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MI SB0226
Bill
AI Summary
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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).
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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.
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Providers performing procedures requiring multiple visits may conduct subsequent examinations within 6 months of obtaining initial consent without re-obtaining consent.
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Consent forms must be maintained in the patient's medical record for at least 15 years from the date of the examination.
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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.
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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