September 7, 2011, Introduced by Reps. Callton, Olson, Shirkey, Johnson, McCann, Hovey-Wright, Huuki, Haines, MacGregor, Muxlow, Hooker, Yonker, Scott, Darany and Liss and referred to the Committee on Health Policy.
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.
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.