HOUSE BILL No. 5940

 

March 30, 2006, Introduced by Reps. Kahn, Gaffney, Hune, Ball, Newell, David Law, Gleason, Adamini, Mortimer, Garfield, Schuitmaker, Gosselin, Taub, Lipsey, Tobocman, Wojno, Lemmons, Jr., Sheltrown, Vagnozzi, Jones, Condino, Bieda, Stewart and Lemmons, III and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 16244, 21513, and 21515 (MCL 333.16244,

 

333.21513, and 333.21515), section 16244 as amended by 1993 PA 87

 

and section 21513 as amended by 2002 PA 125.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16244. (1) A person, including a state or county health

 

professional organization, a committee of the organization, or an

 

employee or officer of the organization furnishing information to,

 

or on behalf of, the organization, acting in good faith who makes a

 

report; assists in originating, investigating, or preparing a

 

report; or assists a board or task force, a disciplinary

 

subcommittee, a hearings examiner, the committee, or the department

 

in carrying out its duties under this article is immune from civil


 

or criminal liability including, but not limited to, liability in a

 

civil action for damages that might otherwise be incurred thereby

 

and is protected under the whistleblowers' protection act,  Act No.

 

469 of the Public Acts of 1980, being sections 15.361 to 15.369 of

 

the Michigan Compiled Laws  1980 PA 469, MCL 15.361 to 15.369. A

 

person making or assisting in making a report, or assisting a board

 

or task force, a hearings examiner, the committee, or the

 

department, is presumed to have acted in good faith. The immunity

 

from civil or criminal liability granted under this subsection

 

extends only to acts done pursuant to this article.  or section

 

21513(e).

 

     (2) The physician-patient privilege created in section 2157 of

 

the revised judicature act of 1961,  Act No. 236 of the Public Acts

 

of 1961, being section 600.2157 of the Michigan Compiled Laws  1961

 

PA 236, MCL 600.2157, does not apply in an investigation or

 

proceeding by a board or task force, a disciplinary subcommittee, a

 

hearings examiner, the committee, or the department acting within

 

the scope of its authorization. Unless expressly waived by the

 

individual to whom the information pertains, the information

 

obtained is confidential and shall not be disclosed except to the

 

extent necessary for the proper functioning of a board or task

 

force, a disciplinary subcommittee, the committee, or the

 

department. Except as otherwise provided in this subsection, a

 

person shall not use or disseminate the information except pursuant

 

to a valid court order.

 

     Sec. 21513. The owner, operator, and governing body of a

 

hospital licensed under this article:


 

     (a) Are responsible for all phases of the operation of the

 

hospital, selection of the medical staff, and quality of care

 

rendered in the hospital.

 

     (b) Shall cooperate with the department in the enforcement of

 

this part, and require that the physicians, dentists, and other

 

personnel working in the hospital who are required to be licensed

 

or registered are in fact currently licensed or registered.

 

     (c) Shall assure that physicians and dentists admitted to

 

practice in the hospital are granted hospital privileges consistent

 

with their individual training, experience, and other

 

qualifications.

 

     (d) Shall assure that physicians and dentists admitted to

 

practice in the hospital are organized into a medical staff to

 

enable an effective review of the professional practices in the

 

hospital for the purpose of reducing morbidity and mortality and

 

improving the care provided in the hospital for patients. The

 

review shall include the quality and necessity of the care provided

 

and the preventability of complications and deaths occurring in the

 

hospital.

 

     (e) Shall not discriminate because of race, religion, color,

 

national origin, age, or sex in the operation of the hospital

 

including employment, patient admission and care, room assignment,

 

and professional or nonprofessional selection and training

 

programs, and shall not discriminate in the selection and

 

appointment of individuals to the physician staff of the hospital

 

or its training programs on the basis of licensure,  or  

 

registration, or specialty certification or professional education


 

internship, residency, or other training as doctors of medicine,

 

osteopathic medicine and surgery, or podiatry.

 

     (f) Shall assure that the hospital adheres to medical control

 

authority protocols according to section 20918.

 

     (g) Shall assure that the hospital develops and maintains a

 

plan for biohazard detection and handling.

 

     Sec. 21515. (1) The records, data, and knowledge collected for

 

or by individuals or committees assigned a review function

 

described in this article are confidential and shall be used only

 

for the purposes provided in this article, shall not be public

 

records, and shall not be available for court subpoena except as

 

otherwise provided under this section.

 

     (2) A health care provider, entity, or practitioner may seek

 

judicial review of a final determination, order, or decision made

 

by an individual or committee assigned a review function on the

 

grounds that his or her substantive or procedural or any other

 

legal rights under federal, state, or common law have been

 

violated. If judicial review is sought in accordance with this

 

section, then any records, data, or any other information collected

 

under this section is not exempt from subpoena, discovery, or

 

introduction into evidence in an action as long as those records,

 

data, or information relate to the alleged violation of the

 

petitioner's substantive, procedural, or other legal rights.

 

Records, data, or information that may be released in accordance

 

with this subsection may include, but is not limited to, records,

 

data, or information related to any of the following:

 

     (a) Mechanisms for the selection of individuals or committees,


 

or both, that are assigned a review function.

 

     (b) Qualifications, competence, and experience of an

 

individual who is selected and appointed to a review entity

 

excluding any common identifiers or other information that would

 

make it possible to identify that individual in any manner or in

 

any circumstance.

 

     (c) Rules of order utilized by the review entity.

 

     (d) Protocols for the identification and protection against

 

conflicts of interest within the peer review process.

 

     (e) Agendas and meeting minutes as long as any patient

 

identifying information is extracted.