Bill Text: MI SB0589 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health occupations; health care professionals; eligibility to participate in the health professional recovery program; expand to include emergency medical services personnel. Amends secs. 16105a, 16167, 16169, 16170, 16170a & 20910 of 1978 PA 368 (MCL 333.16105a et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-10-27 - Referred To Committee On Health Policy [SB0589 Detail]

Download: Michigan-2015-SB0589-Introduced.html

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SENATE BILL No. 589

 

 

October 27, 2015, Introduced by Senator CASPERSON and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 16105a, 16167, 16169, 16170, 16170a, and 20910

 

(MCL 333.16105a, 333.16167, 333.16169, 333.16170, 333.16170a, and

 

333.20910), sections 16105a, 16167, and 16170 as added by 1993 PA

 

80, sections 16169 and 16170a as amended by 2013 PA 268, and

 

section 20910 as amended by 2006 PA 582.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16105a. (1) "Health professional recovery program" or

 

"program" means a nondisciplinary, treatment-oriented program for

 

impaired health professionals established under section 16167.

 

     (2) As used in this section and sections 16165 to 16170a:

 

     (a) "Emergency medical services personnel" means that term as

 

defined in section 20904.

     (b) "Health professionals" includes emergency medical services

 

personnel who are licensed under article 17 by the department of

 

health and human services.

 

     Sec. 16167. The committee shall do all of the following:

 

     (a) Establish the general components of the health

 

professional recovery program and a mechanism for monitoring health

 

professionals who may be impaired.

 

     (b) Subject to sections 16169 and 16170 and in conjunction

 

with the health professional recovery program consultants described

 

in section 16168, develop and implement criteria for the

 

identification, assessment, and treatment of health professionals

 

who may be impaired.

 

     (c) In conjunction with the health professional recovery

 

program consultants described in section 16168, develop and

 

implement mechanisms for the evaluation of continuing care or

 

aftercare plans for health professionals who may be impaired.

 

     (d) Develop a mechanism and criteria for the referral of a

 

health professional who may be impaired to a professional

 

association when appropriate for the purpose of providing

 

assistance to the health professional. In developing criteria under

 

this subdivision, the committee shall require that a referral be

 

made only with the consent of the health professional.

 

     (e) In conjunction with the department of health and human

 

services, develop and implement procedures for administration of

 

the health professional recovery program with respect to emergency

 

medical services personnel.

 

     (f) (e) Annually report to each board and the physician's

 

assistants task force created under this article on the status of

 

the health professional recovery program. The committee shall

 

include in the report, at a minimum, statistical information on the

 

level of participation in the program of each health profession.

 

The committee may include in the report recommendations for changes

 

in the health professional recovery program and for participation

 

by the boards and the physician's assistants task force,

 

professional associations, substance abuse treatment and prevention

 

programs, and other appropriate agencies.

 

     Sec. 16169. (1) If an individual employed by or under contract

 

to the department has reasonable cause to believe that a health

 

professional may be impaired, the individual shall transmit the

 

information to the committee either orally or in writing. Upon

 

receipt of the information, the committee shall request the program

 

consultant described in section 16168 to determine whether or not

 

the health professional may be impaired.

 

     (2) If an individual employed by or under contract to the

 

department of health and human services has reasonable cause to

 

believe that a health professional may be impaired, the individual

 

shall transmit the information to the committee either orally or in

 

writing. Upon receipt of the information, the committee shall

 

request the program consultant described in section 16168 to

 

determine whether or not the health professional may be impaired.

 

     (3) (2) If, based on the information received by the

 

department under section 16168(2), the department determines that

 

the health professional involved may be a threat to the public

 

health, safety, or welfare and has violated this article, article

 

7, or article 8 or the rules promulgated under this article,

 

article 7, or article 8, the department may proceed under sections

 

16211 and 16231. This subsection does not apply to emergency

 

medical services personnel described in subsection (4).

 

     (4) If, based on the information received by the department

 

under section 16168(2), the department determines that an

 

individual who holds an emergency medical services license from the

 

department of health and human services under article 17 may be a

 

threat to the public health, safety, or welfare and has violated

 

article 17 or the rules promulgated under article 17, the

 

department shall notify the department of health and human services

 

and that department may proceed under section 20958.

 

     Sec. 16170. (1) If the program consultant described in section

 

16168 determines under section 16169(1) or 16169(2) that a health

 

professional may be impaired, the committee may accept the health

 

professional into the health professional recovery program if both

 

of the following requirements are met:

 

     (a) The health professional acknowledges his or her

 

impairment.

 

     (b) The health professional voluntarily does all either of the

 

following, as applicable:

 

     (i) Except for a health professional described in subparagraph

 

(ii), voluntarily does both of the following:

 

     (A) (i) Withdraws from or limits the scope of his or her

 

practice, as determined necessary by the committee. To comply with

 

this subparagraph, a health professional may request the limitation

 

of his or her license under section 16182.

 

     (B) (ii) Agrees to participate in a treatment plan that meets

 

the criteria developed under section 16167.

 

     (ii) If the health professional holds an emergency medical

 

services personnel license from the department of health and human

 

services under article 17, voluntarily does both of the following:

 

     (A) Withdraws from or limits the scope of his or her

 

activities as an emergency medical services personnel licensee, as

 

determined necessary by the committee. To comply with this sub-

 

subparagraph, the health professional may request the limitation of

 

his or her license by the department of health and human services

 

under section 20165.

 

     (B) Agrees to participate in a treatment plan that meets the

 

criteria developed under section 16167.

 

     (2) If a health professional does not satisfactorily

 

participate in the treatment plan described in subsection

 

(1)(b)(ii), (1)(b)(i)(B) or (1)(b)(ii)(B), as determined by the

 

committee, the committee shall report that fact to the department,

 

or, if the health professional holds an emergency medical services

 

personnel license under article 17, to the department of health and

 

human services.

 

     (3) A health professional participating in or who has

 

participated in a treatment plan under the health professional

 

recovery program or an individual treating the health professional

 

under the treatment plan shall not falsely represent, either

 

individually or together, that the health professional has

 

successfully completed the treatment plan. An individual who

 

intentionally violates this subsection is guilty of a felony.

 

     Sec. 16170a. (1) The identity of an individual submitting

 

information to the committee or the department regarding the

 

suspected impairment of a health professional is confidential.

 

     (2) The identity of a health professional who participates in

 

the health professional recovery program is confidential and is not

 

subject to disclosure under discovery or subpoena or the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, unless the

 

health professional fails to satisfactorily participate in and

 

complete a treatment plan prescribed under the health professional

 

recovery program or violates section 16170(3).

 

     (3) If a health professional successfully participates in and

 

completes a treatment plan prescribed under the health professional

 

recovery program, as determined by the committee, the department,

 

and the department of health and human services if the health

 

professional is an emergency medical services personnel licensee,

 

shall destroy all records pertaining to the impairment of the

 

health professional, including records pertaining to the health

 

professional's participation in the treatment plan, upon the

 

expiration of 5 years after the date of the committee's

 

determination. This subsection does not apply to records pertaining

 

to a violation of this article, article 7, or article 8 or a rule

 

promulgated under this article, article 7, or article 8, or, if the

 

health professional is an emergency medical services personnel

 

licensee, to records pertaining to a violation of article 17 or a

 

rule promulgated under article 17.

 

     Sec. 20910. (1) The department shall do all of the following:

 

     (a) Be responsible for the development, coordination, and

 

administration of a statewide emergency medical services system.

 

     (b) Facilitate and promote programs of public information and

 

education concerning emergency medical services.

 

     (c) In case of actual disasters and disaster training drills

 

and exercises, provide emergency medical services resources

 

pursuant to applicable provisions of the Michigan emergency

 

preparedness plan, or as prescribed by the director of emergency

 

services pursuant to the emergency management act, 1976 PA 390, MCL

 

30.401 to 30.421.

 

     (d) Consistent with the rules of the federal communications

 

commission, plan, develop, coordinate, and administer a statewide

 

emergency medical services communications system.

 

     (e) Develop and maintain standards of emergency medical

 

services and personnel as follows:

 

     (i) License emergency medical services personnel in accordance

 

with this part.

 

     (ii) License ambulance operations, nontransport prehospital

 

life support operations, and medical first response services in

 

accordance with this part.

 

     (iii) At least annually, inspect or provide for the inspection

 

of each life support agency, except medical first response

 

services. As part of that inspection, the department shall conduct

 

random inspections of life support vehicles. If a life support

 

vehicle is determined by the department to be out of compliance,

 

the department shall give the life support agency 24 hours to bring

 

the life support vehicle into compliance. If the life support

 

vehicle is not brought into compliance in that time period, the

 

department shall order the life support vehicle taken out of

 

service until the life support agency demonstrates to the

 

department, in writing, that the life support vehicle has been

 

brought into compliance.

 

     (iv) Promulgate rules to establish the requirements for

 

licensure of life support agencies, vehicles, and individuals

 

licensed under this part to provide emergency medical services and

 

other rules necessary to implement this part. The department shall

 

submit all proposed rules and changes to the state emergency

 

medical services coordination committee and provide a reasonable

 

time for the committee's review and recommendations before

 

submitting the rules for public hearing under the administrative

 

procedures act of 1969.

 

     (f) Promulgate rules to establish and maintain standards for

 

and regulate the use of descriptive words, phrases, symbols, or

 

emblems that represent or denote that an ambulance operation,

 

nontransport prehospital life support operation, or medical first

 

response service is or may be provided. The department's authority

 

to regulate use of the descriptive devices includes use for the

 

purposes of advertising, promoting, or selling the services

 

rendered by an ambulance operation, nontransport prehospital life

 

support operation, or medical first response service, or by

 

emergency medical services personnel.

 

     (g) Designate a medical control authority as the medical

 

control for emergency medical services for a particular geographic

 

region as provided for under this part.

 

     (h) Develop and implement field studies involving the use of

 

skills, techniques, procedures, or equipment that are not included

 

as part of the standard education for medical first responders,

 

emergency medical technicians, emergency medical technician

 

specialists, or paramedics, if all of the following conditions are

 

met:

 

     (i) The state emergency medical services coordination

 

committee reviews the field study prior to implementation.

 

     (ii) The field study is conducted in an area for which a

 

medical control authority has been approved pursuant to subdivision

 

(g).

 

     (iii) The medical first responders, emergency medical

 

technicians, emergency medical technician specialists, and

 

paramedics participating in the field study receive training for

 

the new skill, technique, procedure, or equipment.

 

     (i) Collect data as necessary to assess the need for and

 

quality of emergency medical services throughout the state pursuant

 

to 1967 PA 270, MCL 331.531 to 331.533.331.534.

 

     (j) Develop, with the advice of the emergency medical services

 

coordination committee, an emergency medical services plan that

 

includes rural issues.

 

     (k) Develop recommendations for territorial boundaries of

 

medical control authorities that are designed to assure that there

 

exists reasonable emergency medical services capacity within the

 

boundaries for the estimated demand for emergency medical services.

 

     (l) Within 1 year after the statewide trauma care advisory

 

subcommittee is established under section 20917a and in

 

consultation with the statewide trauma care advisory subcommittee,

 

develop, implement, and promulgate rules for the implementation and

 

operation of a statewide trauma care system within the emergency

 

medical services system consistent with the document entitled

 

"Michigan Trauma Systems Plan" prepared by the Michigan trauma

 

coalition, Trauma Coalition, dated November 2003. The

 

implementation and operation of the statewide trauma care system,

 

including the rules promulgated in accordance with this

 

subdivision, are subject to review by the emergency medical

 

services coordination committee and the statewide trauma care

 

advisory subcommittee. The rules promulgated under this subdivision

 

shall not require a hospital to be designated as providing a

 

certain level of trauma care. Upon implementation of a statewide

 

trauma care system, the department shall review and identify

 

potential funding mechanisms and sources for the statewide trauma

 

care system.

 

     (m) In consultation with the department of licensing and

 

regulatory affairs, develop and implement a program for the

 

participation of emergency medical services personnel in the health

 

professional recovery program established under section 16167.

 

     (n) (m) Promulgate other rules to implement this part.

 

     (o) (n) Perform other duties as set forth in this part.

 

     (2) The department may do all of the following:

 

     (a) In consultation with the emergency medical services

 

coordination committee, promulgate rules to require an ambulance

 

operation, nontransport prehospital life support operation, or

 

medical first response service to periodically submit designated

 

records and data for evaluation by the department.

 

     (b) Establish a grant program or contract with a public or

 

private agency, emergency medical services professional

 

association, or emergency medical services coalition to provide

 

training, public information, and assistance to medical control

 

authorities and emergency medical services systems or to conduct

 

other activities as specified in this part.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.