HB-5793, As Passed House, May 24, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5793

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding sections 16279 and 16279a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16279. (1) Except as otherwise provided in this section,

 

a licensee or registrant shall not perform a medical treatment,

 

procedure, or examination on a patient who is a minor that involves

 

the vaginal or anal penetration of the minor unless all of the

 

following are met:

 

     (a) The medical treatment, procedure, or examination is within

 

the scope of practice of the licensee's or registrant's health

 

profession.

 

     (b) A medical assistant or another licensee or registrant is

 

in the room while the medical treatment, procedure, or examination

 

is performed. The person providing consent under subdivision (c)

 

may waive the requirement described in this subdivision.

 

     (c) Before performing the medical treatment, procedure, or

 

examination, the licensee or registrant obtains the written consent

 

of a parent, guardian, or person in loco parentis of the minor or

 

the consent of any person that is authorized by law to provide

 

consent, on the form created in section 16279a or on another form

 

that includes the same information as the form created in section

 

16279a. The written consent described in this subdivision may be

 

obtained through electronic means.

 

     (2) A licensee or registrant who obtains the consent required

 

under subsection (1) for a medical treatment, procedure, or

 

examination that requires subsequent visits to perform the same

 

treatment, procedure, or examination on the minor may perform the

 

subsequent treatment, procedure, or examination on the minor

 

without obtaining the consent required under subsection (1) if the

 

subsequent treatment, procedure, or examination is performed within

 

6 months from the date of obtaining the consent required under

 

subsection (1).

 

     (3) Subsection (1) does not apply in any of the following

 

circumstances:

 

     (a) If the medical treatment, procedure, or examination is

 

necessary and is associated with or incident to a medical

 

emergency. As used in this subdivision, "medical emergency" means a

 

circumstance that, in the licensee's or registrant's good-faith

 

medical judgment, creates an immediate threat of serious risk to

 

the life or physical health of the patient.

     (b) If the medical treatment, procedure, or examination

 

primarily relates to the patient's urological, gastrointestinal,

 

reproductive, gynecological, or sexual health.

 

     (c) If the medical treatment, procedure, or examination is

 

performed at a children's advocacy center. As used in this

 

subdivision, "children's advocacy center" means that term as

 

defined in section 2 of the child protection law, 1975 PA 238, MCL

 

722.622.

 

     (d) If the medical treatment, procedure, or examination is

 

performed for purposes of a sexual assault medical forensic

 

examination under section 21527.

 

     (e) If the medical treatment, procedure, or examination is

 

performed for the purpose of measuring the patient's temperature.

 

     (f) If the medical treatment, procedure, or examination is

 

performed for the purpose of rectally administering a drug or

 

medicine.

 

     (4) The consent form required under subsection (1) must be

 

maintained in a patient's medical record for not less than 15 years

 

from the date on which the medical treatment, procedure, or

 

examination was performed.

 

     (5) A person that knowingly violates subsection (1) is guilty

 

of a felony punishable as follows:

 

     (a) For the first offense, by imprisonment for not more than 2

 

years or a fine of not more than $5,000.00, or both.

 

     (b) For a second or subsequent offense, by imprisonment for

 

not more than 5 years or a fine of not more than $10,000.00, or

 

both.

     (6) This section does not prohibit a person from being charged

 

with, convicted of, or punished for any other violation of law that

 

is committed by that person while violating this section.

 

     (7) A court may order a term of imprisonment imposed for a

 

violation of this section to be served consecutively to a term of

 

imprisonment imposed for any other crime, including any other

 

violation of law arising out of the same transaction as the

 

violation of this section.

 

     Sec. 16279a. (1) The department shall create and may

 

periodically update a standardized consent form to be used by a

 

licensee or registrant who provides a medical treatment, procedure,

 

or examination to a minor under section 16279. The department shall

 

use generally accepted standards of medical practice in determining

 

the information to be included on the form. The form must include

 

at least all of the following statements:

 

     (a) That gloves are generally used for a medical treatment,

 

procedure, or examination involving vaginal or anal penetration.

 

     (b) That the person providing consent under section 16279 has

 

the right to request information on whether there is a reasonable

 

alternative to the treatment, procedure, or examination that does

 

not consist of anal or vaginal penetration.

 

     (c) That the person providing consent under section 16279 has

 

the right to request a clear explanation of the nature of the

 

treatment, procedure, or examination.

 

     (d) That the person providing consent under section 16279 may

 

request that gloves be used during the treatment, procedure, or

 

examination.

     (e) That a licensee or registrant generally cannot be alone in

 

the room with the patient while the treatment, procedure, or

 

examination is being performed.

 

     (2) The department shall make the form publicly available on

 

its website.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 5783 of the 99th Legislature is enacted into

 

law.