Bill Text: MI SB0573 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health; abortion; rules and standards for performing surgical abortions; revise. Amends sec. 20115 of 1978 PA 368 (MCL 333.20115). TIE BAR WITH: SB 0874'16, SB 0875'16, SB 0876'16, SB 0877'16

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2015-10-21 - Referred To Committee On Oversight [SB0573 Detail]

Download: Michigan-2015-SB0573-Introduced.html

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SENATE BILL No. 573

 

 

October 21, 2015, Introduced by Senators EMMONS, COLBECK, JONES, SHIRKEY, BOOHER, BRANDENBURG, ZORN, ROBERTSON, PAVLOV, MARLEAU, HUNE and PROOS and referred to the Committee on Oversight.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20115 (MCL 333.20115), as amended by 2012 PA

 

499.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20115. (1) The department may promulgate rules to further

 

define the term "health facility or agency" and the definition of a

 

health facility or agency listed in section 20106 as required to

 

implement this article. The department may define a specific

 

organization as a health facility or agency for the sole purpose of

 

certification authorized under this article. For purpose of

 

certification only, an organization defined in section 20106(5),

 

20108(1), or 20109(4) is considered a health facility or agency.

 

The term "health facility or agency" does not mean a visiting nurse

service or home aide service conducted by and for the adherents of

 

a church or religious denomination for the purpose of providing

 

service for those who depend upon spiritual means through prayer

 

alone for healing.

 

     (2) The department shall promulgate rules to differentiate a

 

freestanding surgical outpatient facility from a private office of

 

a physician, dentist, podiatrist, or other health professional. The

 

department shall specify in the rules that a facility including,

 

but not limited to, a private practice office described in this

 

subsection must be licensed under this article as a freestanding

 

surgical outpatient facility if that facility performs 120 or more

 

surgical abortions per year and publicly advertises outpatient

 

abortion services. The department shall also specify in the rules

 

that a facility that must be licensed as a freestanding surgical

 

outpatient facility under this subsection shall not continue to

 

perform surgical abortions until it obtains a license from the

 

department.

 

     (3) The department shall promulgate rules that in effect

 

republish R 325.3826, R 325.3832, R 325.3835, R 325.3857, R

 

325.3866, R 325.3867, and R 325.3868 of the Michigan administrative

 

code, but shall include in the rules standards for a freestanding

 

surgical outpatient facility or private practice office that

 

performs 120 or more surgical abortions per year and that publicly

 

advertises outpatient abortion services. The department shall

 

assure ensure that the standards are consistent with the most

 

recent United States supreme court Supreme Court decisions

 

regarding state regulation of abortions.

 

     (4) Subject to section 20145 and part 222, the department may

 

modify or waive 1 or more of the rules contained in R 325.3801 to R

 

325.3877 of the Michigan administrative code regarding construction

 

or equipment standards, or both, for a freestanding surgical

 

outpatient facility that performs 120 or more surgical abortions

 

per year and that publicly advertises outpatient abortion services,

 

if both of the following conditions are met:

 

     (a) The freestanding surgical outpatient facility was in

 

existence and operating on December 31, 2012.

 

     (b) The department makes a determination that the existing

 

construction or equipment conditions, or both, within the

 

freestanding surgical outpatient facility are adequate to preserve

 

the health and safety of the patients and employees of the

 

freestanding surgical outpatient facility or that the construction

 

or equipment conditions, or both, can be modified to adequately

 

preserve the health and safety of the patients and employees of the

 

freestanding surgical outpatient facility without meeting the

 

specific requirements of the rules.

 

     (5) By January 15 each year, the department of community

 

health and human services shall provide the following information

 

to the department of licensing and regulatory affairs:

 

     (a) From data received by the department of community health

 

and human services through the abortion reporting requirements of

 

section 2835, all of the following:

 

     (i) The name and location of each facility at which abortions

 

were performed during the immediately preceding calendar year.

 

     (ii) The total number of abortions performed at that facility

 

location during the immediately preceding calendar year.

 

     (iii) The total number of surgical abortions performed at that

 

facility location during the immediately preceding calendar year.

 

     (b) Whether a facility at which surgical abortions were

 

performed in the immediately preceding calendar year publicly

 

advertises abortion services.

 

     (6) As used in this section:

 

     (a) "Abortion" means that term as defined in section 17015.

 

     (b) "Publicly advertises" means to advertise using directory

 

or internet advertising including yellow pages, white pages, banner

 

advertising, or electronic publishing.

 

     (c) "Surgical abortion" means an abortion that is not a

 

medical abortion as that term is defined in section 17017.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.