HB-4156, As Passed Senate, November 6, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4156

     A bill to amend 1978 PA 368, entitled

"Public health code,"

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

as amended by 2012 PA 4.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16184. (1) An individual who is retired from engaging in

the active practice of medicine, osteopathic medicine and surgery,

podiatric medicine and surgery, optometry, or dentistry a health

profession and who wishes to donate his or her expertise for the

medical, optometric, or dental health care and treatment of

indigent and needy individuals in this state or for the medical,

optometric, or dental health 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, podiatric medicine and surgery,

optometry, or dentistry the health profession from which he or she

is retired by submitting an application to the board pursuant to

under this section. An applicant shall submit 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, podiatric medicine and surgery, optometry, or

dentistry a health profession in this state and that his or her

license was in good standing prior to the expiration of at the time

his or her license expired.

     (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, or dental health care and treatment 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 for that health

profession under part 170, 175, 180, 174, or 166 this article or

any rules promulgated under this article for the renewal of a

license for that health profession.

     (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 under 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

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

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 in this subsection, an

individual who is granted a special volunteer license pursuant to

under this section and who accepts the privilege of practicing

medicine, osteopathic medicine and surgery, podiatric medicine and

surgery, optometry, or dentistry engaging in the practice of a

health profession in this state is subject to all of the provisions

of this article applicable to that health profession, including

those provisions concerning continuing education and disciplinary

action.

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

retired from engaging in the practice of a health profession if the

individual's license has expired with the individual's intention of

ceasing to engage, for remuneration, in the practice of medicine,

osteopathic medicine and surgery, podiatric medicine and surgery,

optometry, or dentistry for remuneration.the health profession.

     (5) An individual who is granted a special volunteer license

under this section shall only engage in activities within the scope

of practice of the health profession for which he or she was

licensed prior to before his or her retirement.

     (6) As used in this section and section 16185, "health

profession" means a health profession for which an individual must

be licensed, registered, or otherwise authorized under article 15

to practice in this state.

     Sec. 16185. (1) Subject to subsection (2), an individual who

provides care under a special volunteer license to engage in the

practice of medicine, osteopathic medicine and surgery, podiatric

medicine and surgery, optometry, or dentistry a health profession

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 individual 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 individual 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

malpractice of the individual 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.