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MI HB4370
Bill
Status
9/18/2019
Primary Sponsor
Mary Whiteford
Click for details
AI Summary
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Requires health professionals and facilities to document in patient records when vaginal or anal penetration is performed during medical services, effective with the bill's enactment.
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Mandates 15-year retention of medical records documenting vaginal or anal penetration procedures (instead of 7 years), with exceptions for urological, gastrointestinal, reproductive, gynecological, sexual health services, medical emergencies, rectal drug administration, and temperature measurement.
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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+ violations as misdemeanor (up to 180 days or $5,000), and intentional violations as felony (up to 2 years or $7,500).
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Requires professional licensing boards for physicians, osteopathic physicians, physician assistants, nurse practitioners, and other health professionals to develop guidance documents on standards of practice for services involving vaginal or anal penetration within one year of enactment.
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Extends hospital record retention requirements and imposes $10,000 administrative fines for non-compliance with record retention and destruction protocols; effective 90 days after enactment.
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, and require certain boards to provide guidance to licensees on medical services involving vaginal or anal penetration. Amends secs. 16213, 16299, 20175, 20175a & 20199 of 1978 PA 368 (MCL 333.16213 et seq.) & adds secs. 16213a, 16429, 17029, 17529, 17829, 17909 & 20175b.
State agencies (existing): licensing and regulatory affairs
Last Action
Referred To Committee Of The Whole
12/9/2020