Bill Text: MI SB0044 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Health occupations: health professionals; invasive bodily examinations; prohibit under certain circumstances. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 16279. TIE BAR WITH: SB 0045'23
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed) 2023-11-08 - Referred To Committee On Health Policy [SB0044 Detail]
Download: Michigan-2023-SB0044-Engrossed.html
Substitute For
SENATE BILL NO. 44
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 16280.
the people of the state of michigan enact:
Sec. 16280. (1) A licensee or registrant shall comply with both of the following unless 1 of the conditions described in subsection (2) is met:
(a) The licensee or registrant shall not perform an invasive bodily examination on an anesthetized or unconscious patient.
(b) The licensee or registrant shall ensure that a student who is in a health profession training program does not perform an invasive bodily examination on an anesthetized or unconscious patient while performing a duty assigned in the course of training by the licensee or registrant.
(2) A licensee or registrant or a student described in subsection (1) may perform an invasive bodily examination on an anesthetized or unconscious patient if 1 of the following is met before the invasive bodily examination is performed:
(a) Subject to subsection (3), the patient or the patient's authorized representative provides written, informed consent to the invasive bodily examination, and the invasive bodily examination is necessary for preventative, diagnostic, or treatment purposes.
(b) Subject to subsection (3), the patient or the patient's authorized representative has provided written, informed consent to a surgical procedure or diagnostic examination to be performed on the patient, and the performance of the invasive bodily examination is within the scope of care ordered for the surgical procedure or diagnostic examination.
(c) The patient is unconscious and incapable of providing informed consent, and the invasive bodily examination is necessary for emergency diagnostic or treatment purposes.
(d) A court has ordered the performance of the invasive bodily examination for the purposes of collecting evidence.
(3) The informed consent required under subsection (2) must allow the patient or the patient's authorized representative to indicate whether a student described in subsection (1) may perform the invasive bodily examination.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 45 of the 102nd Legislature is enacted into law.
