SENATE BILL No. 1228

April 16, 2002, Introduced by Senator SCHUETTE and referred to the Committee on Health

Policy.

A bill to allow certain health facilities to object to pro-

viding or participating in certain procedures under certain cir-

cumstances; to provide for protection from certain liability; and

to provide for remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. As used in this act:

2 (a) "Health facility" means a health facility or agency as

3 defined in section 20106 of the public health code, 1978 PA 368,

4 MCL 333.20106, a private physician office, or a public or private

5 institution, teaching institution, pharmacy, corporation, part-

6 nership, or sole proprietorship that provides a health care serv-

7 ice to an individual.

8 (b) "Health care service" means the provision or withdrawal

9 of, or research or experimentation involving, a medical

10 treatment, procedure, device, medication, drug, or other

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1 substance intended to affect the physical or mental condition of

2 an individual.

3 (c) "Health profession" means a vocation, calling, occupa-

4 tion, or employment performed by individuals acting pursuant to a

5 license or registration issued under article 15 of the public

6 health code, 1978 PA 368, MCL 333.16101 to 333.18838.

7 (d) "Participate or participating" means, at a minimum, to

8 counsel, refer, perform, administer, prescribe, dispense, treat,

9 withhold, withdraw, diagnose, test, evaluate, train, research,

10 prepare, or provide material or physical assistance in a health

11 care service.

12 Sec. 2. (1) Pursuant to this section, a health facility may

13 assert as a matter of conscience, on an ethical, moral, or reli-

14 gious ground, an objection to providing or participating in a

15 health care service.

16 (2) A health facility shall not assert an objection

17 described in subsection (1) under any of the following

18 circumstances:

19 (a) The objection is to a health care service the health

20 facility routinely provides or participates in and is based on a

21 disagreement with a member of a health profession employed by,

22 under contract to, or granted privileges by the health facility

23 regarding the medical appropriateness of a health care service

24 for a specific patient if the patient has consented to the provi-

25 sion of the health care service.

26 (b) The objection excludes an entire health profession.

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1 (3) A health facility shall provide notice of an objection

2 described in subsection (1) to providing a health care service

3 through written public notice or personally in writing at the

4 time an individual seeks to obtain that health care service from

5 the health facility.

6 (4) A health facility's objection as described in subsection

7 (1) to providing or participating in a health care service shall

8 not be a basis for 1 or more of the following:

9 (a) Civil, criminal, or administrative liability.

10 (b) Eligibility discrimination against the health facility

11 in a grant, contract, or program, where providing or participat-

12 ing in the health care service is not expressly required as a

13 condition of eligibility for the grant, contract, or program.

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