August 15, 2018, Introduced by Rep. Elder and referred to the Committee on Health Policy.


     A bill to require an unlicensed family planning facility to


provide notice to clients and potential clients about its services;


to provide for the form of that notice; and to prescribe civil


sanctions and provide remedies.




     Sec. 1. As used in this act:


     (a) "Facility" means an association, corporation, limited


liability company, or other legal entity.


     (b) "Licensed medical provider" means an individual who is


licensed, registered, or otherwise authorized to engage in a health


profession under article 15 of the public health code, 1978 PA 368,


MCL 333.16101 to 333.18838, and whose scope of practice includes


pregnancy-related services.


     (c) "Unlicensed covered facility" means a facility that meets


all of the following:


     (i) Is not a health facility or agency that is licensed under


article 17 of the public health code, 1978 PA 368, MCL 333.20101 to


333.22260, and is not directly conducted, maintained, or operated


by the United States or a department, officer, or agency of the


United States.


     (ii) Does not have a licensed medical provider on staff or


under contract who provides or directly supervises the performance


of the services described in subparagraph (iii).


     (iii) Its primary purpose is providing pregnancy-related


services to the public.


     (iv) Two or more of the following apply to the facility:


     (A) It offers obstetric ultrasounds, obstetric sonograms, or


prenatal care to pregnant women.


     (B) It offers pregnancy testing or pregnancy diagnosis.


     (C) It advertises or solicits clients with offers to provide


prenatal sonography, pregnancy tests, or pregnancy options




     (D) It has staff or volunteers who collect health information


from clients.


     Sec. 3. (1) Subject to subsection (2), an unlicensed covered


facility shall provide the following notice to its clients and


potential clients:


     "This facility is not licensed as a health facility or agency


by the State of Michigan and the services provided at this facility


are not provided or directly supervised by a licensed medical



     (2) All of the following apply for purposes of subsection (1):


     (a) The notice must be included in all print or digital


advertisements of the unlicensed covered facility, and on all of


the facility's internet websites, in larger point type than the


surrounding text, or in contrasting type, font, or color to the


surrounding text of the same size, or set off from the surrounding


text of the same size by symbols or other marks that call attention


to the language.


     (b) The notice must be included in all broadcast advertising


of the unlicensed covered facility.


     (c) The notice must be posted conspicuously at each public


entrance to the unlicensed covered facility, in each room or area


in which clients or potential clients wait to receive services, and


in each room in which services are provided to a client or


potential client, written in a bold font and in at least 24-point


type on a sign that is at least 8.5 inches by 11 inches in size.


     Sec. 5. (1) An unlicensed covered facility that violates this


act is responsible for a civil fine of not more than $5,000.00 for


a first violation and not more than $10,000.00 for a second or


subsequent violation. Either the attorney general or a county


prosecutor may bring an action to recover a civil fine under this




     (2) This act does not limit the right of a person to seek


legal relief and recovery of actual damages incurred in a civil


action arising out of a violation of the requirements of this act.


     Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.