Bill Text: MI HB6281 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health facilities; other; notice requirements for unlicensed facility whose primary purpose is providing pregnancy-related services; implement. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-09-05 - Bill Electronically Reproduced 08/15/2018 [HB6281 Detail]

Download: Michigan-2017-HB6281-Introduced.html

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HOUSE BILL No. 6281

 

 

August 15, 2018, Introduced by Rep. Elder and referred to the Committee on Health Policy.

 

     A bill to require an unlicensed family planning facility to

 

provide notice to clients and potential clients about its services;

 

to provide for the form of that notice; and to prescribe civil

 

sanctions and provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Facility" means an association, corporation, limited

 

liability company, or other legal entity.

 

     (b) "Licensed medical provider" means an individual who is

 

licensed, registered, or otherwise authorized to engage in a health

 

profession under article 15 of the public health code, 1978 PA 368,

 

MCL 333.16101 to 333.18838, and whose scope of practice includes

 

pregnancy-related services.

 

     (c) "Unlicensed covered facility" means a facility that meets

 

all of the following:

 

     (i) Is not a health facility or agency that is licensed under

 

article 17 of the public health code, 1978 PA 368, MCL 333.20101 to

 

333.22260, and is not directly conducted, maintained, or operated

 

by the United States or a department, officer, or agency of the

 

United States.

 

     (ii) Does not have a licensed medical provider on staff or

 

under contract who provides or directly supervises the performance

 

of the services described in subparagraph (iii).

 

     (iii) Its primary purpose is providing pregnancy-related

 

services to the public.

 

     (iv) Two or more of the following apply to the facility:

 

     (A) It offers obstetric ultrasounds, obstetric sonograms, or

 

prenatal care to pregnant women.

 

     (B) It offers pregnancy testing or pregnancy diagnosis.

 

     (C) It advertises or solicits clients with offers to provide

 

prenatal sonography, pregnancy tests, or pregnancy options

 

counseling.

 

     (D) It has staff or volunteers who collect health information

 

from clients.

 

     Sec. 3. (1) Subject to subsection (2), an unlicensed covered

 

facility shall provide the following notice to its clients and

 

potential clients:

 

     "This facility is not licensed as a health facility or agency

 

by the State of Michigan and the services provided at this facility

 

are not provided or directly supervised by a licensed medical

provider."

 

     (2) All of the following apply for purposes of subsection (1):

 

     (a) The notice must be included in all print or digital

 

advertisements of the unlicensed covered facility, and on all of

 

the facility's internet websites, in larger point type than the

 

surrounding text, or in contrasting type, font, or color to the

 

surrounding text of the same size, or set off from the surrounding

 

text of the same size by symbols or other marks that call attention

 

to the language.

 

     (b) The notice must be included in all broadcast advertising

 

of the unlicensed covered facility.

 

     (c) The notice must be posted conspicuously at each public

 

entrance to the unlicensed covered facility, in each room or area

 

in which clients or potential clients wait to receive services, and

 

in each room in which services are provided to a client or

 

potential client, written in a bold font and in at least 24-point

 

type on a sign that is at least 8.5 inches by 11 inches in size.

 

     Sec. 5. (1) An unlicensed covered facility that violates this

 

act is responsible for a civil fine of not more than $5,000.00 for

 

a first violation and not more than $10,000.00 for a second or

 

subsequent violation. Either the attorney general or a county

 

prosecutor may bring an action to recover a civil fine under this

 

section.

 

     (2) This act does not limit the right of a person to seek

 

legal relief and recovery of actual damages incurred in a civil

 

action arising out of a violation of the requirements of this act.

 

     Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.