Michigan Senate Bill SB0071

Michigan 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23
• Report Pass: 4/25/23
• Refer: 4/25/23
• Report Pass: 5/3/23
• Engrossed: 5/4/23
• Refer: 5/4/23
• Report Pass: 6/8/23
• Enrolled: 6/27/23
• Chaptered: 7/18/23
• Passed: 7/18/23

Caption

Health: medical records; provision for the protection, retention, and maintenance of medical records referencing a vaginal or anal penetration treatment for 15 years by a health professional and health facility or agency; implement, and authorize department to provide guidance to licensees on certain medical services. Amends secs. 16213, 20175, 20175a & 20199 of 1978 PA 368 (MCL 333.16213 et seq.) & adds secs. 16213a, 16429, 17029, 17529, 17829, 17909 & 20175b.

Impact

With SB0071, the state is looking to solidify patient safety and care standards by ensuring clear documentation of sensitive medical procedures. The bill mandates that healthcare providers not only maintain comprehensive records but also adhere to specific documentation protocols regarding invasive procedures. This change reflects an effort to enhance accountability within healthcare settings and ensure patients' rights to understand the nature of their medical treatments. As a result, health facilities will have to implement stricter compliance measures and training for their staff regarding record-keeping practices.

Summary

Senate Bill 0071 aims to amend existing regulations concerning the maintenance and retention of medical records by health professionals and facilities, particularly regarding documentation related to vaginal and anal penetration treatments. The bill stipulates that any medical service involving such penetration must be explicitly documented in the patient's medical record. This documentation is required to be conspicuous unless the circumstances allow certain exemptions outlined in the bill. The retention period for these records has been increased, requiring a minimum of 15 years for records concerning these types of medical services, significantly extending the previous requirements.

Sentiment

The sentiment around SB0071 appears to be largely supportive among healthcare advocates and patient rights organizations. Proponents argue that the bill is a necessary step toward safeguarding patient welfare and ensuring transparency in medical practices. Conversely, there may be concerns from some healthcare professionals regarding the potential increased administrative burdens and liability implications stemming from the rigorous documentation requirements. Nevertheless, most feedback suggests a welcome acknowledgment of the need for enhanced record-keeping standards concerning sensitive medical treatments.

Contention

Notable points of contention include the sheer duration of the record retention requirement, which opponents argue may lead to undue administrative pressures and costs for healthcare providers. Concerns have also been raised about the implications this bill could have on patient confidentiality, potentially affecting how health facilities manage these sensitive records. The bill seeks to strike a balance between regulatory oversight and practical implementation within health facilities, raising questions about how these mandates will be enforced and monitored in the long-term.