HOUSE BILL No. 5793

 

 

April 12, 2018, Introduced by Reps. Theis, Hornberger, Kesto, Rendon and Iden and referred to the Committee on Law and Justice.

 

     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.

 

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

 

examination, the licensee or registrant obtained 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. 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.

 

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

 

primarily relates to the patient's 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.

 

     (4) A person that violates this section 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.

 

     (5) 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.

 

     (6) 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 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 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 patient 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 patient has the right to request a clear

 

explanation of the nature of the treatment, procedure, or

 

examination.

 

     (d) That the patient may request that gloves be used during

 

the treatment, procedure, or examination.

 

     (e) That a licensee or registrant 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 Senate Bill No.____ or House Bill No. 5783 (request no.

 

06082'18) of the 99th Legislature is enacted into law.