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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
(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
(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
Sec. 3. (1) Subject to subsection (2), an unlicensed covered
facility shall provide the following notice to its clients and
"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.