March 29, 2006, Introduced by Rep. Mortimer 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 94 and section 16279.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 94. CONSUMER HEALTH FREEDOM
Sec. 9401. (1) This part shall be known and may be cited as
the "Michigan health freedom act".
(2) The legislature finds all of the following:
(a) Based upon studies, research, and public policy
declarations by state governments, including a comprehensive report
by the national institutes of medicine and a study published by the
New England journal of medicine, it is widely recognized that
thousands of individuals in this state are presently receiving a
substantial amount of health care from providers of complementary
or alternative health care services who are not licensed or
registered by the state. Those studies further indicate that
complementary or alternative health care services are used by
individuals from a wide variety of age, ethnic, socioeconomic, and
other demographic categories.
(b) Notwithstanding the widespread use of complementary or
alternative health care services, access to these services for
residents of this state has been hampered by a failure of this
state to openly acknowledge the existence of certain health care
practices, healing therapies and modalities, and methods that are
not suitable for regulation or licensure under this code. As a
result, the providers of these services who are not licensed or
registered by this state as health care professionals may be
subject to charges of engaging in the practice of a health
profession without a license and exposed to fines, penalties, or
the restriction of their practice despite the fact that these
services have not been shown to pose an imminent risk of
significant and discernible harm to the public's health, safety, or
welfare. Accordingly, the availability of the complementary or
alternative healing services has been significantly, harmfully, and
unnecessarily limited by potentially subjecting the unlicensed
providers of those services to fines, penalties, and restriction of
their practice.
(c) That the unregulated practice of complementary or
alternative health care services is suitable and desirable under
certain circumstances for the public's health and welfare and that
barriers to the public's access to the performance and delivery of
those complementary or alternative health care services shall be
removed and access enhanced.
Sec. 9403. (1) As used in this part:
(a) "Complementary or alternative health care services" means,
subject to section 9405(1), a broad domain of health care practices
and services, including methods, modalities, treatments,
procedures, or protocols that have not been generally adopted by a
licensed health care profession, are not generally considered by
that profession to be within the current acceptable standards of
care, or are not standard practices of a profession in a particular
community, and that do not pose a greater risk of direct physical
or emotional harm to a client when used as directed than that of
conventional predominantly used treatment performed under a
prevailing and accepted standard of care of that licensed health
profession.
(b) "Licensed health care professional" means an individual
licensed or registered, or otherwise authorized, under article 15
to engage in the practice of his or her health profession. Licensed
health care professional does not include a sanitarian or a
veterinarian.
(c) "Prescription drug" means that term as defined under
section 17708.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles in this code.
Sec. 9405. (1) Notwithstanding any other provision of law, an
individual other than a licensed health care professional may
provide complementary or alternative healing services as authorized
under this part. An individual other than a licensed health care
professional who provides complementary or alternative healing
services is not engaged in the unlawful practice of a health
profession or otherwise in violation of this code unless he or she
does any of the following:
(a) Performs surgery or any other procedure that harmfully
punctures the skin.
(b) Prescribes or administers any procedure involving ionizing
radiation.
(c) Prescribes, dispenses, administers, or recommends the
discontinuance of a prescription drug or device.
(d) Performs a chiropractic adjustment of the articulations of
the joints or spine.
(e) Willfully provides a diagnosis or treatment of a physical
or mental health condition of an individual that directly poses to
the individual diagnosed or treated a significant risk of bodily
injury, significant physical or mental illness, or death.
(f) Holds out, states, indicates, advertises, or otherwise
implies to any person that he or she is a licensed health care
professional.
(2) An individual other than a licensed health care
professional who provides complementary or alternative healing
services shall do each of the following:
(a) Prior to providing complementary or alternative health
care services, disclose to the recipient of the services in a
plainly worded written statement the following information:
(i) The nature of the services to be provided and the theory on
which the services are based.
(ii) The degrees, training, experience, credentials, or other
qualifications of the individual with regard to the services to be
provided.
(iii) A statement, printed clearly in not less than 11-point
font as follows:
"I AM NOT LICENSED OR REGISTERED BY THE STATE OF MICHIGAN AS A
LICENSED HEALTH CARE PROFESSIONAL. MICHIGAN HAS NOT ADOPTED ANY
EDUCATIONAL AND TRAINING STANDARDS FOR UNLICENSED INDIVIDUALS WHO
PROVIDE COMPLEMENTARY OR ALTERNATIVE HEALTH CARE SERVICES. THIS
STATEMENT OF CREDENTIALS IS FOR INFORMATIONAL PURPOSES ONLY."
(b) Obtain a written acknowledgment from the recipient stating
that he or she has been provided with the information described
under this subsection and provide the recipient with a copy of this
written acknowledgment.
Sec. 9407. (1) An individual who provides complementary or
alternative health care services and engages in any of the
activities proscribed under section 9405(1) is guilty of a felony
as described under section 16294 and required to make restitution.
(2) An individual who provides complementary or alternative
health care services and fails to comply with section 9405(2) may
be subject to an administrative or civil fine to be paid to the
department in an amount not to exceed $500.00 for each violation.
Sec. 9409. Nothing in this part shall be construed to affect
the scope of practice or the standard of care applicable to
licensed health care professionals in the performance of
complementary or alternative health care services.
Sec. 16279. (1) A licensee or registrant who offers to provide
a patient with a complementary or alternative health service shall
do all of the following:
(a) Inform the patient of the nature of the service or
services, along with the theory on which those services are based,
and explain the benefits and risks associated with such services.
(b) Inform the patient of his or her degrees, training,
experience, credentials, or other qualifications with regard to the
services being offered.
(c) Obtain a written acknowledgment from the patient stating
that he or she has been provided with the information described
under this subsection and provide the patient with a copy of this
written acknowledgment.
(2) Nothing in this section modifies or changes the scope of
practice or the standard of care for any prevailing or conventional
treatment methods used that are applicable to a licensee or
registrant.
(3) As used in this section, "complementary or alternative
health care service" means that term as defined under section 9403.
Enacting section 1. This amendatory act takes effect July 1,
2006.