CHAPTER 333. HEALTH IMPLEMENTATION OF …S(hwzxwa3m4yftfvx0srtetpbf...CHAPTER 333. HEALTH IMPLEMENTATION OF PUBLIC HEALTH CODE Act 443 of 1978 333.1001-333.1007 Expired. 1978, Act

CHAPTER 333. HEALTH

IMPLEMENTATION OF PUBLIC HEALTH CODEAct 443 of 1978

333.1001-333.1007 Expired. 1978, Act 443, Eff. Sept. 30, 1981.

Rendered Tuesday, June 30, 2020 Page 1 Michigan Compiled Laws Complete Through PA 101 of 2020

Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov

POISON CONTROL CENTER NETWORKAct 606 of 1978

AN ACT to provide for the establishment of a regional poison control center network; to prescribe certainduties and responsibilities of the department of public health; and to make an appropriation.

History: 1978, Act 606, Imd. Eff. Jan. 5, 1979.

The People of the State of Michigan enact:

333.1011 State plan for poison control center network; establishment.Sec. 1. The department of public health shall establish a state plan for the creation and operation of a

poison control center network, providing for regional poison control centers, including appropriate services inthe Upper Peninsula.


333.1012 Advisory committee.Sec. 2. The department of public health shall establish an advisory committee composed of a representative

of each poison center in this state, for the purpose of developing guidelines for the implementation andoperation of the state plan for the poison control center network.


Compiler's note: For transfer of poison control center network advisory committee to department of community health by type IIItransfer, see E.R.O. No. 2010-9, compiled at MCL 333.26363.

333.1013 State plan for poison control centers; standards, policies, and procedures.Sec. 3. The state plan for poison control centers in this state shall specify standards, policies, and

procedures consistent with the criteria adopted by the American association of poison control centers,including all of the following:

(a) The appropriate professional, technical, and administrative staffing patterns for each level of poisoncontrol center services.

(b) The scope and quality assurance of specialized training programs for the personnel associated with thepoison control center.

(c) The appropriate information, resources, and technical equipment for each level of poison control centerservices.

(d) A uniform system for data collection, reporting, and statewide publication pursuant to appropriategeographic and therapeutic classifications.

(e) The access to appropriate analytical toxicology laboratory services.(f) An appropriate communications system.(g) An appropriate transportation and referral system.(h) The cooperation commitments with local and area health and emergency medical service agencies,

organizations, and associations directly or indirectly interested in poison control activities.(i) The advancement of a coordinated, quality public education program, provided either directly by

personnel associated with a poison control center or by another organization advancing poison prevention andpublic awareness of poison control.

(j) The uniform methodologies for program evaluation.History: 1978, Act 606, Imd. Eff. Jan. 5, 1979.

DETERMINATION OF DEATH ACTAct 124 of 1979

333.1021-333.1024 Repealed. 1992, Act 90, Imd. Eff. June 4, 1992.



DETERMINATION OF DEATH ACTAct 90 of 1992

AN ACT to provide for the determination of death; and to repeal certain acts and parts of acts.History: 1992, Act 90, Imd. Eff. June 4, 1992.


333.1031 Short title.Sec. 1. This act shall be known and may be cited as the "determination of death act".History: 1992, Act 90, Imd. Eff. June 4, 1992.

333.1032 Definitions.Sec. 2. As used in this act:(a) "Physician" means a person licensed as a physician under part 170 or part 175 of the public health code,

Act No. 368 of the Public Acts of 1978, being sections 333.17001 to 333.17088 and 333.17501 to 333.17556of the Michigan Compiled Laws.

(b) "Registered nurse" means a person licensed as a registered professional nurse under part 172 of thepublic health code, Act No. 368 of the Public Acts of 1978, being sections 333.17201 to 333.17242 of theMichigan Compiled Laws.

History: 1992, Act 90, Imd. Eff. June 4, 1992.

333.1033 Determination of death; conditions; accepted medical standards; personsauthorized to pronounce death of person.Sec. 3. (1) An individual who has sustained either of the following is dead:(a) Irreversible cessation of circulatory and respiratory functions.(b) Irreversible cessation of all functions of the entire brain, including the brain stem.(2) A determination of death shall be made in accordance with accepted medical standards.(3) A physician or registered nurse may pronounce the death of a person in accordance with this act. This

subsection does not prohibit a health facility or agency licensed under article 17 of the public health code, ActNo. 368 of the Public Acts of 1978, being sections 333.20101 to 333.22260 of the Michigan Compiled Laws,from determining which of its medical personnel may pronounce the death of a person in that health facilityor agency.

History: 1992, Act 90, Imd. Eff. June 4, 1992.

333.1034 Repeal of MCL 333.1021 to 333.1024.Sec. 4. Act No. 124 of the Public Acts of 1979, being sections 333.1021 to 333.1024 of the Michigan

Compiled Laws, is repealed.History: 1992, Act 90, Imd. Eff. June 4, 1992.



MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACTAct 193 of 1996

AN ACT to provide for the execution of a do-not-resuscitate order for an individual in a setting outside ofa hospital; to provide that certain actions be taken and certain actions not be taken with respect to ado-not-resuscitate order; to provide for the revocation of a do-not-resuscitate order; to prohibit certain personsand organizations from requiring the execution of a do-not-resuscitate order as a condition of receivingcoverage, benefits, or services; to prohibit certain actions by certain insurers; to provide immunity fromliability for certain persons; and to prescribe penalties and provide remedies.

History: 1996, Act 193, Eff. Aug. 1, 1996;Am. 2013, Act 155, Eff. Feb. 4, 2014.


333.1051 Short title.Sec. 1. This act shall be known and may be cited as the "Michigan do-not-resuscitate procedure act".History: 1996, Act 193, Eff. Aug. 1, 1996.

333.1052 Definitions.Sec. 2. As used in this act:(a) "Actual notice" includes the physical presentation of an order, a revocation of an order, or another

written document authorized under this act from or on behalf of a declarant.(b) "Attending physician" means the physician who has primary responsibility for the treatment and care of

a declarant.(c) "Declarant" means an individual who has executed a do-not-resuscitate order on his or her own behalf

or on whose behalf a do-not-resuscitate order has been executed as provided in this act.(d) "Delegatee" means an individual to whom a physician has delegated the authority to perform 1 or more

selected acts, tasks, or functions under section 16215 of the public health code, MCL 333.16215.(e) "Do-not-resuscitate identification bracelet" or "identification bracelet" means a wrist bracelet that meets

the requirements of section 7 and that is worn by a declarant while a do-not-resuscitate order is in effect.(f) "Do-not-resuscitate order" or "order" means a document executed under this act directing that, if an

individual suffers cessation of both spontaneous respiration and circulation in a setting outside of a hospital,resuscitation will not be initiated.

(g) "Emergency medical technician" means that term as defined in section 20904 of the public health code,MCL 333.20904.

(h) "Emergency medical technician specialist" means that term as defined in section 20904 of the publichealth code, MCL 333.20904.

(i) "Guardian" means that term as defined in section 1104 of the estates and protected individuals code,1998 PA 386, MCL 700.1104.

(j) "Hospital" means that term as defined in section 20106 of the public health code, MCL 333.20106.(k) "Medical first responder" means that term as defined in section 20906 of the public health code, MCL

333.20906.(l) "Nurse" means an individual licensed or otherwise authorized to engage in the practice of nursing or

practice of nursing as a licensed practical nurse under part 172 of the public health code, MCL 333.17201 to333.17242.

(m) "Organization" means a company, corporation, firm, partnership, association, trust, or other businessentity or a governmental agency.

(n) "Paramedic" means that term as defined in section 20908 of the public health code, MCL 333.20908.(o) "Patient advocate" means an individual designated to make medical treatment decisions for a patient

under sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to700.5515.

(p) "Physician" means an individual licensed or otherwise authorized to engage in the practice of medicineor the practice of osteopathic medicine and surgery under article 15 of the public health code, MCL333.16101 to 333.18838.

(q) "Physician's assistant" means an individual who is licensed as a physician's assistant under part 170 orpart 175 of the public health code, MCL 333.17001 to 333.17084 and 333.17501 to 333.17556.

(r) "Public health code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.(s) "Vital sign" means a pulse or evidence of respiration.(t) "Ward" means that term as defined in section 1108 of the estates and protected individuals code, 1998



PA 386, MCL 700.1108.History: 1996, Act 193, Eff. Aug. 1, 1996;Am. 2000, Act 59, Eff. Apr. 1, 2000;Am. 2004, Act 552, Imd. Eff. Jan. 3, 2005;

Am. 2013, Act 155, Eff. Feb. 4, 2014;Am. 2017, Act 157, Eff. Feb. 6, 2018.

333.1053 Execution of order; authorized persons; form; printed or typed names; signatures;witness; identification bracelet; possession; access.Sec. 3. (1) Subject to section 5, an individual who is 18 years of age or older and of sound mind may

execute a do-not-resuscitate order on his or her own behalf. A patient advocate of an individual who is 18years of age or older may execute a do-not-resuscitate order on behalf of that individual.

(2) An order executed under this section shall be on a form described in section 4. The order shall be datedand executed voluntarily and signed by each of the following persons:

(a) The declarant, the declarant's patient advocate, or another person who, at the time of the signing, is inthe presence of the declarant and acting pursuant to the directions of the declarant.

(b) The declarant's attending physician.(c) Two witnesses 18 years of age or older, at least 1 of whom is not the declarant's spouse, parent, child,

grandchild, sibling, or presumptive heir.(3) The names of all signatories shall be printed or typed below the corresponding signatures. A witness

shall not sign an order unless the declarant or the declarant's patient advocate appears to the witness to be ofsound mind and under no duress, fraud, or undue influence.

(4) At any time after an order is signed and witnessed, the declarant, the declarant's patient advocate, or anindividual designated by the declarant may apply an identification bracelet to the declarant's wrist.

(5) A declarant or patient advocate who executes an order under this section shall maintain possession ofthe order and shall have the order accessible within the declarant's place of residence or other setting outsideof a hospital.


333.1053a Execution of order by guardian on behalf of ward; form; signatures; printed ortyped names; witness; identification bracelet; possession; access.Sec. 3a. (1) A guardian with the power to execute a do-not-resuscitate order under section 5314 of the

estates and protected individuals code, 1998 PA 386, MCL 700.5314, may execute a do-not-resuscitate orderon behalf of a ward after complying with section 5314 of the estates and protected individuals code, 1998 PA386, MCL 700.5314.

(2) An order executed under this section shall be on a form described in section 4. The order shall be datedand executed voluntarily and signed by each of the following individuals:

(a) The guardian.(b) The ward's attending physician.(c) Two witnesses 18 years of age or older, at least 1 of whom is not the ward's spouse, parent, child,


shall not sign an order unless the guardian appears to the witness to be of sound mind and under no duress,fraud, or undue influence.

(4) At any time after an order is signed and witnessed, the guardian, the attending physician or his or herdelegatee, or an individual designated by the guardian may apply an identification bracelet to the ward's wrist.

(5) A guardian who executes an order under this section shall maintain possession of the order and shallhave the order accessible within the ward's place of residence or other setting outside of a hospital or, ifapplicable, provide a copy of the order to the administrator of a facility in which the ward is a patient orresident or to the administrator's designee.

History: Add. 2013, Act 155, Eff. Feb. 4, 2014.

333.1054 Execution of order; form; language.Sec. 4. A do-not-resuscitate order executed under section 3 or 3a shall include, but is not limited to, the

following language, and shall be in substantially the following form: "DO-NOT-RESUSCITATE ORDERThis do-not-resuscitate order is issued by_______________________________________, attending physician for_________________________________________.(Type or print declarant's or ward's name)Use the appropriate consent section below:



A. DECLARANT CONSENT I have discussed my health status with my physician namedabove. I request that in the event my heart and breathing shouldstop, no person shall attempt to resuscitate me. This order will remain in effect until it is revoked asprovided by law. Being of sound mind, I voluntarily execute this order, andI understand its full import._______________________________________ _______________ (Declarant's signature) (Date)_______________________________________ _______________ (Signature of person who signed for (Date) declarant, if applicable)_______________________________________ (Type or print full name)B. PATIENT ADVOCATE CONSENT I authorize that in the event the declarant's heart andbreathing should stop, no person shall attempt to resuscitatethe declarant. I understand the full import of this order andassume responsibility for its execution. This order will remainin effect until it is revoked as provided by law._______________________________________ _______________ (Patient advocate's signature) (Date)_______________________________________(Type or print patient advocate's name)C. GUARDIAN CONSENT I authorize that in the event the ward's heart and breathingshould stop, no person shall attempt to resuscitate the ward.I understand the full import of this order and assumeresponsibility for its execution. This order will remain ineffect until it is revoked as provided by law._______________________________________ _______________ (Guardian's signature) (Date)_______________________________________ (Type or print guardian's name)_______________________________________ _______________ (Physician's signature) (Date)_______________________________________ (Type or print physician's full name) ATTESTATION OF WITNESSES The individual who has executed this order appears to be ofsound mind, and under no duress, fraud, or undue influence.Upon executing this order, the declarant has (has not)receivedan identification bracelet.______________________________ ______________________________ (Witness signature) (Date) (Witness signature) (Date)______________________________ ______________________________(Type or print witness's name) (Type or print witness's name) THIS FORM WAS PREPARED PURSUANT TO, AND IS IN COMPLIANCE WITH, THE MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACT.".


333.1055 Persons depending on spiritual means through prayer for healing; execution oforder; form; signatures; printed or typed names; witness; identification bracelet;possession; access.Sec. 5. (1) An individual who is 18 years of age or older, of sound mind, and an adherent of a church or

religious denomination whose members depend upon spiritual means through prayer alone for healing mayexecute a do-not-resuscitate order on his or her own behalf. A patient advocate of an individual who is 18years of age or older and an adherent of a church or religious denomination whose members depend uponspiritual means through prayer alone for healing may execute a do-not-resuscitate order on behalf of that



individual.(2) An order executed under this section shall be on a form described in section 6. The order shall be dated

and executed voluntarily and signed by each of the following persons:(a) The declarant, the declarant's patient advocate, or another person who, at the time of the signing, is in

the presence of the declarant and acting pursuant to the directions of the declarant.(b) Two witnesses 18 years of age or older, at least 1 of whom is not the declarant's spouse, parent, child,


shall not sign an order unless the declarant or the declarant's patient advocate appears to the witness to be ofsound mind and under no duress, fraud, or undue influence.

(4) At any time after an order is signed and witnessed, the declarant, the declarant's patient advocate, or anindividual designated by the declarant may apply an identification bracelet to the declarant's wrist.

(5) A declarant or patient advocate who executes an order under this section shall maintain possession ofthe order and shall have the order accessible within the declarant's place of residence or other setting outsideof a hospital.


333.1056 Execution of order under MCL 333.1055; form.Sec. 6. A do-not-resuscitate order executed for an adherent of a church or religious denomination under

section 5 shall include, but is not limited to, the following language, and shall be in substantially the followingform: "DO-NOT-RESUSCITATE ORDERUse the appropriate consent section below:A. DECLARANT CONSENT I request that in the event my heart and breathing shouldstop, no person shall attempt to resuscitate me. This order will remain in effect until it is revoked asprovided by law. Being of sound mind, I voluntarily execute this order, andI understand its full import._______________________________________ _______________ (Declarant's signature) (Date)_______________________________________ (Type or print declarant's full name)_______________________________________ _______________ (Signature of person who signed for (Date) declarant, if applicable)_______________________________________ (Type or print full name)B. PATIENT ADVOCATE CONSENT I authorize that in the event the declarant's heart andbreathing should stop, no person shall attempt to resuscitatethe declarant. I understand the full import of this order andassume responsibility for its execution. This order will remainin effect until it is revoked as provided by law._______________________________________ _______________ (Patient advocate's signature) (Date)_______________________________________(Type or print patient advocate's name) ATTESTATION OF WITNESSES The individual who has executed this order appears to be ofsound mind, and under no duress, fraud, or undue influence.Upon executing this order, the declarant has (has not) receivedan identification bracelet.______________________________ ______________________________ (Witness signature) (Date) (Witness signature) (Date)______________________________ ______________________________(Type or print witness's name) (Type or print witness's name) THIS FORM WAS PREPARED PURSUANT TO, AND IS IN COMPLIANCE WITH, THE MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACT.".Rendered Tuesday, June 30, 2020 Page 7 Michigan Compiled Laws Complete Through PA 101 of 2020



333.1057 Identification bracelet.Sec. 7. (1) A do-not-resuscitate identification bracelet shall possess features that make it clearly

recognizable as a do-not-resuscitate identification bracelet including, but not limited to, all of the following:(a) The identification bracelet shall be imprinted with the words "DO-NOT-RESUSCITATE ORDER", the

name and address of the declarant, and the name and telephone number of the declarant's attending physician,if any.

(b) The words required under subdivision (a) shall be printed in a type size and style that is as easily readas practicable, given the size of the identification bracelet.

(2) An individual shall not apply a do-not-resuscitate identification bracelet to another individual unless heor she knows that the other individual is a declarant. An individual who violates this subsection is guilty of amisdemeanor, punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, orboth.

History: 1996, Act 193, Eff. Aug. 1, 1996.

333.1058 Copy of order as permanent medical record.Sec. 8. An attending physician who signs a declarant's do-not-resuscitate order under section 3 or 3a shall

immediately obtain a copy or a duplicate of the executed order and make that copy or duplicate part of thedeclarant's permanent medical record.


333.1059 Petition for review of order.Sec. 9. If a person interested in the welfare of the declarant has reason to believe that an order has been

executed contrary to the wishes of the declarant or, if the declarant is a ward, contrary to the wishes or bestinterests of the ward, the person may petition the probate court to have the order and the conditions of itsexecution reviewed. If the probate court finds that an order has been executed contrary to the wishes of thedeclarant or, if the declarant is a ward, contrary to the wishes or best interests of the ward, the probate courtshall issue an injunction voiding the effectiveness of the order and prohibiting compliance with the order.


333.1060 Revocation of order.Sec. 10. (1) A declarant may revoke an order executed by himself or herself or executed on his or her

behalf at any time and in any manner by which he or she is able to communicate his or her intent to revoke theorder. If the declarant's revocation is not in writing, an individual who observes the declarant's revocation ofthe order shall describe the circumstances of the revocation in writing, sign the writing, and deliver thewriting to the declarant's attending physician or his or her delegatee and, if the declarant is a patient orresident of a facility, to the administrator of the facility or the administrator's designee. A patient advocate orguardian may revoke an order on behalf of a declarant at any time by issuing the revocation in writing andprovide actual notice of the revocation by delivering the written revocation to the declarant's attendingphysician or his or her delegatee and, if the declarant is a patient or resident of a facility, to the administratorof the facility or the administrator's designee. Upon revocation, the declarant, patient advocate, guardian, orattending physician or his or her delegatee who has actual notice of a revocation of an order under this sectionshall do all of the following:

(a) Write "void" on all pages of the order.(b) If applicable, remove the declarant's do-not-resuscitate identification bracelet.(2) A physician or his or her delegatee who receives actual notice of a revocation of an order shall

immediately make the revocation, including, if available, the written description of the circumstances of therevocation required by subsection (1), part of the declarant's permanent medical record. The administrator of afacility or his or her designee who receives actual notice of a revocation of an order of a declarant who is apatient or resident of the facility shall immediately make the revocation part of the patient's or resident'spermanent medical record.

(3) A revocation of an order under this section is binding upon another person at the time that other personreceives actual notice of the revocation.


333.1061 Determination by health professional.Sec. 11. (1) One or more of the following health professionals who arrive at a declarant's location outside



of a hospital shall determine if the declarant has 1 or more vital signs, whether or not the health professionalviews or has actual notice of an order that is alleged to have been executed by the declarant or other personauthorized to execute an order on the declarant's behalf:

(a) A paramedic.(b) An emergency medical technician.(c) An emergency medical technician specialist.(d) A physician.(e) A nurse.(f) A medical first responder.(g) A respiratory therapist.(h) A physician's assistant.(2) If the health professional determines under subsection (1) that the declarant has no vital signs, and if

the health professional determines that the declarant is wearing a do-not-resuscitate identification bracelet orhas actual notice of a do-not-resuscitate order for the declarant, subject to section 11a, the health professionalshall not attempt to resuscitate the declarant.

History: 1996, Act 193, Eff. Aug. 1, 1996;Am. 2013, Act 155, Eff. Feb. 4, 2014;Am. 2017, Act 157, Eff. Feb. 6, 2018.

333.1061a Compliance with most recent order or form; "POST form" defined.Sec. 11a. (1) If a health professional described in section 11 has actual notice of a do-not-resuscitate order

and is aware of the existence of a validly executed POST form under part 56B of the public health code, MCL333.5671 to 333.5685, that contains a medical order regarding the initiation of resuscitation if the individualsuffers cessation of both spontaneous respiration and circulation, the health professional shall comply with themost recent order or form.

(2) As used in this section, "POST form" means that term as defined in section 5674 of the public healthcode, MCL 333.5674.

History: Add. 2017, Act 157, Eff. Feb. 6, 2018.

333.1062 Immunity from civil or criminal liability.Sec. 12. A person or organization is not subject to civil or criminal liability for withholding resuscitative

procedures from a declarant in accordance with this act.History: 1996, Act 193, Eff. Aug. 1, 1996.

333.1063 Immunity from civil or criminal liability; conditions.Sec. 13. A person or organization is not subject to civil or criminal liability for either of the following:(a) Attempting to resuscitate an individual who has executed a do-not-resuscitate order or on whose behalf

an order has been executed, if the person or organization has no actual notice of the order.(b) Failing to resuscitate an individual who has revoked a do-not-resuscitate order or on whose behalf a

do-not-resuscitate order has been revoked, if the person or organization does not receive actual notice of therevocation.


333.1064 Requirement to execute order prohibited.Sec. 14. A person or organization shall not require the execution of an order as a condition for insurance

coverage, admittance to a health care facility, receiving health care benefits or services, or any other reason.History: 1996, Act 193, Eff. Aug. 1, 1996;Am. 2013, Act 155, Eff. Feb. 4, 2014.

333.1065 Life insurer; prohibited acts.Sec. 15. A life insurer shall not do any of the following because of the execution or implementation of an

order:(a) Refuse to provide or continue coverage to the declarant.(b) Charge the declarant a higher premium.(c) Offer a declarant different policy terms because the declarant has executed an order.(d) Consider the terms of an existing policy of life insurance to have been breached or modified.(e) Invoke a suicide or intentional death exemption or exclusion in a policy covering the declarant.History: 1996, Act 193, Eff. Aug. 1, 1996.

333.1066 Legal rights not impaired or superseded; presumptions.Sec. 16. (1) The provisions of this act are cumulative and do not impair or supersede a legal right that an

individual may have to consent to or refuse medical treatment for himself or herself or that a parent, guardian,Rendered Tuesday, June 30, 2020 Page 9 Michigan Compiled Laws Complete Through PA 101 of 2020


or other individual may have to consent to or refuse medical treatment on behalf of another.(2) This act does not create a presumption concerning the intent of a person executing an order to consent

to or refuse medical treatment in circumstances other than the cessation of both spontaneous circulation andrespiration.

(3) This act does not create a presumption concerning the intent of an individual who has not executed anorder to consent to or refuse any type of medical treatment.


333.1067 Effective date.Sec. 17. This act shall take effect August 1, 1996.History: 1996, Act 193, Eff. Aug. 1, 1996.



BORN ALIVE INFANT PROTECTION ACTAct 687 of 2002

AN ACT to assert the state's interest in protecting all individuals; and to prescribe responsibilities andprocedures in regard to a newborn whose live birth results from an abortion.

History: 2002, Act 687, Eff. Mar. 31, 2003.


333.1071 Short title; definitions.Sec. 1. (1) This act shall be known and may be cited as the "born alive infant protection act".(2) As used in this act:(a) "Abortion" means that term as defined in section 17015 of the public health code, 1978 PA 368, MCL

333.17015.(b) "Live birth" means the complete expulsion or extraction of a product of conception from its mother,

regardless of the duration of the pregnancy, that after expulsion or extraction, whether or not the umbilicalcord has been cut or the placenta is attached, shows any evidence of life, including, but not limited to, 1 ormore of the following:

(i) Breathing.(ii) A heartbeat.(iii) Umbilical cord pulsation.(iv) Definite movement of voluntary muscles.History: 2002, Act 687, Eff. Mar. 31, 2003.

333.1072 Legislative findings.Sec. 2. The legislature finds all of the following:(a) The state has a paramount interest in protecting all individuals.(b) If an abortion results in the live birth of a newborn, the newborn is a legal person for all purposes under

the law.(c) A woman's right to terminate pregnancy ends when the pregnancy is terminated. It is not an

infringement on a woman's right to terminate her pregnancy for the state to assert its interest in protecting anewborn whose live birth occurs as the result of an abortion.


333.1073 Abortion resulting in live birth; surrender of newborn to emergency serviceprovider; medical care; report; confidentiality of newborn's mother and father;transmission of information to newborn's mother.Sec. 3. (1) If an abortion results in a live birth and, after being informed of the newborn's live birth, the

newborn's mother expresses a desire not to assume custody and responsibility for the newborn, by refusing toauthorize all necessary life sustaining medical treatment for the newborn or releasing the newborn foradoption, the newborn shall be considered a newborn who has been surrendered to an emergency serviceprovider under the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288,MCL 712.1 to 712.20. The procedures of the safe delivery of newborns law, chapter XII of the probate codeof 1939, 1939 PA 288, MCL 712.1 to 712.20, shall be followed in regard to the custody and care of thenewborn.

(2) If an abortion performed in a hospital setting results in a live birth, the physician attending the abortionshall provide immediate medical care to the newborn, inform the mother of the live birth, and request transferof the newborn to a resident, on-duty, or emergency room physician who shall provide medical care to thenewborn. If an abortion performed in other than a hospital setting results in a live birth, a physician attendingthe abortion shall provide immediate medical care to the newborn and call 9-1-1 for an emergency transfer ofthe newborn to a hospital that shall provide medical care to the newborn.

(3) A live birth described in this act shall be reported as required in section 2822 of the public health code,1978 PA 368, MCL 333.2822.

(4) If a newborn is considered a newborn who has been surrendered to an emergency service providerunder the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1to 712.20, as provided in subsection (1), the identity of the newborn's mother and father becomes confidentialand shall not be revealed, either orally or in writing.

(5) The attending physician who transfers care of a live newborn under this section to another physician orRendered Tuesday, June 30, 2020 Page 11 Michigan Compiled Laws Complete Through PA 101 of 2020


a 9-1-1 emergency responder shall transmit to the mother of the newborn any information provided to theattending physician by the emergency service provider who received custody of the newborn under the safedelivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, asprovided in section 3 of the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA288, MCL 712.3.




LEGAL BIRTH DEFINITION ACTAct 135 of 2004

An initiation of Legislation to define legal birth and the commencing of legal personhood and rights; andto provide immunity for certain acts.


Constitutionality: The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planningv Cox (docket Nos. 05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizenpetition, is unconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undueburden on a woman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect thehealth of the woman, and because it was void for vagueness due to its confusing language."

Compiler's note: This new act was proposed by initiative petition pursuant to Const 1963, art 2, § 9. On June 9, 2004, the initiativepetition was approved by an affirmative vote of the majority of the Senators elect and filed with the Secretary of State. On June 9, 2004,the initiative petition was approved by an affirmative vote of the majority of the Members elect of the House of Representatives and filedwith the Secretary of State. The Legislature did not vote pursuant to Const 1963, art 4, § 27, to give immediate effect to this enactment.


333.1081 Short title.Sec. 1. This act shall be known and may be cited as the "legal birth definition act".History: 2004, Act 135, Eff. Mar. 30, 2005.

Constitutionality: The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planningv Cox (docket Nos. 05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizenpetition, is unconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undueburden on a woman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect thehealth of the woman, and because it was void for vagueness due to its confusing language."

333.1082 Findings.Sec. 2. The following findings are hereby made:(a) That in Roe v Wade the United States supreme court declared that an unborn child is not a person as

understood and protected by the constitution, but any born child is a legal person with full constitutional andlegal rights.

(b) That in Roe v Wade the United States supreme court made no effort to define birth or place anyrestrictions on the states in defining when a human being is considered born for legal purposes.

(c) That, when any portion of a human being has been vaginally delivered outside his or her mother's body,that portion of the body can only be described as born and the state has a rational basis for defining thathuman being as born and as a legal person.

(d) That the state has a compelling interest in protecting the life of a born person.History: 2004, Act 135, Eff. Mar. 30, 2005.

Constitutionality: In Northland Family Planning Clinic v Cox, 396 F Supp 2d 978 (2005), the federal court for the Eastern Districtof Michigan held that the legal definition of birth act is unconstitutional because it places an undue burden on a woman's right to anabortion, does not provide a sufficient maternal health exception, requires the physician to balance the maternal and neonatal interests inthe life exception, and fails to give clear notice of the activities that are prohibited. (The case is now on appeal to 6th circuit.)

The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planning v Cox (docket Nos.05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizen petition, isunconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undue burden on awoman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect the health of thewoman, and because it was void for vagueness due to its confusing language."

333.1083 Perinate as legally born person; immunity.Sec. 3. (1) A perinate shall be considered a legally born person for all purposes under the law.(2) A physician or an individual performing an act, task, or function under the delegatory authority of a

physician is immune from criminal, civil, or administrative liability for performing any procedure that resultsin injury or death of a perinate while completing the delivery of the perinate under any of the followingcircumstances:

(a) If the perinate is being expelled from the mother's body as a result of a spontaneous abortion.(b) If in that physician's reasonable medical judgment and in compliance with the applicable standard of

practice and care, the procedure was necessary in either of the following circumstances:(i) To save the life of the mother and every reasonable effort was made to preserve the life of both the

mother and the perinate.(ii) To avert an imminent threat to the physical health of the mother, and any harm to the perinate was

incidental to treating the mother and not a known or intended result of the procedure performed.Rendered Tuesday, June 30, 2020 Page 13 Michigan Compiled Laws Complete Through PA 101 of 2020





333.1084 Existing right, privilege, or protection.Sec. 4. Nothing in this act shall abrogate any existing right, privilege, or protection under criminal or civil

law that applies to an embryo or fetus.History: 2004, Act 135, Eff. Mar. 30, 2005.



333.1085 Definitions.Sec. 5. As used in this act:(a) "Anatomical part" means any portion of the anatomy of a human being that has not been severed from

the body, but not including the umbilical cord or placenta.(b) "Imminent threat to the physical health" means a physical condition that if left untreated would result in

substantial and irreversible impairment of a major bodily function.(c) "Live" means demonstrating 1 or more of the following biological functions:(i) A detectable heartbeat.(ii) Evidence of breathing.(iii) Evidence of spontaneous movement.(iv) Umbilical cord pulsation.(d) "Perinate" means a live human being at any point after which any anatomical part of the human being

is know to have passed beyond the plane of the vaginal introitus until the point of complete expulsion orextraction from the mother's body.

(e) "Physician" means an individual licensed by the state to engage in the practice of medicine orosteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to333.18838.






ALLOCATION OF FUNDS TO FAMILY PLANNING SERVICESAct 360 of 2002

AN ACT to revise the priority of allocation of funds for certain programs and services administered by thedepartment of community health; and to prescribe the powers and duties of certain state agencies anddepartments.



333.1091 Family planning or reproductive services; allocation of funds.Sec. 1. (1) Except as otherwise provided in this section, it is the policy of this state for the department of

community health to give priority under this subsection in the allocation of funds through grants or contractsfor educational and other programs and services administered by the department of community health andprimarily pertaining to family planning or reproductive health services, or both. This subsection applies togrants or contracts awarded to a qualified entity that does not engage in 1 or more of the following activities:

(a) Performing elective abortions or allowing the performance of elective abortions within a facility ownedor operated by the qualified entity.

(b) Referring a pregnant woman to an abortion provider for an elective abortion.(c) Adopting or maintaining a policy in writing that elective abortion is considered part of a continuum of

family planning or reproductive health services, or both.(2) If each of the entities applying for a grant or contract described in subsection (1) engages in 1 or more

of the activities listed in subsection (1)(a) to (c), the department of community health shall give priority tothose entities that engage in the least number of activities listed in subsection (1)(a) to (c).

(3) Subsection (1) does not apply if the only applying entity for a grant or contract described in subsection(1) engages in 1 or more of the activities listed in subsection (1)(a) to (c).

(4) Subsection (1) does not apply to grants or contracts awarded by the department of community healthother than family planning and pregnancy prevention awards under subpart a of part 59 of title 42 of the Codeof Federal Regulations or state appropriated family planning or pregnancy prevention funds.

(5) In applying the priority established in subsection (1), the department of community health shall not takeinto consideration an activity listed in subsection (1)(a) to (c) if participating in that activity is required underfederal law as a qualification for receiving federal funding.

(6) If an entity applying for a contract or grant described in subsection (1) is affiliated with another entitythat engages in 1 or more of the activities listed in subsection (1)(a) to (c), the applying entity shall, forpurposes of awarding a grant or contract under subsection (1), be considered independent of the affiliatedentity if all of the following conditions are met:

(a) The physical properties and equipment of the applying entity are separate and not shared with theaffiliated entity.

(b) The financial records of the applying entity and affiliated entity demonstrate that the affiliated entityreceives no funds from the applying entity.

(c) The paid personnel of the applying entity do not perform any function or duty on behalf of the affiliatedentity while on the physical property of the applying entity or during the hours the personnel are being paid bythe applying entity.

(7) The department of community health shall award grants and contracts to qualified entities under this actto ensure that family planning services are adequately available and distributed in a manner that is reflectiveof the geographic and population diversity of this state. A qualified entity that is awarded a grant or contractmust also be capable of serving the patient census reflected in the contract or grant for which the qualifiedentity is applying.

(8) As used in this act:(a) "Affiliated" means the sharing between entities of 1 or more of the following:(i) A common name or other identifier.(ii) Members of a governing board.(iii) A director.(iv) Paid personnel.(b) "Elective abortion" means the performance of a procedure involving the intentional use of an

instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than toincrease the probability of a live birth, to preserve the life or health of the child after live birth, or to remove adead fetus. Elective abortion does not include either of the following:Rendered Tuesday, June 30, 2020 Page 15 Michigan Compiled Laws Complete Through PA 101 of 2020


(i) The use or prescription of a drug or device intended as a contraceptive.(ii) The intentional use of an instrument, drug, or other substance or device by a physician to terminate a

woman's pregnancy if the woman's physical condition, in the physician's reasonable medical judgment,necessitates the termination of the woman's pregnancy to avert her death.

(c) "Entity" means a local agency, organization, or corporation or a subdivision, contractee, subcontractee,or grant recipient of a local agency, organization, or corporation.

(d) "Qualified entity" means an entity reviewed and determined by the department of community health tobe technically and logistically capable of providing the quality and quantity of services required within a costrange considered appropriate by the department.




PUBLIC HEALTH CODEAct 368 of 1978

AN ACT to protect and promote the public health; to codify, revise, consolidate, classify, and add to thelaws relating to public health; to provide for the prevention and control of diseases and disabilities; to providefor the classification, administration, regulation, financing, and maintenance of personal, environmental, andother health services and activities; to create or continue, and prescribe the powers and duties of, departments,boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers andduties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting thepublic health; to regulate health maintenance organizations and certain third party administrators and insurers;to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain healthfacilities or agencies; to promote the efficient and economical delivery of health care services, to provide forthe appropriate utilization of health care facilities and services, and to provide for the closure of hospitals orconsolidation of hospitals or services; to provide for the collection and use of data and information; to providefor the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale andoffering for sale of drug paraphernalia under certain circumstances; to provide for the implementation offederal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and localordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repealcertain parts of this act; and to repeal certain parts of this act on specific dates.

History: 1978, Act 368, Eff. Sept. 30, 1978;Am. 1985, Act 198, Eff. Mar. 31, 1986;Am. 1988, Act 60, Eff. Aug. 1, 1989;Am.1988, Act 139, Imd. Eff. June 3, 1988;Am. 1993, Act 361, Eff. Sept. 1, 1994;Am. 1994, Act 170, Imd. Eff. June 17, 1994;Am.1998, Act 332, Imd. Eff. Aug. 10, 1998;Am. 2002, Act 303, Imd. Eff. May 10, 2002;Am. 2003, Act 234, Imd. Eff. Dec. 29, 2003.

Compiler's note: For transfer of the Department of Insurance and Office of the Commissioner on Insurance from the Department ofLicensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the MichiganCompiled Laws.

For transfer of powers and duties of certain health-related functions, boards, and commissions from the Department of Licensing andRegulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.

For transfer of powers and duties of licensing of substance abuse programs and certification of substance abuse workers in thedivision of program standards, evaluation, and data services of the center for substance abuse services, from the department of publichealth to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan CompiledLaws.

Popular name: Act 368


ARTICLE 1PRELIMINARY PROVISIONS

PART 11SHORT TITLE, GENERAL DEFINITIONS, AND CONSTRUCTION

333.1101 Short title.Sec. 1101. This act shall be known and may be cited as the "public health code".History: 1978, Act 368, Eff. Sept. 30, 1978.

Compiler's note: For transfer of powers and duties of licensing of substance abuse programs and certification of substance abuseworkers in the division of program standards, evaluation, and data services of the center for substance abuse services, from thedepartment of public health to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of theMichigan Compiled Laws.


333.1103 Meanings of words and phrases.Sec. 1103. For purposes of this code, the words and phrases defined in sections 1104 to 1108 have the

meanings ascribed to them in those sections. These definitions, unless the context requires otherwise, apply touse of the defined terms in this code. Other definitions applicable to specific articles, parts, or sections of thecode are found in those articles, parts, or sections.

History: 1978, Act 368, Eff. Sept. 30, 1978.


333.1104 Definitions; A to G.Sec. 1104. (1) "Acknowledgment of parentage" means an acknowledgment executed as provided in the



acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.(2) "Administrative procedures act of 1969" means the administrative procedures act of 1969, 1969 PA

306, MCL 24.201 to 24.328, or a successor act.(3) "Adult" means an individual 18 years of age or older.(4) "Code" means this act.(5) "Department", except as provided in articles 8, 15, and 17, means the department of health and human

services.(6) "Director", except as provided in articles 8, 15, and 17, means the director of health and human

services.(7) "Governmental entity" means a government, governmental subdivision or agency, or public

corporation.History: 1978, Act 368, Eff. Sept. 30, 1978;Am. 1996, Act 307, Eff. June 1, 1997;Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013;

Am. 2015, Act 155, Eff. Jan. 18, 2016.Popular name: Act 368

333.1105 Definitions; I to M.Sec. 1105. (1) "Individual" means a natural person.(2) "Local health department" means:(a) A county health department of a single county provided pursuant to section 2413 and its board of

health, if any.(b) A district health department created pursuant to section 2415 and its board of health.(c) A city health department created pursuant to section 2421 and its board of health, if any.(d) Any other local agency approved by the department under part 24.(3) "Local health officer" means the individual in charge of a local health department or his or her

authorized representative.(4) "Magistrate" means a judge authorized to issue warrants by the laws of this state.(5) "Minor" means an individual under 18 years of age.History: 1978, Act 368, Eff. Sept. 30, 1978.


333.1106 Definitions.Sec. 1106. (1) "Opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally

safe drug approved by the federal food and drug administration for the treatment of drug overdose.(2) "Opioid-related overdose" means a condition, including, but not limited to, extreme physical illness,

decreased level of consciousness, respiratory depression, coma, or death, that results from the consumption oruse of an opioid or another substance with which an opioid was combined or that a layperson wouldreasonably believe to be an opioid-related overdose that requires medical assistance.

(3) "Parentage registry" means the department's compilation of data concerning children's parentage, whichdata the department receives from any source, including, but not limited to, a copy of an order of filiationfrom the circuit court or an acknowledgment of paternity or parentage under this act, under section 2114 ofthe estates and protected individuals code, 1998 PA 386, MCL 700.2114, or under the acknowledgment ofparentage act, 1996 PA 305, MCL 722.1001 to 722.1013.

(4) "Person" means an individual, partnership, cooperative, association, private corporation, personalrepresentative, receiver, trustee, assignee, or other legal entity. Person does not include a governmental entityunless specifically provided.

History: 1978, Act 368, Eff. Sept. 30, 1978;Am. 1996, Act 307, Imd. Eff. June 20, 1996;Am. 2000, Act 58, Eff. Apr. 1, 2000;Am. 2014, Act 311, Imd. Eff. Oct. 14, 2014.


333.1108 Definitions; R, S.Sec. 1108. (1) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969.(2) "State" means a state, district, territory, commonwealth, or insular possession of the United States or

any area subject to the lawful authority of the United States.History: 1978, Act 368, Eff. Sept. 30, 1978.


333.1111 Intent and construction of code.Sec. 1111. (1) This code is intended to be consistent with applicable federal and state law and shall be



construed, when necessary, to achieve that consistency.(2) This code shall be liberally construed for the protection of the health, safety, and welfare of the people

of this state.History: 1978, Act 368, Eff. Sept. 30, 1978.


333.1113 Headings or titles of code.Sec. 1113. A heading or title of an article or part of this code shall not be considered as a part of this code

or be used to construe the code more broadly or narrowly than the text of the code sections would indicate,but shall be considered as inserted for convenience to users of this code.



333.1114 Prohibited construction of code.Sec. 1114. (1) This code shall not be construed to vest authority in the department for programs or

activities otherwise delegated by state or federal law or rules to another department of state government.(2) This code shall not be construed to divest or reduce authority or responsibility for mental health

services or responsibilities vested in state or local mental health agencies by Act No. 258 of the Public Acts of1974, as amended, being sections 330.1001 to 330.2106 of the Michigan Compiled Laws, or rulespromulgated pursuant to that act.



333.1115 Controlling provisions.Sec. 1115. A state statute, a rule of the department, or an applicable local health department regulation

shall control over a less stringent or inconsistent provision enacted by a local governmental entity for theprotection of public health.



333.1117 References to repealed or rescinded provisions.Sec. 1117. If a provision of a statute referred to in this code or in a rule authorized or recognized by this

code is repealed, or if a provision of a rule authorized or recognized by this code is rescinded, and theprovision is substantially reenacted or repromulgated, a reference in this code or the rule to the repealed orrescinded provision is considered a reference to the reenacted or repromulgated provision.



PART 12GENERAL PROVISIONS

333.1201 Delaying promulgation of new rules.Sec. 1201. When the department is directed to promulgate rules by this code and rules exist on the date the

requirement to promulgate takes effect, which rules the department believes adequately cover the matter, thedepartment may delay the promulgation of new rules until the department considers it advisable.



333.1203 Approval of certain plans or issuance of certain permits pursuant to code; effect.Sec. 1203. The approval of plans or the issuance of a permit pursuant to this code which involves the

construction, alteration, or renovation of a building, structure, or premises, the use of a site, or the installationor alteration of equipment does not relieve the person receiving the approval or permit from complying withall consistent applicable provisions of building and construction laws, zoning requirements, and other stateand local statutes, charters, ordinances, rules, regulations, and orders.



333.1205 Contested case hearing; appeal.Sec. 1205. (1) An applicant, licensee, or other person whose legal rights, duties, or privileges are required



by this code to be determined by the department, after an opportunity for a hearing, has the right to acontested case hearing in the matter, which shall be conducted pursuant to the administrative procedures actof 1969 and authorized rules governing the hearing.

(2) The decision, finding, or order of the department entered after the hearing may be appealed as providedby the administrative procedures act of 1969, except where otherwise provided by this code.



333.1211 Expired. 1978, Act 368, Eff. Sept. 30, 1981.Compiler's note: The expired section pertained to transfer of property, personnel, and funds to successor agency.


333.1212 Members of predecessor agency; continuation in office.Sec. 1212. When a board, committee, council, or other agency created by or pursuant to this code was

preceded by an agency with the same or similar name and functions, members of the predecessor agency shallcontinue in office for the duration of the terms of office for which they were appointed and with the newmembers appointed shall constitute the new agency. Members shall be appointed under this code only asterms of the former members expire or vacancies occur. Members of the predecessor agency may beappointed to the new agency to succeed themselves subject to the limits for the total period of service set forthin this code.



333.1213 Members of successor agency; increase or decrease in number.Sec. 1213. (1) When the number of members of a successor agency is increased by this code, additional

members shall be appointed to meet the number required for initial terms that will conform to the expirationof terms prescribed by this code. If the code would permit a choice between longer and shorter terms,appointments shall be made for the longer terms.

(2) When the number of members of a successor agency is decreased by this code, appointments shall notbe made until the number of members in office falls below the total membership prescribed for the successoragency.



333.1214 New agency not succeeding former agency; terms of office.Sec. 1214. When a new agency created by this code is not a successor to a former agency and the regular

terms of office of its members are 4 years, the highest whole number of its initial members resulting from adivision of the total number of members by 4 shall be appointed for terms of 1, 2, 3, and 4 years. The terms ofoffice of an excess number of members resulting from a calculation of fourths shall be for, and spread equallyover, the longer terms.



333.1216 Travel or other expenses; payment.Sec. 1216. Travel or other expenses, or both, incurred by a public officer, agent, or employee in the

performance of official functions authorized by this code which are payable out of appropriations shall bepaid pursuant to the latest standardized travel regulations of the department of management and budget.



333.1221 Expired. 1978, Act 368, Eff. Sept. 30, 1983.Compiler's note: The expired section pertained to the extension of outstanding license, registration, certificate, or permit beyond

stated expiration date.


333.1222 Renewals; distribution of work; pro rata fee; waiver.Sec. 1222. (1) In order to distribute the work of renewals in the interests of administrative efficiency, the

appropriate state agency may:(a) Schedule expirations established under section 16194 or otherwise under law to spread them over each



year of a biennium or longer term.(b) Issue initial licenses in the interim during a normal term to expire on the next normal expiration date or

the first normal expiration date thereafter, and prorate the fees therefor.(2) The issuing agency shall collect, before a renewal is issued under section 1221 or this section, a pro

rata fee for the period of the extension granted under section 1221 or this section. However, to saveadministrative costs, the agency may waive this fee for an extension of not more than 2 months.



333.1291 Obstruction of person enforcing health law.Sec. 1291. A person shall not wilfully oppose or obstruct a department representative, health officer, or any

other person charged with enforcement of a health law in the performance of that person's legal duty toenforce that law.



333.1299 Violation as misdemeanor; prosecution.Sec. 1299. (1) A person who violates a provision of this code for which a penalty is not otherwise provided

is guilty of a misdemeanor.(2) A prosecuting attorney having jurisdiction and the attorney general knowing of a violation of this code,

a rule promulgated under this code, or a local health department regulation the violation of which ispunishable by a criminal penalty may prosecute the violator.



ARTICLE 2ADMINISTRATION

PART 22STATE DEPARTMENT OF PUBLIC HEALTH

333.2201 Department of public health and office of director of public health continued.Sec. 2201. The department of public health and the office of the director of public health created by

sections 425 and 426 of Act No. 380 of the Public Acts of 1965, being sections 16.525 and 16.526 of theMichigan Compiled Laws, shall continue under this code.


Compiler's note: For transfer of powers and duties of the division of occupational health in the bureau of environmental andoccupational health, with the exception of dry cleaning unit, from the department of public health to the director of the department oflabor, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.

For transfer of certain powers and duties of the office of policy, planning and evaluation from the department of public health to thedirector of the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.


333.2202 Director of public health; appointment, term, and qualifications; designation andresponsibility of chief medical executive; “administrative experience” defined.Sec. 2202. (1) The governor shall appoint the director of public health by the method and for a term

prescribed by section 508 of Act No. 380 of the Public Acts of 1965, being section 16.608 of the MichiganCompiled Laws. The director shall be qualified in the general field of health administration. Qualificationmay be demonstrated by either of the following:

(a) Not less than 8 years administrative experience of which not less than 5 years have been in the field ofhealth administration.

(b) A degree beyond the level of baccalaureate in a field related to public health or administration, and notless than 5 years of administrative experience in the field of health administration.

(2) If the director is not a physician, the director shall designate a physician as chief medical executive ofthe department. The chief medical executive shall be a full-time employee and shall be responsible to thedirector for the medical content of policies and programs.

(3) As used in this section, "administrative experience" means service in a management or supervisorycapacity.




Compiler's note: For transfer of certain powers and duties of the chief medical executive from the department of public health to thedirector of the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.

For transfer of powers and duties of chief medical executive to the new chief medical executive in the office of chief medicalexecutive created within the department of health and human services, and abolishment of the position of chief medical executive, seeE.R.O. No. 2016-4, compiled at MCL 333.26369.


333.2204 Director of public health; salary; full-time performance of functions; expenses.Sec. 2204. The director shall receive an annual salary appropriated by the legislature and payable in the

same manner as salaries of other state officers. The director's full time shall be devoted to the performance ofthe functions of the director's office. The director shall receive expenses necessarily incurred in theperformance of official functions.



333.2205 Assignment, vesting, and exercise of functions; internal organization ofdepartment; allocation and reallocation of duties and functions.Sec. 2205. (1) A function assigned by this code to the department vests in the director or in an employee or

agent of the department designated by the director, or in any employee or agent of the department who isassigned the function in accordance with internal administrative procedures of the department established bythe director. A function vested by law in a nonautonomous entity of the department may be exercised by thedirector.

(2) As provided in section 7 of Act No. 380 of the Public Acts of 1965, being section 16.107 of theMichigan Compiled Laws, and except as otherwise provided by law, the director with the approval of thegovernor may establish the internal organization of the department and to allocate and reallocate duties andfunctions to provide economic and efficient administration and operation of the department.



333.2208 Public health advisory council; creation; appointment, qualifications, and terms ofmembers; removal; vacancy.Sec. 2208. (1) The public health advisory council is created in the department. The public health advisory

council shall consist of 16 members. Initial members of the public health advisory council shall include thoseindividuals currently appointed to the advisory council created under section 506 of Act No. 380 of the PublicActs of 1965, being section 16.606 of the Michigan Compiled Laws, who shall serve for the remainder oftheir terms under that section.

(2) The advisory council shall represent consumers and providers of health care representative of thepopulation as to sex, race, and ethnicity and shall include representatives of a local governing entity asdefined in part 24 and a local health department. New members shall be appointed by the governor with theadvice and consent of the senate. Except for initial members, a member of the public health advisory councilshall serve for a term of 4 years or until a successor is appointed. After the effective date of this part, anindividual shall not serve more than 2 full terms and 1 partial term, consecutive or otherwise.

(3) The director may request the governor to remove a member from the public health advisory council atany time for good cause.

(4) A vacancy shall be filled in the same manner as an original appointment for the balance of theunexpired term.


Compiler's note: For transfer of powers and duties of the public health advisory council to the director of the department ofcommunity health and abolishment of the council, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.


333.2209 Public health advisory council; election and terms of chairperson andvice-chairperson; quorum; reimbursement; staff support.Sec. 2209. (1) The public health advisory council shall elect a chairperson and vice-chairperson for terms

of 2 years and shall determine the number of voting members constituting a quorum for the transaction ofbusiness.

(2) Public health advisory council members shall be reimbursed pursuant to section 1216.(3) The department shall provide staff support to the public health advisory council.History: 1978, Act 368, Eff. Sept. 30, 1978.





333.2210 Public health advisory council; powers and duties generally.Sec. 2210. (1) The public health advisory council shall advise and consult with the director on public

health programs and policies.(2) The public health advisory council may:(a) Study issues, problems, and programs which the council and director jointly determine are of priority in

the implementation of the responsibilities of the state and local health departments.(b) Advise the director on selected issues related to health planning and department implementation of

long-term health policies.(c) Make recommendations as to the department's state health plan development responsibilities and duties

delegated to the department pursuant to law.(d) Make recommendations as to the activities of all advisory committees, councils, boards, task forces,

and commissions created in the department under this code or any other law and report annually to thedirector on the activities of those entities with particular attention to areas of overlapping functions andactivities.

(e) Provide other assistance the director reasonably requests.History: 1978, Act 368, Eff. Sept. 30, 1978.



333.2211 Coordination between local health departments and local health planning agencies;review; annual assessment; information.Sec. 2211. (1) In each of the 3 years immediately after the effective date of this part, the public health

advisory council shall review the coordination between local health departments and local health planningagencies, and make annual assessments by January 1 of those years to the director including actions whichshould be taken to improve coordination. The annual assessment shall be available to the governor,legislature, county boards of commissioners, local health departments, health planning agencies, and otherinterested persons.

(2) The department shall provide the public health advisory council with information necessary to carry outits functions under this code.




333.2213 Task forces.Sec. 2213. (1) The public health advisory council may appoint task forces composed of council members

and other individuals in a number the council determines is appropriate when the council determines thateither of the following exists:

(a) A task force is appropriate to provide professional or technical expertise related to a department orcouncil function under this code.

(b) A task force is appropriate to provide additional public participation in a department or council functionunder this code.

(2) The department may request that the public health advisory council establish a task force when thedepartment determines that the task force is appropriate to the functions vested in the department by this code.




333.2215 Termination of advisory committee or task force; exception; review of advisorycouncil, commission, board, task force, or body.Sec. 2215. (1) An advisory committee to the department created in this code or task force created under

section 2213 shall terminate 2 years after the date of its creation or renewal unless the public health advisorycouncil not later than 90 days before an advisory committee is to terminate reviews the need for the continuedRendered Tuesday, June 30, 2020 Page 23 Michigan Compiled Laws Complete Through PA 101 of 2020


existence of the advisory committee or task force and thereafter recommends its continuance.(2) Upon the recommendation of the public health advisory council the director may reappoint or request

reappointment of an advisory committee which would have been otherwise terminated pursuant to subsection(1). Subsection (1) does not apply to advisory councils, commissions, boards, task forces, or other advisorybodies which are not specifically designated as advisory committees.

(3) Not later than 2 years after the effective date of this code, and biennially thereafter, the public healthadvisory council shall review and advise the director on the need for, and alternatives to, each advisorycouncil, commission, board, task force, or body established in the department.




333.2221 Organized programs to prevent disease, prolong life, and promote public health;duties of department.Sec. 2221. (1) Pursuant to section 51 of article 4 of the state constitution of 1963, the department shall

continually and diligently endeavor to prevent disease, prolong life, and promote the public health throughorganized programs, including prevention and control of environmental health hazards; prevention andcontrol of diseases; prevention and control of health problems of particularly vulnerable population groups;development of health care facilities and agencies and health services delivery systems; and regulation ofhealth care facilities and agencies and health services delivery systems to the extent provided by law.

(2) The department shall:(a) Have general supervision of the interests of the health and life of the people of this state.(b) Implement and enforce laws for which responsibility is vested in the department.(c) Collect and utilize vital and health statistics and provide for epidemiological and other research studies

for the purpose of protecting the public health.(d) Make investigations and inquiries as to:(i) The causes of disease and especially of epidemics.(ii) The causes of morbidity and mortality.(iii) The causes, prevention, and control of environmental health hazards, nuisances, and sources of illness.(e) Plan, implement, and evaluate health education by the provision of expert technical assistance and

financial support.(f) Take appropriate affirmative action to promote equal employment opportunity within the department

and local health departments and to promote equal access to governmental financed health services to allindividuals in the state in need of service.

(g) Have powers necessary or appropriate to perform the duties and exercise the powers given by law tothe department and which are not otherwise prohibited by law.

(h) Plan, implement, and evaluate nutrition services by the provision of expert technical assistance andfinancial support.



333.2223 Biennial plan for rural health; preparation; submission to standing committees.Sec. 2223. The center for rural health created under section 2612, in consultation with the department and

professional associations representing health facilities and health professions, shall prepare a biennial plan forrural health. The center for rural health, in consultation with the department, shall submit the plan to thestanding committees in the senate and house of representatives with jurisdiction over matters pertaining topublic health.

History: Add. 1990, Act 125, Imd. Eff. June 26, 1990.

Compiler's note: For transfer of certain powers and duties of the center for rural health from the department of public health to thedirector of the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.

For transfer of powers and duties of the center for rural health to the director of the department of community health and abolishmentof the center, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.


333.2224 Promotion of local health services; coordination and integration of public healthservices.Sec. 2224. Pursuant to this code, the department shall promote an adequate and appropriate system of local



health services throughout the state and shall endeavor to develop and establish arrangements and proceduresfor the effective coordination and integration of all public health services including effective cooperationbetween public and nonpublic entities to provide a unified system of statewide health care.



333.2226 Powers of department.Sec. 2226. The department may:(a) Engage in research programs and staff professional training programs.(b) Advise governmental entities or other persons as to the location, drainage, water supply, disposal of

solid waste, heating, and ventilation of buildings.(c) Enter into an agreement, contract, or arrangement with governmental entities or other persons necessary

or appropriate to assist the department in carrying out its duties and functions.(d) Exercise authority and promulgate rules to safeguard properly the public health; to prevent the spread

of diseases and the existence of sources of contamin

Documents

CHAPTER 333. HEALTH IMPLEMENTATION OF …S(hwzxwa3m4yftfvx0srtetpbf...CHAPTER 333. HEALTH IMPLEMENTATION OF PUBLIC HEALTH CODE Act 443 of 1978 333.1001-333.1007 Expired. 1978, Act