Bill Text: MI SB0206 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Labor; fair employment practices; whistleblowers' provision; extend to health care employees. Amends sec. 20180 of 1978 PA 368 (MCL 333.20180).
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2009-02-10 - Referred To Committee On Health Policy [SB0206 Detail]
Download: Michigan-2009-SB0206-Introduced.html
SENATE BILL No. 206
February 10, 2009, Introduced by Senators CHERRY, ANDERSON, JACOBS, BRATER, OLSHOVE, BASHAM and BARCIA and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 20180 (MCL 333.20180), as amended by 2002 PA
731.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20180. (1) A person employed by or under contract to a
health
facility or agency services
employer or any other person
acting in good faith who makes a report or complaint including, but
not limited to, a report or complaint of a violation of this
article
act or a rule promulgated under this article act;
who
assists in originating, investigating, or preparing a report or
complaint; or who assists the department in carrying out its duties
under
this article act is immune from civil or criminal liability
that might otherwise be incurred and is protected under the
whistleblowers' protection act, 1980 PA 469, MCL 15.361 to 15.369.
A person described in this subsection who makes or assists in
making a report or complaint, or who assists the department as
described in this subsection, is presumed to have acted in good
faith. The immunity from civil or criminal liability granted under
this
subsection extends only to acts done pursuant to this article
act.
(2) Unless a person described in subsection (1) otherwise
agrees in writing, the department shall keep the person's identity
confidential
until disciplinary proceedings under this article act
are initiated against the subject of the report or complaint and
the person making or assisting in originating, investigating, or
preparing the report or complaint is required to testify in the
disciplinary proceedings. If disclosure of the person's identity is
considered by the department to be essential to the disciplinary
proceedings and if the person is the complainant, the department
shall give the person an opportunity to withdraw the complaint
before disclosure.
(3) Subject to subsection (4), a person employed by or under
contract
to a hospital health
services employer is immune from
civil or criminal liability that might otherwise be incurred and
shall not be discharged, threatened, or otherwise discriminated
against
by the hospital health
services employer regarding that
person's compensation or the terms, conditions, location, or
privileges of that person's employment if that person reports to
the department, verbally or in writing, an issue related to the
hospital
health services employer that is an unsafe practice or
condition
that is not a violation of this article act or a rule
promulgated
under this article act. The protections afforded under
this subsection do not limit, restrict, or diminish, in any way,
the protections afforded under the whistleblowers' protection act,
1980 PA 469, MCL 15.361 to 15.369.
(4) Except as otherwise provided in subsection (5), a person
employed
by or under contract to a hospital health services
employer is eligible for the immunity and protection provided under
subsection (3) only if the person meets all of the following
conditions before reporting to the department the issue related to
the
hospital health services
employer that is an unsafe practice or
condition
that is not a violation of this article act or a rule
promulgated
under this article act:
(a)
The person gave the hospital health
services employer 60
days'
written notice of the issue related to the hospital health
services employer that is an unsafe practice or condition that is
not
a violation of this article act
or a rule promulgated under
this
article act. A person who provides a hospital health services
employer written notice as provided under this subdivision shall
not be discharged, threatened, or otherwise discriminated against
by
the hospital health
services employer regarding that
person's
compensation or the terms, conditions, location, or privileges of
that person's employment. Within 60 days after receiving a written
notice
of an issue related to the hospital health services employer
that
is an unsafe practice or condition, the hospital health
services employer shall provide a written response to the person
who provided that written notice.
(b)
The person had no reasonable expectation that the hospital
health services employer had taken or would take timely action to
address
the issue related to the hospital health services employer
that is an unsafe practice or condition that is not a violation of
this
article act or a rule promulgated under this article act.
(5) Subsection (4) does not apply if the person employed by or
under
contract to a hospital health
services employer is required
by
law to report the issue related to the hospital health services
employer that is an unsafe practice or condition that is not a
violation
of this article act or a rule promulgated under this
article
act before the expiration of the 60 days' notice
required
under subsection (4).
(6)
A hospital health services
employer shall post notices and
use other appropriate means to keep a person employed by or under
contract
to the hospital health
services employer informed of their
protections and obligations under this section. The notices shall
be in a form approved by the department. The notice shall be made
available on the department's internet website and shall be posted
in 1 or more conspicuous places where notices to persons employed
by
or under contract to a hospital health
services employer are
customarily posted.
(7)
As used in this section, "hospital" means a hospital
licensed
under article 17. "health
services employer" means any of
the following:
(a) A health facility or agency.
(b) The office of a health care professional licensed under
article 15, but excluding the office of a veterinarian.
