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
(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
(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
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.