HB-6392, As Passed House, November 30, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6392

                     (As amended November 30, 2006)

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185),

section 16184 as added by 2006 PA 24 and section 16185 as added by

2006 PA 25.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16184. (1) An individual who is retired from the active

practice of medicine, osteopathic medicine and surgery,  or

podiatric medicine and surgery, [dental hygiene, optometry, psychology,]

 or dentistry and who wishes to

donate his or her expertise for the medical[, optometric, psychological,]

or dental care and

treatment of indigent and needy individuals in this state or for

the medical[, optometric, psychological,] or dental care and treatment of individuals in

medically underserved areas of this state may obtain a special

volunteer license to engage in the practice of medicine,

osteopathic medicine and surgery,  or podiatric medicine and

House Bill No. 6392 (H-1) as amended November 30, 2006

surgery, [dental hygiene, optometry, psychology,] or dentistry by

submitting an application to the board

pursuant to this section. An application for a special volunteer

license shall be on a form provided by the department and shall

include each of the following:

     (a) Documentation that the individual has been previously

licensed to engage in the practice of medicine, osteopathic

medicine and surgery,  or podiatric medicine and surgery, [dental

 hygiene, optometry, psychology,] or

dentistry in this state and that his or her license was in good

standing prior to the expiration of his or her license.

     (b) Acknowledgment and documentation that the applicant will

not receive any payment or compensation, either direct or indirect,

or have the expectation of any payment or compensation, for any

medical[, optometric, psychological,] or dental care services provided

under the special

volunteer license.

     (c) If the applicant has been out of practice for 3 or more

years, documentation that, during the 3 years immediately preceding

the application, he or she has attended at least 2/3 of the

continuing education courses or programs required under part 170,

175,  or 180, [174, 182,] or 166 for the renewal of a license.

     (2) If the board determines that the application of the

individual satisfies the requirements of subsection (1) and that

the individual meets the requirements for a license as prescribed

by this article and rules promulgated under this article, the board

shall grant a special volunteer license to the applicant. A

licensee seeking renewal under this section shall provide the board

with an updated acknowledgment and documentation as described under

subsection (1)(b). Except as otherwise provided under this

House Bill No. 6392 (H-1) as amended November 30, 2006

subsection, the board shall not charge a fee for the issuance or

renewal of a special volunteer license under this section.

     (3) Except as otherwise provided under this subsection, an

individual who is granted a special volunteer license pursuant to

this section and who accepts the privilege of practicing medicine,

osteopathic medicine and surgery,  or podiatric medicine and

surgery, [dental hygiene, optometry, psychology,] or dentistry in this

state is subject to all of the

provisions of this article, including those provisions concerning

continuing education and disciplinary action.

     (4) For purposes of this section, an individual is considered

retired from practice if the individual's license has expired with

the individual's intention of ceasing to engage in the practice of

medicine, osteopathic medicine and surgery,  or podiatric medicine

and surgery, [dental hygiene, optometry, psychology,] or dentistry for

remuneration.

Sec. 16185. (1) Subject to subsection (2), a physician,

podiatrist, [dental hygienist, optometrist, psychologist,] or dentist who

provides medical care under a special

volunteer license granted under section 16184 is not liable in a

civil action for personal injury or death proximately caused by the

professional negligence or malpractice of the physician,

podiatrist, [dental hygienist, optometrist, psychologist,] or dentist in

providing the care if both of the

following apply:

     (a) The care is provided at a health facility or agency that

provides at least 75% of its care annually to medically indigent

individuals.

     (b) The physician, podiatrist, [dental hygienist, optometrist,

psychologist,] or dentist does not receive and

does not intend to receive compensation for providing the care.

     (2) Subsection (1) does not apply if the negligent conduct or

House Bill No. 6392 (H-1) as amended November 30, 2006

malpractice of the physician, podiatrist, [dental hygienist, optometrist,

psychologist,] or dentist is gross

negligence.

     (3) As used in this section:

     (a) "Gross negligence" means conduct so reckless as to

demonstrate a substantial lack of concern for whether an injury

results.

     (b) "Medically indigent individual" means that term as defined

in section 106 of the social welfare act, 1939 PA 280, MCL 400.106.