Michigan Senate Bill SB0072

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
• Refer: 6/6/23
• Report Pass: 6/8/23
• Enrolled: 6/27/23
• Chaptered: 7/18/23
• Passed: 7/18/23

Caption

Criminal procedure: sentencing guidelines; sentencing guidelines for the crime of performing certain medical treatments on a minor without consent and another individual present and intentionally omitting certain services in a medical record; enact. Amends sec. 13n, ch. XVII of 1927 PA 175 (MCL 777.13n). TIE BAR WITH: SB 0069'23, SB 0071'23

Impact

The bill's passage means that performing unauthorized medical treatments on minors could result in escalated penalties, which are critical in safeguarding children's health and ensuring medical professionals adhere to strict ethical standards. By tightening regulations around consent and documentation in medical procedures, the legislation aims to deter potential abuses prevalent in medical practice. The enhanced penalties and clearer definitions in the law will, in theory, lead to safer medical environments for minors and more professional accountability in health care practices, especially concerning parental consent for non-emergency medical interventions.

Summary

Senate Bill 72 (SB0072), introduced in the 102nd Legislature of Michigan, aims to amend the existing criminal procedure laws, specifically addressing the parameters around sentencing guidelines for the crime of performing certain medical treatments on minors without proper consent. This legislation revises section 13n of Chapter XVII of the 1927 Public Act 175, focusing on establishing a clear legal framework for cases involving unauthorized medical procedures on minors, thereby enhancing protections in this sensitive area. The bill is part of a larger package of legislative measures, establishing interrelated mandates that affect the administration of justice regarding medical procedures.

Sentiment

Overall, the sentiment around SB0072 is notably supportive within medical and legal professional communities. Advocates argue that this bill represents a necessary step toward reinforcing the ethical and legal foundations of medical practice involving children, enhancing the accountability of practitioners. Nevertheless, some concerns were raised during discussions regarding the implications for healthcare providers, particularly regarding the ease of obtaining parental consent and the potential for unintended consequences if practitioners feel overly restricted.

Contention

Points of contention primarily revolve around the interpretation of consent and the implications of the new sentencing guidelines. Critics of the bill express concern that heavier sentences for medical professionals could create a chilling effect, potentially discouraging them from acting in emergencies or when swift decisions are required. Additionally, discussions highlighted the importance of balancing patient safety with the operational realities of providing medical care, particularly in complex scenarios where consent may be ambiguous.