Michigan

Senate Bill 894 (2003)

Introduction

The bill was referred to the Committee on Health Policy in December, 2003 and did not progress further. [Administrator]

December 11, 2003

Introduced by Senators Tony Stamas - (primary) Mike Bishop, Jason Allen, Jim Barcia, Wayne Kuipers, Dennis Olshove, Bill Hardiman, Cameron Brown

A bill to allow certain health facilities to object to providing or participating in certain procedures under certain circumstances; to provide for protection from certain liability; and to provide for remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. As used in this act:

(a) "Health facility" means a health facility or agency as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106, a private physician office, or a public or private institution, teaching institution, pharmacy, corporation, partnership, or sole proprietorship that provides a health care service to an individual.

(b) "Health care service" means the provision or withdrawal of, or research or experimentation involving, a medical treatment, procedure, device, medication, drug, or othersubstance intended to affect the physical or mental condition of an individual.

(c) "Health profession" means a vocation, calling, occupation, or employment performed by individuals acting pursuant to a license or registration issued under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(d) "Participate or participating" means, at a minimum, to counsel, refer, perform, administer, prescribe, dispense, treat, withhold, withdraw, diagnose, test, evaluate, train, research, prepare, or provide material or physical assistance in a health care service.

Sec. 2. (1) Notwithstanding any other provision of the law, a health facility may refuse to provide or participate in a health care service that violates an ethical, moral, or religious principle reflected in its articles of incorporation, bylaws, or an adopted mission statement.

(2) A health facility shall not assert an objection described in subsection (1) under any of the following circumstances:

(a) The objection is to a health care service the health facility routinely provides or participates in and is based on a disagreement with a member of a health profession employed by, under contract to, or granted privileges by the health facility regarding the medical appropriateness of a health care service for a specific patient if the patient has consented to the provision of the health care service.

(b) The objection excludes an entire health profession.

(3) A health facility shall provide notice of an objection described in subsection (1) to providing a health care service through written public notice or personally in writing at the time an individual seeks to obtain that health care service fromthe health facility.

(4) A health facility's objection as described in subsection (1) to providing or participating in a health care service shall not be a basis for 1 or more of the following:

(a) Civil, criminal, or administrative liability.

(b) Eligibility discrimination against the health facility in a grant, contract, or program, where providing or participating in the health care service is not expressly required as a condition of eligibility for the grant, contract, or program.