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MI HB5783
Bill
Status
5/24/2018
Primary Sponsor
Mary Whiteford
Click for details
AI Summary
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Requires medical professionals and health facilities to explicitly document in patient records when vaginal or anal penetration is performed, with exceptions for urological, gastrointestinal, gynecological, reproductive or sexual health services, medical emergencies, rectal drug administration, and temperature measurement.
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Extends medical record retention period from 7 years to 15 years for records involving vaginal or anal penetration services, while maintaining the 7-year standard for other medical records.
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Establishes escalating penalties for failure to document vaginal or anal penetration: first violation up to $1,000 administrative fine, second violation up to $2,500, third or subsequent violations as misdemeanor with up to 180 days imprisonment or $5,000 fine; intentional violations are felonies punishable by up to 2 years imprisonment or $7,500 fine.
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Requires the board to create guidance documents on generally accepted standards of practice for medical services involving vaginal or anal penetration, including internal pelvic floor treatments, to be made publicly available within one year.
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Applies to licensed health professionals, health facilities, and agencies; includes provisions for record transfer and destruction procedures when practitioners or facilities cease operations, with extended protections when sexual misconduct complaints are filed.
Legislative Description
Health; medical records; provision for the protection, retention, and maintenance of medical records referencing a vaginal or anal penetration treatment for 15 years by a health professional and health facility or agency; implement. Amends secs. 16213, 16299, 20175, 20175a & 20199 of 1978 PA 368 (MCL 333.16213 et seq.) & adds secs. 16213a, 17023, 17523 & 20175b.
Health facilities: medical records
Last Action
Referred To Committee Of The Whole
6/7/2018