HOUSE BILL No. 5257


     October 17, 2001, Introduced by Reps. Zelenko, Raczkowski, Richardville, Stewart, Julian, Howell, Woronchak, Basham, Scranton, Patterson,
Shulman, George, Ehardt, Jelinek, Voorhees, Shackleton, Vear, Plakas, Kuipers, Pappageorge, Anderson, Hummel, Meyer, Vander Veen, Gilbert, Stamas,
Allen, Kooiman, Middaugh, Faunce, Kowall, Birkholz, Van Woerkom, DeVuyst, Cassis, Pumford, Cameron Brown, Sanborn and Neumann and referred to
the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending sections 5656, 5657, 5658, 5659, and 5660 (MCL

   333.5656, 333.5657, 333.5658, 333.5659, and 333.5660), as added

   by 1996 PA 594.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 5656.  (1)  Within 60 days after the effective date of

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      the amendatory act that added this part  BY JANUARY 1, 2002, the

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      department of community health shall develop and publish a NEW

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      standardized, written summary that contains all of the informa-

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      tion required under section 5655.

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           (2) The department shall develop the NEW standardized, writ-

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      ten summary in consultation with appropriate professional and

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      other organizations.  The department shall draft the summary in




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      nontechnical terms that a patient, patient surrogate, or patient

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      advocate can easily understand.

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           (3) The department shall make the NEW standardized, written

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      summary described in subsection (1) available to physicians

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      through the Michigan board of medicine and the Michigan board of

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      osteopathic medicine and surgery created in article 15.  The

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      Michigan board of medicine and the Michigan board of osteopathic

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      medicine and surgery shall notify in writing each physician

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      subject to this part of the requirements of this part and the

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      availability of the NEW standardized, written summary within 10

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      days after the NEW summary is published.

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           Sec. 5657.  (1) If a physician gives a copy of the NEW stan-

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      dardized, written summary made available under section 5656 to a

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       terminally ill  patient WITH REDUCED LIFE EXPECTANCY DUE TO

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      ADVANCED ILLNESS, to the patient's patient surrogate, or to the

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      patient's patient advocate, the physician is in full compliance

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      with the requirements of section 5655.

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           (2) A physician may make available to a  terminally ill

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      patient WITH REDUCED LIFE EXPECTANCY DUE TO ADVANCED ILLNESS, to

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      the patient's patient surrogate, or to the patient's patient

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      advocate a form indicating that the patient, patient surrogate,

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      or patient advocate has been given a copy of the NEW standard-

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      ized, written summary described in section 5656 and received the

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      oral information required under section 5654.  If a physician

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      makes such a form available to a  terminally ill  patient, to the

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      patient's patient surrogate, or to the patient's patient

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      advocate, the physician shall request that the patient, patient's



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      patient surrogate, or patient advocate sign the form and shall

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      place a copy of the signed form in the patient's medical record.

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           (3) A patient, a patient's patient surrogate, or a patient

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      advocate who signs a form under subsection (2) is barred from

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      subsequently bringing a civil  ,  or administrative action

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      against the physician for providing the information orally and in

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      writing under section 5655 based on failure to obtain informed

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      consent.

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           Sec. 5658.  A physician who, as part of a medical treatment

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      plan for a  terminally ill  patient WITH REDUCED LIFE EXPECTANCY

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      DUE TO ADVANCED ILLNESS, prescribes for  the terminally ill  THAT

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      patient a controlled substance that is included in schedules 2 to

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      5 under part 72 and that is a narcotic drug is immune from admin-

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      istrative and civil liability based on prescribing the controlled

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      substance if the prescription is given in good faith and with the

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      intention to treat a patient with  a terminal illness  REDUCED

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      LIFE EXPECTANCY DUE TO ADVANCED ILLNESS or alleviate the

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      patient's pain, or both, and all of the following are met:

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           (a) The prescription is for a legitimate legal and profes-

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      sionally recognized therapeutic purpose.

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           (b) Prescribing the controlled substance is within the scope

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      of practice of the physician.

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           (c) The physician holds a valid license under article 7 to

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      prescribe controlled substances.

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           Sec. 5659.  A life insurer, a health insurer, or a health

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      care payment or benefits plan shall not do 1 or more of the

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      following because a  terminally ill  patient WITH REDUCED LIFE



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      EXPECTANCY DUE TO ADVANCED ILLNESS, the patient's patient

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      surrogate, or the patient's patient advocate has made a decision

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      to refuse or discontinue a medical treatment as a result of

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      information received as required under this part:

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           (a) Refuse to provide or continue coverage or benefits to

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      the  terminally ill  patient within the scope and level of cover-

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      age or benefits of an existing policy, certificate, or contract.

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           (b) Limit the amount of coverage or benefits available to  a

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      terminally ill  THE patient within the scope and level of cover-

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      age or benefits of an existing policy, certificate, or contract.

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           (c) Charge the  terminally ill  patient a different rate for

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      coverage or benefits under an existing policy, certificate, or

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      contract.

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           (d) Consider the terms of an existing policy, certificate,

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      or contract to have been breached or modified.

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           (e) Invoke a suicide or intentional death exemption or

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      exclusion in a policy, certificate, or contract covering the

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       terminally ill  patient.

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           Sec. 5660.  This part does not do the following:

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           (a) Impair or supersede a legal right a parent, patient,

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      advocate, legal guardian, or other individual may have to consent

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      to or refuse medical treatment on behalf of another.

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           (b) Create a presumption about  a terminally ill patient's

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      desire  THE DESIRE OF A PATIENT WHO HAS REDUCED LIFE EXPECTANCY

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      DUE TO ADVANCED ILLNESS to receive or refuse medical treatment,

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      regardless of the ability of the patient to participate in

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      medical treatment decisions.



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           (c) Limit the ability of a court making a determination

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      about a  terminally ill patient's medical treatment decisions

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      DECISION OF A PATIENT WHO HAS REDUCED LIFE EXPECTANCY DUE TO

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      ADVANCED ILLNESS to take into consideration all of the following

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      state interests:

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           (i) The preservation of life.

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           (ii) The prevention of suicide.

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           (iii) The protection of innocent third parties.

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           (iv) The preservation of the integrity of the medical

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      profession.

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           (d) Condone, authorize, or approve suicide, assisted sui-

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      cide, mercy killing, or euthanasia.

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           Enacting section 1.  Section 5657 of the public health code,

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      1978 PA 368, MCL 333.5657, as amended by this amendatory act,

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      takes effect March 1, 2002.

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           Enacting section 2.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. 5258

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      (request no. 03603'01 *) of the 91st Legislature is enacted into

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      law.



















   05503'01          Final page.                            CPD