Bill Text: MI HB4778 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health; medical records; primary care physician to include in patient's medical record a copy of criminal record, if any, and government-issued photo identification; require, and prohibit provision of primary care services until obtained. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 16279.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2009-04-21 - Printed Bill Filed 04/03/2009 [HB4778 Detail]
Download: Michigan-2009-HB4778-Introduced.html
HOUSE BILL No. 4778
April 2, 2009, Introduced by Reps. Marleau, Elsenheimer, Rick Jones and Ball and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 16279.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16279. (1) A physician under part 170 or part 175 or any
person acting under the supervision of that physician shall not
provide primary care services to a patient unless all of the
requirements of this section are met. This section does not apply
to a physician or any person acting under the supervision of a
physician who provides emergency or nonprimary care services to a
patient.
(2) A patient who is 16 years of age or older shall present
his or her government-issued photo identification to his or her
primary care physician upon entering the office or during the
check-in process. A physician shall make a copy of the patient's
government-issued photo identification and place that copy in the
patient's permanent medical record. The physician shall determine
at each subsequent visit by the patient whether the identification
in the patient's medical record is up-to-date and shall update the
record if necessary.
(3) A patient who has been convicted of a drug offense shall
disclose that conviction to a physician who is providing primary
care services. A physician shall include in any documentation
required of patients during the check-in process a space for the
patient to disclose if he or she has been convicted of a drug
offense. If a patient discloses a drug offense under this
subsection, the physician or any person acting under the
supervision of that physician shall not provide primary care
services to that patient at any subsequent visit until the patient
provides a copy of his or her criminal record. A physician shall
make a copy of the patient's criminal record and place that copy in
the patient's permanent medical record. The physician shall
determine at each subsequent visit by the patient whether the
patient's criminal record is up-to-date and shall update the record
if necessary.
(4) As used in this section:
(a) "Drug offense" means any crime involving a prescription
drug, including illegally manufacturing, creating, delivering,
distributing, or possessing prescription drugs, illegally obtaining
prescription drugs, illegally using or abusing prescription drugs,
or violating an order of probation through the illegal use, abuse,
or handling of prescription drugs.
(b) "Government-issued photo identification" means a Michigan
operator's or chauffeur's license, department of state-issued
personal identification card, other government-issued photo
identification card, or a photo identification card issued by an
institution of higher education in this state described in section
4, 5, or 6 of article VIII of the state constitution of 1963 or a
junior college or community college established under section 7 of
article VIII of the state constitution of 1963 that contains a
current residence address to establish the patient's identity and
residence address.
(c) "Prescription drug" means that term as defined in section
17708.
Enacting section 1. This amendatory act takes effect 60 days
after the date it is enacted into law.
