Bill Text: MI HB6111 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health occupations: health professionals; summary suspension or other sanction for a violation of an executive order; prohibit. Amends secs. 16221a & 16233 of 1978 PA 368 (MCL 333.16221a & 333.16233).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-09-01 - Bill Electronically Reproduced 08/17/2020 [HB6111 Detail]
Download: Michigan-2019-HB6111-Introduced.html
HOUSE BILL NO. 6111
August 17, 2020, Introduced by Reps. Slagh and
Meerman and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16221a and 16233 (MCL 333.16221a and 333.16233), section 16221a as added by 2014 PA 346 and section 16233 as amended by 2014 PA 280.
the people of the state of michigan enact:
Sec. 16221a. (1) Neither of the following is a ground for investigating a licensee
or registrant under section 16221 or for taking disciplinary action against the
licensee or registrant under section 16226:
(a)
Except in the case of gross
negligence or willful misconduct as determined by the department, a health care provider's the licensee's or registrant's recommendation
or treatment provided as authorized under
the right to try act, 2014 PA 345,
MCL 333.26451 to 333.26457. is not grounds for the department to investigate under section
16221 or for disciplinary action against a licensee under section 16226.
(2) As used in this section:
(a) "COVID-19"
means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(b)
"Gross negligence" means
conduct so reckless as to demonstrate a substantial lack of concern for whether
serious injury to a person would result.
(c)
(b) "Willful misconduct" means conduct committed
with an intentional or reckless disregard for the safety of others, as by
failing to exercise reasonable care to prevent a known danger.
Sec. 16233. (1) The department may conduct an
investigation necessary to administer and enforce this article. Investigations
may include written, oral, or practical tests of a licensee's or registrant's
competency. The department may establish a special paralegal unit to assist the
department.
(2) The department may
order an individual to cease and desist from a violation of this article,
article 7, or article 8 or a rule promulgated under this article, article 7, or
article 8.
(3) An individual ordered
to cease and desist under subsection (2) is entitled to a hearing before a
hearings examiner if the individual files a written request for a hearing
within 30 days after the effective date of the cease and desist order. The department
shall subsequently present the notice, if any, of the individual's failure to
respond to a complaint, or attend or be represented at a hearing as described
in sections 16231 and 16231a, or the recommended findings of fact and
conclusions of law to the appropriate disciplinary subcommittee to determine
whether the order is to remain in effect or be dissolved.
(4) Upon a violation of If a cease and desist order issued under
subsection (2) is violated, the
department of attorney general may apply in the circuit court to restrain and
enjoin, temporarily or permanently, an individual from further violating the
cease and desist order.
(5) After Except as otherwise provided in subsection (7), after consultation
with the chair of the appropriate board or task force or his or her designee,
the department may summarily suspend a license or registration if the public
health, safety, or welfare requires emergency action in accordance with section
92 of the administrative procedures act of 1969, MCL 24.292. If a licensee or
registrant is convicted of a felony; a misdemeanor punishable by imprisonment
for a maximum term of 2 years; or a misdemeanor involving the illegal delivery,
possession, or use of a controlled substance, the department shall find that
the public health, safety, or welfare requires emergency action and, in
accordance with section 92 of the administrative procedures act of 1969, MCL
24.292, shall summarily suspend the licensee's license or the registrant's
registration. If a licensee or registrant is convicted of a misdemeanor
involving the illegal delivery, possession, or use of alcohol that adversely
affects the licensee's ability to practice in a safe and competent manner, the
department may find that the public health, safety, or welfare requires emergency
action and, in accordance with section 92 of the administrative procedures act
of 1969, MCL 24.292, may summarily suspend the licensee's license or the
registrant's registration.
(6) The department may
summarily suspend a pharmacy license if the department has received a notice
from the United States food and drug
administration Food and Drug
Administration or the centers for disease control and prevention Centers for Disease Control and Prevention that
there is an imminent risk to the public health, safety, or welfare and
emergency action in accordance with section 92 of the administrative procedures
act of 1969, MCL 24.292, is appropriate. A suspension under this subsection
remains in effect for the duration of the emergency situation that poses a risk
to the public health, safety, or welfare. Notwithstanding any provision of this
act to the contrary, the department is not required to conduct an investigation
or consult with the board of pharmacy to take emergency action under this
subsection.
(7)
The department shall not summarily suspend a licensee's license or a
registrant's registration under subsection (5) for conduct that violates an
executive order issued by the governor during a state of disaster or emergency
declared under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421,
or 1945 PA 302, MCL 10.31 to 10.33, relating to COVID-19. This subsection does
not apply if the licensee's or registrant's conduct would be a ground for summary
suspension under subsection (5) if the executive order had not been issued. As
used in this subsection, "COVID-19" means severe acute respiratory
syndrome coronavirus 2 (SARS-CoV-2).
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6110 (request no. 07349'20 a) of the 100th Legislature is enacted into law.
