December 1, 2015, Introduced by Reps. Sarah Roberts, Greig, Hovey-Wright, Lane, Faris, Smiley, Plawecki, Brinks, Singh, Townsend, Pagan, Irwin, Zemke, Wittenberg, Chang, Greimel, Guerra, Durhal and Moss and referred to the Committee on Criminal Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 16220.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16220. (1) Notwithstanding any provision of this act to
the contrary, a physician or qualified person assisting the
physician is immune from criminal penalty, civil sanction, and
administrative sanction for a failure to comply with section 17015,
17017, 17515, or 17517 for patient care provided to a specific
patient if, in the physician's good-faith medical judgment,
compliance with section 17015, 17017, 17515, or 17517 in that case
is inconsistent with accepted, evidence-based medical practices or
is medically inappropriate for the patient. This section does not
do any of the following:
(a) Abrogate the professional standard of care to which a
physician or qualified person assisting the physician is expected
to adhere.
(b) Alter existing standards for medical malpractice.
(2) As used in this section:
(a) "Patient care" means all aspects of the health care
professional's interaction with a human patient, including the
provision of information and clinical care.
(b) "Physician" means that term as defined in section 17001 or
17501.
(c) "Qualified person assisting the physician" means that term
as defined in section 17015.