May 5, 2005, Introduced by Senators JACOBS, BASHAM, SWITALSKI, CLARK-COLEMAN, BARCIA, OLSHOVE, HAMMERSTROM, LELAND, CHERRY, THOMAS, PATTERSON, GILBERT, CROPSEY, PRUSI, BRATER, SCHAUER and STAMAS and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16177 and 20175 (MCL 333.16177 and 333.20175),
section 16177 as amended by 1998 PA 332 and section 20175 as
amended by 2000 PA 319, and by adding sections 16213 and 20175a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16177. (1) An individual applying for licensure or
registration under this article shall do so on a form provided by
the department. The department shall require each applicant to
include on the application form his or her social security number.
The department shall not display an applicant's social security
number on his or her license or registration. If the facts set
forth in the application meet the requirements of the board or task
force and this article for licensure or registration, the board or
task force shall grant a license or registration to the applicant.
A board or task force may require the applicant to take an
examination to determine if the applicant meets the qualifications
for licensure or registration. The examination shall include
subjects determined by the board or task force to be essential to
the safe and competent practice of the health profession, the
appropriate use of a title, or both. Passing scores or the
procedure used to determine passing scores shall be established
before an examination is administered.
(2) In addition to the information required under subsection
(1), an applicant for licensure or registration or a licensee or
registrant applying for renewal shall include on a form provided by
the department all of the following information, if applicable:
(a) A felony conviction.
(b) A misdemeanor conviction punishable by imprisonment for a
maximum term of 2 years or a misdemeanor conviction involving the
illegal delivery, possession, or use of alcohol or a controlled
substance.
(c) Sanctions imposed against the applicant by a similar
licensure, registration, certification, or disciplinary board of
another state or country.
(3) In addition to the information required under subsections
(1) and (2), a physician, osteopathic physician, dentist, or
podiatrist applying for licensure or renewal under this article
shall report to the department on a form provided by the department
the name of each hospital with which he or she is employed or under
contract, and each hospital in which he or she is allowed to
practice.
(4) In addition to the information required under subsections
(1), (2), and (3), an applicant for licensure or registration and,
beginning the license renewal cycle after the effective date of the
amendatory act that added section 16213, a licensee or registrant
applying for renewal shall provide the department on a form
provided by the department the name of the health care provider,
health facility or agency, medical records company, or other person
who is responsible for protecting, maintaining, and providing
access to his or her medical records in accordance with section
16213.
(5) (4)
A requirement under this section to include a social
security number on an application does not apply to an applicant
who demonstrates he or she is exempt under law from obtaining a
social security number or to an applicant who for religious
convictions is exempt under law from disclosure of his or her
social security number under these circumstances. The department
shall inform the applicant of this possible exemption.
Sec. 16213. (1) An individual registered or licensed under
this article shall keep and maintain a record for each patient for
whom he or she has provided professional services, including a full
and complete record of tests and examinations performed,
observations made, and treatments provided. The records shall be
kept and maintained for a minimum of 10 years from the last date of
service provided to the patient or longer if otherwise required
under any other federal or state law or regulation. The records
shall be maintained 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.
(2) If a licensee or registrant is unable to comply with this
section, the licensee or registrant shall employ or contract with
another health care provider, a health facility or agency, or a
medical records company to protect, maintain, and provide access to
those records required under subsection (1).
(3) If a licensee or registrant sells or closes his or her
practice, retires from practice, or otherwise ceases to practice
under this article, the licensee or registrant or the personal
representative of the licensee or registrant, if the licensee or
registrant is deceased, shall not abandon the records required
under this section and shall do both of the following:
(a) Send a written notice to the last known address of each
patient for whom he or she has provided professional services. The
notice shall provide the patient with the opportunity to designate
where he or she would like his or her records transferred and shall
specify who will retain custody of his or her records and how he or
she may request access to the same if he or she does not designate
otherwise.
(b) Transfer the records required under subsection (1) to any
of the following:
(i) A successor licensee or registrant.
(ii) If requested by the patient or his or her authorized
representative, a specific health facility or agency or other
health care provider licensed or registered under article 15.
(iii) A health care provider, a health facility or agency, or a
medical records company with which the licensee or registrant had
contracted to protect, maintain, and provide access to those
records required under subsection (1).
(4) Except as otherwise provided under federal or state laws
and regulations, records required to be maintained under subsection
(1) may be destroyed or otherwise disposed of after being
maintained for 10 years. If records maintained in accordance with
this section are subsequently destroyed or otherwise disposed of,
those records shall 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 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 arrangement 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. The department may assess the licensee or registrant with
the costs incurred by the department to enforce this subsection.
(5) A person who fails to comply with this section is subject
to an administrative fine of $10,000.00.
(6) As used in this section:
(a) "Medical records company" means a person who contracts for
or agrees to protect, maintain, and provide access to medical
records for a health care provider or health facility or agency in
accordance with this section.
(b) "Patient" means an individual who receives or has received
health care from a health care provider or health facility or
agency. Patient includes a guardian, if appointed, and a parent,
guardian, or person acting in loco parentis, if the individual is a
minor, unless the minor lawfully obtained health care without the
consent or notification of a parent, guardian, or other person
acting in loco parentis, in which case the minor has the exclusive
right to exercise the rights of a patient under this section with
respect to his or her medical records relating to that care.
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. The records shall be kept and maintained for a
minimum of 10 years from the last date of service provided to the
patient or longer if otherwise required under any other federal or
state law or regulation. 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. 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 10 years. If
records maintained in accordance with this section are subsequently
destroyed or otherwise disposed of, those records shall 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 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. 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 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) 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
of consumer and industry services 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 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 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 by a health facility or agency.
(b) Restriction or acceptance of the surrender of the clinical
privileges of a licensee or registrant under either of the
following circumstances:
(i) The licensee or registrant 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 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 taking disciplinary action against the health
professional.
(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) 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.
(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 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.
(8) 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 be used only for the purposes
provided in this article, are not public records, and are not
subject to court subpoena.
Sec. 20175a. (1) If a health facility or agency is unable to
comply with section 20175, the health facility or agency shall
employ or contract with another health facility or agency or a
medical records company to protect, maintain, and provide access to
those records required under section 20175(1).
(2) If a health facility or agency closes or otherwise ceases
operation, the health facility or agency shall not abandon the
records required to be maintained under section 20175(1) and shall
do both of the following:
(a) Send a written notice to the last known address of each
patient for whom he or she has provided professional services. The
notice shall provide the patient with the opportunity to designate
where he or she would like his or her records transferred and shall
specify who will retain custody of his or her records and how he or
she may request access to the same if he or she does not designate
otherwise.
(b) Transfer the records required under section 20175(1) to
any of the following:
(i) A successor health facility or agency.
(ii) If designated by the patient or his or her authorized
representative, a specific health facility or agency or a health
care provider licensed or registered under article 15.
(iii) A health facility or agency or a medical records company
with which the health facility or agency had contracted to protect,
maintain, and provide access to those records required under
section 20175(1).
(3) A person that fails to comply with this section is subject
to an administrative fine of $10,000.00.
(4) As used in this section:
(a) "Medical records company" means a person who contracts for
or agrees to protect, maintain, and provide access to medical
records for a health facility or agency in accordance with section
20175.
(b) "Patient" means an individual who receives or has received
health care from a health care provider or health facility or
agency. Patient includes a guardian, if appointed, and a parent,
guardian, or person acting in loco parentis, if the individual is a
minor, unless the minor lawfully obtained health care without the
consent or notification of a parent, guardian, or other person
acting in loco parentis, in which case the minor has the exclusive
right to exercise the rights of a patient under this section with
respect to his or her medical records relating to that care.