SEXUAL CONDUCT; MEDICAL TREATMENT                                           H.B. 4121 & 4122:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

House Bill 4121 and 4122 (as reported without amendment)

Sponsor:  Representative Kelly Breen (H.B. 4121)

               Representative Kara Hope (H.B. 4122)

House Committee: Judiciary

Senate Committee:  Civil Rights, Judiciary, and Public Safety

CONTENT

House Bill 4121 would amend the Public Health Code to include a conviction for engaging in sexual contact or sexual penetration under the pretext of medical treatment among the grounds for disciplinary action against a health professional.

House Bill 4122 would amend the Public Health Code to require a disciplinary subcommittee to revoke permanently the license of an individual convicted of engaging in sexual contact or sexual penetration under the pretext of medical treatment.

MCL 333.16221 (H.B. 4121)                                                                                      

       333.16226 (H.B. 4122)                                                                                      

BRIEF RATIONALE

According to testimony, sexual contact and penetration under the pretext of medical treatment is not uncommon. A well-known example is that of Larry Nassar, a former doctor for Michigan State University's gymnastics team who was convicted of several counts of first-degree criminal sexual conduct that he perpetrated during his work as the team doctor. Some people believe that these examples demonstrate a need for a disciplinary subcommittee to revoke a health professional licensure upon conviction.

PREVIOUS LEGISLATION

(Please note: This section does not provide a comprehensive account of all previous legislative efforts on the relevant subject matter.)

House Bill 4121 and House Bill 4122 are reintroductions of House Bill 4372 and House Bill 4373, respectively, of the 2019-2020 Legislative Session. House Bills 4372 and 4373 passed the House and were reported by the Senate Committee on Judiciary and Public Safety but received no further action.

                                                                         Legislative Analyst:  Tyler P. VanHuyse

FISCAL IMPACT

The bills would not have a significant fiscal impact on State or local government.

Date Completed:  6-14-23                                         Fiscal Analyst: Elizabeth Raczkowski

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.