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.