INVASIVE BODILY EXAMINATIONS S.B. 44 & 45:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bills 44 and 45 (as introduced 1-26-23)
Sponsor: Senator Paul Wojno (S.B. 44)
Senator Sylvia Santana (S.B. 45)
CONTENT
Senate Bill 44 would amend Part 161 (General Provisions) of the Public Health Code to prohibit a licensee, registrant, or medical student from performing an invasive bodily examination on an anesthetized or unconscious patient unless specified requirements were met.
Senate Bill 45 would amend Part 161 of the Public Health Code to define "invasive bodily examination" as a pelvic, vaginal, rectal, or prostate examination.
The bills are tie-barred. Senate Bill 44 is described in further detail below.
Senate Bill 44
Under the bill, a licensee or registrant would have to comply with the following, unless one of the conditions described below were met:
-- The individual could not perform an invasive bodily examination on an anesthetized or unconscious patient.
-- The individual would have to ensure that a student who was in a health profession training program did not perform an invasive bodily examination on an anesthetized or unconscious patient while performing a duty assigned during training.
(Under the Code, "licensee" means an individual to whom a license is issued under Article 15 (Occupations) of the Code. "Registrant" means an individual to whom a registration, a specialty certification, or a health profession specialty field license is issued under Article 15 of the Code.)
The bill would allow a licensee, registrant, or medical student to perform an invasive bodily examination on an anesthetized or unconscious patient if one of the following were met before the invasive bodily examination was performed:
-- The patient or the patient's authorized representative provided written, informed consent to the invasive bodily examination, and the examination was necessary for preventative, diagnostic, or treatment purposes.
-- The patient or the patient's authorized representative had provided written, informed consent to a surgical procedure or diagnostic examination to be performed on the patient, and the performance of the invasive bodily examination was within the scope of care ordered for the surgical procedure or diagnostic examination.
-- The patient was unconscious and incapable of providing informed consent, and the invasive bodily examination was necessary for diagnostic or treatment purposes.
-- A court had ordered the performance of the invasive bodily examination for the purposes of collecting evidence.
Proposed MCL 333.16279 (S.B. 44)
MCL 333.16105 & 333.16106 (S.B. 45)
PREVIOUS LEGISLATION
(This section does not provide a comprehensive account of previous legislative efforts on this subject matter.)
Senate Bills 44 and 45 are reintroductions of Senate Bills 7 and 6 from the 2021-2022 Legislative Session, respectively.
Legislative Analyst: Alex Krabill
FISCAL IMPACT
The bills would have no fiscal impact on State or local government.
Fiscal Analyst: Joe Carrasco, Jr.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.