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Mich. Comp. Laws Ann. § 333.17020 - Genetic test; informed consent

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A provider must receive written, informed consent from the patient before ordering a presymptomatic or genetic test.  The information provided by the physician must include who will have access to the test sample and results.  Informed consent is defined as a signed writing executed by the subject of the genetic test (the patient) or the legally authorized representative of the test subject that demonstrates that the physician has explained and the patient understands the nature and purpose of the genetic test, the test’s limitations, the risks and benefits of taking such a test, the future uses of the sample taken, the meaning of the test results, who will have access to the sample, and the test patient’s right to confidentiality of the sample and information. 

The Michigan Department of Community Health must formulate a model informed consent form that practitioners can adopt, and distribute it to physicians.  If a test subject signs the model informed consent form, the physician must give the test subject a copy and include the original in the patient’s medical record.  If a test subject signs the model informed consent form, the test subject is barred from bringing a civil lawsuit against the physician based on the failure to obtain informed consent for a presymptomatic or genetic test. 


Current as of June 2015