May 23, 2012, Introduced by Senators HOPGOOD and WARREN and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16241 and 20175 (MCL 333.16241 and 333.20175),
section 16241 as amended by 1993 PA 87 and section 20175 as amended
by 2006 PA 481.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16241. (1) After administrative disciplinary action is
final,
the department of commerce shall publish a list of the names
and
addresses of disciplined individuals. The department of
commerce
shall indicate on the list that a
final administrative
disciplinary action is subject to judicial review. The department
of
commerce shall report disciplinary
action to the department of
public
community health, the commissioner of insurance, the office
of financial and insurance services, the state and federal agencies
responsible for fiscal administration of federal health care
programs, and the appropriate professional association.
(2)
Once each calendar year, the department of commerce shall
transmit to the library of Michigan sufficient copies of a
compilation of the lists required under subsection (1) for the
immediately preceding 3 calendar years. The library of Michigan
shall distribute the compilation to each depository library in the
state.
The department of commerce also shall also transmit the
compilation to each county clerk in the state once each calendar
year.
(3) On or before April 1 of each year, the department shall
make all of the following information available to the public on
the department's website:
(a) The number of complaints filed against physicians licensed
under parts 170 and 175 in the immediately preceding calendar year.
(b) The number of investigations of licensees the department
conducted in the immediately preceding calendar year.
(c) The number of disciplinary hearings conducted in the
immediately preceding calendar year.
(d) The number of reports of disciplinary action made by the
department under subsection (1) in the immediately preceding
calendar year.
(e) The types of actions, including license reinstatements,
taken by disciplinary subcommittees in the immediately preceding
calendar year.
(4) (3)
The department of public community health shall report
the disciplinary actions to appropriate licensed health facilities
and
agencies. The commissioner of insurance the office of financial
and insurance services shall report the disciplinary actions
received
from the department of commerce to insurance carriers
providing professional liability insurance.
(5) (4)
In case of a summary suspension of If
the department
summarily suspends a license under section 16233(5), the department
of
commerce shall report the name and
address of the individual
whose
license has been suspended to the department of public
community
health, the commissioner of insurance,
the office of
financial and insurance services, the state and federal agencies
responsible for fiscal administration of federal health care
programs, and the appropriate professional association.
(6) (5)
A licensee or registrant whose
license or registration
is revoked or suspended under this article shall give notice of the
revocation or suspension to each patient who contacts the licensee
or registrant for professional services during the term of the
revocation or suspension. The notice required under this subsection
may be given orally and shall be given at the time of contact.
(7) (6)
A licensee or registrant whose
license or registration
is revoked or is suspended for more than 60 days under this article
shall notify in writing each patient or client to whom the licensee
or registrant rendered professional services in the licensee's or
registrant's private practice during the 120 days immediately
preceding the date of the final order imposing the revocation or
suspension and to each individual who is already scheduled for
professional services during the first 120 days after the date of
the final order imposing the revocation or suspension.
(8) The A
notice required under subsection (7) shall
be on a
form provided by the licensee's or registrant's board or task force
and
shall state, at a minimum, the include
at least all of the
following:
(a) The name, address, and license or registration number of
the
licensee or registrant. , the
(b)
The fact that his or her the licensee's or registrant's
license
or registration has been was
revoked or suspended. ,
the
(c)
The effective date of the revocation or
suspension. , and
the
(d) The term of the revocation or suspension.
(9) Each board or task force shall develop a notice form that
meets
at least the minimum requirements of this subsection (8). The
(10) A licensee
or registrant shall send the a
notice required
under subsection (7) to each patient or client to whom the licensee
or registrant rendered professional services in the licensee's or
registrant's private practice during the 120 days immediately
preceding
the date of the a final order imposing the revocation or
suspension within 30 days after the date of the final order
imposing
the revocation or suspension. and The
licensee or
registrant shall simultaneously transmit a copy of the notice to
the
department. The
(11) A licensee or registrant orally shall shall orally notify
each individual who contacts the licensee or registrant for
professional services during the first 120 days after the date of
the
a final order imposing the revocation or suspension. The
(12) A licensee or registrant shall also provide a
copy of the
a notice required under subsection (7) within 10 days after the
date of the final order imposing the revocation or suspension to
his or her employer, if any, and to each hospital, if any, in which
the licensee or registrant is admitted to practice.
(13) (7)
A licensee or registrant who is
reprimanded, fined,
placed on probation, or ordered to pay restitution under this
article or an applicant whose application for licensure or
registration is denied under this article shall notify his or her
employer, if any, and each hospital, if any, in which he or she is
admitted to practice, in the same manner as provided for notice of
revocation or suspension to an employer or hospital under
subsection
(6) (12), within 10 days after the date of the final
order imposing the sanction.
(14) (8)
The department of commerce
annually shall annually
report to the legislature and to each board and task force on
disciplinary actions taken under this article and article 7. The
report shall contain, at a minimum, all of the following
information:
(a) Investigations conducted, complaints issued, and
settlements
reached by the department, of commerce, separated out
reported by type of complaint and health profession.
(b) Investigations and complaints closed or dismissed.
(c)
Actions taken by each disciplinary subcommittee, separated
out
reported by type of complaint, health profession, and final
order issued.
(d) Recommendations by boards and task forces.
(e) The number of extensions and delays granted by the
department that were in excess of the time limits required under
this article for each phase of the disciplinary process, and the
types of cases for which the extensions and delays were granted.
(9)
Within 2 years after the effective date of the amendatory
act
that added this subsection, the department of commerce shall
submit
a public report to the legislature on the effectiveness of
the
amendatory act that added this subsection. The report shall
include
a review and evaluation of the disciplinary process and the
reporting
requirements of this article and article 17 and
recommended
administrative or statutory changes, if any.
Sec. 20175. (1) A health facility or agency shall keep and
maintain a record for each patient, including a full and complete
record of tests and examinations performed, observations made,
treatments provided, and in the case of a hospital, the purpose of
hospitalization. Unless a longer retention period is otherwise
required under federal or state laws or regulations or by generally
accepted standards of medical practice, a health facility or agency
shall keep and retain each record for a minimum of 7 years from the
date of service to which the record pertains. A health facility or
agency shall maintain the records in such a manner as to protect
their integrity, to ensure their confidentiality and proper use,
and to ensure their accessibility and availability to each patient
or his or her authorized representative as required by law. A
health facility or agency may destroy a record that is less than 7
years old only if both of the following are satisfied:
(a) The health facility or agency sends a written notice to
the patient at the last known address of that patient informing the
patient that the record is about to be destroyed, offering the
patient the opportunity to request a copy of that record, and
requesting the patient's written authorization to destroy the
record.
(b) The health facility or agency receives written
authorization from the patient or his or her authorized
representative agreeing to the destruction of the record. Except as
otherwise provided under federal or state laws and regulations,
records required to be maintained under this subsection may be
destroyed or otherwise disposed of after being maintained for 7
years. If records maintained in accordance with this section are
subsequently destroyed or otherwise disposed of, those records
shall be shredded, incinerated, electronically deleted, or
otherwise disposed of in a manner that ensures continued
confidentiality of the patient's health care information and any
other personal information relating to the patient. If records are
destroyed or otherwise disposed of as provided under this
subsection, the department may take action including, but not
limited to, contracting for or making other arrangements to ensure
that those records and any other confidential identifying
information related to the patient are properly destroyed or
disposed of to protect the confidentiality of patient's health care
information and any other personal information relating to the
patient.
Before the department takes action in accordance with
under this subsection, the department, if able to identify the
health facility or agency responsible for the improper destruction
or disposal of the medical records at issue, shall send a written
notice to that health facility or agency at the last known address
on file with the department and provide the health facility or
agency with an opportunity to properly destroy or dispose of those
medical records as required under this subsection unless a delay in
the proper destruction or disposal may compromise the patient's
confidentiality. The department may assess the health facility or
agency with the costs incurred by the department to enforce this
subsection.
In addition to the sanctions set forth described in
section 20165, a hospital that fails to comply with this subsection
is subject to an administrative fine of $10,000.00.
(2) A hospital shall take precautions to assure that the
records
required by under subsection (1) are not wrongfully altered
or destroyed. A hospital that fails to comply with this subsection
is subject to an administrative fine of $10,000.00.
(3) Unless otherwise provided by law, the licensing and
certification
records required by under this article are public
records.
(4) Departmental officers and employees shall respect the
confidentiality of patient clinical records and shall not divulge
or disclose the contents of records in a manner that identifies an
individual except pursuant to court order or as otherwise
authorized by law.
(5) A health facility or agency that employs, contracts with,
or grants privileges to a health professional licensed or
registered under article 15 shall report the following to the
department not more than 30 days after it occurs:
(a) Disciplinary action taken by the health facility or agency
against a health professional licensed or registered under article
15 based on the licensee's or registrant's professional competence,
disciplinary action that results in a change of employment status,
or disciplinary action based on conduct that adversely affects the
licensee's or registrant's clinical privileges for a period of more
than 15 days. As used in this subdivision, "adversely affects"
means the reduction, restriction, suspension, revocation, denial,
or failure to renew the clinical privileges of a licensee or
registrant by a health facility or agency.
(b) Restriction or acceptance of the surrender of the clinical
privileges of a licensee or registrant under either of the
following circumstances:
(i) The licensee or registrant is under investigation by the
health facility or agency.
(ii) There is an agreement in which the health facility or
agency agrees not to conduct an investigation into the licensee's
or registrant's alleged professional incompetence or improper
professional conduct.
(c)
A case in which a health professional resigns or
terminates
a contract or whose The
acceptance of a health
professional's resignation or termination or nonrenewal of his or
her
contract is not renewed instead
of the health facility taking
disciplinary action against the health professional.
(6) On or before April 1 of each year, a health facility or
agency shall make all of the following information available on an
internet website accessible to the general public:
(a) The number of investigations conducted by the health
facility or agency in the immediately preceding calendar year for
the purpose of determining whether to take disciplinary action
against a health professional licensed or registered under article
15 that the health facility or agency employed, contracted with, or
granted privileges to in the immediately preceding calendar year.
(b) The number of investigations described in subdivision (a)
that adversely affected any of the following:
(i) The health professional's employment status.
(ii) The health professional's clinical privileges.
(7) (6)
Upon request by another health
facility or agency
seeking a reference for purposes of changing or granting staff
privileges, credentials, or employment, a health facility or agency
that employs, contracts with, or grants privileges to health
professionals licensed or registered under article 15 shall notify
the requesting health facility or agency of any disciplinary or
other action reportable under subsection (5) that it has taken
against a health professional licensed or registered under article
15 and employed by, under contract to, or granted privileges by the
health facility or agency.
(8) (7)
For the purpose of reporting
disciplinary actions
under
this section, subsection
(5), a health facility or agency
shall include only the following in the information provided:
(a) The name of the licensee or registrant against whom
disciplinary action has been taken.
(b) A description of the disciplinary action taken.
(c) The specific grounds for the disciplinary action taken.
(d) The date of the incident that is the basis for the
disciplinary action.
(9) (8)
The records, data, and knowledge
collected for or by
individuals or committees assigned a professional review function
in a health facility or agency, or an institution of higher
education in this state that has colleges of osteopathic and human
medicine, are confidential, shall be used only for the purposes
provided in this article, are not public records, and are not
subject to court subpoena.