HB 4789
Many Michigan residents, my family included, enjoy alternative health remedies as part of our healthcare options. Unfortunately, Michigan’s legal environment has vagaries that make it difficult for alternative health providers to offer even modest services. My bill would create the “Michigan Consumer Health Freedom Law,” which models similar acts in other states. The bill would allow alternative health providers to be able to offer choices to consumers without being subject to suit for unlawful practice of a health profession. It would not grant alternative health providers any authority to prescribe drugs, perform surgeries or any other medical activity reserved for licensed healthcare professionals.Additionally, they would have to state plainly that they are not licensed as health care professionals and provide such declarations to prospective consumers.
…………………Joel Johnson State Representative 97th District, Sponsor of HB 4789
CoSponsors: Rep. Lesia Liss, (D) 28th District, Warren; Rep. Ben Glardon, 85th District (R) Owosso
HB 4789
HOUSE BILL No. 4789
June 16, 2011, Introduced by Reps. Johnson, Liss and Glardon and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
“Public health code,”
(MCL 333.1101 to 333.25211) by adding part 94.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 94
MICHIGAN CONSUMER HEALTH FREEDOM
Sec. 9401. (1) This part may be cited as the “Michigan
consumer health freedom law”.
(2) The legislature finds all of the following:
(a) Based upon studies, research, and public policy
declarations by state governments, including a comprehensive report
by the institute of medicine of the national academies and a study
published by the “New England Journal of Medicine”, it is widely
recognized that thousands of individuals in this state are
presently receiving a substantial amount of health care from
providers of complementary or alternative health care services who
are not licensed health care professionals. That information
further indicates that individuals from a wide variety of age,
ethnic, socioeconomic, and other demographic categories use
complementary or alternative health care services.
(b) Notwithstanding the widespread use of complementary or
alternative health care services, access to complementary or
alternative health care services for residents of this state has
been hampered by a failure of this state to openly acknowledge the
existence of certain health care practices, healing therapies and
modalities, and methods that comprise complementary or alternative
health care services. As a result, a provider of complementary or
alternative health care services who is not a licensed health care
professional may be subject to charges of engaging in the practice
of a health profession without a license and exposed to fines,
penalties, or the restriction of his or her practice despite the
fact that complementary or alternative health care services have
not been shown to pose an imminent risk of significant and
discernible harm to the public’s health, safety, or welfare.
Accordingly, the availability of complementary or alternative
health care services has been significantly, harmfully, and
unnecessarily limited.
(c) That the unregulated practice of complementary or
alternative health care services is suitable and desirable under
certain circumstances for the public’s health, safety, and welfare
and that barriers to the public’s access to the performance and
delivery of complementary or alternative health care services
should be removed and access enhanced.
Sec. 9403. (1) As used in this part:
(a) “Complementary or alternative health care services” means
the broad domain of health care practices, healing therapies and
modalities, and methods that are not prohibited by section 9405(1)
and that may be provided by an individual who is not a licensed
health care professional.
(b) “Device” means that term as defined in section 17703.
(c) “Licensed health care professional” means an individual
who is licensed, registered, or otherwise authorized to engage in
the practice of a health profession under article 15. Licensed
health care professional does not include a sanitarian or a
veterinarian.
(d) “Prescription” and “prescription drug” mean those terms as
defined in section 17708.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles in this act.
Sec. 9405. (1) Notwithstanding any other provision of law, an
individual other than a licensed health care professional who
provides complementary or alternative health care services as
authorized under this part is not engaged in the unlawful practice
of a health profession or otherwise in violation of this act unless
he or she does any of the following:
(a) Performs surgery or any other procedure that harmfully
punctures the skin.
(b) Prescribes or administers any procedure involving ionizing
radiation.
(c) Prescribes, dispenses, administers, or recommends the
discontinuance of a prescription drug or a device that is salable
by prescription only.
(d) Performs a chiropractic adjustment of the articulations of
the joints or spine.
(e) Willfully provides a diagnosis or treatment of a physical
or mental health condition of an individual that directly poses to
the individual diagnosed or treated a significant risk of bodily
injury, significant physical or mental illness, or death.
(f) Holds out, represents, states, indicates, advertises, or
otherwise implies to any person that he or she is a licensed health
care professional.
(2) An individual other than a licensed health care
professional who provides complementary or alternative health care
services shall do all of the following:
(a) Prior to providing complementary or alternative health
care services, disclose to the recipient of the services in a
plainly worded written statement the following information:
(i) The nature of the services to be provided.
(ii) The degrees, training, experience, credentials, or other
qualifications of the individual with regard to the services to be
provided.
(iii) A statement, printed clearly in not less than 11-point
type as follows:
“I am not licensed, registered, or otherwise authorized by the
state of Michigan to engage in the practice of a health
profession as a licensed health care professional. Michigan
has not adopted any educational and training standards for
unlicensed individuals who provide complementary or
alternative health care services. This statement of
credentials is for informational purposes only.”.
(b) Obtain a written acknowledgment from the recipient of the
services stating that he or she has been provided with the
information described under this subsection and provide the
recipient with a copy of the written acknowledgment.
Sec. 9407. (1) In addition to any other remedy or penalty
provided under this act, the department may issue and cause to be
served on an individual who violates section 9405(1) any of the
following:
(a) A copy of an order requiring the individual to cease and
desist from engaging in the prohibited activity.
(b) A copy of an order of restitution or refund to an
aggrieved individual.
(2) In addition to any other remedy or penalty provided under
this act, an individual who violates section 9405(2) is subject to
any of the following, as applicable:
(a) A formal legal notice and request to comply with section
9405(2).
(b) For violations that occur after receipt of a notice and
request under subdivision (a), a civil fine of not more than
$500.00 per violation.
Sec. 9409. (1) This part does not apply to or control the
activities of a licensed health care professional and does not
change the scope of practice or the standard of care applicable to
a licensed health care professional who performs complementary or
alternative health care services.
(2) This part does not apply to, control, or prevent the
activities of any health practitioner or individual who is already
exempt from being licensed as a health care professional under
article 15 or under any other state law.
Enacting section 1. This amendatory act takes effect July 1,
2011.