Bill Text: MI HB5085 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health; abortion; immunity from penalty or sanction for failing to comply with certain provisions regarding abortion; provide for if physician determines compliance is not medically appropriate for the patient. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 16220.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2015-12-02 - Printed Bill Filed 12/02/2015 [HB5085 Detail]

Download: Michigan-2015-HB5085-Introduced.html

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HOUSE BILL No. 5085

December 1, 2015, Introduced by Reps. Sarah Roberts, Greig, Hovey-Wright, Lane, Faris, Smiley, Plawecki, Brinks, Singh, Townsend, Pagan, Irwin, Zemke, Wittenberg, Chang, Greimel, Guerra, Durhal and Moss and referred to the Committee on Criminal Justice.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 16220.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16220. (1) Notwithstanding any provision of this act to

 

the contrary, a physician or qualified person assisting the

 

physician is immune from criminal penalty, civil sanction, and

 

administrative sanction for a failure to comply with section 17015,

 

17017, 17515, or 17517 for patient care provided to a specific

 

patient if, in the physician's good-faith medical judgment,

 

compliance with section 17015, 17017, 17515, or 17517 in that case

 

is inconsistent with accepted, evidence-based medical practices or

 

is medically inappropriate for the patient. This section does not

 

do any of the following:

 

     (a) Abrogate the professional standard of care to which a

 

physician or qualified person assisting the physician is expected

 

to adhere.

 

     (b) Alter existing standards for medical malpractice.

 

     (2) As used in this section:

 

     (a) "Patient care" means all aspects of the health care

 

professional's interaction with a human patient, including the

 

provision of information and clinical care.

 

     (b) "Physician" means that term as defined in section 17001 or

 

17501.

 

     (c) "Qualified person assisting the physician" means that term

 

as defined in section 17015.