September 25, 2018, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16211, 16222, 16231, 16235, 16238, 16244,
16648, 16911, 18117, 18237, 18513, 20175, and 21515 (MCL 333.16211,
333.16222, 333.16231, 333.16235, 333.16238, 333.16244, 333.16648,
333.16911, 333.18117, 333.18237, 333.18513, 333.20175, and
333.21515), sections 16211 and 16235 as amended and section 16238
as added by 1993 PA 79, section 16222 as amended by 2014 PA 97,
section 16231 as amended by 2017 PA 249, section 16244 as amended
by 1993 PA 87, section 16648 as amended by 2004 PA 401, section
16911 as added by 1995 PA 126, sections 18117 and 18237 as amended
by 1998 PA 496, section 18513 as amended by 2004 PA 61, and section
20175 as amended by 2006 PA 481.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16211. (1) The department shall create and maintain a
permanent historical record for each licensee and registrant with
respect to information and data transmitted pursuant to law.
(2)
The individual historical record shall must include a
written allegation against the licensee or registrant that is
substantiated after investigation.
(3) The individual historical record may include other items
concerning a licensee's or registrant's record of practice that the
appropriate board determines will facilitate proper and periodic
review, but only those items as designated by rule.
(4) The department shall promptly review the entire file of a
licensee or registrant, including all prior matters with respect to
which no action was taken at the time, with respect to whom there
is received 1 or more of the following:
(a) A notice of revocation, suspension, or limitation of staff
privileges or a change in employment status due to disciplinary
action by a licensed health facility.
(b) A written allegation of a violation of this article,
article 7, or a rule promulgated under this article or article 7
that is substantiated after investigation.
(c) A notice of disciplinary action by a health professional
society.
(d) An adverse malpractice settlement, award, or judgment.
(e) Written notice of 1 or more of the following:
(i) A felony conviction.
(ii) A misdemeanor conviction punishable by imprisonment for a
maximum term of 2 years.
(iii) A misdemeanor conviction, if the misdemeanor involves
the illegal delivery, possession, or use of alcohol or a controlled
substance.
(f) Notice that a licensee or registrant is ineligible to
participate as a provider in a federally funded health insurance or
health benefits program based upon the licensee's or registrant's
failure to meet the program's standards of professional practice. A
certified copy of the action or final order making the licensee or
registrant ineligible is sufficient notice for purposes of this
subdivision.
(g) A report or notice under section 16222.
(h) Notice of a disciplinary action by a licensure,
registration, disciplinary, or specialty certification board in
another state.
(5) The department shall retain written allegations that are
unsubstantiated for 5 years, after which the department shall
remove the allegations from the file, if no further allegations
against the licensee or registrant have been received by the
department within the 5-year period.
(6)
Except as provided in section 16231(6), 16231(8), a
licensee, registrant, or applicant may review his or her individual
historical record.
Sec. 16222. (1) A licensee or registrant who has knowledge
that another licensee or registrant has committed a violation under
section 16221, article 7, or article 8 or a rule promulgated under
article
7 or article 8 shall report file
an affidavit with the
department that reports the conduct and the name of the subject of
the
report to the department. Information The affidavit must be
signed under penalty of perjury by the licensee or registrant who
is making a report under this subsection. Subject to sections 16238
and 16244, the information obtained by the department under this
subsection
is confidential. and is subject to sections 16238 and
16244.
Failure of a licensee or registrant
to make a report under
this subsection does not give rise to a civil cause of action for
damages against the licensee or registrant, but the licensee or
registrant is subject to administrative action under sections 16221
and
16226 . This and
a person that willfully makes a false
statement in an affidavit under this subsection is guilty of
perjury under section 423 of the Michigan penal code, 1931 PA 328,
MCL 750.423. The duty to make a report under this subsection does
not apply to a licensee or registrant who obtains the knowledge of
a violation while providing professional services to the licensee
or registrant to whom the knowledge applies, who is serving on a
duly constituted ethics or peer review committee of a professional
association, or who is serving on a committee assigned a
professional review function in a health facility or agency.
(2) Unless the licensee or registrant making a report under
subsection (1) otherwise agrees in writing or except to the extent
necessary for the proper functioning of the department as that term
is defined in section 16238, the identity of the licensee or
registrant making a report under subsection (1) shall remain
confidential unless disciplinary proceedings under this part are
initiated against the subject of the report and the licensee or
registrant making the report is required to testify in the
proceedings.
(3) A licensee or registrant shall notify the department of
any criminal conviction within 30 days after the date of the
conviction. Failure of a licensee or registrant to notify the
department under this subsection shall result in administrative
action under sections 16221 and 16226.
(4) A licensee or registrant shall notify the department of
any disciplinary licensing or registration action taken by another
state against the licensee or registrant within 30 days after the
date of the action. This subsection includes, but is not limited
to, a disciplinary action that is stayed pending appeal. Failure of
a licensee or registrant to notify the department under this
subsection shall result in administrative action under sections
16221 and 16226.
Sec. 16231. (1) A person or governmental entity that believes
that a violation of this article, article 7, or article 8 or a rule
promulgated under this article, article 7, or article 8 exists may
submit an allegation of that fact to the department in writing. An
allegation that is submitted to the department under this
subsection must be in an affidavit that is signed under penalty of
perjury by the person submitting the allegation. A person that
willfully makes a false statement in an affidavit under this
subsection is guilty of perjury under section 423 of the Michigan
penal code, 1931 PA 328, MCL 750.423.
(2) Subject to subsection (3) and section 16221b, if the
department determines after reviewing an application or an
allegation or a licensee's or registrant's file under section
16211(4) that there is a reasonable basis to believe that a
violation of this article, article 7, or article 8 or a rule
promulgated under this article, article 7, or article 8 exists, 1
of the following applies:
(a) Unless subdivision (b) applies, subject to subsection
(10),
(11), with the authorization of a panel of at least 3
board
members that includes the chair and at least 2 other members of the
appropriate board or task force designated by the chair, the
department shall investigate the alleged violation. Subject to
subsection
(10), (11), if the panel fails to grant or deny
authorization within 7 days after the board or task force receives
a request for authorization, the department shall investigate. If
the department believes that immediate jeopardy exists, the
director or his or her designee shall authorize an investigation
and notify the board chair of that investigation within 2 business
days.
(b) If it reviews an allegation in writing under subsection
(1) that concerns a licensee or registrant whose record created
under section 16211 includes 1 substantiated allegation, or 2 or
more written investigated allegations, from 2 or more different
individuals or entities, received in the preceding 4 years, the
department shall investigate the alleged violation. Authorization
by a panel described in subdivision (a) is not required for an
investigation by the department under this subdivision.
(3) If a person or governmental entity submits a written
allegation under subsection (1) more than 4 years after the date of
the incident or activity that is the basis of the alleged
violation, the department may investigate the alleged violation in
the manner described in subsection (2)(a) or (b), as applicable,
but is not required to conduct an investigation under subsection
(2)(a) or (b).
(4) If it receives information reported under section 16243(2)
that indicates 3 or more malpractice settlements, awards, or
judgments against a licensee in a period of 5 consecutive years or
1 or more malpractice settlements, awards, or judgments against a
licensee totaling more than $200,000.00 in a period of 5
consecutive years, whether or not a judgment or award is stayed
pending appeal, the department shall investigate.
(5) At any time during an investigation or following the
issuance of a complaint, the department may schedule a compliance
conference under section 92 of the administrative procedures act of
1969, MCL 24.292. The compliance conference may include the
applicant, licensee, registrant, or individual, the applicant's,
licensee's, registrant's, or individual's attorney, 1 member of the
department's staff, and any other individuals approved by the
department. One member of the appropriate board or task force who
is not a member of the disciplinary subcommittee with jurisdiction
over the matter may attend the compliance conference and provide
any assistance that is needed. At the compliance conference, the
department shall attempt to reach agreement. If an agreement is
reached, the department shall submit a written statement outlining
the terms of the agreement, or a stipulation and final order, if
applicable, or a request for dismissal to the appropriate
disciplinary subcommittee for approval. If the agreement or
stipulation and final order or request for dismissal is rejected by
the disciplinary subcommittee, or if no agreement is reached, the
department shall schedule a hearing before an administrative law
judge. A party shall not make a transcript of the compliance
conference. All records and documents of a compliance conference
held before a complaint is issued are subject to section 16238.
(6) During an investigation of an alleged violation, the
department shall request that an applicant, licensee, registrant,
or individual who is the subject of the investigation provide the
department with an affidavit responding to the alleged violation.
Within 21 days after the date of receipt of the department's
request, the applicant, licensee, registrant, or individual shall
provide the department with the affidavit. The affidavit must be
signed under penalty of perjury by the applicant, licensee,
registrant, or individual and if another individual assists the
applicant, licensee, registrant, or individual with the preparation
of the affidavit, the affidavit must include the name and title of
the individual who provided the assistance. A person that willfully
makes a false statement in an affidavit under this subsection is
guilty of perjury under section 423 of the Michigan penal code,
1931 PA 328, MCL 750.423.
(7)
(6) Within 90 days after an investigation is initiated
under subsection (2), (3), or (4), the department shall do 1 or
more of the following:
(a) Issue a formal complaint.
(b) Conduct a compliance conference under subsection (5).
(c) Issue a summary suspension.
(d) Issue a cease and desist order.
(e) Dismiss the allegation.
(f) Place in the complaint file not more than 1 written
extension of not more than 30 days to take action under this
subsection.
(8) (7)
Unless the person submitting an
allegation under
subsection (1) otherwise agrees in writing or except to the extent
necessary for the proper functioning of the department as that term
is defined in section 16238, the department shall keep the identity
of a person that submitted the allegation confidential until
disciplinary proceedings under this part are initiated against the
subject of the allegation and the person that made the allegation
is required to testify in the proceedings.
(9) (8)
The department shall serve a
complaint under section
16192. The department shall include in the complaint a notice that
the applicant, licensee, registrant, or individual who is the
subject of the complaint has 30 days from the date of receipt to
respond in writing to the complaint.
(10) (9)
The department shall treat the
failure of an
applicant, licensee, registrant, or individual to respond to a
complaint
within the 30-day period set forth in subsection (8) (9)
as an admission of the allegations contained in the complaint. The
department shall notify the appropriate disciplinary subcommittee
of the individual's failure to respond and shall forward a copy of
the complaint to that disciplinary subcommittee. The disciplinary
subcommittee may then impose an appropriate sanction under this
article, article 7, or article 8.
(11) (10)
All of the following apply for
purposes of
subsection (2)(a):
(a) If the chair of the board or task force has a conflict of
interest, he or she shall appoint another member of the board or
task force as his or her designee and shall not participate in the
panel's decision to grant or deny authorization to the department
to investigate an individual.
(b) A member of the board or task force shall not participate
in the panel's decision to grant or deny authorization to the
department to investigate an individual if that member has a
conflict of interest. If the chair of the board or task force is
notified that a member of the panel has a conflict of interest, the
chair shall remove him or her from the panel and appoint another
member of the board or task force to serve on the panel.
(c) A member of the board or task force who participates in or
is requested to participate in the panel's decision to grant or
deny authorization to the department to investigate an individual
shall disclose to the department, to the chair of the board or task
force, and to the other member of the panel a potential conflict of
interest before those participants make that decision.
(12) (11)
As used in subsection (10), (11), "conflict
of
interest" means any of the following:
(a) Has a personal or financial interest in the outcome of the
investigation of or the imposition of disciplinary sanctions on the
licensee, registrant, or applicant for licensure or registration.
(b) Had a past or has a present business or professional
relationship with the individual that the department is
investigating or requesting authorization to investigate.
(c) Has given expert testimony in a medical malpractice action
against or on behalf of the individual that the department is
seeking authorization to investigate.
(d) Any other interest or relationship designated as a
conflict of interest in a rule promulgated or order issued under
this act.
Sec.
16235. (1) Upon application by the attorney general or a
party
to a contested case, the circuit court The department or
department of attorney general may issue a subpoena requiring a
person to appear before a hearings examiner in a contested case or
before the department in an investigation and be examined with
reference to a matter within the scope of that contested case or
investigation and to produce books, papers, or documents pertaining
to that contested case or investigation. A subpoena issued under
this subsection may require a person to produce all books, papers,
and documents pertaining to all of a licensee's or registrant's
patients in a health facility on a particular day if the allegation
that gave rise to the disciplinary proceeding was made by or
pertains to 1 or more of those patients.
(2) If a person fails to comply with a subpoena issued under
subsection (1), the attorney general acting on the behalf of the
department may invoke the aid of the circuit court for Ingham
County to require the attendance and testimony of witnesses and the
producing of books, papers, and documents. The circuit court may
issue an order requiring the person to appear and give testimony or
to produce the books, papers, and documents. Failure to obey the
order of the circuit court may be punished by the court as a
contempt.
(3) (2)
A copy of a record of a board or a
task force or a
disciplinary subcommittee or a hearings examiner certified by a
person designated by the director is prima facie evidence of the
matters recorded and is admissible as evidence in a proceeding in
this state with the same force and effect as if the original were
produced.
Sec. 16238. (1) Except as otherwise provided in section
13(1)(u)
(i) 13(1)(t)(i)
and (ii) of the freedom of information
act,
Act No. 442 of the Public Acts of 1976, being section 15.243
of
the Michigan Compiled Laws, 1976
PA 442, MCL 15.243, the
information including, but not limited to, patient names, obtained
in an investigation or a compliance conference before a complaint
is
issued, is confidential and shall must not be disclosed except
to the extent necessary for the proper functioning of a hearings
examiner,
a or disciplinary subcommittee, or the proper functioning
of the department.
(2) A compliance conference conducted under this part before a
complaint
is issued shall must be closed to the public.
(3) As used in this section, "proper functioning of the
department" includes, but is not limited to, the disclosure of
information, including information regarding a person that reports
or submits an allegation to the department under section 16222 or
16231, that the department considers necessary for an applicant,
licensee, registrant, or individual to comply with section 16231(6)
or for the issuance of a subpoena under section 16235.
Sec. 16244. (1) A person, including a state or county health
professional organization, a committee of the organization, or an
employee or officer of the organization furnishing information to,
or on behalf of, the organization, acting in good faith who makes a
report; assists in originating, investigating, or preparing a
report; or assists a board or task force, a disciplinary
subcommittee, a hearings examiner, the committee, or the department
in carrying out its duties under this article is immune from civil
or criminal liability including, but not limited to, liability in a
civil action for damages that might otherwise be incurred thereby
and
is protected under the whistleblowers' protection act, Act No.
469
of the Public Acts of 1980, being sections 15.361 to 15.369 of
the
Michigan Compiled Laws. 1980
PA 469, MCL 15.361 to 15.369. A
person making or assisting in making a report, or assisting a board
or task force, a hearings examiner, the committee, or the
department, is presumed to have acted in good faith. The immunity
from civil or criminal liability granted under this subsection
extends only to acts done pursuant to this article or section
21513(e).20175(6) to (8).
(2) The physician-patient privilege created in section 2157 of
the
revised judicature act of 1961, Act No. 236 of the Public Acts
of
1961, being section 600.2157 of the Michigan Compiled Laws, 1961
PA 236, MCL 600.2157, does not apply in an investigation or
proceeding by a board or task force, a disciplinary subcommittee, a
hearings examiner, the committee, or the department acting within
the scope of its authorization. Unless expressly waived by the
individual to whom the information pertains, the information
obtained
is confidential and shall must
not be disclosed except to
the extent necessary for the proper functioning of a board or task
force, a disciplinary subcommittee, or the committee, or the proper
functioning of the department. Except as otherwise provided in this
subsection, a person shall not use or disseminate the information
except pursuant to a valid court order. As used in this subsection,
"proper functioning of the department" includes, but is not limited
to, the disclosure of information, including information regarding
a person that reports or submits an allegation to the department
under section 16222 or 16231, that the department considers
necessary for an applicant, licensee, registrant, or individual to
comply with section 16231(6) or for the issuance of a subpoena
under section 16235.
Sec. 16648. (1) Information relative to the care and treatment
of a dental patient acquired as a result of providing professional
dental services is confidential and privileged. Except as otherwise
permitted or required under the health insurance portability and
accountability act of 1996, Public Law 104-191, and regulations
promulgated under that act, 45 CFR parts 160 and 164, or as
otherwise provided in subsection (2), a dentist or a person
employed by the dentist shall not disclose or be required to
disclose that information.
(2) This section does not prohibit disclosure of the
information described in subsection (1) in the following instances:
(a) Disclosure as part of the defense to a claim in a court or
administrative agency challenging the dentist's professional
competence.
(b) Disclosure pursuant to 1967 PA 270, MCL 331.531 to
331.533.331.534.
(c) Disclosure in relation to a claim for payment of fees.
(d) Disclosure to a third party payer of information relating
to
fees for services in the course of a good faith good-faith
examination of the dentist's records to determine the amount and
correctness of fees or the type and volume of services furnished
pursuant to provisions for payment established by a third party
payer, or information required for a third party payer's
predeterminations, post treatment reviews, or audits. For purposes
of this subdivision, "third party payer" includes, but is not
limited to, a nonprofit dental care corporation, nonprofit health
care corporation, insurer, benefit fund, health maintenance
organization, and dental capitation plan.
(e) Disclosure, pursuant to a court order, to a police agency
as part of a criminal investigation.
(f) Disclosure as provided in section 2844a.
(g) Disclosure made pursuant to section 16222 if the licensee
reasonably believes it is necessary to disclose the information to
comply with section 16222.
(h) Disclosure under section 16281.
(i) Disclosure made pursuant to section 16231(6) if the
licensee reasonably believes it is necessary to disclose the
information to comply with section 16231(6).
Sec. 16911. (1) Except as provided in subsection (3),
information regarding an individual to whom a licensee provided
marriage and family therapy is privileged information and not
subject to waiver, regardless of any of the following:
(a) Whether the information was obtained directly from the
individual, from another person involved in the therapy, from a
test or other evaluation mechanism, or from other sources.
(b) Whether the information was obtained before, during, or
following therapy.
(c) Whether the individual involved is a present client or a
former client.
(2) Except as provided in subsection (3), referrals made by a
circuit court or its counseling service, as provided in the circuit
court
family counseling services act, Act No. 155 of the Public
Acts
of 1964, being sections 551.331 to 551.344 of the Michigan
Compiled
Laws, 1964 PA 155, MCL
551.331 to 551.344, is privileged
information not subject to waiver.
(3) The privilege established in this section is waived only
under 1 of the following circumstances:
(a) If disclosure is required by law or necessary to protect
the health or safety of an individual.
(b) If the licensee is a party defendant to a civil, criminal,
or administrative action arising from services performed as a
licensee, in which case the waiver is limited only to that action.
(c) If a waiver specifying the terms of disclosure is obtained
in writing from each individual over 18 years of age involved in
the marriage and family therapy and then only in accordance with
the terms of the written waiver. If more than 1 individual is or
was involved in the marriage and family therapy performed by a
licensee, the privilege is not waived for any individual unless all
individuals over 18 years of age involved in the marriage and
family therapy have executed the written waiver.
(d) Pursuant to section 16231(6) if the licensee reasonably
believes it is necessary to comply with section 16231(6).
Sec. 18117. For the purposes of this part, the confidential
relations and communications between a licensed professional
counselor or a limited licensed counselor and a client of the
licensed professional counselor or a limited licensed counselor are
privileged communications, and this part does not require a
privileged communication to be disclosed, except as otherwise
provided by law. Confidential information may be disclosed only
upon
under any of the following
circumstances:
(a)
Upon consent of the client. ,
pursuant
(b) Pursuant to section 16222 if the licensee reasonably
believes it is necessary to disclose the information to comply with
section
16222. , or under
(c) Under section 16281.
(d) Pursuant to section 16231(6) if the licensee reasonably
believes it is necessary to disclose the information to comply with
section 16231(6).
Sec. 18237. (1) A psychologist licensed or allowed to use that
title under this part or an individual under his or her supervision
cannot be compelled to disclose confidential information acquired
from an individual consulting the psychologist in his or her
professional capacity if the information is necessary to enable the
psychologist
to render services. Information may be disclosed with
under any of the following circumstances:
(a) With the consent of the individual consulting the
psychologist, or if the individual consulting the psychologist is a
minor,
with the consent of the minor's guardian. , pursuant
(b) Pursuant to section 16222 if the psychologist reasonably
believes it is necessary to disclose the information to comply with
section
16222. , or under
(c) Under section 16281.
(d) Pursuant to section 16231(6) if the psychologist
reasonably believes it is necessary to disclose the information to
comply with section 16231(6).
(2) In a contest on the admission of a deceased individual's
will to probate, an heir at law of the decedent, whether a
proponent or contestant of the will, and the personal
representative of the decedent may waive the privilege created by
this section.
Sec.
18513. (1) An individual registered or licensed under
this
part A registrant or licensee
or an employee or officer of an
organization that employs the registrant or licensee is not
required to disclose a communication or a portion of a
communication made by a client to the individual or advice given in
the course of professional employment.
(2) Except as otherwise provided in this section, a
communication between a registrant or licensee or an organization
with which the registrant or licensee has an agency relationship
and a client is a confidential communication. A confidential
communication
shall not be disclosed, except under either or both
any of the following circumstances:
(a) The disclosure is part of a required supervisory process
within the organization that employs or otherwise has an agency
relationship with the registrant or licensee.
(b) The privilege is waived by the client or a person
authorized to act in the client's behalf.
(c) If the licensee or registrant reasonably believes that it
is necessary to disclose the information to comply with section
16231(6).
(3) If requested by the court for a court action, a registrant
or licensee shall submit to an appropriate court a written
evaluation of the prospect or prognosis of a particular client
without disclosing a privileged fact or a privileged communication.
An attorney representing a client who is the subject of an
evaluation described in this subsection has the right to receive a
copy of the evaluation. If required for the exercise of a public
purpose by a legislative committee, a registrant or licensee or
agency representative may make available statistical and program
information without violating the privilege established under
subsection (2).
(4) A registrant or licensee may disclose a communication or a
portion of a communication made by a client pursuant to section 946
of the mental health code, 1974 PA 258, MCL 330.1946, in order to
comply with the duty set forth in that section.
Sec. 20175. (1) A health facility or agency shall keep and
maintain a record for each patient, including a full and complete
record of tests and examinations performed, observations made,
treatments provided, and in the case of a hospital, the purpose of
hospitalization. Unless a longer retention period is otherwise
required under federal or state laws or regulations or by generally
accepted standards of medical practice, a health facility or agency
shall keep and retain each record for a minimum of 7 years from the
date of service to which the record pertains. A health facility or
agency shall maintain the records in such a manner as to protect
their integrity, to ensure their confidentiality and proper use,
and to ensure their accessibility and availability to each patient
or his or her authorized representative as required by law. A
health facility or agency may destroy a record that is less than 7
years old only if both of the following are satisfied:
(a) The health facility or agency sends a written notice to
the patient at the last known address of that patient informing the
patient that the record is about to be destroyed, offering the
patient the opportunity to request a copy of that record, and
requesting the patient's written authorization to destroy the
record.
(b) The health facility or agency receives written
authorization from the patient or his or her authorized
representative agreeing to the destruction of the record. Except as
otherwise provided under federal or state laws and regulations,
records required to be maintained under this subsection may be
destroyed or otherwise disposed of after being maintained for 7
years. If records maintained in accordance with this section are
subsequently destroyed or otherwise disposed of, those records
shall
must be shredded, incinerated, electronically deleted, or
otherwise disposed of in a manner that ensures continued
confidentiality of the patient's health care information and any
other personal information relating to the patient. If records are
not destroyed or otherwise disposed of as provided under this
subsection, the department may take action including, but not
limited to, contracting for or making other arrangements to ensure
that those records and any other confidential identifying
information related to the patient are properly destroyed or
disposed of to protect the confidentiality of patient's health care
information and any other personal information relating to the
patient. Before the department takes action in accordance with this
subsection, the department, if able to identify the health facility
or agency responsible for the improper destruction or disposal of
the medical records at issue, shall send a written notice to that
health facility or agency at the last known address on file with
the department and provide the health facility or agency with an
opportunity to properly destroy or dispose of those medical records
as required under this subsection unless a delay in the proper
destruction or disposal may compromise the patient's
confidentiality. The department may assess the health facility or
agency with the costs incurred by the department to enforce this
subsection.
In addition to the sanctions set forth in section
20165,
a hospital that fails to comply with this subsection is
subject
to an administrative fine of $10,000.00.
(2)
A hospital shall take precautions to assure ensure that
the records required by subsection (1) are not wrongfully altered
or
destroyed. A hospital that fails to comply with this subsection
is
subject to an administrative fine of $10,000.00.
(3) Unless otherwise provided by law, the licensing and
certification records required by this article are public records.
(4) Departmental officers and employees shall respect the
confidentiality of patient clinical records and shall not divulge
or disclose the contents of records in a manner that identifies an
individual except pursuant to court order or as otherwise
authorized by law.
(5) The department may request and within 30 days of receiving
the request a health facility or agency shall provide the
department with any of the following for the purposes of the
department's investigation of an individual or health professional
employed by the health facility or agency:
(a) Unless otherwise prohibited by law, unredacted medical
records that are requested by the department.
(b) The complete personnel file for the individual or health
professional.
(c) Any other information that the department considers
relevant.
(6)
(5) A health facility or agency that employs, contracts
with,
or grants privileges to a health professional licensed or
registered
under article 15 shall report the
following to the
department not more than 30 days after it occurs:
(a) Disciplinary action taken by the health facility or agency
against
a health professional licensed or registered under article
15
based on the licensee's or
registrant's health
professional's
professional competence, disciplinary action that results in a
change of employment status, or disciplinary action based on
conduct
that adversely affects the licensee's or registrant's
health professional's clinical privileges for a period of more than
15 days. As used in this subdivision, "adversely affects" means the
reduction, restriction, suspension, revocation, denial, or failure
to
renew the clinical privileges of a licensee or registrant health
professional by a health facility or agency.
(b) Restriction or acceptance of the surrender of the clinical
privileges
of a licensee or registrant health
professional under
either of the following circumstances:
(i) The licensee or registranthealth professional is under
investigation by the health facility or agency.
(ii) There is an agreement in which the health facility or
agency
agrees not to conduct an investigation into the licensee's
or
registrant's health
professional's alleged professional
incompetence or improper professional conduct.
(c) A case in which a health professional resigns or
terminates a contract or whose contract is not renewed instead of
the health facility or agency taking disciplinary action against
the health professional.
(7) (6)
Upon request by another health
facility or agency
seeking a reference for purposes of changing or granting staff
privileges, credentials, or employment, a health facility or agency
that employs, contracts with, or grants privileges to health
professionals
licensed or registered under article 15 shall notify
the requesting health facility or agency of any disciplinary or
other
action reportable under subsection (5) (6) that it has taken
against
a health professional licensed or registered under article
15
and employed by, under contract to,
or granted privileges by the
health facility or agency.
(8) (7)
For the purpose of reporting
disciplinary actions
under this section, a health facility or agency shall include only
the following in the information provided:
(a)
The name of the licensee or registrant health professional
against whom disciplinary action has been taken.
(b) A description of the disciplinary action taken.
(c) The specific grounds for the disciplinary action taken.
(d) The date of the incident that is the basis for the
disciplinary action.
(9) (8)
The Except as otherwise
provided in this subsection,
the records, data, and knowledge collected for or by individuals or
committees assigned a professional review function in a health
facility or agency, or an institution of higher education in this
state that has colleges of osteopathic and human medicine, are
confidential,
shall must be used only for the purposes provided in
this article, are not public records, and are not subject to court
subpoena. This subsection does not prohibit the disclosure of
records, data, and knowledge requested by the department for the
investigation of a health professional or individual.
(10) In addition to the sanctions set forth in section 20165,
a health facility or agency that violates this section is subject
to an administrative fine of $10,000.00 for each violation.
(11) As used in this section, "health professional" means an
individual who is licensed or registered under article 15.
Sec.
21515. (1) The Except
as otherwise provided in this
subsection, the records, data, and knowledge collected for or by
individuals or committees assigned a review function described in
this
article are confidential, and shall must be used only for the
purposes
provided in this article, shall not be are not public
records,
and shall are not be available for subject to court
subpoena. This subsection does not prohibit the disclosure of
records, data, and knowledge requested by the department for the
investigation of a health professional or individual.
(2) As used in this section, "health professional" means an
individual who is licensed or registered under article 15.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.