Bill Text: MI HB4384 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health occupations: health professionals; disclosure to patient regarding being placed on probation by a board or task force; require. Amends sec. 16241 of 1978 PA 368 (MCL 333.16241).
Spectrum: Moderate Partisan Bill (Democrat 36-6)
Status: (Introduced - Dead) 2019-03-19 - Bill Electronically Reproduced 03/14/2019 [HB4384 Detail]
Download: Michigan-2019-HB4384-Introduced.html
HOUSE BILL No. 4384
March 14, 2019, Introduced by Reps. Garrett, Byrd, Pagan, Glenn, Hornberger, Alexander, Witwer, Pohutsky, Anthony, Brixie, Clemente, Ellison, Guerra, Hoadley, Hammoud, Garza, Whiteford, Neeley, LaGrand, Rendon, Kuppa, Sabo, Elder, Sowerby, Camilleri, Bolden, Whitsett, Hertel, Kennedy, Koleszar, Sneller, Tyrone Carter, Shannon, Hauck, Tate, Lasinski, Greig, Warren, Rabhi, Gay-Dagnogo, Wittenberg and Jones and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16241 (MCL 333.16241), as amended by 2014 PA
280.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16241. (1) After administrative disciplinary action is
final, the department shall publish a list of the names and
addresses of disciplined individuals. The department shall indicate
on the list that a final administrative disciplinary action is
subject to judicial review. The department shall report
disciplinary
action to the department of community health and human
services, the department of insurance and financial services, the
state and federal agencies responsible for fiscal administration of
federal health care programs, and the appropriate professional
association.
(2) Once each calendar year, the department shall transmit to
the library of Michigan sufficient copies of a compilation of the
lists required under subsection (1) for the immediately preceding 3
calendar years. The library of Michigan shall distribute the
compilation to each depository library in this state. The
department shall also transmit the compilation to each county clerk
in this state once each calendar year.
(3)
The department of community health and human services
shall report the disciplinary actions to appropriate licensed
health facilities and agencies. The department of insurance and
financial services shall report the disciplinary actions received
from the department to insurance carriers providing professional
liability insurance.
(4) In case of a summary suspension of a license under section
16233(5), the department shall report the name and address of the
individual whose license has been suspended to the department of
community
health and human services, the department of insurance
and financial services, the state and federal agencies responsible
for fiscal administration of federal health care programs, and the
appropriate professional association. In case of a summary
suspension of a license under section 16233(6), the department
shall report the name and address of the pharmacy license that has
been
suspended to the department of community health and human
services, the department of insurance and financial services, the
state and federal agencies responsible for fiscal administration of
federal health care programs, and the appropriate professional
association.
(5) A licensee or registrant who has been placed on probation
under this article or whose license or registration is revoked or
suspended under this article shall give notice of the probation,
revocation, or suspension to each patient who contacts the licensee
or registrant for professional services during the term of the
probation, revocation, or suspension. The licensee or registrant
may give the notice required under this subsection orally and shall
give the notice required under this subsection at the time of
contact.
(6) A licensee or registrant who is placed on probation under
this article or whose license or registration is revoked or is
suspended for more than 60 days under this article shall notify in
writing each patient or client to whom the licensee or registrant
rendered professional services in the licensee's or registrant's
private practice during the 120 days immediately preceding the date
of the final order imposing the probation, revocation, or
suspension and to each individual who is already scheduled for
professional services during the first 120 days after the date of
the final order imposing the probation, revocation, or suspension.
The notice must be on a form provided by the licensee's or
registrant's board or task force and state, at a minimum, the name,
address, and license or registration number of the licensee or
registrant, the fact that he or she has been placed on probation or
that his or her license or registration has been revoked or
suspended, the effective date of the probation, revocation, or
suspension, and the term of the probation, revocation, or
suspension. Each board or task force shall develop a notice form
that meets at least the minimum requirements of this subsection.
The licensee or registrant shall send the notice to each patient or
client to whom the licensee or registrant rendered professional
services in the licensee's or registrant's private practice during
the 120 days immediately preceding the date of the final order
imposing the probation, revocation, or suspension within 30 days
after the date of the final order imposing the probation,
revocation, or suspension and shall simultaneously transmit a copy
of the notice to the department. The licensee or registrant orally
shall notify each individual who contacts the licensee or
registrant for professional services during the first 120 days
after the date of the final order imposing the probation,
revocation, or suspension. The licensee or registrant shall also
provide a copy of the notice within 10 days after the date of the
final order imposing the probation, revocation, or suspension to
his or her employer, if any, and to each hospital, if any, in which
the licensee or registrant is admitted to practice.
(7)
A licensee or registrant who is reprimanded, fined, placed
on
probation, or ordered to pay restitution
under this article or
an applicant whose application for licensure or registration is
denied under this article shall notify his or her employer, if any,
and each hospital, if any, in which he or she is admitted to
practice, in the same manner as provided for notice of probation,
revocation, or suspension to an employer or hospital under
subsection (6), within 10 days after the date of the final order
imposing the sanction.
(8) The department shall annually report to the legislature
and to each board and task force on disciplinary actions taken
under this article, article 7, and article 8. The department shall
include, at a minimum, all of the following information in the
report required under this subsection:
(a) Investigations conducted, complaints issued, and
settlements reached by the department, separated out by type of
complaint and health profession.
(b) Investigations and complaints closed or dismissed.
(c) Actions taken by each disciplinary subcommittee, separated
out by type of complaint, health profession, and final order
issued.
(d) Recommendations by boards and task forces.
(e) The number of extensions and delays granted by the
department that were in excess of the time limits required under
this article for each phase of the disciplinary process, and the
types of cases for which the extensions and delays were granted.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
