Bill Text: MI SB0753 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Health; other; regulation of telehealth in Michigan; provide for. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 16283, 16284, 16285, 16286, 16287, 16288 & 16289.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2016-12-28 - Assigned Pa 0359'16 [SB0753 Detail]

Download: Michigan-2015-SB0753-Engrossed.html

---

SB-0753, As Passed Senate, April 27, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 753

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding sections 16283, 16284, 16285,

 

16286, 16287, and 16288.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16283. As used in this section and sections 16284 to

 

16288:

 

     (a) "Health professional" means an individual who is engaging

 

in the practice of a health profession.

 

     (b) "Prescriber" means that term as defined in section 17708.

 

     (c) "Telehealth" means the use of electronic information and

 

telecommunication technologies to support or promote long-distance

 

clinical health care, patient and professional health-related

 

education, public health, or health administration. Telehealth may

 

include, but is not limited to, telemedicine. As used in this

 

subdivision, "telemedicine" means that term as defined in section

 

3476 of the insurance code of 1956, 1956 PA 218, MCL 500.3476.

 

     (d) "Telehealth service" means a health care service that is

 

provided through telehealth.

 

     Sec. 16284. Except as otherwise provided in this section, a

 

health professional shall not provide a telehealth service without

 

first consulting with the patient about receiving the health care

 

service or obtaining the patient's consent to receiving the health

 

care service from the health professional. This section does not

 

apply to a health professional who is providing a telehealth

 

service to an inmate who is under the jurisdiction of the

 

department of corrections and is housed in a correctional facility.

 

     Sec. 16285. A health professional who is providing a

 

telehealth service may prescribe the patient a drug if both of the

 

following are met:

 

     (a) The health professional is a prescriber.

 

     (b) The drug is not a controlled substance.

 

     Sec. 16286. In a manner consistent with this part and in

 

addition to the provisions set forth in this part, a disciplinary

 

subcommittee may place restrictions or conditions on a health

 

professional's ability to provide a telehealth service if the

 

disciplinary subcommittee finds that the health professional has

 

violated section 16284 or 16285.

 

     Sec. 16287. The department, in consultation with a board, may

 

promulgate rules to implement sections 16284 and 16285.

 

     Sec. 16288. Sections 16284 to 16287 do not do any of the

 

following:

 

     (a) Require new or additional third party reimbursement for

 

health care services rendered by a health professional through

 

telehealth.

 

     (b) Limit the provision of a health care service otherwise

 

allowed by law.

 

     (c) Authorize a health care service otherwise prohibited by

 

law.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.