DEPARTMENT OF COMMUNITY HEALTH  
BUREAU OF EPIDEMIOLOGY  
DIVISION OF ENVIRONMENTAL HEALTH  
REPORTING OF NON-SUICIDAL, NON-MEDICINAL CHEMICAL  
POISONINGS  
(By authority conferred on the community public health agency by sections 5111 and 2226  
of PA 368 of 1978, as amended, section 8 of PA 312 of 1978, and Executive Reorganization  
Order No.1996-1,MCL 333.5111, MCL 333.2226, MCL 325.78, MCL 333.2233, MCL  
333.2221, and MCL 330.3101.)  
R 325.71 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Chemical" means any substance or mixture of substances composed of chemical  
elements or obtained by a chemical process.  
(b) "Chemical poison" means a substance which, when ingested, inhaled or absorbed,  
injected into, or developed within the body, causes damage to structure or disturbance of  
function in the body. "Chemical poison" includes asphyxiant gases.  
(c) "Chemical poisoning report form" means the form used to report the required  
reportable information for individuals with a chemical poisoning.  
(d) "Department" means the Michigan department of community health.  
(e) "Health facility" means any facility or agency licensed under article 17 of the public  
health code, MCL 333.20101 to 333.22260 that provides health care services. "Health  
facility" includes a hospital, clinical laboratory, surgical outpatient facility, health  
maintenance organization, nursing home, home for the aged, county medical care facility,  
ambulance operation, and hospice.  
(f) "Local health department" means a public health department established under the  
provisions of article 24 of the public health code, MCL 333.2401 to 333.2498, to protect  
the public health and prevent disease within a specific geographic area.  
(g) "Non-medicinal" means substances that are not classified as drugs, medicines, or  
biologicals.  
(h) "Non-suicidal" means not associated with an intention to commit self-harm, including  
suicide.  
(i)"Health professional" means a person licensed under article 15 of the public health  
code, MCL 333.16101 to 333.18838, in medicine, osteopathic medicine, as a physician's  
assistant, or nurse practitioner.  
(j) "Poisoning" means a morbid condition, including death, produced by a poison.  
(k) "Protected health information" means any individually identified health information,  
whether oral or recorded in any form or medium that is created or received by a health care  
provider, health plan, public health authority, employer, life insurer, school or university,  
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or health care clearinghouse; and, relates to the past, present, or future physical or mental  
health or condition of an individual; the provision of health care to an individual; or the  
past, present, or future payment for the provision of health care to an individual.  
(l) "Public health investigation" means the collection of medical, epidemiologic,  
exposure, and other information to determine the magnitude and cause of illness or injury,  
which is used to determine appropriate actions to prevent or mitigate additional illness or  
injury.  
History: 2007 AACS; 2009 AACS.  
R 325.72 Reportable information.  
Rule 2. (1) Reportable information is specifically related to patients with known or  
suspected non-suicidal, non-medicinal chemical poisonings.  
(2) Clinical laboratory evidence of overexposure to a chemical poison, defined as a  
laboratory test result outside of that laboratory's reference range, shall be considered  
evidence of known or suspected chemical poisoning.  
(3) The health professional or health facility shall submit its report a format that ensures  
the inclusion of the information listed under subdivisions (a) to (e) of this subrule as  
applicable.  
(a) All of the following information, with respect to the patient, shall be provided:  
(i) Last and first name and middle initial.  
(ii) Sex.  
(iii) Race, if available.  
(iv) Ethnic group, if available.  
(v) Birth date or age.  
(vi) Residential address.  
(vii) Telephone number.  
(viii) If the individual is a minor, the name of a parent or guardian.  
(ix) If the individual is an adult, the name and address of his or her employer, if available.  
(b) If the reporting entity is a health care provider or health facility other than a clinical  
laboratory, the following diagnostic information shall be provided, in addition to  
information specified in R 325.72 (3)(a):  
(i) The date of diagnosis.  
(ii) The diagnosis, including diagnostic code, if available.  
(iii) Brief narrative of the poisoning event, including date, location, and type of chemical  
poison involved, and any other information considered by the health professional/health  
facility to be related to health of the public.  
(iv) Brief narrative of the patient signs and symptoms, clinical findings, results of  
diagnostic tests, and clinical outcome.  
(c) If the reporting entity is a clinical laboratory, the following information shall be  
provided in addition to information specified in R 325.72 (3)(a):  
(i) Name of the clinical test performed.  
(ii) Test result including units of measurement.  
(iii) Laboratory reference range including units of measurement.  
(iv) Date laboratory test was ordered.  
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(d) Name, address, telephone, and other contact information shall be provided for the  
reporting health professional. If the reporting entity is a health facility, contact information  
for the diagnosing/treating/ordering physician shall be provided.  
(e) Name, address, telephone and other contact information for the health facility shall be  
provided if the reporting entity is the facility.  
History: 2007 AACS; 2009 AACS.  
R 325.73 Reporting responsibilities.  
Rule 3. (1) When requested by the department or local health department, health  
professionals and health facilities shall provide reports. The department or local health  
department shall notify health professionals and health facilities when reports of 1 or more  
types of chemical poisonings shall be submitted. Both of the following apply:  
(i) Reports shall be made within 5 working days following request by the department or  
local health department.  
(ii) Reports shall be provided to the agency (department and/or local health department)  
that makes the request.  
(2) Reports may be provided by health professionals and health facilities, without  
departmental or local health department request, when the reporting entity believes that  
public health investigation is needed to protect the public.  
(3) Nothing in this rule shall be construed to relieve a health professional or health facility  
from reporting to any other entity as required by state, federal, or local statutes or  
regulations or in accordance with accepted standard of practice, except that reporting in  
compliance with this rule satisfies the reporting requirements of 1978 PA 368, MCL  
333.1101.  
History: 2007 AACS.  
R 325.74 Investigation and quality assurance.  
Rule 4. (1) The department or local health department, upon receiving a report under R  
325.73, may investigate to determine the accuracy of the report, a patient's source of  
exposure, and adverse health effects resulting from the exposure.  
(2) The department and local public health departments shall collaborate in the  
development of procedures for processing poisoning reports and conducting follow-up  
investigations to ensure efficient, non-duplicative, and effective public health response.  
(3) Requests for individual medical and epidemiologic information to validate the  
completeness and accuracy of reporting are specifically authorized.  
(4) Copies of protected health information from reported poisoning cases shall be kept in  
locked file cabinets when not in use. Information stored electronically shall be maintained  
on a secure server accessible only by department or local health department program staff  
through password protected user accounts.  
(5) Reports may be released to other state, local, or federal agencies for those agencies to  
administer and enforce provisions of laws or rules to protect individuals from exposure to  
chemical poisons. Protected health information may be released to other governmental  
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agencies and bona fide agents of the state that comply with the confidentiality requirements  
of R 325.75.  
(6) Confidential information obtained during the public health investigation may be  
exchanged between the department and the local health department with jurisdiction where  
the chemical poisoning occurred.  
(7) Nothing in this rule shall be construed to relieve or preempt any other entities from  
investigating hazards associated with chemical poisons under state, federal, or local statutes  
or regulations.  
History: 2007 AACS; 2009 AACS.  
R 325.75 Confidentiality of reports.  
Rule 5. (1) Reports submitted to the department or local health department under R 325.73  
are not public records and are exempt from disclosure pursuant to the freedom of  
information act, section 13 of 1976 PA 442, MCL 15.231.  
(2) The department and local health departments shall maintain the confidentiality of all  
reports and shall not release reports, including protected health information or any  
information that may be used to directly link the information to a particular individual,  
except as allowed in R 325.74(5), unless the department or local health department has  
received written consent from the individual, or from the individual's parent or legal  
guardian, requesting the release of information.  
(3) Medical and epidemiological information that is released to a legislative body shall  
not contain information that identifies a specific individual. Aggregate epidemiological  
information concerning the public health, which is released to the public for informational  
purposes only, shall not contain information that allows individuals to be identified.  
History: 2007 AACS; 2009 AACS.  
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