Bill Text: MI SB0281 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Health occupations: health professionals; department of licensing and regulatory affairs to report certain misconduct by health professionals to law enforcement agencies; require. Amends sec. 16238 of 1978 PA 368 (MCL 333.16238) & adds sec. 16240.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-02-11 - Referred To Committee On Health Policy [SB0281 Detail]
Download: Michigan-2019-SB0281-Engrossed.html
SENATE BILL NO. 281
April 24, 2019, Introduced by Senator MACGREGOR
and referred to the Committee on Health Policy and Human Services.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16238 (MCL 333.16238), as added by 1993 PA 79, and by adding section 16240.
the people of the state of michigan enact:
Sec. 16238. (1) Except as otherwise provided in section 13(1)(u) (i) 13(1)(t)(i) and (ii) of the freedom of information act, Act No. 442 of the Public Acts of 1976 PA 442, being section 15.243 of the Michigan Compiled Laws, MCL 15.243, the information including, but not limited to, patient names, obtained in an investigation or a compliance conference before a complaint is issued, is confidential and shall must not be disclosed except to the extent necessary for the proper functioning of a hearings examiner, a disciplinary subcommittee, or the department.
(2) A compliance conference conducted under this part before a complaint is issued shall must be closed to the public.
Sec. 16240. Subject to the confidentiality provisions
of sections 16222(2) and 16231(7), the department shall do both of the following if the department determines that there is a reasonable
basis to believe that a licensee or
registrant has committed a violation of section 520b, 520c, 520d, or 520e of
the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and
750.520e, and the department has issued a formal complaint against the licensee
or registrant for the violation:
(a) Report the name of the
licensee or registrant to the law enforcement agency with jurisdiction over the
area in which the licensee or registrant practices his or her health
profession.
(b) If the name and contact information of
the individual identified as the victim by the person reporting the violation
is made available to the department, notify the individual that he or she may
contact law enforcement and that crime victims are afforded certain protections
under the law.
