SENATE BILL No. 412

 

 

May 30, 2017, Introduced by Senators HERTEL, KNEZEK, CONYERS, YOUNG, ANANICH, BIEDA and GREGORY 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 section 16221b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16221b. (1) Except as provided by law, this state or any

 

political subdivision of this state shall not do any of the

 

following:

 

     (a) Require a health care professional to provide a patient

 

with any of the following:

 

     (i) Information that is not medically accurate information and

 

appropriate for the patient.

 

     (ii) A medical service in a manner that is not evidence-based

 

and appropriate for the patient.

 

     (b) Prohibit a health care professional from providing a

 

patient with any of the following:

 

     (i) Medically accurate information that is appropriate for the

 

patient.

 

     (ii) A medical service that is evidence-based and appropriate

 

for the patient.

 

     (2) Nothing in this section shall be construed to alter

 

existing professional standards of care or abrogate the duty of a

 

health care professional to meet an applicable standard of care.

 

     (3) As used in this section:

 

     (a) "Evidence-based" means a treatment approach that has been

 

proven effective through appropriate empirical analysis.

 

     (b) "Health care professional" means an individual who is

 

licensed, certified, or registered under this article.

 

     (c) "Medically accurate information" means information that

 

meets 1 or more of the following standards:

 

     (i) Is verified or supported by the weight of medical research

 

conducted in compliance with accepted scientific methods.

 

     (ii) Is recognized as correct and objective by leading medical

 

organizations with relevant expertise.

 

     (iii) Is recommended by or affirmed in the medical practice

 

guidelines of a nationally recognized accrediting organization.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.