HOUSE BILL No. 5803


     May 17, 2000, Introduced by Reps. Julian, DeRossett, Gilbert, Tabor, DeWeese, Richner, Brewer and Neumann and referred to
the Committee on Family and Civil Law.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 20175 (MCL 333.20175), as amended by 1993 PA

   79.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 20175.  (1) A health facility or agency shall keep and

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      maintain a record for each patient including a full and complete

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      record of tests and examinations performed, observations made,

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      treatments provided, and in the case of a hospital, the purpose

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      of hospitalization.  In addition to the sanctions set forth in

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      section 20165, a hospital that fails to comply with this subsec-

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      tion is subject to an administrative fine of $10,000.00.

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           (2) A hospital shall take precautions to assure that the

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      records required by subsection (1) are not wrongfully altered or




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      destroyed.  A hospital that fails to comply with this subsection

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      is subject to an administrative fine of $10,000.00.

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           (3) Unless otherwise provided by law, the licensing and cer-

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      tification records required by this article are public records.

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           (4) Departmental officers and employees shall respect the

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      confidentiality of patient clinical records and shall not divulge

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      or disclose the contents of records in a manner that identifies

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      an individual except pursuant to court order.

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           (5) A health facility or agency that employs, contracts

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      with, or grants privileges to a health professional licensed or

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      registered under article 15 shall report the following to the

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      department of  commerce  CONSUMER AND INDUSTRY SERVICES not more

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      than 30 days after it occurs:

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           (a) Disciplinary action taken by the health facility or

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      agency against a health professional licensed or registered under

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      article 15 based on the licensee's or registrant's professional

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      competence, disciplinary action that results in a change of

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      employment status, or disciplinary action based on conduct that

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      adversely affects the licensee's or registrant's clinical privi-

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      leges for a period of more than 15 days.  As used in this subdi-

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      vision, "adversely affects" means the reduction, restriction,

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      suspension, revocation, denial, or failure to renew the clinical

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      privileges of a licensee or registrant by a health facility or

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      agency.

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           (b) Restriction or acceptance of the surrender of the clini-

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      cal privileges of a licensee or registrant under either of the

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      following circumstances:



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           (i) The licensee or registrant is under investigation by the

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      health facility or agency.

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           (ii) There is an agreement in which the health facility or

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      agency agrees not to conduct an investigation into the licensee's

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      or registrant's alleged professional incompetence or improper

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      professional conduct.

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           (c) A case in which a health professional resigns or termi-

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      nates a contract or whose contract is not renewed instead of the

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      health facility taking disciplinary action against the health

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      professional.

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           (6) Upon request by another health facility or agency seek-

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      ing a reference for purposes of changing or granting staff privi-

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      leges, credentials, or employment, a health facility or agency

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      that employs, contracts with, or grants privileges to health pro-

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      fessionals licensed or registered under article 15 shall notify

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      the requesting health facility or agency of any disciplinary or

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      other action reportable under subsection (5) that it has taken

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      against a health professional licensed or registered under arti-

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      cle 15 and employed by, under contract to, or granted privileges

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      by the health facility or agency.

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           (7) For the purpose of reporting disciplinary actions

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       pursuant to  UNDER this section, a health facility or agency

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      shall include only the following in the information provided:

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           (a) The name of the licensee or registrant against whom dis-

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      ciplinary action has been taken.

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           (b) A description of the disciplinary action taken.





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           (c) The specific grounds for the disciplinary action taken.

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           (d) The date of the incident that is the basis for the

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      disciplinary action.

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           (8) The records, data, and knowledge collected for or by

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      individuals or committees assigned a professional review function

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      in a health facility or agency, OR AN INSTITUTION OF HIGHER EDU-

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      CATION IN THIS STATE THAT HAS COLLEGES OF OSTEOPATHIC AND HUMAN

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      MEDICINE, are confidential, shall be used only for the purposes

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      provided in this article, are not public records, and are not

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      subject to court subpoena.

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           Enacting section 1.  This amendatory act does not take

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      effect unless House Bill No. 5063 of the 90th Legislature is

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      enacted into law.































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