Bill Text: MI SB0623 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health: abortion; public health code; amend to reflect repealed abortion laws. Amends secs. 2803, 10102, 16221, 16226, 16245, 16299, 20106, 20131 & 22224 of 1978 PA 368 (MCL 333.2803 et. seq.).
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2019-10-31 - Referred To Committee On Government Operations [SB0623 Detail]
Download: Michigan-2019-SB0623-Introduced.html
SENATE BILL NO. 623
October 31, 2019, Introduced by Senators CHANG,
MCMORROW, BULLOCK, ANANICH, GEISS, BAYER, MOSS, WOJNO, IRWIN, MCCANN,
ALEXANDER, POLEHANKI and BRINKS and referred to the Committee on Government
Operations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2803, 10102, 16221, 16226, 16245, 16299, 20106, 20131, and 22224 (MCL 333.2803, 333.10102, 333.16221, 333.16226, 333.16245, 333.16299, 333.20106, 333.20131, and 333.22224), sections 2803, 16299, and 22224 as amended by 2012 PA 499, section 10102 as amended by 2008 PA 39, sections 16221 and 16226 as amended by 2018 PA 463, section 16245 as amended by 2014 PA 413, and section 20106 as amended by 2017 PA 167.
the people of the state of michigan enact:
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Sec. 2803. (1) "Abortion" means that term as defined in section
17015.the intentional
use of an instrument, drug, or other substance or device to terminate an individual's
pregnancy for a purpose other than to increase the probability of a live birth,
to preserve the life or health of the child after live birth, or to remove a
fetus that has died as a result of natural causes, accidental trauma, or a
criminal assault on the pregnant individual. Abortion does not include the use
or prescription of a drug or device that prevents pregnancy, including by
preventing the implantation of an embryo.
(2) "Dead body"
means a human body or fetus, or a part of a dead human body or fetus, in a
condition from which it may reasonably be concluded that death has occurred.
(3) "Fetal
death" means the death of a fetus that has completed at least 20 weeks of
gestation or weighs at least 400 grams. Fetal death includes a stillbirth. The
definition shall of fetal death must conform in all other
respects as closely as possible to the definition recommended by the federal
agency responsible for vital statistics.
(4) "Fetal
remains" means a dead fetus or part of a dead fetus that has completed at
least 10 weeks of gestation or has reached the stage of development that, upon
visual inspection of the fetus or part of the fetus, the head, torso, or
extremities appear to be supported by skeletal or cartilaginous structures.
Fetal remains do not include the umbilical cord or placenta.
(5) "File"
means to present a certificate, report, or other record to the local registrar
for registration by the state registrar.
(6) "Final
disposition" means the burial, cremation,
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interment,
or other legal disposition of a dead body or fetal remains.
Sec. 10102. As used in this part:
(a) "Adult"
means an individual who is at least 18 years of age.
(b) "Agent"
means an individual who meets 1 or more of the following requirements:
(i) Is authorized to make health care decisions on the
principal's behalf by a power of attorney for health care.
(ii) Is expressly
authorized to make an anatomical gift on the principal's behalf by any other
record signed by the principal.
(c) "Anatomical gift" means a donation of all or
part of a human body to take effect after the donor's death for the purpose of
transplantation, therapy, research, or education.
(d) "Body part" means an organ, eye, or tissue of a
human being. The term does not include the whole body.
(e) "Decedent" means a deceased individual whose
body or body part is or may be the source of an anatomical gift. The term
includes a stillborn infant and, subject to this subdivision and restrictions
imposed by law other than this part, a fetus. The term does not include a
blastocyst, embryo, or fetus that is the subject of an abortion. As used in
this subdivision, "abortion" means that term as defined in section 17015.the intentional use of an instrument,
drug, or other substance or device to terminate an individual's pregnancy for a
purpose other than to increase the probability of a live birth, to preserve the
life or health of the child after live birth, or to remove a fetus that has
died as a result of natural causes, accidental trauma, or a criminal assault on
the pregnant individual. Abortion does not include the use or
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prescription of a drug or device that
prevents pregnancy, including by preventing the implantation of an embryo.
(f) "Disinterested witness" means a witness who is
not a spouse, child, parent, sibling, grandchild, grandparent, or guardian of
or other adult who exhibited special care and concern for the individual who
makes, amends, revokes, or refuses to make an anatomical gift. The term does
not include a person to which an anatomical gift could pass under section
10111.
(g) "Document of gift" means a donor card or other
record used to make an anatomical gift. The term includes a statement or symbol
on a driver license, identification card, or donor registry.
(h) "Donor" means an individual whose body or body
part is the subject of an anatomical gift.
(i) "Donor registry" means a database that contains
records of anatomical gifts and amendments to or revocations of anatomical
gifts as provided for in section 10120.
(j) "Driver license" means an operator's or
chauffeur's license or permit issued to an individual by the secretary of state
under chapter III of the Michigan vehicle code, 1949 PA 300, MCL 257.301 to
257.329, for that individual to operate a vehicle, whether or not conditions
are attached to the license or permit.
(k) "Eye" means a human eye or any portion of a
human eye.
(l) "Eye
bank" means a person that is licensed, accredited, or regulated under
federal or state law to engage in the recovery, screening, testing, processing,
storage, or distribution of human eyes or portions of human eyes.
(m) "Guardian" means a person appointed by a court
to make decisions regarding the support, care, education, health, or welfare of
an individual. The term does not include a guardian ad
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litem.
(n) "Hospital" means a facility licensed as a
hospital under the law of any state or a facility operated as a hospital by the
United States, a state, or a subdivision of a state.
(o) "Identification card" means an official state
personal identification card issued by the secretary of state under 1972 PA
222, MCL 28.291 to 28.300.
(p) "Know" means to have actual knowledge.
(q) "Minor" means an individual who is under 18
years of age.
(r) "Organ" means a human kidney, liver, heart,
lung, pancreas, or intestine or multivisceral organs when transplanted at the
same time as an intestine.
(s) "Organ procurement organization" means a person
certified or recertified by the secretary Secretary of the United States department of health and human
services Department
of Health and Human Services as a qualified organ procurement
organization under 42 USC 273(b).
(t) "Parent" means a parent whose parental rights
have not been terminated.
(u) "Person" means an individual, corporation,
business trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or governmental
subdivision, agency, or instrumentality or any other legal or commercial
entity.
(v) "Physician" means an individual authorized to
practice medicine or osteopathic medicine and surgery under the law of any
state.
(w) "Procurement organization" means an eye bank,
organ procurement organization, or tissue bank.
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(x) "Prospective donor" means an individual who is
dead or near death and has been determined by a procurement organization to
have a body part that could be medically suitable for transplantation, therapy,
research, or education. The term does not include an individual who has made a
refusal.
(y) "Reasonably available" means able to be
contacted by a procurement organization without undue effort and willing and
able to act in a timely manner consistent with existing medical criteria
necessary for the making of an anatomical gift.
(z) "Recipient" means an individual into whose body
a decedent's body part has been or is intended to be transplanted.
(aa) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(bb) "Refusal" means a record created under section
10107 that expressly refuses to make an anatomical gift of an individual's body
or body part.
(cc) "Sign" means that, with the present intent to
authenticate or adopt a record, an individual does either of the following:
(i) Executes or
adopts a tangible symbol.
(ii) Attaches to or
logically associates with the record an electronic symbol, sound, or process.
(dd) "State" means a state of the United States,
the District of Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the United
States.
(ee) "Technician" means an individual determined to
be qualified to remove or process body parts by an appropriate
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organization that is licensed, accredited, or regulated under
federal or state law. The term includes an enucleator.
(ff) "Tissue" means a portion of the human body
other than an organ or an eye. The term does not include blood unless the blood
is donated for the purpose of research or education.
(gg) "Tissue bank" means a person that is licensed,
accredited, or regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage, or distribution of tissue.
(hh) "Transplant hospital" means a hospital that
furnishes organ transplants and other medical and surgical specialty services
required for the care of transplant patients.
Sec. 16221. Subject to section 16221b, the department
shall investigate any allegation that 1 or more of the grounds for disciplinary
subcommittee action under this section exist, and may investigate activities
related to the practice of a health profession by a licensee, a registrant, or
an applicant for licensure or registration. The department may hold hearings,
administer oaths, and order the taking of relevant testimony. After its
investigation, the department shall provide a copy of the administrative
complaint to the appropriate disciplinary subcommittee. The disciplinary
subcommittee shall proceed under section 16226 if it finds that 1 or more of
the following grounds exist:
(a) Except as otherwise
specifically provided in this section, a violation of general duty, consisting
of negligence or failure to exercise due care, including negligent delegation
to or supervision of employees or other individuals, whether or not injury
results, or any conduct, practice, or condition that impairs, or may impair,
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the
ability to safely and skillfully engage in the practice of the health
profession.
(b) Personal
disqualifications, consisting of 1 or more of the following:
(i) Incompetence.
(ii) Subject to
sections 16165 to 16170a, substance use disorder as defined in section 100d of
the mental health code, 1974 PA 258, MCL 330.1100d.
(iii) Mental or physical
inability reasonably related to and adversely affecting the licensee's or
registrant's ability to practice in a safe and competent manner.
(iv) Declaration of
mental incompetence by a court of competent jurisdiction.
(v) Conviction of a
misdemeanor punishable by imprisonment for a maximum term of 2 years;
conviction of a misdemeanor involving the illegal delivery, possession, or use
of a controlled substance; or conviction of any felony other than a felony
listed or described in another subparagraph of this subdivision. A certified
copy of the court record is conclusive evidence of the conviction.
(vi) Lack of good
moral character.
(vii) Conviction of a
criminal offense under section 520e or 520g of the Michigan penal code, 1931 PA
328, MCL 750.520e and 750.520g. A certified copy of the court record is
conclusive evidence of the conviction.
(viii) Conviction of a
violation of section 492a of the Michigan penal code, 1931 PA 328, MCL
750.492a. A certified copy of the court record is conclusive evidence of the
conviction.
(ix) Conviction of a
misdemeanor or felony involving fraud in
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obtaining or attempting to obtain fees related to the
practice of a health profession. A certified copy of the court record is
conclusive evidence of the conviction.
(x) Final adverse
administrative action by a licensure, registration, disciplinary, or
certification board involving the holder of, or an applicant for, a license or
registration regulated by another state or a territory of the United States, by
the United States military, by the federal government, or by another country. A
certified copy of the record of the board is conclusive evidence of the final
action.
(xi) Conviction of a
misdemeanor that is reasonably related to or that adversely affects the
licensee's or registrant's ability to practice in a safe and competent manner.
A certified copy of the court record is conclusive evidence of the conviction.
(xii) Conviction of a
violation of section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430.
A certified copy of the court record is conclusive evidence of the conviction.
(xiii) Conviction of a
criminal offense under section 83, 84, 316, 317, 321, 520b, 520c, 520d, or 520f
of the Michigan penal code, 1931 PA 328, MCL 750.83, 750.84, 750.316, 750.317,
750.321, 750.520b, 750.520c, 750.520d, and 750.520f. A certified copy of the
court record is conclusive evidence of the conviction.
(xiv) Conviction of a
violation of section 136 or 136a of the Michigan penal code, 1931 PA 328, MCL
750.136 and 750.136a. A certified copy of the court record is conclusive
evidence of the conviction.
(c) Prohibited acts, consisting of 1 or more of the
following:
(i) Fraud or deceit
in obtaining or renewing a license or registration.
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(ii) Permitting a
license or registration to be used by an unauthorized person.
(iii) Practice outside
the scope of a license.
(iv) Obtaining,
possessing, or attempting to obtain or possess a controlled substance as defined in section 7104 or
a drug as defined in section 7105 without lawful authority; or selling,
prescribing, giving away, or administering drugs for other than lawful diagnostic
or therapeutic purposes.
(d) Except as otherwise specifically provided in this
section, unethical business practices, consisting of 1 or more of the
following:
(i) False or
misleading advertising.
(ii) Dividing fees for
referral of patients or accepting kickbacks on medical or surgical services,
appliances, or medications purchased by or in behalf of patients.
(iii) Fraud or deceit
in obtaining or attempting to obtain third party reimbursement.
(e) Except as otherwise specifically provided in this
section, unprofessional conduct, consisting of 1 or more of the following:
(i) Misrepresentation
to a consumer or patient or in obtaining or attempting to obtain third party
reimbursement in the course of professional practice.
(ii) Betrayal of a professional
confidence.
(iii) Promotion for
personal gain of an unnecessary drug, device, treatment, procedure, or service.
(iv) Either of the
following:
(A) A requirement by a licensee other than a physician or a
registrant that an individual purchase or secure a drug, device,
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treatment, procedure, or service from another person, place,
facility, or business in which the licensee or registrant has a financial
interest.
(B) A referral by a physician for a designated health service
that violates 42 USC 1395nn or a regulation promulgated under that section. For
purposes of this subdivision, 42 USC 1395nn and the regulations promulgated
under that section as they exist on June 3, 2002 are incorporated by reference.
A disciplinary subcommittee shall apply 42 USC 1395nn and the regulations
promulgated under that section regardless of the source of payment for the
designated health service referred and rendered. If 42 USC 1395nn or a regulation
promulgated under that section is revised after June 3, 2002, the department
shall officially take notice of the revision. Within 30 days after taking
notice of the revision, the department shall decide whether or not the revision
pertains to referral by physicians for designated health services and continues
to protect the public from inappropriate referrals by physicians. If the
department decides that the revision does both of those things, the department
may promulgate rules to incorporate the revision by reference. If the
department does promulgate rules to incorporate the revision by reference, the
department shall not make any changes to the revision. As used in this
sub-subparagraph, "designated health service" means that term as
defined in 42 USC 1395nn and the regulations promulgated under that section and
"physician" means that term as defined in sections 17001 and 17501.
(v) For a physician
who makes referrals under 42 USC 1395nn or a regulation promulgated under that
section, refusing to accept a reasonable proportion of patients eligible for
Medicaid and refusing to accept payment from Medicaid or Medicare as payment in
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full for a treatment, procedure, or service for which the
physician refers the individual and in which the physician has a financial
interest. A physician who owns all or part of a facility in which he or she
provides surgical services is not subject to this subparagraph if a referred
surgical procedure he or she performs in the facility is not reimbursed at a
minimum of the appropriate Medicaid or Medicare outpatient fee schedule,
including the combined technical and professional components.
(vi) Any conduct by a
health professional with a patient while he or she is acting within the health
profession for which he or she is licensed or registered, including conduct
initiated by a patient or to which the patient consents, that is sexual or may
reasonably be interpreted as sexual, including, but not limited to, sexual
intercourse, kissing in a sexual manner, or touching of a body part for any
purpose other than appropriate examination, treatment, or comfort.
(vii) Offering to
provide practice-related services, such as drugs, in exchange for sexual
favors.
(viii) A violation of
section 16655(4) by a dental therapist.
(f) Failure to notify under section 16222(3) or (4).
(g) Failure to report a change of name or mailing address as
required in section 16192.
(h) A violation, or aiding or abetting in a violation, of
this article or of a rule promulgated under this article.
(i) Failure to comply with a subpoena issued pursuant to this
part, failure to respond to a complaint issued under this article, article 7,
or article 8, failure to appear at a compliance conference or an administrative
hearing, or failure to report under section 16222(1) or 16223.
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(j) Failure to pay an installment of an assessment levied
under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, within
60 days after notice by the appropriate board.
(k) A violation of section 17013 or 17513.
(l) Failure to meet 1
or more of the requirements for licensure or registration under section 16174.
(m) A violation of section 17015, 17015a, 17017, 17515, or
17517.
(n) A violation of section 17016 or 17516.
(m) (o) Failure to comply with section 9206(3).
(n) (p) A violation of section 5654 or 5655.
(o) (q) A violation of section 16274.
(p) (r) A violation of section 17020 or 17520.
(q) (s) A violation of the medical records access act,
2004 PA 47, MCL 333.26261 to 333.26271.
(r) (t) A violation of section 17764(2).
(s) (u) Failure to comply with the terms of a practice
agreement described in section 17047(2)(a) or (b), 17547(2)(a) or (b), or
18047(2)(a) or (b).
(t) (v) A violation of section 7303a(2).
(u) (w) A violation of section 7303a(4) or (5).
(v) (x) A violation of section 7303b.
Sec. 16226. (1) After finding the existence of 1 or
more of the grounds for disciplinary subcommittee action listed in section
16221, a disciplinary subcommittee shall impose 1 or more of the following
sanctions for each violation:
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Violations of Section 16221 |
Sanctions |
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Subdivision (a), (b)(i), |
Probation, limitation, denial, |
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(b)(ii), (b)(iii), (b)(iv), |
suspension, revocation, |
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|
(b)(v), (b)(vi), (b)(vii), |
permanent revocation, |
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(b)(ix), (b)(x), (b)(xi), |
restitution, or fine. |
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or (b)(xii) |
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Subdivision (b)(viii) |
Revocation, permanent revocation, |
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or denial. |
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Subdivision (b)(xiii) |
Permanent revocation |
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for a violation described in |
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subsection (5); otherwise, |
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probation, limitation, denial, |
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suspension, revocation, |
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restitution, or fine. |
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Subdivision (b)(xiv) |
Permanent revocation. |
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Subdivision (c)(i) |
Denial, revocation, suspension, |
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probation, limitation, or fine. |
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Subdivision (c)(ii) |
Denial, suspension, revocation, |
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restitution, or fine. |
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Subdivision (c)(iii) |
Probation, denial, suspension, |
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revocation, restitution, or fine. |
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Subdivision (c)(iv) |
Fine, probation, denial, |
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or (d)(iii) |
suspension, revocation, permanent |
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revocation, or restitution. |
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Subdivision (d)(i) |
Reprimand, fine, probation, |
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or (d)(ii) |
denial, or restitution. |
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Subdivision (e)(i), |
Reprimand, fine, probation, |
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(e)(iii), (e)(iv), (e)(v), |
limitation, suspension, |
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(h), or (s)(q) |
revocation, permanent revocation, |
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denial, or restitution. |
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Subdivision (e)(ii) |
Reprimand, probation, suspension, |
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or (i)(i) |
revocation, permanent |
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revocation, restitution, |
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denial, or fine. |
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Subdivision (e)(vi), |
Probation, suspension, revocation |
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(e)(vii), or (e)(viii) |
limitation, denial, |
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restitution, or fine. |
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Subdivision (f) |
Reprimand, denial, limitation, |
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probation, or fine. |
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Subdivision (g) |
Reprimand or fine. |
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Subdivision (j) |
Suspension or fine. |
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Subdivision (k), (p),(n), |
Reprimand, probation, suspension, |
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or (r)(p) |
revocation, permanent revocation, |
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or fine. |
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Subdivision (l) |
Reprimand, denial, or |
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limitation. |
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Subdivision (m) or (o) |
Denial, revocation, restitution, |
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probation, suspension, |
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limitation, reprimand, or fine. |
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Subdivision (n) |
Revocation or denial. |
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Subdivision (q)(o) |
Revocation. |
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Subdivision (t)(r) |
Revocation, permanent revocation, |
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fine, or restitution. |
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Subdivision (u)(s) |
Denial, revocation, probation, |
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suspension, limitation, reprimand, |
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or fine. |
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Subdivision (t) or (v) or |
Probation, limitation, denial, |
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(x) |
fine, suspension, revocation, or |
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permanent revocation. |
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Subdivision (w)(u) |
Denial, fine, reprimand, |
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probation, limitation, |
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suspension, revocation, or |
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permanent revocation. |
(2) Determination of
sanctions for violations under this
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section
shall be made by a disciplinary subcommittee. If, during judicial review, the
court of appeals determines that a final decision or order of a disciplinary
subcommittee prejudices substantial rights of the petitioner for 1 or more of
the grounds listed in section 106 of the administrative procedures act of 1969,
1969 PA 306, MCL
24.306, and holds that the final decision or order is unlawful and is to be set
aside, the court shall state on the record the reasons for the holding and may
remand the case to the disciplinary subcommittee for further consideration.
(3) A disciplinary
subcommittee may impose a fine in an amount that does not exceed $250,000.00
for a violation of section 16221(a) or (b). A disciplinary subcommittee shall
impose a fine of at least $25,000.00 if the violation of section 16221(a) or
(b) results in the death of 1 or more patients.
(4) A disciplinary
subcommittee may require a licensee or registrant or an applicant for licensure
or registration who has violated this article, article 7, or article 8 or a
rule promulgated under this article, article 7, or article 8 to satisfactorily
complete an educational program, a training program, or a treatment program, a
mental, physical, or professional competence examination, or a combination of
those programs and examinations.
(5) A disciplinary
subcommittee shall impose the sanction of permanent revocation for a violation
of section 16221(b)(xiii) if the violation
occurred while the licensee or registrant was acting within the health profession
for which he or she was licensed or registered.
(6) Except as otherwise provided in subsection (5) and this
subsection, a disciplinary subcommittee shall not impose the
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sanction of permanent revocation under this section without a
finding that the licensee or registrant engaged in a pattern of intentional
acts of fraud or deceit resulting in personal financial gain to the licensee or
registrant and harm to the health of patients under the licensee's or
registrant's care. This subsection does not apply if a disciplinary
subcommittee finds that a licensee or registrant has violated section 16221(b)(xiv).
Sec. 16245. (1) Except as otherwise provided in this
section or section 16245a, an individual whose license is limited, suspended,
or revoked under this part may apply to his or her board or task force for a
reinstatement of a revoked or suspended license or reclassification of a
limited license pursuant to section 16247 or 16249.
(2) Except as otherwise
provided in this section or section 16245a, an individual whose registration is
suspended or revoked under this part may apply to his or her board for a
reinstatement of a suspended or revoked registration pursuant to section 16248.
(3) A board or task force
shall reinstate a license or registration suspended for grounds stated in
section 16221(j) upon on payment of the installment.
(4) Except as otherwise
provided in this section or section 16245a, in case of a revoked license or
registration, an applicant shall not apply for reinstatement before the
expiration of 3 years after the effective date of the revocation. Except as
otherwise provided in this section or section 16245a, in the case of a license
or registration that was revoked for a violation of section 16221(b)(vii) or (xiii), a violation of
section 16221(c)(iv) consisting of a
felony conviction, any other felony conviction involving a controlled
substance, or a violation of section 16221(q), 16221(o),
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an applicant shall not apply for reinstatement before the
expiration of 5 years after the effective date of the revocation. The
department shall return an application for reinstatement received before the
expiration of the applicable time period under this subsection.
(5) The department shall provide an opportunity for a hearing
before final rejection of an application for reinstatement unless the
application is returned because the applicant is ineligible for reinstatement
under subsection (4) or (9).
(6) Based upon
on the
recommendation of the disciplinary subcommittee for each health profession, the
department shall adopt guidelines to establish specific criteria to be met by
an applicant for reinstatement under this article, article 7, or article 8. The
criteria may include corrective measures or remedial education as a condition
of reinstatement. If a board or task force, in reinstating a license or
registration, deviates from the guidelines adopted under this subsection, the
board or task force shall state the reason for the deviation on the record.
(7) An individual who seeks reinstatement or reclassification
of a license or registration under this section shall pay the application
processing fee as a reinstatement or reclassification fee. If approved for
reinstatement or reclassification, the individual shall pay the per year
license or registration fee for the applicable license or registration period.
(8) An individual who seeks reinstatement of a revoked or
suspended license or reclassification of a limited license under this section
shall have a criminal history check conducted in accordance with section 16174
and submit a copy of the results of the criminal history check to the board
with his or her application
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for reinstatement or reclassification.
(9) An individual whose license is permanently revoked under
section 16221 is ineligible for reinstatement. The department shall return an
application for reinstatement received if the applicant is ineligible for
reinstatement under this subsection.
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.this article for which another criminal penalty is specifically
prescribed.
Sec. 20106. (1) "Health facility or agency" , except as provided in section 20115, means:
(a) An ambulance
operation, aircraft transport operation, nontransport prehospital life support
operation, or medical first response service.
(b) A county medical care
facility.
(c) A freestanding
surgical outpatient facility.
(d) A health maintenance
organization.
(e) A home for the aged.
(f) A hospital.
(g) A nursing home.
(h) A hospice.
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(i) A hospice residence.
(j) A facility or agency
listed in subdivisions (a) to (g) located in a university, college, or other
educational institution.
(2) "Health
maintenance organization" means that term as defined in section 3501 of
the insurance code of 1956, 1956 PA 218, MCL 500.3501.
(3) "Home for the
aged" means a supervised personal care facility at a single address, other
than a hotel, adult foster care facility, hospital, nursing home, or county
medical care facility that provides room, board, and supervised personal care
to 21 or more unrelated, nontransient, individuals 55 years of age or older.
Home for the aged includes a supervised personal care facility for 20 or fewer
individuals 55 years of age or older if the facility is operated in conjunction
with and as a distinct part of a licensed nursing home. Home for the aged does
not include an area excluded from this definition by section 17(3) of the
continuing care community disclosure act, 2014 PA 448, MCL 554.917.
(4) "Hospice"
means a health care program that provides a coordinated set of services
rendered at home or in outpatient or institutional settings for individuals
suffering from a disease or condition with a terminal prognosis.
(5) "Hospital"
means a facility offering inpatient, overnight care, and services for
observation, diagnosis, and active treatment of an individual with a medical,
surgical, obstetric, chronic, or rehabilitative condition requiring the daily
direction or supervision of a physician. Hospital does not include a mental
health hospital licensed or operated by the department of health and human
services or a hospital operated by the department of corrections.
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(6) "Hospital
long-term care unit" means a nursing care facility, owned and operated by
and as part of a hospital, providing organized nursing care and medical
treatment to 7 or more unrelated individuals suffering or recovering from
illness, injury, or infirmity.
Sec. 20131. (1) The department shall establish a
comprehensive system of licensure and certification for health facilities or
agencies in accordance with this article to do all of the following:
(a) Protect the health,
safety, and welfare of individuals receiving care and services in or from a
health facility or agency.
(b) Assure Ensure the medical accountability for
reimbursed care provided by a certified health facility or agency participating
in a federal or state health program.
(2) The department may
certify a health facility or agency, or a part thereof, defined in section 20106 or under section 20115 of a health facility or agency, when
certification is required by state or federal law, rule, or regulation.
(3) The department shall
coordinate all functions in state government affecting health facilities and
agencies licensed under this article and cooperate with other state agencies
which establish standards or requirements for health facilities and agencies to
assure ensure necessary, equitable, and
consistent state supervision of licensees without unnecessary duplication of
survey, evaluation, and consultation services or complaint investigations. The
department may enter into agreements with other state agencies necessary to
accomplish this purpose.
(4) The department shall
utilize public disclosure to improve the effectiveness of licensure.
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Sec. 22224. (1) A health facility required to be licensed as a freestanding
surgical outpatient facility by rules promulgated under section 20115(2) due to
the performance of abortions at that facility is not required to obtain a
certificate of need in order to be granted a license as a freestanding surgical
outpatient facility. However, a health facility described in this subsection is
subject to this part for the services performed at that facility other than
abortions.
(1)
(2) If a freestanding surgical outpatient facility is
applying for a certificate of need to initiate, replace, or expand a covered
clinical service consisting of surgical services, the department shall not
count abortion procedures in determining if the freestanding surgical
outpatient facility meets the annual minimum number of surgical procedures
required in the certificate of need standards governing surgical services.
(2)
(3) As used in this section, "abortion" means that term as defined in section
17015.the intentional
use of an instrument, drug, or other substance or device to terminate an individual's
pregnancy for a purpose other than to increase the probability of a live birth,
to preserve the life or health of the child after live birth, or to remove a
fetus that has died as a result of natural causes, accidental trauma, or a criminal
assault on the pregnant individual. Abortion does not include the use or
prescription of a drug or device that prevents pregnancy, including by
preventing the implantation of an embryo.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 622
1
of the 100th Legislature is enacted into law.
