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MI SB0071
Bill
AI Summary
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Requires health care licensees and facilities to document in patient medical records when vaginal or anal penetration is performed, with exceptions for services related to urological, gastrointestinal, reproductive, gynecological, or sexual health; temperature measurement; rectal drug administration; and medical emergencies.
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Extends medical record retention period from 7 years to 15 years for records involving vaginal or anal penetration services, unless the service falls within specified exceptions.
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Establishes escalating penalties for failing to document vaginal or anal penetration: first violation up to $1,000 administrative fine, second violation up to $2,500, third or subsequent violation up to 180 days imprisonment or $5,000 fine; gross negligence violations subject to up to 180 days imprisonment or $5,000 fine; intentional violations constitute felony punishable by up to 2 years imprisonment or $7,500 fine.
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Requires health facilities and agencies to report to the department within 30 days any disciplinary action against health professionals for sexual misconduct or cases where professionals resign to avoid discipline investigations.
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Authorizes the department to promulgate rules providing guidance to licensees on generally accepted standards of practice for services involving vaginal or anal penetration, including internal pelvic floor treatments, after consulting with professional associations and stakeholders.
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 authorize department to provide guidance to licensees on certain medical services. Amends secs. 16213, 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
Assigned Pa 0062'23 With Immediate Effect
7/18/2023