March 27, 2012, Introduced by Reps. Potvin, Tyler, Liss and Hughes and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185),
as amended by 2012 PA 4.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16184. (1) An individual who is retired from the active
practice of medicine, osteopathic medicine and surgery, podiatric
medicine and surgery, nursing, optometry, or dentistry and who
wishes to donate his or her expertise for the medical, optometric,
or dental care and treatment of indigent and needy individuals in
this state or for the medical, optometric, or dental care and
treatment of individuals in medically underserved areas of this
state may obtain a special volunteer license to engage in the
practice of medicine, osteopathic medicine and surgery, podiatric
medicine and surgery, nursing, optometry, or dentistry by
submitting
an application to the board pursuant to under this
section. An application for a special volunteer license shall be on
a form provided by the department and shall include each of the
following:
(a) Documentation that the individual has been previously
licensed to engage in the practice of medicine, osteopathic
medicine and surgery, podiatric medicine and surgery, nursing,
optometry, or dentistry in this state and that his or her license
was
in good standing prior to the expiration at the time of his or
her license expired.
(b) Acknowledgment and documentation that the applicant will
not receive any payment or compensation, either direct or indirect,
or have the expectation of any payment or compensation, for any
medical, nursing, optometric, or dental care services provided
under the special volunteer license.
(c) If the applicant has been out of practice for 3 or more
years, documentation that, during the 3 years immediately preceding
the application, he or she has attended at least 2/3 of the
continuing education courses or programs required under part 170,
175, 180, 172, 174, or 166 for the renewal of a license.
(2) If the board determines that the application of the
individual satisfies the requirements of subsection (1) and that
the
individual meets the requirements for a license as prescribed
by
under this article and rules promulgated under this
article, the
board shall grant a special volunteer license to the applicant. A
licensee seeking renewal under this section shall provide the board
with an updated acknowledgment and documentation as described under
subsection (1)(b). Except as otherwise provided under this
subsection, the board shall not charge a fee for the issuance or
renewal of a special volunteer license under this section.
(3)
Except as otherwise provided under this in subsection, an
individual
who is granted a special volunteer license pursuant to
under this section and who accepts the privilege of practicing
medicine, osteopathic medicine and surgery, podiatric medicine and
surgery, nursing, optometry, or dentistry in this state is subject
to all of the provisions of this article, including those
provisions concerning continuing education and disciplinary action.
(4) For purposes of this section, an individual is considered
retired from practice if the individual's license has expired with
the individual's intention of ceasing to engage, for remuneration,
in the practice of medicine, osteopathic medicine and surgery,
podiatric medicine and surgery, nursing, optometry, or dentistry.
for
remuneration.
(5) An individual who is granted a special volunteer license
under this section shall only engage in activities within the scope
of practice of the profession for which he or she was licensed
prior
to before his or her retirement.
(6) As used in this section and section 16185:
(a) "Practice of dentistry" means that term as defined in
section 16601.
(b) "Practice of medicine" means that term as defined in
section 17001.
(c) "Practice of nursing" means that term as defined in
section 17201.
(d) "Practice of optometry" means that term as defined in
section 17401.
(e) "Practice of osteopathic medicine and surgery" means that
term as defined in section 17501.
(f) "Practice of podiatric medicine and surgery" means that
term as defined in section 18001.
Sec. 16185. (1) Subject to subsection (2), an individual who
provides care under a special volunteer license to engage in the
practice of medicine, osteopathic medicine and surgery, podiatric
medicine and surgery, nursing, optometry, or dentistry granted
under section 16184 is not liable in a civil action for personal
injury or death proximately caused by the professional negligence
or malpractice of the individual in providing the care if both of
the following apply:
(a) The care is provided at a health facility or agency that
provides at least 75% of its care annually to medically indigent
individuals.
(b) The individual does not receive and does not intend to
receive compensation for providing the care.
(2) Subsection (1) does not apply if the negligent conduct or
malpractice of the individual is gross negligence.
(3) As used in this section:
(a) "Gross negligence" means conduct so reckless as to
demonstrate a substantial lack of concern for whether an injury
results.
(b) "Medically indigent individual" means that term as defined
in section 106 of the social welfare act, 1939 PA 280, MCL 400.106.