Bill Text: MI HB5649 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health; occupations; action against certain professional licenses for conduct regarding access to or treatment with an investigational drug pursuant to the new "Right to Try" act; prohibit. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 16221a & 20165a. TIE BAR WITH: SB 0991'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-10-22 - Assigned Pa 0346'14 With Immediate Effect [HB5649 Detail]

Download: Michigan-2013-HB5649-Engrossed.html

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HB-5649, As Passed House, September 18, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5649

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding sections 16221a and 20165a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16221a. (1) Except in the case of gross negligence or

 

willful misconduct as determined by the department, a health care

 

provider's recommendation or treatment provided as authorized under

 

the right to try act is not grounds for the department to

 

investigate under section 16221 or for disciplinary action against

 

a licensee under section 16226.

 

     (2) As used in this section:

 

     (a) "Gross negligence" means conduct so reckless as to

 

demonstrate a substantial lack of concern for whether serious

 

injury to a person would result.

 

     (b) "Willful misconduct" means conduct committed with an

 

intentional or reckless disregard for the safety of others, as by

 

failing to exercise reasonable care to prevent a known danger.

 

     Sec. 20165a. (1) Except in the case of gross negligence or

 

willful misconduct as determined by the department, a health

 

facility's cooperation in a treatment recommended by a health

 

professional as authorized under the right to try act, alone, is

 

not grounds for the department to take any action against a

 

licensee under section 20165.

 

     (2) As used in this section:

 

     (a) "Gross negligence" means conduct so reckless as to

 

demonstrate a substantial lack of concern for whether serious

 

injury to a person would result.

 

     (b) "Willful misconduct" means conduct committed with an

 

intentional or reckless disregard for the safety of others, as by

 

failing to exercise reasonable care to prevent a known danger.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 991 of the 97th Legislature is enacted into

 

law.