October 27, 2015, Introduced by Senator CASPERSON and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16105a, 16167, 16169, 16170, 16170a, and 20910
(MCL 333.16105a, 333.16167, 333.16169, 333.16170, 333.16170a, and
333.20910), sections 16105a, 16167, and 16170 as added by 1993 PA
80, sections 16169 and 16170a as amended by 2013 PA 268, and
section 20910 as amended by 2006 PA 582.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16105a. (1) "Health professional recovery program" or
"program" means a nondisciplinary, treatment-oriented program for
impaired health professionals established under section 16167.
(2) As used in this section and sections 16165 to 16170a:
(a) "Emergency medical services personnel" means that term as
defined in section 20904.
(b) "Health professionals" includes emergency medical services
personnel who are licensed under article 17 by the department of
health and human services.
Sec. 16167. The committee shall do all of the following:
(a) Establish the general components of the health
professional recovery program and a mechanism for monitoring health
professionals who may be impaired.
(b) Subject to sections 16169 and 16170 and in conjunction
with the health professional recovery program consultants described
in section 16168, develop and implement criteria for the
identification, assessment, and treatment of health professionals
who may be impaired.
(c) In conjunction with the health professional recovery
program consultants described in section 16168, develop and
implement mechanisms for the evaluation of continuing care or
aftercare plans for health professionals who may be impaired.
(d) Develop a mechanism and criteria for the referral of a
health professional who may be impaired to a professional
association when appropriate for the purpose of providing
assistance to the health professional. In developing criteria under
this subdivision, the committee shall require that a referral be
made only with the consent of the health professional.
(e) In conjunction with the department of health and human
services, develop and implement procedures for administration of
the health professional recovery program with respect to emergency
medical services personnel.
(f) (e)
Annually report to each board and
the physician's
assistants task force created under this article on the status of
the health professional recovery program. The committee shall
include in the report, at a minimum, statistical information on the
level of participation in the program of each health profession.
The committee may include in the report recommendations for changes
in the health professional recovery program and for participation
by the boards and the physician's assistants task force,
professional associations, substance abuse treatment and prevention
programs, and other appropriate agencies.
Sec. 16169. (1) If an individual employed by or under contract
to the department has reasonable cause to believe that a health
professional may be impaired, the individual shall transmit the
information to the committee either orally or in writing. Upon
receipt of the information, the committee shall request the program
consultant described in section 16168 to determine whether or not
the health professional may be impaired.
(2) If an individual employed by or under contract to the
department of health and human services has reasonable cause to
believe that a health professional may be impaired, the individual
shall transmit the information to the committee either orally or in
writing. Upon receipt of the information, the committee shall
request the program consultant described in section 16168 to
determine whether or not the health professional may be impaired.
(3) (2)
If, based on the information
received by the
department under section 16168(2), the department determines that
the health professional involved may be a threat to the public
health, safety, or welfare and has violated this article, article
7, or article 8 or the rules promulgated under this article,
article 7, or article 8, the department may proceed under sections
16211 and 16231. This subsection does not apply to emergency
medical services personnel described in subsection (4).
(4) If, based on the information received by the department
under section 16168(2), the department determines that an
individual who holds an emergency medical services license from the
department of health and human services under article 17 may be a
threat to the public health, safety, or welfare and has violated
article 17 or the rules promulgated under article 17, the
department shall notify the department of health and human services
and that department may proceed under section 20958.
Sec. 16170. (1) If the program consultant described in section
16168 determines under section 16169(1) or 16169(2) that a health
professional may be impaired, the committee may accept the health
professional into the health professional recovery program if both
of the following requirements are met:
(a) The health professional acknowledges his or her
impairment.
(b)
The health professional voluntarily does all either of
the
following, as applicable:
(i) Except for a health professional described in subparagraph
(ii), voluntarily does both of the following:
(A) (i) Withdraws
from or limits the scope of his or her
practice, as determined necessary by the committee. To comply with
this subparagraph, a health professional may request the limitation
of his or her license under section 16182.
(B) (ii) Agrees
to participate in a treatment plan that meets
the criteria developed under section 16167.
(ii) If the health professional holds an emergency medical
services personnel license from the department of health and human
services under article 17, voluntarily does both of the following:
(A) Withdraws from or limits the scope of his or her
activities as an emergency medical services personnel licensee, as
determined necessary by the committee. To comply with this sub-
subparagraph, the health professional may request the limitation of
his or her license by the department of health and human services
under section 20165.
(B) Agrees to participate in a treatment plan that meets the
criteria developed under section 16167.
(2) If a health professional does not satisfactorily
participate
in the treatment plan described in subsection
(1)(b)(ii), (1)(b)(i)(B) or (1)(b)(ii)(B), as
determined by the
committee, the committee shall report that fact to the department,
or, if the health professional holds an emergency medical services
personnel license under article 17, to the department of health and
human services.
(3) A health professional participating in or who has
participated in a treatment plan under the health professional
recovery program or an individual treating the health professional
under the treatment plan shall not falsely represent, either
individually or together, that the health professional has
successfully completed the treatment plan. An individual who
intentionally violates this subsection is guilty of a felony.
Sec. 16170a. (1) The identity of an individual submitting
information to the committee or the department regarding the
suspected impairment of a health professional is confidential.
(2) The identity of a health professional who participates in
the health professional recovery program is confidential and is not
subject to disclosure under discovery or subpoena or the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, unless the
health professional fails to satisfactorily participate in and
complete a treatment plan prescribed under the health professional
recovery program or violates section 16170(3).
(3) If a health professional successfully participates in and
completes a treatment plan prescribed under the health professional
recovery program, as determined by the committee, the department,
and the department of health and human services if the health
professional is an emergency medical services personnel licensee,
shall destroy all records pertaining to the impairment of the
health professional, including records pertaining to the health
professional's participation in the treatment plan, upon the
expiration of 5 years after the date of the committee's
determination. This subsection does not apply to records pertaining
to a violation of this article, article 7, or article 8 or a rule
promulgated under this article, article 7, or article 8, or, if the
health professional is an emergency medical services personnel
licensee, to records pertaining to a violation of article 17 or a
rule promulgated under article 17.
Sec. 20910. (1) The department shall do all of the following:
(a) Be responsible for the development, coordination, and
administration of a statewide emergency medical services system.
(b) Facilitate and promote programs of public information and
education concerning emergency medical services.
(c) In case of actual disasters and disaster training drills
and exercises, provide emergency medical services resources
pursuant to applicable provisions of the Michigan emergency
preparedness plan, or as prescribed by the director of emergency
services pursuant to the emergency management act, 1976 PA 390, MCL
30.401 to 30.421.
(d) Consistent with the rules of the federal communications
commission, plan, develop, coordinate, and administer a statewide
emergency medical services communications system.
(e) Develop and maintain standards of emergency medical
services and personnel as follows:
(i) License emergency medical services personnel in accordance
with this part.
(ii) License ambulance operations, nontransport prehospital
life support operations, and medical first response services in
accordance with this part.
(iii) At least annually, inspect or provide for the inspection
of each life support agency, except medical first response
services. As part of that inspection, the department shall conduct
random inspections of life support vehicles. If a life support
vehicle is determined by the department to be out of compliance,
the department shall give the life support agency 24 hours to bring
the life support vehicle into compliance. If the life support
vehicle is not brought into compliance in that time period, the
department shall order the life support vehicle taken out of
service until the life support agency demonstrates to the
department, in writing, that the life support vehicle has been
brought into compliance.
(iv) Promulgate rules to establish the requirements for
licensure of life support agencies, vehicles, and individuals
licensed under this part to provide emergency medical services and
other rules necessary to implement this part. The department shall
submit all proposed rules and changes to the state emergency
medical services coordination committee and provide a reasonable
time for the committee's review and recommendations before
submitting the rules for public hearing under the administrative
procedures act of 1969.
(f) Promulgate rules to establish and maintain standards for
and regulate the use of descriptive words, phrases, symbols, or
emblems that represent or denote that an ambulance operation,
nontransport prehospital life support operation, or medical first
response service is or may be provided. The department's authority
to regulate use of the descriptive devices includes use for the
purposes of advertising, promoting, or selling the services
rendered by an ambulance operation, nontransport prehospital life
support operation, or medical first response service, or by
emergency medical services personnel.
(g) Designate a medical control authority as the medical
control for emergency medical services for a particular geographic
region as provided for under this part.
(h) Develop and implement field studies involving the use of
skills, techniques, procedures, or equipment that are not included
as part of the standard education for medical first responders,
emergency medical technicians, emergency medical technician
specialists, or paramedics, if all of the following conditions are
met:
(i) The state emergency medical services coordination
committee reviews the field study prior to implementation.
(ii) The field study is conducted in an area for which a
medical control authority has been approved pursuant to subdivision
(g).
(iii) The medical first responders, emergency medical
technicians, emergency medical technician specialists, and
paramedics participating in the field study receive training for
the new skill, technique, procedure, or equipment.
(i) Collect data as necessary to assess the need for and
quality of emergency medical services throughout the state pursuant
to
1967 PA 270, MCL 331.531 to 331.533.331.534.
(j) Develop, with the advice of the emergency medical services
coordination committee, an emergency medical services plan that
includes rural issues.
(k) Develop recommendations for territorial boundaries of
medical control authorities that are designed to assure that there
exists reasonable emergency medical services capacity within the
boundaries for the estimated demand for emergency medical services.
(l) Within 1 year after the statewide trauma care advisory
subcommittee is established under section 20917a and in
consultation with the statewide trauma care advisory subcommittee,
develop, implement, and promulgate rules for the implementation and
operation of a statewide trauma care system within the emergency
medical services system consistent with the document entitled
"Michigan
Trauma Systems Plan" prepared by the Michigan trauma
coalition,
Trauma Coalition, dated November 2003. The
implementation and operation of the statewide trauma care system,
including the rules promulgated in accordance with this
subdivision, are subject to review by the emergency medical
services coordination committee and the statewide trauma care
advisory subcommittee. The rules promulgated under this subdivision
shall not require a hospital to be designated as providing a
certain level of trauma care. Upon implementation of a statewide
trauma care system, the department shall review and identify
potential funding mechanisms and sources for the statewide trauma
care system.
(m) In consultation with the department of licensing and
regulatory affairs, develop and implement a program for the
participation of emergency medical services personnel in the health
professional recovery program established under section 16167.
(n) (m)
Promulgate other rules to implement
this part.
(o) (n)
Perform other duties as set forth
in this part.
(2) The department may do all of the following:
(a) In consultation with the emergency medical services
coordination committee, promulgate rules to require an ambulance
operation, nontransport prehospital life support operation, or
medical first response service to periodically submit designated
records and data for evaluation by the department.
(b) Establish a grant program or contract with a public or
private agency, emergency medical services professional
association, or emergency medical services coalition to provide
training, public information, and assistance to medical control
authorities and emergency medical services systems or to conduct
other activities as specified in this part.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.