SENATE BILL No. 753

 

 

February 9, 2016, Introduced by Senators MACGREGOR, MARLEAU, NOFS, KNOLLENBERG, BOOHER, STAMAS and HERTEL and referred to the Committee on Health Policy.

 

 

 

     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, 16288, and 16289.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16283. As used in sections 16284 to 16289:

 

     (a) "Distant site" means the location of the health

 

professional when providing a telehealth service to the patient.

 

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

 

in the practice of a health profession.

 

     (c) "Originating site" means the location of the patient when

 

receiving a telehealth service from the health professional.

 

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

 

     (e) "Telehealth" means the use of interactive audio, video, or

 

other telecommunication technology to deliver health care services


between a distant site and an originating site for the treatment of

 

a patient.

 

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

 

provided through telehealth.

 

     Sec. 16284. (1) A health professional shall not provide a

 

telehealth service without first obtaining the patient's informed

 

consent.

 

     (2) The patient may provide the consent required under

 

subsection (1) to the health professional in writing, which may be

 

electronically transmitted, or orally if the health professional

 

can visibly observe the patient at the time the patient provides

 

oral consent.

 

     Sec. 16285. A health professional providing telehealth

 

services shall do all of the following:

 

     (a) Comply with all applicable standards of care.

 

     (b) If the health professional considers it medically

 

necessary, provide the patient with a referral for other health

 

care services that are geographically accessible to the patient,

 

including, but not limited to, emergency services.

 

     (c) After providing a telehealth service, make himself or

 

herself available to provide follow-up health care services to the

 

patient in a timely manner.

 

     Sec. 16286. 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. 16287. 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 telehealth services if the

 

disciplinary subcommittee finds that a health professional has

 

violated section 16284, 16285, or 16286.

 

     Sec. 16288. The department, in consultation with a board, may

 

promulgate rules to implement sections 16284, 16285, and 16286.

 

     Sec. 16289. Sections 16284 to 16288 do not require new or

 

additional third party reimbursement for services rendered by a

 

health professional through telehealth.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.