Bill Text: MI HB4370 | 2019-2020 | 100th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Health: medical records; provision for the protection, retention, and maintenance of medical records referencing a vaginal or anal penetration treatment for 15 years by a health professional and health facility or agency; implement, and require certain boards to provide guidance to licensees on medical services involving vaginal or anal penetration. Amends secs. 16213, 16299, 20175, 20175a & 20199 of 1978 PA 368 (MCL 333.16213 et seq.) & adds secs. 16213a, 16429, 17029, 17529, 17829, 17909 & 20175b.

Spectrum: Moderate Partisan Bill (Democrat 35-7)

Status: (Engrossed - Dead) 2020-12-09 - Referred To Committee Of The Whole [HB4370 Detail]

Download: Michigan-2019-HB4370-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4370

 

 

March 14, 2019, Introduced by Reps. Whiteford, Pagan, Griffin, Hornberger, Glenn, Alexander, Witwer, Pohutsky, Brixie, Clemente, Ellison, Hoadley, Hood, Hammoud, Guerra, Garza, Manoogian, LaGrand, Rendon, Bolden, Kuppa, Sabo, Elder, Koleszar, Sowerby, Camilleri, Hertel, Kennedy, Sneller, Tyrone Carter, Whitsett, Neeley, Shannon, Hauck, Tate, Lasinski, Greig, Byrd, Garrett, Jones, Warren and Gay-Dagnogo and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 16213, 16299, 20175, 20175a, and 20199 (MCL

 

333.16213, 333.16299, 333.20175, 333.20175a, and 333.20199),

 

sections 16213 and 20175a as added and section 20175 as amended by

 

2006 PA 481 and section 16299 as amended by 2012 PA 499, and by

 

adding sections 16213a, 16429, 17029, 17529, 17829, 17909, and

 

20175b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16213. (1) An individual licensed under this article

 

shall keep and maintain a record for each patient for whom he or

 

she has provided medical services, including a full and complete

 


record of tests and examinations performed, observations made, and

 

treatments provided. If a medical service provided to a patient on

 

or after the effective date of the amendatory act that added this

 

sentence involves the vaginal or anal penetration of the patient,

 

an individual licensed under this article shall expressly state in

 

the patient's record that vaginal or anal penetration was performed

 

unless the medical service meets any of the circumstances described

 

in subsection (2)(b)(i), (ii), (iii), or (iv).

 

     (2) Unless a longer retention period is otherwise required

 

under federal or state laws or regulations or by generally accepted

 

standards of medical practice, a licensee shall keep and retain

 

each record for required under subsection (1) as follows:

 

     (a) Except as otherwise provided in subdivision (b), for a

 

minimum of 7 years from the date of service to which the record

 

pertains.

 

     (b) If the record is for a medical service performed on or

 

after the effective date of the amendatory act that added this

 

subdivision that involves the vaginal or anal penetration of a

 

patient, for a minimum of 15 years from the date of service to

 

which the record pertains. This subdivision does not apply to a

 

record for any of the following:

 

     (i) A medical service that primarily relates to the patient's

 

urological, gastrointestinal, reproductive, gynecological, or

 

sexual health.

 

     (ii) A medical service that is necessary and associated with

 

or incident to a medical emergency. As used in this subparagraph,

 

"medical emergency" means a circumstance that, in the licensee's


good-faith medical judgment, creates an immediate threat of serious

 

risk to the life or physical health of the patient.

 

     (iii) A medical service performed for the purpose of rectally

 

administering a drug or medicine.

 

     (iv) A medical service performed to measure a patient's

 

temperature.

 

     (3) The records shall required under subsection (1) must be

 

maintained in such a manner as to protect their integrity, to

 

ensure their confidentiality and proper use, and to ensure their

 

accessibility and availability to each patient or his or her

 

authorized representative as required by law.

 

     (4) A Except as otherwise provided in subsection (7), a

 

licensee may destroy a record required under subsection (1) that is

 

less than 7 years old only if both of the following are satisfied:

 

     (a) The licensee sends a written notice to the patient at the

 

last known address of that patient informing the patient that the

 

record is about to be destroyed, offering the patient the

 

opportunity to request a copy of that record, and requesting the

 

patient's written authorization to destroy the record.

 

     (b) The licensee receives written authorization from the

 

patient or his or her authorized representative agreeing to the

 

destruction of the record.

 

     (5) (2) If a licensee is unable to comply with this section,

 

the licensee shall employ or contract, arrange, or enter into an

 

agreement with another health care provider, a health facility or

 

agency, or a medical records company to protect, maintain, and

 

provide access to those records required under subsection (1).


     (6) (3) If a licensee or registrant sells or closes his or her

 

practice, retires from practice, or otherwise ceases to practice

 

under this article, the licensee or the personal representative of

 

the licensee, if the licensee is deceased, shall not abandon the

 

records required under this section and shall send a written notice

 

to the department that specifies who will have custody of the

 

medical records and how a patient may request access to or copies

 

of his or her medical records and shall do either of the following:

 

     (a) Transfer the records required under subsection (1) to any

 

of the following:

 

     (i) A successor licensee.

 

     (ii) If requested by the patient or his or her authorized

 

representative, to the patient or a specific health facility or

 

agency or other health care provider licensed under article 15.

 

     (iii) A health care provider, a health facility or agency, or

 

a medical records company with which the licensee had contracted or

 

entered into an agreement to protect, maintain, and provide access

 

to those records required under subsection (1).

 

     (b) In Except as otherwise provided in subsection (7), and in

 

accordance with subsection (1), subsections (1) to (4), as long as

 

the licensee or the personal representative of the licensee, if the

 

licensee is deceased, sends a written notice to the last known

 

address of each patient for whom he or she has provided medical

 

services and receives written authorization from the patient or his

 

or her authorized representative, destroy the records required

 

under subsection (1). The notice shall must provide the patient

 

with 30 days to request a copy of his or her record or to designate


where he or she would like his or her medical records transferred

 

and shall must request from the patient within 30 days written

 

authorization for the destruction of his or her medical records. If

 

Except as otherwise provided in subsection (7), if the patient

 

fails to request a copy or transfer of his or her medical records

 

or to provide the licensee with written authorization for the

 

destruction, then the licensee or the personal representative of

 

the licensee shall not destroy those records that are less than 7

 

years old but may destroy, in accordance with subsection (4), (8),

 

those that are 7 years old or older.

 

     (7) A licensee or the personal representative of a licensee,

 

if the licensee is deceased, shall only destroy a record described

 

in subsection (2)(b) in accordance with subsection (8).

 

     (8) (4) Except as otherwise provided under this section or

 

federal or state laws and regulations, records required to be

 

maintained under subsection (1), other than a record described in

 

subsection (2)(b), may be destroyed or otherwise disposed of after

 

being maintained for 7 years and records described in subsection

 

(2)(b) may be destroyed or otherwise disposed of after being

 

maintained for 15 years. If records maintained in accordance with

 

this section are subsequently destroyed or otherwise disposed of,

 

those records shall must be shredded, incinerated, electronically

 

deleted, or otherwise disposed of in a manner that ensures

 

continued confidentiality of the patient's health care information

 

and any other personal information relating to the patient. If

 

records are not destroyed or otherwise disposed of as provided

 

under this subsection, the department may take action including,


but not limited to, contracting for or making other arrangements to

 

ensure that those records and any other confidential identifying

 

information related to the patient are properly destroyed or

 

disposed of to protect the confidentiality of patient's health care

 

information and any other personal information relating to the

 

patient. Before the department takes action in accordance with this

 

subsection, the department, if able to identify the licensee

 

responsible for the improper destruction or disposal of the medical

 

records at issue, shall send a written notice to that licensee at

 

his or her last known address or place of business on file with the

 

department and provide the licensee with an opportunity to properly

 

destroy or dispose of those medical records as required under this

 

subsection unless a delay in the proper destruction or disposal may

 

compromise the patient's confidentiality. The department may assess

 

the licensee with the costs incurred by the department to enforce

 

this subsection.

 

     (9) (5) A Except as otherwise provided in section 16213a, a

 

person who that fails to comply with this section is subject to an

 

administrative fine of not more than $10,000.00 if the failure was

 

the result of gross negligence or willful and wanton misconduct.

 

     (10) (6) Nothing in this section shall be construed to create

 

or change the ownership rights to any medical records.

 

     (11) (7) As used in this section:

 

     (a) "Medical record" or "record" means information, oral or

 

recorded in any form or medium, that pertains to a patient's health

 

care, medical history, diagnosis, prognosis, or medical condition

 

and that is maintained by a licensee in the process of providing


medical services.

 

     (b) "Medical records company" means a person who contracts for

 

or agrees to protect, maintain, and provide access to medical

 

records for a health care provider or health facility or agency in

 

accordance with this section.

 

     (c) "Patient" means an individual who receives or has received

 

health care from a health care provider or health facility or

 

agency. Patient includes a guardian, if appointed, and a parent,

 

guardian, or person acting in loco parentis, if the individual is a

 

minor, unless the minor lawfully obtained health care without the

 

consent or notification of a parent, guardian, or other person

 

acting in loco parentis, in which case the minor has the exclusive

 

right to exercise the rights of a patient under this section with

 

respect to his or her medical records relating to that care.

 

     Sec. 16213a. (1) Except as otherwise provided in subsections

 

(2) and (3), a person that violates section 16213(1) regarding the

 

documentation of a medical service involving vaginal or anal

 

penetration in a patient's medical record is subject to an

 

administrative fine or guilty of a crime as follows:

 

     (a) For a first violation, an administrative fine of not more

 

than $1,000.00.

 

     (b) For a second violation, an administrative fine of not more

 

than $2,500.00.

 

     (c) For a third or subsequent violation, a misdemeanor

 

punishable by imprisonment for not more than 180 days or a fine of

 

not more than $5,000.00, or both.

 

     (2) A person that violates section 16213(1) regarding the


documentation of a medical service involving vaginal or anal

 

penetration in a patient's medical record is guilty of a

 

misdemeanor punishable by imprisonment for not more than 180 days

 

or a fine of $5,000.00, or both, if the violation was the result of

 

gross negligence.

 

     (3) A person that intentionally violates section 16213(1)

 

regarding the documentation of a medical service involving vaginal

 

or anal penetration in a patient's medical record is guilty of a

 

felony punishable by imprisonment for not more than 2 years or a

 

fine of not more than $7,500.00, or both.

 

     (4) This section does not limit any other sanction or

 

additional action a disciplinary subcommittee is authorized to

 

impose or take.

 

     Sec. 16299. (1) Except as otherwise provided in subsection

 

(2), a person who violates or aids or abets another in a violation

 

of this article, other than those matters described in sections

 

16294 and 16296, is guilty of a misdemeanor punishable as follows:

 

     (a) For the first offense, by imprisonment for not more than

 

90 days , or a fine of not more than $100.00, or both.

 

     (b) For the second or subsequent offense, by imprisonment for

 

not less than 90 days nor more than 6 months , or a fine of not

 

less than $200.00 nor more than $500.00, or both.

 

     (2) Subsection (1) does not apply to a violation of section

 

17015, 17015a, 17017, 17515, or 17517, or to a violation of this

 

article for which another criminal penalty is specifically

 

prescribed.

 

     Sec. 16429. (1) The board shall create a document that


provides guidance to licensees on generally accepted standards of

 

practice for services involving vaginal or anal penetration,

 

including internal pelvic floor treatments. In creating the

 

document described in this subsection, the board shall consult with

 

appropriate professional associations and other interested

 

stakeholders.

 

     (2) The board shall make the document required under

 

subsection (1) publicly available by 1 year after the effective

 

date of the amendatory act that added this section.

 

     Sec. 17029. (1) The board shall create a document that

 

provides guidance to licensees on generally accepted standards of

 

medical practice for medical services involving vaginal or anal

 

penetration, including internal pelvic floor treatments but

 

excluding medical services that primarily relate to a patient's

 

urological, gastrointestinal, reproductive, gynecological, or

 

sexual health, that are performed to measure a patient's

 

temperature, or that are performed for the purpose of rectally

 

administering a drug or medicine. In creating the document

 

described in this subsection, the board shall consult with

 

appropriate professional associations and other interested

 

stakeholders.

 

     (2) The board shall make the document required under

 

subsection (1) publicly available by 1 year after the effective

 

date of the amendatory act that added this section.

 

     Sec. 17529. (1) The board shall create a document that

 

provides guidance to licensees on generally accepted standards of

 

medical practice for medical services involving vaginal or anal


penetration, including internal pelvic floor treatments but

 

excluding medical services that primarily relate to a patient's

 

urological, gastrointestinal, reproductive, gynecological, or

 

sexual health, that are performed to measure a patient's

 

temperature, or that are performed for the purpose of rectally

 

administering a drug or medicine. In creating the document

 

described in this subsection, the board shall consult with

 

appropriate professional associations and other interested

 

stakeholders.

 

     (2) The board shall make the document required under

 

subsection (1) publicly available by 1 year after the effective

 

date of the amendatory act that added this section.

 

     Sec. 17829. (1) The board shall create a document that

 

provides guidance to licensees on generally accepted standards of

 

practice for services involving vaginal or anal penetration,

 

including internal pelvic floor treatments. In creating the

 

document described in this subsection, the board shall consult with

 

appropriate professional associations and other interested

 

stakeholders.

 

     (2) The board shall make the document required under

 

subsection (1) publicly available by 1 year after the effective

 

date of the amendatory act that added this section.

 

     Sec. 17909. (1) The board shall create a document that

 

provides guidance to licensees on generally accepted standards of

 

practice for services involving vaginal or anal penetration,

 

including internal pelvic floor treatments. In creating the

 

document described in this subsection, the board shall consult with


appropriate professional associations and other interested

 

stakeholders.

 

     (2) The board shall make the document required under

 

subsection (1) publicly available by 1 year after the effective

 

date of the amendatory act that added this section.

 

     Sec. 20175. (1) A health facility or agency shall keep and

 

maintain a record for each patient, including a full and complete

 

record of tests and examinations performed, observations made,

 

treatments provided, and in the case of a hospital, the purpose of

 

hospitalization. If a medical service provided to a patient on or

 

after the effective date of the amendatory act that added this

 

sentence involves the vaginal or anal penetration of the patient, a

 

health facility or agency shall ensure that the patient's medical

 

record expressly states that vaginal or anal penetration was

 

performed unless the medical service meets any of the circumstances

 

described in subsection (2)(b)(i)(A), (B), (C), or (D).

 

     (2) Unless a longer retention period is otherwise required

 

under federal or state laws or regulations or by generally accepted

 

standards of medical practice, a health facility or agency shall

 

keep and retain each record for required under subsection (1) as

 

follows:

 

     (a) Except as otherwise provided in subdivision (b), for a

 

minimum of 7 years from the date of service to which the record

 

pertains.

 

     (b) For a minimum of 15 years from the date of service to

 

which the record pertains if the service is performed on or after

 

the effective date of the amendatory act that added this


subdivision and 1 of the following applies:

 

     (i) The record includes a medical service involving the

 

vaginal or anal penetration of a patient. This subparagraph does

 

not apply to a record for any of the following:

 

     (A) A medical service that primarily relates to the patient's

 

urological, gastrointestinal, reproductive, gynecological, or

 

sexual health.

 

     (B) A medical service that is necessary and associated with or

 

incident to a medical emergency. As used in this sub-subparagraph,

 

"medical emergency" means a circumstance that, in the good-faith

 

medical judgment of a health professional who is licensed under

 

article 15, creates an immediate threat of serious risk to the life

 

or physical health of the patient.

 

     (C) A medical service performed for the purpose of rectally

 

administering a drug or medicine.

 

     (D) A medical service performed to measure a patient's

 

temperature.

 

     (ii) The patient has filed a complaint with the health

 

facility or agency alleging sexual misconduct by an individual who

 

is employed by, under contract to, or granted privileges by the

 

health facility or agency. As used in this subparagraph, "sexual

 

misconduct" means the conduct described in section 90, 136, 145a,

 

145b, 145c, 520b, 520c, 520d, 520e, or 520g of the Michigan penal

 

code, 1931 PA 328, MCL 750.90, 750.136, 750.145a, 750.145b,

 

750.145c, 750.520b, 750.520c, 750.520d, 750.520e, or 750.520g,

 

regardless of whether the conduct resulted in a criminal

 

conviction.


     (3) A health facility or agency shall maintain the records

 

required under subsection (1) in such a manner as to protect their

 

integrity, to ensure their confidentiality and proper use, and to

 

ensure their accessibility and availability to each patient or his

 

or her authorized representative as required by law.

 

     (4) A Except as otherwise provided in subsection (6), a health

 

facility or agency may destroy a record required under subsection

 

(1) that is less than 7 years old only if both of the following are

 

satisfied:

 

     (a) The health facility or agency sends a written notice to

 

the patient at the last known address of that patient informing the

 

patient that the record is about to be destroyed, offering the

 

patient the opportunity to request a copy of that record, and

 

requesting the patient's written authorization to destroy the

 

record.

 

     (b) The health facility or agency receives written

 

authorization from the patient or his or her authorized

 

representative agreeing to the destruction of the record.

 

     (5) Except as otherwise provided under federal or state laws

 

and regulations, records required to be maintained under this

 

subsection (1), other than a record described in subsection (2)(b),

 

may be destroyed or otherwise disposed of after being maintained

 

for 7 years, and records described in subsection (2)(b) may be

 

destroyed or otherwise disposed of after being maintained for 15

 

years. If records maintained in accordance with this section are

 

subsequently destroyed or otherwise disposed of, those records

 

shall must be shredded, incinerated, electronically deleted, or


otherwise disposed of in a manner that ensures continued

 

confidentiality of the patient's health care information and any

 

other personal information relating to the patient. If records are

 

not destroyed or otherwise disposed of as provided under this

 

subsection or subsection (4), the department may take action

 

including, but not limited to, contracting for or making other

 

arrangements to ensure that those records and any other

 

confidential identifying information related to the patient are

 

properly destroyed or disposed of to protect the confidentiality of

 

patient's health care information and any other personal

 

information relating to the patient. Before the department takes

 

action in accordance with this subsection, the department, if able

 

to identify the health facility or agency responsible for the

 

improper destruction or disposal of the medical records at issue,

 

shall send a written notice to that health facility or agency at

 

the last known address on file with the department and provide the

 

health facility or agency with an opportunity to properly destroy

 

or dispose of those medical records as required under this

 

subsection or subsection (4), unless a delay in the proper

 

destruction or disposal may compromise the patient's

 

confidentiality. The department may assess the health facility or

 

agency with the costs incurred by the department to enforce this

 

subsection. In addition to the sanctions set forth in section

 

20165, a hospital that fails to comply with this subsection or

 

subsection (4) is subject to an administrative fine of $10,000.00.

 

     (6) A health facility or agency shall only destroy a record

 

described in subsection (2)(b) in accordance with subsection (5).


     (7) (2) A hospital shall take precautions to assure ensure

 

that the records required by under subsection (1) are not

 

wrongfully altered or destroyed. A hospital that fails to comply

 

with this subsection is subject to an administrative fine of

 

$10,000.00.

 

     (8) (3) Unless otherwise provided by law, the licensing and

 

certification records required by this article are public records.

 

     (9) (4) Departmental officers and employees shall respect the

 

confidentiality of patient clinical records and shall not divulge

 

or disclose the contents of records in a manner that identifies an

 

individual except pursuant to court order or as otherwise

 

authorized by law.

 

     (10) (5) A health facility or agency that employs, contracts

 

with, or grants privileges to a health professional licensed or

 

registered under article 15 shall report the following to the

 

department not more than 30 days after it occurs:

 

     (a) Disciplinary action taken by the health facility or agency

 

against a health professional licensed or registered under article

 

15 based on the licensee's or registrant's professional competence,

 

disciplinary action that results in a change of employment status,

 

or disciplinary action based on conduct that adversely affects the

 

licensee's or registrant's clinical privileges for a period of more

 

than 15 days. As used in this subdivision, "adversely affects"

 

means the reduction, restriction, suspension, revocation, denial,

 

or failure to renew the clinical privileges of a licensee or

 

registrant by a health facility or agency.

 

     (b) Restriction or acceptance of the surrender of the clinical


privileges of a licensee or registrant under either of the

 

following circumstances:

 

     (i) The licensee or registrant is under investigation by the

 

health facility or agency.

 

     (ii) There is an agreement in which the health facility or

 

agency agrees not to conduct an investigation into the licensee's

 

or registrant's alleged professional incompetence or improper

 

professional conduct.

 

     (c) A case in which a health professional resigns or

 

terminates a contract or whose contract is not renewed instead of

 

the health facility or agency taking disciplinary action against

 

the health professional.

 

     (11) (6) Upon request by another health facility or agency

 

seeking a reference for purposes of changing or granting staff

 

privileges, credentials, or employment, a health facility or agency

 

that employs, contracts with, or grants privileges to health

 

professionals licensed or registered under article 15 shall notify

 

the requesting health facility or agency of any disciplinary or

 

other action reportable under subsection (5) (10) that it has taken

 

against a health professional licensed or registered under article

 

15 and employed by, under contract to, or granted privileges by the

 

health facility or agency.

 

     (12) (7) For the purpose of reporting disciplinary actions

 

under this section, a health facility or agency shall include only

 

the following in the information provided:

 

     (a) The name of the licensee or registrant against whom

 

disciplinary action has been taken.


     (b) A description of the disciplinary action taken.

 

     (c) The specific grounds for the disciplinary action taken.

 

     (d) The date of the incident that is the basis for the

 

disciplinary action.

 

     (13) (8) The records, data, and knowledge collected for or by

 

individuals or committees assigned a professional review function

 

in a health facility or agency, or an institution of higher

 

education in this state that has colleges of osteopathic and human

 

medicine, are confidential, shall must be used only for the

 

purposes provided in this article, are not public records, and are

 

not subject to court subpoena.

 

     Sec. 20175a. (1) If a health facility or agency is unable to

 

comply with section 20175, the health facility or agency shall

 

employ or contract, arrange, or enter into an agreement with

 

another health facility or agency or a medical records company to

 

protect, maintain, and provide access to those records required

 

under section 20175(1).

 

     (2) If a health facility or agency closes or otherwise ceases

 

operation, the health facility or agency shall not abandon the

 

records required to be maintained under section 20175(1) and shall

 

send a written notice to the department that specifies who will

 

have custody of the medical records and how a patient may request

 

access to or copies of his or her medical records and shall do

 

either of the following:

 

     (a) Transfer the records required under section 20175(1) to

 

any of the following:

 

     (i) A successor health facility or agency.


     (ii) If designated by the patient or his or her authorized

 

representative, to the patient or a specific health facility or

 

agency or a health care provider licensed or registered under

 

article 15.

 

     (iii) A health facility or agency or a medical records company

 

with which the health facility or agency had contracted or entered

 

into an agreement to protect, maintain, and provide access to those

 

records required under section 20175(1).

 

     (b) In Except as otherwise provided in section 20175(6) and in

 

accordance with section 20175(1) to (5), as long as the health

 

facility or agency sends a written notice to the last known address

 

of each patient for whom he or she has provided medical services

 

and receives written authorization from the patient or his or her

 

authorized representative, destroy the records required under

 

section 20175(1). The notice shall must provide the patient with 30

 

days to request a copy of his or her record or to designate where

 

he or she would like his or her medical records transferred and

 

shall must request from the patient within 30 days written

 

authorization for the destruction of his or her medical records. If

 

Except as otherwise provided in section 20175(6), if the patient

 

fails to request a copy or transfer of his or her medical records

 

or to provide the health facility or agency with written

 

authorization for the destruction, then the health facility or

 

agency shall not destroy those records that are less than 7 years

 

old but may destroy, in accordance with section 20175(1) to (5),

 

those that are 7 years old or older.

 

     (3) Nothing in this section shall be conducted to create or


change the ownership rights to any medical records.

 

     (4) A person that fails to comply with this section is subject

 

to an administrative fine of not more than $10,000.00 if the

 

failure was the result of gross negligence or willful and wanton

 

misconduct.

 

     (5) As used in this section:

 

     (a) "Medical record" or "record" means information, oral or

 

recorded in any form or medium, that pertains to a patient's health

 

care, medical history, diagnosis, prognosis, or medical condition

 

and that is maintained by a licensee in the process of providing

 

medical services.

 

     (b) "Medical records company" means a person who contracts for

 

or agrees to protect, maintain, and provide access to medical

 

records for a health facility or agency in accordance with section

 

20175.

 

     (c) "Patient" means an individual who receives or has received

 

health care from a health care provider or health facility or

 

agency. Patient includes a guardian, if appointed, and a parent,

 

guardian, or person acting in loco parentis, if the individual is a

 

minor, unless the minor lawfully obtained health care without the

 

consent or notification of a parent, guardian, or other person

 

acting in loco parentis, in which case the minor has the exclusive

 

right to exercise the rights of a patient under this section with

 

respect to his or her medical records relating to that care.

 

     Sec. 20175b. (1) Except as otherwise provided in subsections

 

(2) and (3), a person that violates section 20175(1) regarding the

 

documentation of a medical service involving vaginal or anal


penetration in a patient's medical record is subject to an

 

administrative fine or guilty of a crime as follows:

 

     (a) For a first violation, an administrative fine of not more

 

than $2,500.00.

 

     (b) For a second violation, an administrative fine of not more

 

than $5,000.00.

 

     (c) For a third or subsequent violation, a misdemeanor

 

punishable by imprisonment for not more than 180 days or a fine of

 

not more than $7,500.00, or both.

 

     (2) A person that violates section 20175(1) regarding the

 

documentation of a medical service involving vaginal or anal

 

penetration in a patient's medical record is guilty of a

 

misdemeanor punishable by imprisonment for not more than 180 days

 

or a fine of $10,000.00, or both, if the violation was the result

 

of gross negligence.

 

     (3) A person who intentionally violates section 20175(1)

 

regarding the documentation of a medical service involving vaginal

 

or anal penetration in a patient's medical record is guilty of a

 

felony punishable by imprisonment for not more than 2 years or a

 

fine of not more than $10,000.00, or both.

 

     (4) This section does not limit any other sanction the

 

department is authorized to impose under section 20165.

 

     Sec. 20199. (1) Except as otherwise provided in subsection (2)

 

or section 20142, or this article, a person who that violates this

 

article or a rule promulgated or an order issued under this article

 

is guilty of a misdemeanor, punishable by a fine of not more than

 

$1,000.00 for each day the violation continues or, in case of a


violation of sections 20551 to 20554, a fine of not more than

 

$1,000.00 for each occurrence.

 

     (2) A person who that violates sections 20181 to 20184 is

 

guilty of a misdemeanor , punishable by imprisonment for not more

 

than 6 months , or a fine of not more than $2,000.00, or both.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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