Bill Text: MI SB1316 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Businesses; professional corporations; citation to professional service corporation act in public health code; revise. Amends sec. 17048 of 1978 PA 368 (MCL 333.17048). TIE BAR WITH: SB 1320'12
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2012-12-12 - Postponed Temporarily [SB1316 Detail]
Download: Michigan-2011-SB1316-Engrossed.html
SB-1316, As Passed Senate, November 28, 2012
SENATE BILL No. 1316
September 25, 2012, Introduced by Senators KOWALL, JONES and SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17048 (MCL 333.17048), as amended by 2011 PA
210.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17048. (1) Except as otherwise provided in this section
and section 17049(5), a physician who is a sole practitioner or who
practices in a group of physicians and treats patients on an
outpatient basis shall not supervise more than 4 physician's
assistants. If a physician described in this subsection supervises
physician's assistants at more than 1 practice site, the physician
shall not supervise more than 2 physician's assistants by a method
other than the physician's actual physical presence at the practice
site.
(2) A physician who is employed by, under contract or
subcontract to, or has privileges at a health facility or agency
licensed under article 17 or a state correctional facility may
supervise more than 4 physician's assistants at the health facility
or agency or state correctional facility.
(3) To the extent that a particular selected medical care
service requires extensive medical training, education, or ability
or poses serious risks to the health and safety of patients, the
board may prohibit or otherwise restrict the delegation of that
medical care service or may require higher levels of supervision.
(4) A physician shall not delegate ultimate responsibility for
the quality of medical care services, even if the medical care
services are provided by a physician's assistant.
(5) The board may promulgate rules for the delegation by a
supervising physician to a physician's assistant of the function of
prescription of drugs. The rules may define the drugs or classes of
drugs the prescription of which shall not be delegated and other
procedures and protocols necessary to promote consistency with
federal and state drug control and enforcement laws. When delegated
prescription occurs, both the physician's assistant's name and the
supervising physician's name shall be used, recorded, or otherwise
indicated in connection with each individual prescription.
(6) A supervising physician may delegate in writing to a
physician's assistant the ordering, receipt, and dispensing of
complimentary starter dose drugs including controlled substances
that are included in schedules 2 to 5 of part 72. When the
delegated ordering, receipt, or dispensing of complimentary starter
dose drugs occurs, both the physician's assistant's name and the
supervising physician's name shall be used, recorded, or otherwise
indicated in connection with each order, receipt, or dispensing.
When the delegated ordering, receipt, or dispensing of
complimentary starter dose drugs that are included in schedules 2
to 5 occurs, both the physician's assistant's and the supervising
physician's DEA registration numbers shall be used, recorded, or
otherwise indicated in connection with each order, receipt, or
dispensing. As used in this subsection, "complimentary starter
dose" means that term as defined in section 17745. It is the intent
of the legislature in enacting this subsection to allow a
pharmaceutical manufacturer or wholesale distributor, as those
terms are defined in part 177, to distribute complimentary starter
dose drugs to a physician's assistant, as described in this
subsection, in compliance with section 503(d) of the federal food,
drug, and cosmetic act, 21 USC 353.
(7) Beginning on July 19, 2010, if 1 or more individuals
licensed under part 170 to engage in the practice of medicine,
licensed under part 175 to engage in the practice of osteopathic
medicine and surgery, or licensed under part 180 to engage in the
practice of podiatric medicine and surgery, and 1 or more
physician's assistants organize a professional service corporation
pursuant
to under section 4 of the professional service corporation
act,
former 1962 PA 192, MCL 450.224, a professional corporation
under section 284 of the business corporation act, 1972 PA 284, MCL
450.1284,
or a professional limited liability
company pursuant to
under section 904 of the Michigan limited liability company act,
1993 PA 23, MCL 450.4904, the individuals who are the supervising
physicians of the physician's assistants shall be shareholders in
the same professional service corporation or professional
corporation or members in the same professional limited liability
company as the physician's assistants and shall meet all of the
applicable requirements of part 170, 175, or 180. If 1 or more
physician's assistants organized a professional service corporation
pursuant
to under section 4 of the professional service corporation
act,
former 1962 PA 192, MCL 450.224, a professional corporation
under section 284 of the business corporation act, 1972 PA 284, MCL
450.1284,
or a professional limited liability
company pursuant to
under section 904 of the Michigan limited liability company act,
1993 PA 23, MCL 450.4904, before July 19, 2010 that has only
physician's assistants as shareholders or members, the individuals
who are the supervising physicians of the physician's assistants
shall meet all of the applicable requirements of part 170, 175, or
180.
(8) In addition to the requirements of section 17068 and
beginning on July 19, 2010, the department shall include on the
form used for renewal of licensure a space for a physician's
assistant to disclose whether he or she is a shareholder in a
professional
service corporation pursuant to under
section 4 of the
professional
service corporation act, former
1962 PA 192, MCL
450.224,
or a member in a professional
limited liability company
pursuant
to under section 904 of the Michigan limited liability
company
act, 1993 PA 23, MCL 450.4904, which corporation or company
that was organized before July 19, 2010. A physician's assistant
who is a shareholder in a professional service corporation or a
member in a professional limited liability company described in
this subsection shall disclose all of the following in the form
used for renewal of licensure provided by the department:
(a) Whether any individuals licensed under part 170 to engage
in the practice of medicine, licensed under part 175 to engage in
the practice of osteopathic medicine and surgery, or licensed under
part 180 to engage in the practice of podiatric medicine and
surgery are shareholders in the professional service corporation or
members in the professional limited liability company.
(b) The name and license number of the individual licensed
under part 170 to engage in the practice of medicine, licensed
under part 175 to engage in the practice of osteopathic medicine
and surgery, or licensed under part 180 to engage in the practice
of podiatric medicine and surgery who supervises the physician's
assistant.
(c) Whether the individual licensed under part 170 to engage
in the practice of medicine, licensed under part 175 to engage in
the practice of osteopathic medicine and surgery, or licensed under
part 180 to engage in the practice of podiatric medicine and
surgery disclosed in subdivision (b) is a shareholder in the same
professional service corporation or member in a professional
limited liability company as the physician's assistant.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1320
of the 96th Legislature is enacted into law.
