HB-4893, As Passed House, September 28, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4893

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185),

section 16184 as amended by 2006 PA 591 and section 16185 as

amended by 2011 PA 55.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16184. (1) An individual who is retired from the active

practice of medicine, osteopathic medicine and surgery, podiatric

medicine and surgery, optometry, or dentistry and who wishes to

donate his or her expertise for the medical, optometric, or dental

care and treatment of indigent and needy individuals in this state

or for the medical, optometric, or dental care and treatment of

individuals in medically underserved areas of this state may obtain

a special volunteer license to engage in the practice of medicine,

osteopathic medicine and surgery, podiatric medicine and surgery,

optometry, or dentistry by submitting an application to the board

pursuant to this section. An application for a special volunteer

license shall be on a form provided by the department and shall

include each of the following:

     (a) Documentation that the individual has been previously

licensed to engage in the practice of medicine, osteopathic

medicine and surgery, podiatric medicine and surgery, optometry, or

dentistry in this state and that his or her license was in good

standing prior to the expiration of his or her license.

     (b) Acknowledgment and documentation that the applicant will

not receive any payment or compensation, either direct or indirect,

or have the expectation of any payment or compensation, for any

medical, optometric, or dental care services provided under the

special volunteer license.

     (c) If the applicant has been out of practice for 3 or more

years, documentation that, during the 3 years immediately preceding

the application, he or she has attended at least 2/3 of the

continuing education courses or programs required under part 170,

175, 180, 174, or 166 for the renewal of a license.

     (2) If the board determines that the application of the

individual satisfies the requirements of subsection (1) and that

the individual meets the requirements for a license as prescribed

by this article and rules promulgated under this article, the board

shall grant a special volunteer license to the applicant. A

licensee seeking renewal under this section shall provide the board

with an updated acknowledgment and documentation as described under

subsection (1)(b). Except as otherwise provided under this

subsection, the board shall not charge a fee for the issuance or

renewal of a special volunteer license under this section.

     (3) Except as otherwise provided under this subsection, an

individual who is granted a special volunteer license pursuant to

this section and who accepts the privilege of practicing medicine,

osteopathic medicine and surgery, podiatric medicine and surgery,

optometry, or dentistry in this state is subject to all of the

provisions of this article, including those provisions concerning

continuing education and disciplinary action.

     (4) For purposes of this section, an individual is considered

retired from practice if the individual's license has expired with

the individual's intention of ceasing to engage in the practice of

medicine, osteopathic medicine and surgery, podiatric medicine and

surgery, optometry, or dentistry for remuneration.

     (5) An individual who is granted a special volunteer license

under this section shall only engage in activities within the scope

of practice of the profession for which he or she was licensed

prior to retirement.

     Sec. 16185. (1) Subject to subsection (2), an individual who

provides care under a special volunteer license to engage in the

practice of medicine, osteopathic medicine and surgery, podiatric

medicine and surgery, optometry, or dentistry granted under section

16184 is not liable in a civil action for personal injury or death

proximately caused by the professional negligence or malpractice of

the individual in providing the care if both of the following

apply:

     (a) The care is provided at a health facility or agency that

provides at least 75% of its care annually to medically indigent

individuals.

     (b) The individual does not receive and does not intend to

receive compensation for providing the care.

     (2) Subsection (1) does not apply if the negligent conduct or

malpractice of the individual is gross negligence.

     (3) As used in this section:

     (a) "Gross negligence" means conduct so reckless as to

demonstrate a substantial lack of concern for whether an injury

results.

     (b) "Medically indigent individual" means that term as defined

in section 106 of the social welfare act, 1939 PA 280, MCL 400.106.