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MI SB0226

Bill

Status

Engrossed

11/30/2022

Primary Sponsor

Lana Theis

Click for details

Origin

Senate

101st Legislature

AI Summary

  • Healthcare providers cannot perform vaginal or anal penetration examinations on minors without written consent from a parent, guardian, or person in loco parentis, unless the procedure qualifies for specific exemptions (medical emergencies, urological/gynecological care, children's advocacy centers, sexual assault exams, temperature measurement, or rectal drug administration).

  • A medical assistant or another licensed healthcare provider must be present in the room during examinations involving vaginal or anal penetration of minors, unless the consenting adult waives this requirement.

  • Providers performing procedures requiring multiple visits may conduct subsequent examinations within 6 months of obtaining initial consent without re-obtaining consent.

  • Consent forms must be maintained in the patient's medical record for at least 15 years from the date of the examination.

  • Violators face felony penalties: up to 2 years imprisonment or $5,000 fine for first offense; up to 5 years imprisonment or $10,000 fine for subsequent offenses, with possible consecutive sentencing.

  • The Department of Health and Human Services must create and maintain a standardized consent form addressing gloves, right to alternatives, explanations, chaperone presence, and other medical practice standards.

Legislative Description

Health occupations: health professionals; additional individual present during certain examinations of minors; require under certain circumstances and require consent. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 16279 & 16279a.

State agencies (existing): licensing and regulatory affairs

Last Action

Referred To Committee On Judiciary

11/30/2022

Committee Referrals

Judiciary11/30/2022
Judiciary And Public Safety3/10/2021

Full Bill Text

No bill text available