions.

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Sec. 5653. (1) As used in this part: (a) "Advanced illness", except as otherwise provided in this subdivision, means a medical or surgical condition with significant functional impairment that is not reversible by curative therapies and that is anticipated to progress toward deat…

Mich. Comp. Laws § 333.5654 Recommended medical treatment for advanced illness; duty of physician to inform orally; limitation or modification of disclosed information.

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Sec. 5654. (1) A physician who has diagnosed a patient as having a reduced life expectancy due to an advanced illness and is recommending medical treatment for the patient shall do all of the following: (a) Orally inform the patient, the patient's patient surrogate, or, if the pa…

Mich. Comp. Laws § 333.5655 Recommended medical treatment for advanced illness; duty of physician to inform orally and in writing; requirements.

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Sec. 5655. In addition to the requirements of section 5654, a physician who has diagnosed a patient as having a reduced life expectancy due to an advanced illness and is recommending medical treatment for the patient shall, both orally and in writing, inform the patient, the pati…

Mich. Comp. Laws § 333.5656 Updated standardized written summary; development; publication; contents; availability to physicians.

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Sec. 5656. (1) By July 1, 2002, the department of community health shall develop and publish an updated standardized, written summary that contains all of the information required under section 5655. (2) The department shall develop the updated standardized, written summary in co…

Mich. Comp. Laws § 333.5657 Availability of form to patient, patient surrogate, or patient advocate; compliance with MCL 333.5656; placement of signed form in patient's medical record; signed form as bar to civil or administrative action.

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Sec. 5657. (1) If a physician gives a copy of the standardized, written summary developed and published before July 1, 2002 or a copy of the updated standardized, written summary made available under section 5656 to a patient with reduced life expectancy due to advanced illness, …

Mich. Comp. Laws § 333.5658 Prescription of controlled substance; immunity from administrative and civil liability.

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Sec. 5658. A physician who, as part of a medical treatment plan for a patient with reduced life expectancy due to advanced illness, prescribes for that patient a controlled substance that is included in schedules 2 to 5 under part 72 and that is a narcotic drug is immune from adm…

Mich. Comp. Laws § 333.5659 Life insurer, health insurer, or health care payment or benefits plan; prohibited acts.

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Sec. 5659. A life insurer, a health insurer, or a health care payment or benefits plan shall not do 1 or more of the following because a patient with reduced life expectancy due to advanced illness, the patient's patient surrogate, or the patient advocate has made a decision to r…

Mich. Comp. Laws § 333.5660 Scope of part; limitation.

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Sec. 5660. This part does not do the following: (a) Impair or supersede a legal right a parent, patient, patient advocate, legal guardian, or other individual may have to consent to or refuse medical treatment on behalf of another. (b) Create a presumption about the desire of a p…

Mich. Comp. Laws § 333.5661 Fraud resulting in death of patient; violation as felony; penalty.

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Sec. 5661. (1) An individual shall not, by fraud, cause or attempt to cause a patient, patient surrogate, or patient advocate to make a medical treatment decision that results in the death of the patient with the intent to benefit financially from the outcome of the medical treat…

Mich. Comp. Laws § 333.5671 Words and phrases; applicability of definitions and principles of construction.

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Sec. 5671. (1) As used in this part, the words and phrases defined in sections 5672 to 5674 have the meanings ascribed to them in those sections. (2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.

Mich. Comp. Laws § 333.5672 Definitions: A to C.

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Sec. 5672. (1) "Actual notice" includes the physical presentation of a POST form or a revoked POST form, or the electronic transmission of a POST form or a revoked POST form if the recipient of the form sends an electronic confirmation to the patient, patient representative, or a…

Mich. Comp. Laws § 333.5673 Definitions; E to I.

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Sec. 5673. (1) "Emergency medical protocol" means a protocol as that term is defined in section 20908. (2) "Emergency medical services personnel" means that term as defined in section 20904, but does not include an emergency medical services instructor-coordinator. (3) "Guardian"…

Mich. Comp. Laws § 333.5674 Definitions; M to W.

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Sec. 5674. (1) "Medical control authority" means that term as defined in section 20906. (2) "Patient" means an adult with an advanced illness or means an adult with another medical condition that, despite available curative therapies or modulation, compromises his or her health s…

Mich. Comp. Laws § 333.5675 Advisory committee; appointment; membership; recommendations; abolishment; "committee" defined.

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Sec. 5675. (1) Not later than 90 days after the effective date of the amendatory act that added this part, the director shall appoint members of and convene an ad hoc advisory committee. The committee must consist of 11 members appointed as follows: (a) Four members of the commit…

Mich. Comp. Laws § 333.5676 Duties of department; publication of information or materials regarding POST form.

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Sec. 5676. (1) The department, after considering the recommendations of the advisory committee under section 5675, shall do all of the following: (a) Develop a standardized POST form that has a distinct format and is printed on a specific stock and color of paper to make the form…

Mich. Comp. Laws § 333.5677 POST form; individuals consenting to medical orders; consent by patient representative; information to be provided by attending health professional; signature; copy of form as part of medical record; possession of original form.

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Sec. 5677. (1) The following individuals may consent to the medical orders contained on a POST form: (a) If a patient is capable of participating in the medical treatment decisions included on the POST form, the patient. (b) Subject to subsection (2), if a patient is not capable …

Mich. Comp. Laws § 333.5678 Revocation of POST form.

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Sec. 5678. (1) The following individuals may revoke a POST form under the following circumstances: (a) A patient may revoke the POST form at any time and in any manner that the patient is able to communicate his or her intent to revoke the POST form. If the patient's revocation i…

Mich. Comp. Laws § 333.5679 POST form; use as communication tool; treatment by emergency medical services personnel; exceptions; noncompliance by health professional or health facility.

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Sec. 5679. (1) In an acute care setting, a health professional who is treating the patient may use a completed POST form as a communication tool. (2) Emergency medical services personnel shall provide or withhold treatment to a patient according to the orders on a POST form unles…

Mich. Comp. Laws § 333.5680 Treatment or services not subject to criminal prosecution, civil liability, or professional disciplinary action.

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Sec. 5680. A person is not subject to criminal prosecution, civil liability, or professional disciplinary action for any of the following: (a) Providing medical treatment that is contrary to the medical orders indicated on a POST form if the person did not have actual notice of t…

Mich. Comp. Laws § 333.5681 Valid execution of POST form; presumption.

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Sec. 5681. (1) If a POST form is validly executed after a patient advocate designation that contains written directives regarding medical treatment, or another advance health care directive that contains written directives regarding medical treatment, the medical orders indicated…

Mich. Comp. Laws § 333.5682 Belief that execution of POST form contrary to wishes or best interests; petition; review; injunction.

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Sec. 5682. If an individual has reason to believe that a POST form has been executed contrary to the wishes of the patient or, if the patient is a ward, contrary to the wishes or best interests of the ward, the individual may petition the probate court to have the POST form and t…

Mich. Comp. Laws § 333.5683 Life or health insurer; prohibited conduct.

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Sec. 5683. (1) A life insurer shall not do any of the following because of the execution or implementation of a POST form: (a) Refuse to provide or continue coverage to the patient. (b) Charge the patient a higher premium. (c) Offer a patient different policy terms because the pa…

Mich. Comp. Laws § 333.5684 Provisions as cumulative; legal right not impaired or superseded; presumption.

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Sec. 5684. (1) The provisions of this part are cumulative and do not impair or supersede a legal right that a patient or patient representative may have to consent to or refuse medical treatment for himself or herself or on behalf of another. (2) This part does not create a presu…

Mich. Comp. Laws § 333.5685 Advisory committee to be appointed 3 years after effective date of amendatory act; meeting; recommendations; report; abolishment; "committee" defined.

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Sec. 5685. (1) By 3 years after the effective date of the amendatory act that added this part, the director shall appoint an ad hoc advisory committee consisting of 11 members in the same manner as the ad hoc advisory committee is required to be appointed under section 5675. (2) …

Mich. Comp. Laws § 333.5701 Definitions.

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Sec. 5701. (1) As used in this part: (a) "Agent orange" means the chemical herbicide made from chemicals known as 2,4-Dichlorophenoxyacetic acid and its esters, or 2,4-D, and Trichlorophenoxyacetic acid and its esters, or 2,4,5-T. (b) "Chemical agent" means a chemical herbicide o…

Mich. Comp. Laws § 333.5703 Toxicological studies; consent; report; information on physical health.

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Sec. 5703. (1) The department, in consultation and cooperation with the commission, shall conduct toxicological studies on a selected sample of Vietnam-era veterans to establish their exposure to agent orange or a chemical agent. In conducting the studies, the department shall an…

Mich. Comp. Laws § 333.5709 Studying causes of death.

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Sec. 5709. The department, in consultation and cooperation with the commission, shall study the causes of death among Vietnam-era veterans, utilizing the department's vital statistics records and the agent orange registry data base maintained by the information resource center un…

Mich. Comp. Laws § 333.5711 Epidemiological studies; consent.

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Sec. 5711. The department, in consultation and cooperation with the commission, shall conduct epidemiological studies on a selected sample of Vietnam-era veterans who have a history of cancer or other medical problems associated with exposure to agent orange or a chemical agent, …

Mich. Comp. Laws § 333.5713 Annual report; recommendations.

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Sec. 5713. The department shall compile and analyze the information obtained under sections 5709 and 5711, and shall produce an annual report which shall be distributed through the information resource center to veterans' organizations, the federal centers for disease control, th…

Mich. Comp. Laws § 333.5715 Report or other information as public information; availability; confidentiality of medical information.

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Sec. 5715. (1) A departmental report under section 5703 or 5713, or other compilation of information collected under this part, unless it discloses the identity of an individual who does not consent to the disclosure, is public information, and shall be made available in accordan…

Mich. Comp. Laws § 333.5717 Birth defects registry; establishment; purposes.

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Sec. 5717. The department shall establish a birth defects registry for all of the following purposes: (a) To provide information on the incidence and trends of birth defects among Vietnam-era veterans and their families, and among the general population. (b) To provide informatio…

Mich. Comp. Laws § 333.5721 Birth defects; reports; records; confidentiality; rules; submission to medical examination or supervision not required; contract for collection and analysis of data; evaluation of information reported to birth defects registry; public reports.

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Sec. 5721. (1) Each diagnosed incidence of a birth defect, including a congenital or structural malformation, or a biochemical or genetic disease, and any information relevant to incidents of birth defects, shall be reported to the department. The reporting shall begin not later …

Mich. Comp. Laws § 333.5723 Referral services.

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Sec. 5723. The department, in collaboration with veterans' counseling sources, shall provide referral services for those Vietnam-era veterans and their dependents who desire counseling or referral.

Mich. Comp. Laws § 333.5725 Class action; purpose.

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Sec. 5725. The attorney general, on behalf of Vietnam-era veterans residing in this state who may have been injured because of contact with agent orange or a chemical agent while serving in the armed forces of the United States, may bring a class action against the federal govern…

Mich. Comp. Laws § 333.5731 Agent orange commission; creation; appointment, qualifications, and terms of members; vacancy.

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Sec. 5731. (1) The agent orange commission is created in the department. (2) The commission is composed of 14 members, including all of the following: (a) One member is the director, or his or her designee. (b) One member is the attorney general, or his or her designee. (c) The r…

Mich. Comp. Laws § 333.5735 Agent orange commission; duties.

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Sec. 5735. The commission shall do all of the following: (a) Review the toxicological and epidemiological literature on herbicide compounds, and their by-product contaminants, of the type utilized by the armed forces during the period prescribed in section 5701(1)(j). (b) Review …

Mich. Comp. Laws § 333.5737 Agent orange commission; election of chairperson; meetings; travel expenses; conducting business at public meeting; notice; writings available to public.

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Sec. 5737. (1) The members annually shall elect a chairperson. The commission shall meet at least 4 times each year at the call of the chairperson. The first meeting of the commission shall be held not later than 3 months after the effective date of this part. (2) Commission memb…

Mich. Comp. Laws § 333.5745 Agent orange information resource center; creation; membership; duties.

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Sec. 5745. (1) There is created an agent orange information resource center within the department. (2) The information resource center shall have members with expertise in human medicine, toxicology, epidemiology and data management and analysis. (3) The information resource cent…

Mich. Comp. Laws § 333.5747 Rules.

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Sec. 5747. The department shall promulgate rules to implement this part.