Bill Text: MI HB4023 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health occupations: health professionals; pilot program allowing certain military medical personnel to practice under the supervision of a licensed physician or podiatrist; create. Amends sec. 16215 of 1978 PA 368 (MCL 333.16215) & adds sec. 16215a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-11-05 - Referred To Committee On Ways And Means, With Substitute (h-2) [HB4023 Detail]
Download: Michigan-2019-HB4023-Introduced.html
HOUSE BILL No. 4023
January 10, 2019, Introduced by Rep. Farrington and referred to the Committee on Military, Veterans and Homeland Security.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16215 (MCL 333.16215), as amended by 2005 PA
211, and by adding section 16215a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16215. (1) Subject to subsections (2) to (6) and section
16215a, a licensee who holds a license other than a health
profession subfield license may delegate to a licensed or
unlicensed individual who is otherwise qualified by education,
training, or experience the performance of selected acts, tasks, or
functions where the acts, tasks, or functions fall within the scope
of practice of the licensee's profession and will be performed
under the licensee's supervision. A licensee shall not delegate an
act, task, or function under this section if the act, task, or
function, under standards of acceptable and prevailing practice,
requires the level of education, skill, and judgment required of
the licensee under this article.
(2) Subject to subsection (1) and except as otherwise provided
in this subsection and subsections (3) and (4), a licensee who is
an allopathic physician or osteopathic physician and surgeon shall
delegate an act, task, or function that involves the performance of
a procedure that requires the use of surgical instrumentation only
to an individual who is licensed under this article. A licensee who
is an allopathic physician or osteopathic physician and surgeon may
delegate an act, task, or function described in this subsection to
an individual who is not licensed under this article if the
unlicensed individual is 1 or more of the following and if the
procedure is directly supervised by a licensed allopathic physician
or osteopathic physician and surgeon who is physically present
during the performance of the procedure:
(a) A student enrolled in a school of medicine or osteopathic
medicine approved by the Michigan board of medicine or the Michigan
board of osteopathic medicine and surgery.
(b) A student enrolled in a physician's assistant training
program approved by the joint physician's assistant task force
created under part 170.
(3) Subject to subsection (1), a licensee who is an allopathic
physician or osteopathic physician and surgeon may delegate an act,
task, or function described in subsection (2) to an individual who
is not licensed under this article and who is 1 of the following:
(a) Performing acupuncture.
(b) Surgically removing only bone, skin, blood vessels,
cartilage, dura mater, ligaments, tendons, pericardial tissue, or
heart valves only from a deceased individual for transplantation,
implantation, infusion, injection, or other medical or scientific
purpose.
(4) Subject to subsection (1), a licensee who is an allopathic
physician or osteopathic physician and surgeon may delegate an act,
task, or function described in subsection (2) to an individual who
is not licensed under this article if the procedure is directly
supervised by a licensed allopathic physician or osteopathic
physician and surgeon who is physically present during the
performance of the procedure, the delegation of such procedure is
not prohibited or otherwise restricted by the board or that health
facility or agency, and the delegation of that act, task, or
function is specifically authorized by that health facility or
agency to be delegated and performed by either of the following
unlicensed individuals:
(a) A surgical technologist who meets the qualifications
established by the health facility or agency with which he or she
is employed or under contract with.
(b) A surgical first assistant who meets the qualifications
established by the health facility or agency with which he or she
is employed or under contract with.
(5) A board may promulgate rules to further prohibit or
otherwise restrict delegation of specific acts, tasks, or functions
to a licensed or unlicensed individual if the board determines that
the delegation constitutes or may constitute a danger to the
health, safety, or welfare of the patient or public.
(6) To promote safe and competent practice, a board may
promulgate rules to specify conditions under which, and categories
and types of licensed and unlicensed individuals for whom, closer
supervision may be required for acts, tasks, and functions
delegated under this section.
(7) An individual who performs acts, tasks, or functions
delegated pursuant to this section does not violate the part that
regulates the scope of practice of that health profession.
(8) The amendatory act that added this subsection does not
require new or additional third party reimbursement or mandated
worker's compensation benefits for services rendered by an
individual authorized to perform those services under subsection
(4).
Sec. 16215a. (1) Subject to section 16215(1), a physician or
podiatrist may delegate an act, task, or function to military
medical personnel while that individual is participating in the
pilot program described in subsection (2).
(2) The department, in collaboration with the department of
military and veterans affairs, shall establish a pilot program in
which military medical personnel may practice and perform certain
delegated acts, tasks, or functions under the supervision of a
physician or podiatrist who is licensed under this article. All of
the following apply to the pilot program described in this
subsection:
(a) The delegation of an act, task, or function to military
medical personnel must reflect his or her level of training and
experience.
(b) The supervising physician or podiatrist retains
responsibility for the care of the patient.
(c) Any licensed physician or podiatrist, a professional
corporation, professional limited liability company, or partnership
of a licensed physician or podiatrist, any hospital that is
licensed under article 17, or any commercial enterprise that has
medical facilities for its employees that are supervised by 1 or
more physicians or podiatrists may participate in the pilot
program.
(d) The department, in collaboration with the department of
military and veterans affairs, shall establish general requirements
for participating military medical personnel, licensees, and
employers.
(3) As used in this section:
(a) "Military medical personnel" means an individual who has
recently served as a medic in the United States Army, medical
technician in the United States Air Force, or corpsman in the
United States Navy or the United States Coast Guard and who was
discharged or released from that service under conditions other
than dishonorable.
(b) "Physician" means an individual who is licensed as a
physician under part 170 or part 175.
(c) "Podiatrist" means an individual who is licensed as a
podiatric physician under part 180.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
