HB-4403, As Passed House, June 29, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4403

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 16215 (MCL 333.16215), as amended by 1999 PA

60.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16215. (1) Subject to subsections (2) to  (5)  (6), a

licensee who holds a license other than a health profession

subfield license may delegate to a licensed or unlicensed

individual who is otherwise qualified by education, training, or

experience the performance of selected acts, tasks, or functions

where the acts, tasks, or functions fall within the scope of

practice of the licensee's profession and will be performed under

the licensee's supervision. A licensee shall not delegate an act,

task, or function under this section if the act, task, or function,

under standards of acceptable and prevailing practice, requires the

level of education, skill, and judgment required of the licensee

under this article.

     (2) Subject to subsection (1) and except as otherwise provided

in this subsection and  subsection  subsections (3) and (4), a

licensee who is an allopathic physician or osteopathic physician

and surgeon shall delegate an act, task, or function that involves

the performance of a procedure that requires the use of surgical

instrumentation only to an individual who is licensed under this

article. A licensee who is an allopathic physician or osteopathic

physician and surgeon may delegate an act, task, or function

described in this subsection to an individual who is not licensed

under this article if the unlicensed individual is 1 or more of the

following and if the procedure is directly supervised by a licensed

allopathic physician or osteopathic physician and surgeon who is

physically present during the performance of the procedure:

     (a) A student enrolled in a school of medicine or osteopathic

medicine approved by the Michigan board of medicine or the Michigan

board of osteopathic medicine and surgery.

     (b) A student enrolled in a physician's assistant training

program approved by the joint physician's assistant task force

created under part 170.

     (3) Subject to subsection (1), a licensee who is an allopathic

physician or osteopathic physician and surgeon may delegate an act,

task, or function described in subsection (2) to an individual who

is not licensed under this article and who is 1 of the following:

     (a) Performing acupuncture.

     (b) Surgically removing only bone, skin, blood vessels,

cartilage, dura mater, ligaments, tendons, pericardial tissue, or

heart valves only from a deceased individual for transplantation,

implantation, infusion, injection, or other medical or scientific

purpose.

     (4) Subject to subsection (1), a licensee who is an allopathic

physician or osteopathic physician and surgeon may delegate an act,

task, or function described in subsection (2) to an individual who

is not licensed under this article if the procedure is directly

supervised by a licensed allopathic physician or osteopathic

physician and surgeon who is physically present during the

performance of the procedure, the delegation of such procedure is

not prohibited or otherwise restricted by the board or that health

facility or agency, and the delegation of that act, task, or

function is specifically authorized by that health facility or

agency to be delegated and performed by either of the following

unlicensed individuals:

     (a) A surgical technologist who meets the qualifications

established by the health facility or agency with which he or she

is employed or under contract with.

     (b) A surgical first assistant who meets the qualifications

established by the health facility or agency with which he or she

is employed or under contract with.

(5)  (4) A board may promulgate rules to further prohibit or

otherwise restrict delegation of specific acts, tasks, or functions

to a licensed or unlicensed individual if the board determines that

the delegation constitutes or may constitute a danger to the

health, safety, or welfare of the patient or public.

(6)  (5) To promote safe and competent practice, a board may

promulgate rules to specify conditions under which, and categories

and types of licensed and unlicensed individuals for whom, closer

supervision may be required for acts, tasks, and functions

delegated under this section.

(7)  (6) An individual who performs acts, tasks, or functions

delegated pursuant to this section does not violate the part that

regulates the scope of practice of that health profession.

     (8) The amendatory act that added this subsection does not

require new or additional third party reimbursement or mandated

worker's compensation benefits for services rendered by an

individual authorized to perform those services under subsection

(4).