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.




     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




     (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.