Bill Text: MI HB4415 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Occupations; chiropractors; special volunteer license for retired physicians; expand to include chiropractors. Amends secs. 16184 & 16185 of 1978 PA 368 (MCL 333.16184 & 333.16185).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-25 - Printed Bill Filed 02/25/2009 [HB4415 Detail]

Download: Michigan-2009-HB4415-Introduced.html

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HOUSE BILL No. 4415

 

February 24, 2009, Introduced by Rep. Hildenbrand and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185),

 

section 16184 as amended by 2006 PA 591 and section 16185 as added

 

by 2006 PA 25.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16184. (1) An individual who is retired from the active

 

practice of medicine, osteopathic medicine and surgery, podiatric

 

medicine and surgery, chiropractic, or dentistry and who wishes to

 

donate his or her expertise for the medical, chiropractic, or

 

dental care and treatment of indigent and needy individuals in this

 

state or for the medical, chiropractic, or dental care and

 

treatment of individuals in medically underserved areas of this

 

state may obtain a special volunteer license to engage in the

 

practice of medicine, osteopathic medicine and surgery, podiatric

 

medicine and surgery, chiropractic, or dentistry by submitting an

 

application to the board pursuant to this section. An application

 

for a special volunteer license shall be on a form provided by the

 

department and shall include each of the following:

 

     (a) Documentation that the individual has been previously

 

licensed to engage in the practice of medicine, osteopathic

 

medicine and surgery, podiatric medicine and surgery, chiropractic,

 

or dentistry in this state and that his or her license was in good

 

standing prior to the expiration of his or her license.

 

     (b) Acknowledgment and documentation that the applicant will

 

not receive any payment or compensation, either direct or indirect,

 

or have the expectation of any payment or compensation, for any

 

medical, chiropractic, or dental care services provided under the

 

special volunteer license.

 

     (c) If the applicant has been out of practice for 3 or more

 

years, documentation that, during the 3 years immediately preceding

 

the application, he or she has attended at least 2/3 of the

 

continuing education courses or programs required under part 170,

 

175, 180, 164, or 166 for the renewal of a license.

 

     (2) If the board determines that the application of the

 

individual satisfies the requirements of subsection (1) and that

 

the individual meets the requirements for a license as prescribed

 

by this article and rules promulgated under this article, the board

 

shall grant a special volunteer license to the applicant. A

 

licensee seeking renewal under this section shall provide the board

 

with an updated acknowledgment and documentation as described under

 

subsection (1)(b). Except as otherwise provided under this

 

subsection, the board shall not charge a fee for the issuance or

 

renewal of a special volunteer license under this section.

 

     (3) Except as otherwise provided under this subsection, an

 

individual who is granted a special volunteer license pursuant to

 

this section and who accepts the privilege of practicing medicine,

 

osteopathic medicine and surgery, podiatric medicine and surgery,

 

chiropractic, or dentistry in this state is subject to all of the

 

provisions of this article, including those provisions concerning

 

continuing education and disciplinary action.

 

     (4) For purposes of this section, an individual is considered

 

retired from practice if the individual's license has expired with

 

the individual's intention of ceasing to engage in the practice of

 

medicine, osteopathic medicine and surgery, podiatric medicine and

 

surgery, chiropractic, or dentistry for remuneration.

 

     Sec. 16185. (1) Subject to subsection (2), a physician an

 

individual who provides medical, chiropractic, or dental care under

 

a special volunteer license granted under section 16184 is not

 

liable in a civil action for personal injury or death proximately

 

caused by the professional negligence or malpractice of the

 

physician volunteer licensee in providing the care if both of the

 

following apply:

 

     (a) The care is provided at a health facility or agency that

 

provides at least 75% of its care annually to medically indigent

 

individuals.

 

     (b) The physician licensee does not receive and does not

 

intend to receive compensation for providing the care.

 

     (2) Subsection (1) does not apply if the negligent conduct or

 

malpractice of the physician volunteer licensee is gross

 

negligence.

 

     (3) As used in this section:

 

     (a) "Gross negligence" means conduct so reckless as to

 

demonstrate a substantial lack of concern for whether an injury

 

results.

 

     (b) "Medically indigent individual" means that term as defined

 

in section 106 of the social welfare act, 1939 PA 280, MCL 400.106.