February 24, 2005, Introduced by Reps. Walker, Stahl, Newell, Vander Veen and Hansen and referred to the Committee on Health Policy.
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), 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 (3), 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.
(c) An individual who has successfully completed an accredited
education program in surgical technology or surgical first
assisting and is certified as a surgical technologist by the
liaison council on certification for the surgical technologist or
is certified as a surgical first assistant by the national surgical
assistant association on the certification of surgical assistants,
the liaison council on certification for the surgical technologist,
or the American board of surgical assisting.
(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) 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.
(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.
(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.