Bill Text: MI HB5152 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Health; patient directives; nonopioid directive form; create. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 9145.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 554'18 With Immediate Effect [HB5152 Detail]
Download: Michigan-2017-HB5152-Engrossed.html
HB-5152, As Passed Senate, December 20, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5152
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 9145.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9145. (1) The department shall develop a nonopioid
directive form indicating to health professionals and emergency
medical services personnel that, except as otherwise provided in
subsection (3) or in rules promulgated by the department under
subsection (5), an individual who has executed the form or who has
had a form executed on the individual's behalf must not be
administered an opioid or offered a prescription for an opioid. The
department shall include on the nonopioid directive form
instructions on how the form may be revoked and any other
information that the department considers relevant. The department
shall make the form available to the public on the department's
internet website.
(2) An individual may execute a nonopioid directive form on
his or her own behalf. A guardian or patient advocate of an
individual may execute a nonopioid directive form on behalf of the
individual. If a nonopioid directive form is executed by or on
behalf of an individual and is presented to a health professional,
the health professional shall obtain a copy of the form and include
the copy in the individual's medical record. An individual may
revoke a nonopioid directive form executed by himself or herself at
any time and in any manner by which he or she is able to
communicate his or her intent to revoke the form. A patient
advocate or guardian may revoke a nonopioid directive form on
behalf of an individual at any time by issuing the revocation in
writing and providing notice of the revocation to the individual's
health professional or his or her delegatee.
(3) A prescriber who holds a controlled substances license
under article 7 or a health professional who is a practical nurse
or registered professional nurse and is acting on the order of the
prescriber may administer an opioid to an individual who has
executed a nonopioid directive form or who has had a nonopioid
directive form executed on his or her behalf if the individual is
being treated at a hospital or in a setting outside of a hospital
in the case of an emergency and, in the prescriber's professional
opinion, the administration of the opioid is medically necessary to
treat the individual. If an opioid is administered under this
subsection, the prescriber shall ensure that the individual is
provided with information on substance use disorder services as
that term is defined in section 6230.
(4) Except as otherwise provided by law, the following are not
subject to civil or criminal liability or professional disciplinary
action for failing to administer, prescribe, or dispense an opioid,
or for the inadvertent administration of an opioid, to an
individual who has executed a nonopioid directive form or who has
had a nonopioid directive form executed on his or her behalf, if
the failure to act or act was done reasonably and in good faith:
(a) A health professional whose scope of practice includes the
prescribing, administering, or dispensing of a controlled
substance.
(b) A health facility or agency licensed under article 17.
(c) An employee of a health professional.
(d) An employee of a health facility or agency licensed under
article 17.
(e) Emergency medical services personnel.
(5) Subject to subsection (6), the department shall promulgate
rules to implement this section. The rules must include, but not be
limited to, all of the following:
(a) Procedures to record a nonopioid directive form in a
medical record, including an electronic medical record.
(b) Procedures to revoke a nonopioid directive form.
(c) Procedures to ensure that the recording, disclosure, or
distribution of data relating to a nonopioid directive form or the
transmission of a nonopioid directive form complies with state and
federal confidentiality and consent laws, rules, and regulations.
(d) Exemptions for administering or prescribing an opioid to
an individual who has executed a nonopioid directive form or who
has had a nonopioid directive form executed on his or her behalf if
the opioid is administered or prescribed to treat the individual
for a substance use disorder.
(e) Exemptions for administering or prescribing an opioid to
an individual who has executed a nonopioid directive form or who
has had a nonopioid directive form executed on his or her behalf if
the individual is a hospice patient.
(6) The rules promulgated under this section must allow a
health professional or health facility or agency licensed under
article 17 to incorporate a nonopioid directive form into an
existing patient form or into other documentation used by the
health professional or health facility or agency.
(7) As used in this section:
(a) "Emergency medical services personnel" means that term as
defined in section 20904.
(b) "Guardian" means a person with the powers and duties to
make medical treatment decisions on behalf of a patient to the
extent granted by court order under section 5314 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5314.
(c) "Health professional" means an individual who is licensed
under article 15.
(d) "Nonopioid directive form" or "form" means the nonopioid
directive form developed by the department under subsection (1).
(e) "Patient advocate" means an individual designated to make
medical treatment decisions for a patient under sections 5506 to
5515 of the estates and protected individuals code, 1998 PA 386,
MCL 700.5506 to 700.5515.
(f) "Prescriber" means that term as defined in section 17708.
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 House Bill No. 5153 of the 99th Legislature is enacted into
law.
