September 25, 2003, Introduced by Reps. Hardman, Hune, Gaffney, Stallworth, McConico, Ward, Plakas and Murphy and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17001 and 17501 (MCL 333.17001 and
333.17501), section 17001 as amended by 1990 PA 248 and section
17501 as amended by 1990 PA 247, and by adding sections 17018 and
17518.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 17001. (1) As used in this part:
2 (a) "Academic institution" means either of the following:
3 (i) A medical school approved by the board.
4 (ii) A hospital licensed under article 17 that meets all of
5 the following requirements:
6 (A) Was the sole sponsor or a co-sponsor, if each other
7 co-sponsor is either a medical school approved by the board or a
8 hospital owned by the federal government and directly operated by
1 the United States department of veterans' affairs, of not less
2 than 4 postgraduate education residency programs approved by the
3 board under section 17031(1) for not less than the 3 years
4 immediately preceding the date of an application for a limited
5 license under section 16182(2)(c) or an application for a full
6 license under section 17031(2), provided that at least 1 of the
7 residency programs is in the specialty area of medical practice,
8 or in a specialty area that includes the subspecialty of medical
9 practice, in which the applicant for a limited license proposes
10 to practice or in which the applicant for a full license has
11 practiced for the hospital.
12 (B) Has spent not less than $2,000,000.00 for medical
13 education during each of the 3 years immediately preceding the
14 date of an application for a limited license under
15 section 16182(2)(c) or an application for a full license under
16 section 17031(2). As used in this subparagraph, "medical
17 education" means the education of physicians and candidates for
18 degrees or licenses to become physicians, including, but not
19 limited to, physician staff, residents, interns, and medical
20 students.
21 (b) "Medical care services" means those services within the
22 scope of practice of physicians licensed by the board, except
23 those services that the board determines shall not be delegated
24 by a physician without endangering the health and safety of
25 patients as provided for in section 17048(3).
26 (c) "Physician" means an individual licensed under this
27 article to engage in the practice of medicine.
1 (d) "Practice of medicine" means the diagnosis, treatment,
2 prevention, cure, or relieving of a human disease, ailment,
3 defect, complaint, or other physical or mental condition, by
4 attendance, advice, device, diagnostic test, or other means, or
5 offering, undertaking, attempting to do, or holding oneself out
6 as able to do, any of these acts. It includes the performance of
7 needle electromyography and the performance and interpretation of
8 nerve conduction studies.
9 (e) "Practice as a physician's assistant" means the practice
10 of medicine or osteopathic medicine and surgery performed under
11 the supervision of a physician or physicians licensed under this
12 part or part 175.
13 (f) "Supervision" means that term as defined in section
14 16109, except that it also includes the existence of a
15 predetermined plan for emergency situations, including, but not
16 limited to, the designation of a physician to supervise a
17 physician's assistant in the absence of the primary supervising
18 physician.
19 (g) "Task force" means the joint task force created in
20 sections 17025 and 17525.
21 (2) In addition to the definitions in this part, article 1
22 contains definitions and principles of construction applicable to
23 all articles in this code and part 161 contains definitions
24 applicable to this part.
25 Sec. 17018. (1) Only an individual licensed or otherwise
26 authorized by this article as a physician shall perform needle
27 electromyography or interpret nerve conduction studies. A
1 physician shall not delegate the performance of needle
2 electromyography or the interpretation of nerve conduction
3 studies to another individual unless that individual is licensed
4 under this article to engage in the practice of medicine or
5 osteopathic medicine and surgery.
6 (2) Upon delegation by a physician under section 16215 and
7 under the direct supervision of a physician, a licensed or
8 unlicensed individual who is otherwise qualified by education,
9 training, or experience may perform nerve conduction studies.
10 Sec. 17501. (1) As used in this part:
11 (a) "Medical care services" means those services within the
12 scope of practice of physicians licensed and approved by the
13 board, except those services that the board determines shall not
14 be delegated by a physician without endangering the health and
15 safety of patients as provided for in section 17548(3).
16 (b) "Physician" means an individual licensed under this
17 article to engage in the practice of osteopathic medicine and
18 surgery.
19 (c) "Practice of osteopathic medicine and surgery" means a
20 separate, complete, and independent school of medicine and
21 surgery utilizing full methods of diagnosis and treatment in
22 physical and mental health and disease, including the
23 prescription and administration of drugs and biologicals,
24 operative surgery, obstetrics, radiological and other
25 electromagnetic emissions, and placing special emphasis on the
26 interrelationship of the musculoskeletal system to other body
27 systems. It includes the performance of needle electromyography
1 and the performance and interpretation of nerve conduction
2 studies.
3 (d) "Practice as a physician's assistant" means the practice
4 of osteopathic medicine performed under the supervision of a
5 physician licensed under this part or part 170.
6 (e) "Supervision" has the meaning ascribed to it in section
7 16109 except that it includes the existence of a predetermined
8 plan for emergency situations, including, but not limited to, the
9 designation of a physician to supervise a physician's assistant
10 in the absence of the primary supervising physician.
11 (f) "Task force" means the joint task force created in
12 sections 17025 and 17525.
13 (2) In addition to the definitions in this part, article 1
14 contains general definitions and principles of construction
15 applicable to all articles in the code and part 161 contains
16 definitions applicable to this part.
17 Sec. 17518. (1) Only an individual licensed or otherwise
18 authorized by this article as a physician shall perform needle
19 electromyography or interpret nerve conduction studies. A
20 physician shall not delegate the performance of needle
21 electromyography or the interpretation of nerve conduction
22 studies to another individual unless that individual is licensed
23 under this article to engage in the practice of medicine or
24 osteopathic medicine and surgery.
25 (2) Upon delegation by a physician under section 16215 and
26 under the direct supervision of a physician, a licensed or
27 unlicensed individual who is otherwise qualified by education,
1 training, or experience may perform nerve conduction studies.