March 29, 2012, Introduced by Reps. Hooker, Yonker, Pscholka, Johnson, Lyons, O'Brien, Shirkey, LeBlanc, Heise, Haveman, MacGregor, Hughes, Price, Opsommer, Haines, Moss, Agema, Goike, LaFontaine, Shaughnessy, Olson, Somerville, Huuki, Cotter, Knollenberg, Graves, Franz, Lori, McMillin, Outman, Muxlow, Potvin and Jenkins and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 20115 (MCL 333.20115), as amended by 1999 PA
206.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20115. (1) The department may promulgate rules to further
define the term "health facility or agency" and the definition of a
health facility or agency listed in section 20106 as required to
implement this article. The department may define a specific
organization as a health facility or agency for the sole purpose of
certification authorized under this article. For purpose of
certification only, an organization defined in section 20106(5),
20108(1), or 20109(4) is considered a health facility or agency.
The term "health facility or agency" does not mean a visiting nurse
service or home aide service conducted by and for the adherents of
a church or religious denomination for the purpose of providing
service for those who depend upon spiritual means through prayer
alone for healing.
(2) The department shall promulgate rules to differentiate a
freestanding surgical outpatient facility from a private office of
a physician, dentist, podiatrist, or other health professional. The
department shall specify in the rules that a facility including,
but not limited to, a private practice office described in this
subsection
in which 50% 1 or more of the patients annually served
at the facility undergo an abortion must be licensed under this
article as a freestanding surgical outpatient facility.
(3) The department shall promulgate rules that in effect
republish R 325.3826, R 325.3832, R 325.3835, R 325.3857, R
325.3866, R 325.3867, and R 325.3868 of the Michigan administrative
code, but shall include in the rules standards for a freestanding
surgical
outpatient facility in which 50% 1 or more of the patients
annually served in the freestanding surgical outpatient facility
undergo an abortion. The department shall assure that the standards
are consistent with the most recent United States supreme court
decisions regarding state regulation of abortions.
(4) Subject to section 20145 and part 222, the department may
modify or waive 1 or more of the rules contained in R 325.3801 to R
325.3877 of the Michigan administrative code regarding construction
or equipment standards, or both, for a freestanding surgical
outpatient
facility in which 50% 1 or more of the patients annually
served in the freestanding surgical outpatient facility undergo an
abortion, if both of the following conditions are met:
(a) The freestanding surgical outpatient facility was in
existence
and operating on the effective date of the amendatory act
that
added this subsection.March
10, 2000.
(b) The department makes a determination that the existing
construction or equipment conditions, or both, within the
freestanding surgical outpatient facility are adequate to preserve
the health and safety of the patients and employees of the
freestanding surgical outpatient facility or that the construction
or equipment conditions, or both, can be modified to adequately
preserve the health and safety of the patients and employees of the
freestanding surgical outpatient facility without meeting the
specific requirements of the rules.
(5) As used in this subsection, "abortion" means that term as
defined in section 17015.