Bill Text: MI SB0164 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health; abortion; rules and standards for performing surgical abortions; revise, and modify sanctions for noncompliance. Amends secs. 20115 & 20165 of 1978 PA 368 (MCL 333.20115 & 333.20165) & adds sec. 20116.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-15 - Referred To Committee On Oversight [SB0164 Detail]

Download: Michigan-2017-SB0164-Introduced.html

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SENATE BILL No. 164

 

 

February 15, 2017, Introduced by Senators PROOS, COLBECK, BOOHER, MARLEAU, NOFS, KNOLLENBERG, PAVLOV, EMMONS and ZORN and referred to the Committee on Oversight.

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 20115 and 20165 (MCL 333.20115 and 333.20165),

 

section 20115 as amended by 2012 PA 499 and section 20165 as

 

amended by 2008 PA 39, and by adding section 20116.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20115. (1) The department may promulgate rules to further

 

define the term "health facility or agency" and the definition of a

 

health facility or agency listed in section 20106 as required to

 

implement this article. The department may define a specific

 

organization as a health facility or agency for the sole purpose of

 

certification authorized under this article. For purpose of

 

certification only, an organization defined in section 20106(5),

 

20108(1), or 20109(4) is considered a health facility or agency.

 

The term "health facility or agency" does not mean a visiting nurse

 

service or home aide service conducted by and for the adherents of

 

a church or religious denomination for the purpose of providing

 

service for those who depend upon spiritual means through prayer

 

alone for healing.

 

     (2) The department shall promulgate rules to differentiate a

 

freestanding surgical outpatient facility from a private office of

 

a physician, dentist, podiatrist, or other health professional. The

 

department shall specify in the rules that a facility including,

 

but not limited to, a private practice office described in this

 

subsection must be licensed under this article as a freestanding

 

surgical outpatient facility if that facility performs 120 or more

 

surgical abortions per year and publicly advertises outpatient

 

abortion services. The department shall also specify in the rules

 

that a facility that must be licensed as a freestanding surgical

 

outpatient facility under this subsection shall not continue to

 

perform surgical abortions until it obtains a license from the

 

department. A person that violates this subsection is subject to

 

the following:

 

     (a) For a first violation, a person may be ordered to pay a

 

civil fine of not more than $545.00. A violation of this

 

subdivision may be prosecuted by the prosecutor of the county in

 

which the violation occurred or by the attorney general. A civil

 

fine that is collected under this subdivision must be deposited

 

into the clinic inspection fund created in section 20116.

 

     (b) For a second or subsequent violation, a person is subject

 

to the sanction described in section 20165(5).

 

     (3) The department shall promulgate rules that in effect

republish R 325.3826, R 325.3832, R 325.3835, R 325.3857, R

 

325.3866, R 325.3867, and R 325.3868 of the Michigan administrative

 

code, Administrative Code, but shall include in the rules standards

 

for a freestanding surgical outpatient facility or private practice

 

office that performs 120 or more surgical abortions per year and

 

that publicly advertises outpatient abortion services. The

 

department shall assure ensure that the standards are consistent

 

with the most recent United States supreme court Supreme Court

 

decisions regarding state regulation of abortions.

 

     (4) Subject to section 20145 and part 222, the department may

 

modify or waive 1 or more of the rules contained in R 325.3801 to R

 

325.3877 of the Michigan administrative code Administrative Code

 

regarding construction or equipment standards, or both, for a

 

freestanding surgical outpatient facility that performs 120 or more

 

surgical abortions per year and that publicly advertises outpatient

 

abortion services, if both of the following conditions are met:

 

     (a) The freestanding surgical outpatient facility was in

 

existence and operating on December 31, 2012.

 

     (b) The department makes a determination that the existing

 

construction or equipment conditions, or both, within the

 

freestanding surgical outpatient facility are adequate to preserve

 

the health and safety of the patients and employees of the

 

freestanding surgical outpatient facility or that the construction

 

or equipment conditions, or both, can be modified to adequately

 

preserve the health and safety of the patients and employees of the

 

freestanding surgical outpatient facility without meeting the

 

specific requirements of the rules.

     (5) By January 15 each year, the department of community

 

health and human services shall provide the following information

 

to the department: of licensing and regulatory affairs:

 

     (a) From data received by the department of community health

 

and human services through the abortion reporting requirements of

 

section 2835, all of the following:

 

     (i) The name and location of each facility at which abortions

 

were performed during the immediately preceding calendar year.

 

     (ii) The total number of abortions performed at that facility

 

location during the immediately preceding calendar year.

 

     (iii) The total number of surgical abortions performed at that

 

facility location during the immediately preceding calendar year.

 

     (b) Whether a facility at which surgical abortions were

 

performed in the immediately preceding calendar year publicly

 

advertises abortion services.

 

     (6) As used in this section:

 

     (a) "Abortion" means that term as defined in section 17015.

 

     (b) "Publicly advertises" means to advertise using directory

 

or internet advertising including yellow pages, white pages, banner

 

advertising, or electronic publishing.

 

     (c) "Surgical abortion" means an abortion that is not a

 

medical abortion as that term is defined in section 17017.

 

     Sec. 20116. (1) The clinic inspection fund is created within

 

the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund. The state treasurer shall

 

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department shall be the administrator of the fund for

 

auditing purposes.

 

     (5) The department shall expend money from the fund, upon

 

appropriation, only to conduct investigations or inspections under

 

section 20156 of the premises of an applicant that is required to

 

be licensed as a freestanding surgical outpatient facility under

 

section 20115(2).

 

     (6) As used in this section, "fund" means the clinic

 

inspection fund created in subsection (1).

 

     Sec. 20165. (1) Except as otherwise provided in this section,

 

after notice of intent to an applicant or licensee to deny, limit,

 

suspend, or revoke the applicant's or licensee's license or

 

certification and an opportunity for a hearing, the department may

 

deny, limit, suspend, or revoke the license or certification or

 

impose an administrative fine on a licensee if 1 or more of the

 

following exist:

 

     (a) Fraud or deceit in obtaining or attempting to obtain a

 

license or certification or in the operation of the licensed health

 

facility or agency.

 

     (b) A violation of this article or a rule promulgated under

 

this article.

 

     (c) False or misleading advertising.

 

     (d) Negligence or failure to exercise due care, including

 

negligent supervision of employees and subordinates.

     (e) Permitting a license or certificate to be used by an

 

unauthorized health facility or agency.

 

     (f) Evidence of abuse regarding a patient's health, welfare,

 

or safety or the denial of a patient's rights.

 

     (g) Failure to comply with section 10115.

 

     (h) Failure to comply with part 222 or a term, condition, or

 

stipulation of a certificate of need issued under part 222, or

 

both.

 

     (i) A violation of section 20197(1).

 

     (j) A violation of section 20115(2)(b).

 

     (2) The department may deny an application for a license or

 

certification based on a finding of a condition or practice that

 

would constitute a violation of this article if the applicant were

 

a licensee.

 

     (3) Denial, suspension, or revocation of an individual

 

emergency medical services personnel license under part 209 is

 

governed by section 20958.

 

     (4) If the department determines under subsection (1) that a

 

health facility or agency has violated section 20197(1), the

 

department shall impose an administrative fine of $5,000,000.00 on

 

the health facility or agency.

 

     (5) If the department determines under subsection (1) that a

 

person has violated section 20115(2)(b), the department shall deny

 

the person's application for a license.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.