MEDICAL TREATMENT OF MINOR; PENETRATION S.B. 69, 70 (S-1), 71, & 72 (S-1):

                                                                                                                        SUMMARY AS PASSED BY THE SENATE

Senate Bill 69 (as passed by the Senate)

Senate Bill 70 (Substitute S-1 as passed by the Senate)

Senate Bill 71 (as passed by the Senate)

Senate Bill 72 (Substitute S-1 as passed by the Senate)

Sponsor:   Senator Lana Theis (S.B. 69)

                            Senator Ruth Johnson (S.B. 70)

                            Senator Roger Hauck (S.B. 71)

                            Senator Kristen McDonald Rivet (S.B. 72)

Committee:   Civil Rights, Judiciary, and Public Safety

Date Completed:   5-5-23

INTRODUCTION

Collectively, the bills would modify the conditions under which a health professional or health facility could perform a medical service involving vaginal or anal penetration. The bills would require a health profession licensee and a health facility or agency to expressly state in a patient's medical record that vaginal or anal penetration was performed during a medical service, unless the service met certain conditions. If the patient were a minor, the bills would require a medical assistant to be in the room during the medical service and the health professional to obtain consent from the minor   s parent or guardian.   The bills also would require the retention of these medical records for at least 15 years and prescribe administrative fines and penalties, including misdemeanors and felonies, for not complying with the bills' requirements.

PREVIOUS LEGISLATION

(Please note: This section does not provide a comprehensive account of all previous legislative efforts on the relevant subject matter.)

Senate Bills 69 and 70 are reintroductions of Senate Bills 226 and 227 of the 2021-2022 Legislative Session. Senate Bills 226 and 227 passed the Senate but received no further action. Senate Bills 71 and 72 are similar to House Bills 5783 and 5784 of the 2017-2018 Legislative Session. The House Bills were reported by the Senate Committee on Judiciary but received no further action.

BRIEF FISCAL IMPACT

The bills would create a variety of penalties and civil fines, depending on the violation.   Senate Bill 69 could increase resource demands on law enforcement, court systems, community supervision, jails, and correctional facilities. Felony probation supervision is approximately $4,200 per probationer per year while the average annual cost of housing a prisoner in a State correctional facility is an estimated $45,700. Senate Bill 70 (S-1) and Senate Bill 72 (S-1) would have no fiscal impact on local government and an indeterminate fiscal impact on the State, in light of the Michigan Supreme Court's July 2015 opinion in People v Lockridge, in which the Court ruled that the sentencing guidelines are advisory for all cases. Finally, Senate Bill 71 would provide for fines ranging from $1,000 to $10,000 depending on the section of law that is violated as proposed in the bill.

Proposed MCL 333.16279 & 333.16279a (S.B. 69)                                      Legislative Analyst: Tyler P. VanHuyse

                           MCL 777.13n (S.B. 70)                                                                                 Fiscal Analyst: Joe Carrasco, Jr.

                                         333.16213 et al. (S.B. 71)                                                                                                               Jonah Houtz

                                         777.13n (S.B. 72)

CONTENT

Senate Bill 69 would amend the Public Health Code to do the following: