Relevant Michigan Regulations
In addition to the federal regulations, state law and health codes also govern research on human subjects. There are at least 7 sets of such regulations.
Mental Health Code
MCL §§ 330.1116 - 330.2004a
- This statute references the confidentiality of mental health patients whose information is used in outside research (it should be maintained, as a general matter), including mental health patients who are prisoners. (See 45 C.F.R. § 46.301(b).)
Public Health Code
MCL §§ 333.1101 - 333.25211
This broad statute is intended to protect and promote the public health. For purposes pertaining to research:
- the statute states that information shared with the Department of Community Health in the conduct of a medical research project (including projects involving birth defects) is confidential (MCL §§ 333.2631 and 333.5721);
- the statute prohibits the use of a live human embryo, fetus, or neonate for nontherapeutic research if the life of the embryo, fetus, or neonate is jeopardized by the research (MCL § 333.2685);
- the statute states that research records pertaining to patients with HIV are confidential (MCL § 333.5131).
Human Cloning Funding Prohibition Act
MCL §§ 333.26401 - 333.26406
- This Act prohibits the expenditure of state funds for the purpose of human cloning. It does not prohibit the use of state funds for scientific research that does not involve the use of human somatic cell nuclear transfer technology to produce a human embryo.
- See also §§ 333.16274 and 333.16275 of the Michigan Public Health Code.
- See also § 750.430a of the Michigan Penal Code which states that a person who intentionally engages or attempts to engage in human cloning is guilty of a felony and faces imprisonment of up to 10 years and/or a fine of up to $10,000,000.
Status of Minors and Child Support
MCL §§ 722.1 - 722.6
- This statute defines minors as persons under 18 years of age. It also sets forth the circumstances that lead to the emancipation of a minor and states that emancipated minors have the right to consent to their own preventive healthcare.
Age of Majority Act of 1971
MCL §§ 722.51 - 722.55
- This Act defines the age of majority and defines the duties, liabilities, responsibilities, rights and legal capacity of persons 18 or more years of age.
Child Protection Law
MCL §§ 722.621 - 722.638
- With respect to research, this statute allows the Family Independence Agency to provide a person engaging in research pertaining to child abuse with information contained in the states central registry, on the understanding that the person receiving such information will not disclose identifying information without a family’s prior consent.
Mental Health and Substance Abuse Services - Rules
- In these rules, the Michigan Department of Community Health states that research initiated, conducted, or supported by the Department must be subject to the administrative rules, department policies, and must follow federal guidelines.
Page last modified August 16, 2010