HOUSE BILL No. 4979

 

September 17, 2013, Introduced by Reps. Tlaib, Kosowski, Darany, Hobbs and Cavanagh and referred to the Committee on Local Government.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20918 (MCL 333.20918), as amended by 2000 PA

 

375.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20918. (1) Each hospital licensed under part 215 and each

 

freestanding surgical outpatient facility licensed under part 208

 

that operates a service for treating emergency patients 24 hours a

 

day, 7 days a week and meets standards established by medical

 

control authority protocols shall be given the opportunity to

 

participate in the ongoing planning and development activities of

 

the local medical control authority designated by the department

 

and shall adhere to protocols for providing services to a patient

 

before care of the patient is transferred to hospital personnel, to

 

the extent that those protocols apply to a hospital or freestanding

 


surgical outpatient facility. The department shall designate a

 

medical control authority for each Michigan county or part of a

 

county, except that the department may designate a medical control

 

authority to cover 2 or more counties if the department and

 

affected medical control authorities determine that the available

 

resources would be better utilized with a multiple county medical

 

control authority. In designating a medical control authority, the

 

department shall assure that there is a reasonable relationship

 

between the existing emergency medical services capacity in the

 

geographical area to be served by the medical control authority and

 

the estimated demand for emergency medical services in that area.

 

     (2) A medical control authority shall be administered by the

 

participating hospitals. A medical control authority shall accept

 

participation in its administration by a freestanding surgical

 

outpatient facility licensed under part 208 if the freestanding

 

surgical outpatient facility operates a service for treating

 

emergency patients 24 hours a day, 7 days a week determined by the

 

medical control authority to meet the applicable standards

 

established by medical control authority protocols. Subject to

 

subsection (4), the participating hospitals shall appoint an

 

advisory body for the medical control authority that shall include,

 

at a minimum, a representative of each type of life support agency

 

and each type of emergency medical services personnel functioning

 

within the medical control authority's boundaries.

 

     (3) With the advice of the advisory body of the medical

 

control authority appointed under subsection (2), a medical control

 

authority shall appoint a medical director of the medical control

 


authority. The medical director shall be a physician who is board

 

certified in emergency medicine by a national organization approved

 

by the department, or who practices emergency medicine and is

 

certified in both advanced cardiac life support and advanced trauma

 

life support by a national organization approved by the department,

 

and who meets other standards set forth in department rules. A

 

medical control authority's medical director shall not also be a

 

director of, be affiliated with, or perform duties assigned to an

 

emergency medical services agency that the medical control

 

authority supervises. The director of a medical control authority

 

shall not be affiliated with or receive a benefit from an entity

 

that contracts to provide services that are supervised by that

 

medical control authority. The medical director is responsible for

 

medical control for the emergency medical services system served by

 

the medical control authority.

 

     (4) No more than 10% of the membership of the advisory body of

 

a medical control authority shall be employees of the medical

 

director or of an entity substantially owned or controlled by the

 

medical director.

 

     (5) A designated medical control authority shall operate in

 

accordance with the terms of its designation.

 

     (6) Each life support agency and individual licensed under

 

this part is accountable to the medical control authority in the

 

provision of emergency medical services, as defined in protocols

 

developed by the medical control authority and approved by the

 

department under this part.