HOUSE BILL NO. 5115
October 10, 2023, Introduced by Reps. McKinney, Rheingans, Bruck, Hope, Byrnes, Edwards,
Hood, MacDonell, Conlin, Dievendorf, Hill, Brabec, Paiz, Meerman, Miller, Brixie, Schmaltz,
Wilson, VanderWall and Whitsett and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16215 (MCL 333.16215), as amended by 2019 PA
140.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 16215. (1) Subject to subsections (2) to (6), a qualified
2 licensee who holds a license other than a health profession
3 subfield license may delegate to a licensed or unlicensed
4 individual who is otherwise qualified by education, training, or
5 experience the performance of selected acts, tasks, or functions
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1 where the acts, tasks, or functions fall within the scope of
2 practice of the qualified licensee's profession and will be
3 performed under the qualified licensee's supervision. A qualified
4 licensee shall not delegate an act, task, or function under this
5 section if the act, task, or function, under standards of
6 acceptable and prevailing practice, requires the level of
7 education, skill, and judgment required of the qualified licensee
8 under this article.
9 (2) Subject to subsection (1) and except as otherwise provided
10 in this subsection and subsections (3) and (4), a qualified
11 licensee who is an allopathic physician or osteopathic physician
12 and surgeon shall delegate an act, task, or function that involves
13 the performance of a procedure that requires the use of surgical
14 instrumentation only to an individual who is licensed under this
15 article. A qualified licensee who is an allopathic physician or
16 osteopathic physician and surgeon may delegate an act, task, or
17 function described in this subsection to an individual who is not
18 licensed under this article if the unlicensed individual is 1 or
19 more of the following and if the procedure is directly supervised
20 by a licensed qualified licensee who is an allopathic physician or
21 osteopathic physician and surgeon who is physically present during
22 the performance of the procedure:
23 (a) A student enrolled in a school of medicine or osteopathic
24 medicine approved by the Michigan board of medicine or the Michigan
25 board of osteopathic medicine and surgery.
26 (b) A student enrolled in a physician's assistant training
27 program approved by the joint physician's assistant task force
28 created under part 170.
29 (3) Subject to subsection (1), a qualified licensee who is an
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1 allopathic physician or osteopathic physician and surgeon may
2 delegate an act, task, or function described in subsection (2) to
3 an individual who is not licensed under this article and who is 1
4 of the following:
5 (a) Performing acupuncture. This subdivision does not apply
6 beginning 36 months after the effective date of the rules
7 promulgated under section 16525 on the licensure of acupuncturists.
8 (b) Surgically removing only bone, skin, blood vessels,
9 cartilage, dura mater, ligaments, tendons, pericardial tissue, or
10 heart valves only from a deceased individual for transplantation,
11 implantation, infusion, injection, or other medical or scientific
12 purpose.
13 (4) Subject to subsection (1), a qualified licensee who is an
14 allopathic physician or osteopathic physician and surgeon may
15 delegate an act, task, or function described in subsection (2) to
16 an individual who is not licensed under this article if the
17 procedure is directly supervised by a licensed qualified licensee
18 who is an allopathic physician or osteopathic physician and surgeon
19 who and is physically present during the performance of the
20 procedure, the delegation of such procedure is not prohibited or
21 otherwise restricted by the board or that health facility or
22 agency, and the delegation of that act, task, or function is
23 specifically authorized by that health facility or agency to be
24 delegated and performed by either of the following unlicensed
25 individuals:
26 (a) A surgical technologist who meets the qualifications
27 established by the health facility or agency with which he or she
28 the surgical technologist is employed or under contract.
29 (b) A surgical first assistant who meets the qualifications
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1 established by the health facility or agency with which he or she
2 the surgical first assistant is employed or under contract.
3 (5) A board or task force may promulgate rules to further
4 prohibit or otherwise restrict delegation of specific acts, tasks,
5 or functions to a licensed or unlicensed individual if the board or
6 task force determines that the delegation constitutes or may
7 constitute a danger to the health, safety, or welfare of the
8 patient or public.
9 (6) To promote safe and competent practice, a board or task
10 force may promulgate rules to specify conditions under which, and
11 categories and types of licensed and unlicensed individuals for
12 whom, closer supervision may be required for acts, tasks, and
13 functions delegated under this section.
14 (7) An individual who performs acts, tasks, or functions
15 delegated pursuant to under this section does not violate the part
16 that regulates the scope of practice of that health profession.
17 (8) The amendatory act that added this subsection 2005 PA 211
18 does not require new or additional third party third-party
19 reimbursement or mandated worker's compensation benefits for
20 services rendered by an individual authorized to perform those
21 services under subsection (4).
22 (9) As used in this section, "qualified licensee" means any of
23 the following:
24 (a) Except as otherwise provided in subdivision (b), a
25 licensee who holds a license other than a health profession
26 subfield license.
27 (b) An individual who holds a health profession subfield
28 license to engage in the practice as a physician's assistant under
29 part 170, 175, or 180.
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Statutes affected: House Introduced Bill: 333.16215