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.