SENATE BILL No. 165

 

 

February 7, 2013, Introduced by Senators MARLEAU, HUNTER, MOOLENAAR, JONES, NOFS, PAPPAGEORGE, EMMONS, ROBERTSON and HUNE and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding part 204.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 204

 

     Sec. 20401. This part shall be known and may be cited as the

 

"medical good-faith provisions act".

 

     Sec. 20403. As used in this part:

 

     (a) "Medical futility" means a judgment that further medical

 

treatment of a patient or resident would have no useful result.

 

     (b) "Medical futility policy" means a policy that encourages

 

or allows a health facility or agency employee, or other health


 

care professional who provides medical treatment or care to

 

patients or residents at a health facility or agency, to withhold

 

or discontinue medical treatment or care for a patient or resident

 

based on medical futility.

 

     Sec. 20405. (1) A health facility or agency shall not

 

establish or maintain a medical futility policy unless that policy

 

is in writing.

 

     (2) A health facility or agency that maintains a medical

 

futility policy that applies to the treatment of a patient or

 

resident from birth to 18 years of age shall, upon request, provide

 

a copy of that medical futility policy to the patient or resident,

 

prospective patient or resident, or parent or legal guardian of the

 

patient or resident or prospective patient or resident.