Act No. 209
Public Acts of 2023
Approved by the Governor
November 21, 2023
Filed with the Secretary of State
November 22, 2023
EFFECTIVE DATE: February 13, 2024
STATE OF MICHIGAN
102ND LEGISLATURE
REGULAR SESSION OF 2023
Introduced by Senators Anthony, Geiss, Polehanki, Cavanagh, Klinefelt, McCann, Chang, Shink,
Bayer, Wojno, Hertel, Brinks and Irwin
ENROLLED SENATE BILL No. 474
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise,
consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of
diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance
of personal, environmental, and other health services and activities; to create or continue, and prescribe the
powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and
agencies affecting the public health; to regulate health maintenance organizations and certain third party
administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes
against certain health facilities or agencies; to promote the efficient and economical delivery of health care
services, to provide for the appropriate utilization of health care facilities and services, and to provide for the
closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and
information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and
prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this
act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts;
to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending
sections 2690, 2803, 2848, 2854, 9141, 10102, 16221, 16226, 16245, 16299, 17015, and 20115 (MCL 333.2690,
333.2803, 333.2848, 333.2854, 333.9141, 333.10102, 333.16221, 333.16226, 333.16245, 333.16299, 333.17015, and
333.20115), section 2690 as amended by 2016 PA 386, section 2803 as amended by 2020 PA 54, sections 2848,
17015, and 20115 as amended and section 2854 as added by 2012 PA 499, section 9141 as added by 2004 PA 501,
section 10102 as amended by 2008 PA 39, section 16221 as amended by 2023 PA 47, section 16226 as amended
by 2023 PA 48, section 16245 as amended by 2014 PA 413, and section 16299 as amended by 2020 PA 375; and to
repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 2690. (1) A person shall not knowingly sell, collect any fee for, transfer, distribute, or give away an embryo,
fetus, or neonate for a use that is in violation of sections 2685 to 2689.
(101) 2
(2) Except as otherwise provided in subsection (3), a physician, or a person associated with the physician, who,
as a result of the physician’s performing an abortion, possesses a dead embryo, fetus, or neonate shall not
knowingly financially benefit from or receive any type of compensation for either of the following:
(a) Allowing a person that was not involved in the performance of the abortion to have access to the embryo,
fetus, or neonate for the purpose of the person taking possession and control of the embryo, fetus, or neonate,
including the organs, tissues, or cells of the embryo, fetus, or neonate.
(b) Transferring possession and control of the embryo, fetus, or neonate, including the organs, tissues, or cells
of the embryo, fetus, or neonate, to a person that was not involved in the performance of the abortion.
(3) Subsection (2) does not apply to any of the following:
(a) A hospital.
(b) A person that is performing an activity as part of that person’s employment with a hospital or a contract
with a hospital.
(c) A person that performs an activity under section 2688.
(4) As used in this section:
(a) “Abortion” means that term as defined in section 2803.
(b) “Hospital” means a hospital licensed under article 17.
(c) “Person associated with the physician” means any of the following:
(i) An employee of the physician or other individual who assists the physician in performing an abortion.
(ii) A private physician practice, professional corporation, or freestanding surgical outpatient facility licensed
under article 17, that is owned or operated by the physician and in which an abortion is performed.
(iii) A private physician practice, professional corporation, or freestanding surgical outpatient facility licensed
under article 17, that employs or contracts with the physician to perform an abortion.
Sec. 2803. (1) “Abortion” means a medical treatment that is intended to terminate a diagnosable intrauterine
pregnancy for a purpose other than to produce a live birth. Abortion does not include the use or prescription of a
drug or device that prevents pregnancy or a medical treatment used to remove a dead fetus or embryo whose
death was the result of a spontaneous abortion.
(2) “Allowable individual” means an individual who is the subject of a birth record that is only available
through the office of the state registrar and who meets any of the following:
(a) The individual was born in the jurisdiction of the office of the local registrar where the certified copy of the
birth record is being sought.
(b) If the individual was adopted, the individual’s adoption was ordered by a probate court that is located in
the jurisdiction of the office of the local registrar where the certified copy of the birth record is being sought.
(3) “Dead body” means a human body or fetus, or a part of a dead human body or fetus, in a condition from
which it may reasonably be concluded that death has occurred.
(4) “Fetal death” means the death of a fetus that has completed at least 20 weeks of gestation or weighs at
least 400 grams. Fetal death includes a stillbirth. The definition of fetal death must conform in all other respects
as closely as possible to the definition recommended by the federal agency responsible for vital statistics.
(5) “Fetal remains” means a dead fetus or part of a dead fetus that has completed at least 10 weeks of gestation
or has reached the stage of development that, upon visual inspection of the fetus or part of the fetus, the head,
torso, or extremities appear to be supported by skeletal or cartilaginous structures. Fetal remains do not include
the umbilical cord or placenta.
(6) “File” means to present a certificate, report, or other record to the local registrar for registration by the
state registrar.
(7) “Final disposition” means the burial, cremation, interment, or other legal disposition of a dead body or fetal
remains.
Sec. 2848. (1) Except as otherwise provided in sections 2844 and 2845, a funeral director or person acting as a
funeral director, who first assumes custody of a dead body, not later than 72 hours after death or the finding of a
dead body and before final disposition of the body, shall obtain authorization for the final disposition. The
authorization for final disposition of a dead body must be issued on a form prescribed by the state registrar and
signed by the local registrar or the state registrar. 3
(2) Unless the mother has provided written consent for research on the dead fetus under section 2688, before
final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person assuming
responsibility for the final disposition of the fetus or fetal remains shall obtain from the parents, or parent if the
mother is unmarried, an authorization for final disposition on a form prescribed and furnished or approved by the
state registrar. The authorization may allow final disposition to be by a funeral director, the individual in charge
of the institution where the fetus was delivered or miscarried, or an institution or agency authorized to accept
donated bodies, fetuses, or fetal remains under this act. The parents, or parent if the mother is unmarried, may
direct the final disposition to be interment or cremation as those terms are defined in section 2 of the cemetery
regulation act, 1968 PA 251, MCL 456.522, or incineration. After final disposition, the funeral director, the
individual in charge of the institution, or other person making the final disposition shall retain the permit for not
less than 7 years. This section as amended by 2012 PA 499 does not require a religious service or ceremony as
part of the final disposition of fetal remains.
(3) If final disposition is by cremation, the medical examiner of the county in which death occurred shall sign
the authorization for final disposition.
(4) A body may be moved from the place of death to be prepared for final disposition with the consent of the
physician or county medical examiner who certifies the cause of death.
(5) A permit for disposition issued under the law of another state that accompanies a dead body or dead fetus
brought into this state is authorization for final disposition of the dead body or dead fetus in this state.
Sec. 2854. A person who violates this part by failing to obtain the proper authorization for final disposition of
a dead body as provided under section 2848 is responsible for a state civil infraction as provided under chapter 88
of the revised judicature act of 1961, 1961 PA 236, MCL 600.8801 to 600.8835, and may be ordered to pay a civil
fine of not more than $1,000.00 per violation.
Sec. 9141. (1) The department shall establish and administer a grant program to provide grants for the
purchase of ultrasound equipment. The department shall use the grant program to make grants to qualified
entities that apply for a grant and that do not have at least 2 ultrasound machines.
(2) The ultrasound equipment fund is created within the state treasury. The state treasurer may receive money
or other assets from any source for deposit into the fund including, but not limited to, state revenues, federal
money, gifts, bequests, donations, and money from any other source provided by law. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund
investments. Money in the fund at the close of the fiscal year remains in the fund and does not lapse to the general
fund.
(3) The department shall use the fund to make grants as provided under subsection (1) for the purchase of
ultrasound equipment and to cover the administrative costs of the department and the department of treasury in
implementing and administering this grant program. An application for a grant under the grant program must
be made on a form or format prescribed by the department. The department may require the applicant to provide
information reasonably necessary to allow the department to make a determination required under this section.
In making its determination, the department shall give priority to those applicants that do not have an ultrasound
machine or that have only 1 ultrasound machine that is outdated based on industry standards. The director of
the department shall have final approval of grants made under this section and the director shall only approve
grants if the money is available in the fund.
(4) A cash match of at least 50% of the grant or other repayment guarantee with a dedicated funding source is
required before a grant can be awarded.
(5) The department shall not make a grant to a qualified entity for the purchase of ultrasound equipment
unless the following conditions are met:
(a) The entity provides family planning or reproductive health services to low-income women at no cost or at
a reduced cost.
(b) The entity agrees to comply with each of the following:
(i) Shall have at least 1 ultrasound monitor that is fully accessible to the pregnant individual to view during
the performance of the individual’s ultrasound.
(ii) Inform each pregnant individual upon whom the ultrasound equipment is used that the individual has the
right to view the ultrasound image.
(iii) If the ultrasound equipment is capable, inform each pregnant individual upon whom the ultrasound
equipment is used that the individual has the right to record the ultrasound image for the individual’s own records
if the individual provides the entity with the videocassette, film, or other medium now known or later developed
on which images can be recorded or otherwise stored. 4
(iv) Certify in writing that the individual was offered an opportunity to view the ultrasound image, obtain the
individual’s acceptance or rejection to view the image in writing, and maintain a copy of each in the individual’s
medical file.
(v) Shall have a trained medical professional or a qualified medical director on staff to perform the ultrasound.
(6) The department shall annually prepare a report summarizing the grants made under this section,
contractual commitments made and achieved, and a preliminary evaluation of the effectiveness of this section
and shall provide a copy of this report to the chairs of the house of representatives and senate appropriations
subcommittees for the department.
(7) The department may promulgate rules under the administrative procedures act of 1969 to implement this
grant program.
(8) As used in this section:
(a) “Entity” means a local agency, organization, or corporation or a subdivision, contractee, subcontractee, or
grant recipient of a local agency, organization, or corporation.
(b) “Fund” means the ultrasound equipment fund created under subsection (2).
(c) “Qualified entity” means an entity reviewed and determined by the department to satisfy all of the
conditions required under subsection (5) and to be technically and logistically capable of providing the quality and
quantity of services required within a cost range considered appropriate by the department.
Sec. 10102. As used in this part:
(a) “Adult” means an individual who is at least 18 years of age.
(b) “Agent” means an individual who meets 1 or more of the following requirements:
(i) Is authorized to make health care decisions on the principal’s behalf by a power of attorney for health care.
(ii) Is expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by
the principal.
(c) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for
the purpose of transplantation, therapy, research, or education.
(d) “Body part” means an organ, eye, or tissue of a human being. The term does not include the whole body.
(e) “Decedent” means a deceased individual whose body or body part is or may be the source of an anatomical
gift. The term includes a stillborn infant and, subject to this subdivision and restrictions imposed by law other
than this part, a fetus. The term does not include a blastocyst, embryo, or fetus that is the subject of an abortion.
As used in this subdivision, “abortion” means that term as defined in section 2803.
(f) “Disinterested witness” means a witness who is not a spouse, child, parent, sibling, grandchild,
grandparent, or guardian of or other adult who exhibited special care and concern for the individual who makes,
amends, revokes, or refuses to make an anatomical gift. The term does not include a person to which an anatomical
gift could pass under section 10111.
(g) “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes
a statement or symbol on a driver license, identification card, or donor registry.
(h) “Donor” means an individual whose body or body part is the subject of an anatomical gift.
(i) “Donor registry” means a database that contains records of anatomical gifts and amendments to or
revocations of anatomical gifts as provided for in section 10120.
(j) “Driver license” means an operator’s or chauffeur’s license or permit issued to an individual by the secretary
of state under chapter III of the Michigan vehicle code, 1949 PA 300, MCL 257.301 to 257.329, for that individual
to operate a vehicle, whether or not conditions are attached to the license or permit.
(k) “Eye” means a human eye or any portion of a human eye.
(l) “Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in
the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
(m) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education,
health, or welfare of an individual. The term does not include a guardian ad litem.
(n) “Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a
hospital by the United States, a state, or a subdivision of a state.
(o) “Identification card” means an official state personal identification card issued by the secretary of state
under 1972 PA 222, MCL 28.291 to 28.300. 5
(p) “Know” means to have actual knowledge.
(q) “Minor” means an individual who is under 18 years of age.
(r) “Organ” means a human kidney, liver, heart, lung, pancreas, or intestine or multivisceral organs when
transplanted at the same time as an intestine.
(s) “Organ procurement organization” means a person certified or recertified by the Secretary of the
United States Department of Health and Human Services as a qualified organ procurement organization under
42 USC 273(b).
(t) “Parent” means a parent whose parental rights have not been terminated.
(u) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government or governmental subdivision, agency, or
instrumentality or any other legal or commercial entity.
(v) “Physician” means an individual authorized to practice medicine or osteopathic medicine and surgery under
the law of any state.
(w) “Procurement organization” means an eye bank, organ procurement organization, or tissue bank.
(x) “Prospective donor” means an individual who is dead or near death and has been determined by a
procurement organization to have a body part that could be medically suitable for transplantation, therapy,
research, or education. The term does not include an individual who has made a refusal.
(y) “Reasonably available” means able to be contacted by a procurement organization without undue effort and
willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of
an anatomical gift.
(z) “Recipient” means an individual into whose body a decedent’s body part has been or is intended to be
transplanted.
(aa) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
(bb) “Refusal” means a record created under section 10107 that expressly refuses to make an anatomical gift
of an individual’s body or body part.
(cc) “Sign” means that, with the present intent to authenticate or adopt a record, an individual does either of
the following:
(i) Executes or adopts a tangible symbol.
(ii) Attaches to or logically associates with the record an electronic symbol, sound, or process.
(dd) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(ee) “Technician” means an individual determined to be qualified to remove or process body parts by an
appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes
an enucleator.
(ff) “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood
unless the blood is donated for the purpose of research or education.
(gg) “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage
in the recovery, screening, testing, processing, storage, or distribution of tissue.
(hh) “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical
specialty services required for the care of transplant patients.
Sec. 16221. Subject to section 16221b, the department shall investigate any allegation that 1 or more of the
grounds for disciplinary subcommittee action under this section exist, and may investigate activities related to
the practice of a health profession by a licensee, a registrant, or an applicant for licensure or registration. The
department may hold hearings, administer oaths, and order the taking of relevant testimony. After its
investigation, the department shall provide a copy of the administrative complaint to the appropriate disciplinary
subcommittee. The disciplinary subcommittee shall proceed under section 16226 if it finds that 1 or more of the
following grounds exist:
(a) Except as otherwise specifically provided in this section, a violation of general duty, consisting of negligence
or failure to exercise due care, including negligent delegation to or supervision of employees or other individuals,
whether or not injury results, or any conduct, practice, or condition that impairs, or may impair, the ability to
safely and skillfully engage in the practice of the health profession. 6
(b) Personal disqualifications, consisting of 1 or more of the following:
(i) Incompetence.
(ii) Subject to sections 16165 to 16170a, substance use disorder as that term is defined in section 100d of the
mental health code, 1974 PA 258, MCL 330.1100d.
(iii) Mental or physical inability reasonably related to and adversely affecting the licensee’s or registrant’s
ability to practice in a safe and competent manner.
(iv) Declaration of mental incompetence by a court of competent jurisdiction.
(v) Conviction of a misdemeanor punishable by imprisonment for a maximum term of 2 years; conviction of a
misdemeanor involving the illegal delivery, possession, or use of a controlled substance; or conviction of any felony
other than a felony listed or described in another subparagraph of this subdivision. A certified copy of the court
record is conclusive evidence of the conviction.
(vi) Lack of good moral character.
(vii) Conviction of a criminal offense under section 520e or 520g of the Michigan penal code, 1931 PA 328,
MCL 750.520e and 750.520g. A certified copy of the court record is conclusive evidence of the conviction.
(viii) Conviction of a violation of section 492a of the Michigan penal code, 1931 PA 328, MCL 750.492a. A
certified copy of the court record is conclusive evidence of the conviction.
(ix) Conviction of a misdemeanor or felony involving fraud in obtaining or attempting to obtain fees related to
the practice of a health profession. A certified copy of the court record is conclusive evidence of the conviction.
(x) Final adverse administrative action by a licensure, registration, disciplinary, or certification board
involving the holder of, or an applicant for, a license or registration regulated by another state or a territory of
the United States, by the United States military, by the federal government, or by another country. A certified
copy of the record of the board is conclusive evidence of the final action.
(xi) Conviction of a misdemeanor that is reasonably related to or that adversely affects the licensee’s or
registrant’s ability to practice in a safe and competent manner. A certified copy of the court record is conclusive
evidence of the conviction.
(xii) Conviction of a violation of section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430. A certified
copy of the court record is conclusive evidence of the conviction.
(xiii) Conviction of a criminal offense under section 83, 84, 316, 317, 321, 520b, 520c, 520d, or 520f of the
Michigan penal code, 1931 PA 328, MCL 750.83, 750.84, 750.316, 750.317, 750.321, 750.520b, 750.520c, 750.520d,
and 750.520f. A certified copy of the court record is conclusive evidence of the conviction.
(xiv) Conviction of a violation of section 136 or 136a of the Michigan penal code, 1931 PA 328, MCL 750.136
and 750.136a. A certified copy of the court record is conclusive evidence of the conviction.
(xv) Conviction of a violation of section 90 of the Michigan penal code, 1931 PA 328, MCL 750.90, or a violation
of a state or federal crime that is substantially similar to the violation described in this subparagraph. A certified
copy of the court record is conclusive evidence of the conviction.
(c) Prohibited acts, consisting of 1 or more of the following:
(i) Fraud or deceit in obtaining or renewing a license or registration.
(ii) Permitting a license or registration to be used by an unauthorized person.
(iii) Practice outside the scope of a license.
(iv) Obtaining, possessing, or attempting to obtain or possess a controlled substance or a drug as that term is
defined in section 7105 without lawful authority; or selling, prescribing, giving away, or administering drugs for
other than lawful diagnostic or therapeutic purposes.
(d) Except as otherwise specifically provided in this section, unethical business practices, consisting of 1 or
more of the following:
(i) False or misleading advertising.
(ii) Dividing fees for referral of patients or accepting kickbacks on medical or surgical services, appliances, or
medications purchased by or in behalf of patients.
(iii) Fraud or deceit in obtaining or attempting to obtain third party reimbursement.
(e) Except as otherwise specifically provided in this section, unprofessional conduct, consisting of 1 or more of
the following:
(i) Misrepresentation to a consumer or patient or in obtaining or attempting to obtain third party
reimbursement in the course of professional practice.
(ii) Betrayal of a professional confidence.
(iii) Promotion for personal gain of an unnecessary drug, device, treatment, procedure, or service. 7
(iv) Either of the following:
(A) A requirement by a licensee other than a physician or a registrant that an individual purchase or secure a
drug, device, treatment, procedure, or service from another person, place, facility, or business in which the licensee
or registrant has a financial interest.
(B) A referral by a physician for a designated health service that violates 42 USC 1395nn or a regulation
promulgated under that section. For purposes of this subdivision, 42 USC 1395nn and the regulations
promulgated under that section as they exist on June 3, 2002 are incorporated by reference. A disciplinary
subcommittee shall apply 42 USC 1395nn and the regulations promulgated under that section regardless of the
source of payment for the designated health service referred and rendered. If 42 USC 1395nn or a regulation
promulgated under that section is revised after June 3, 2002, the department shall officially take notice of the
revision. Within 30 days after taking notice of the revision, the department shall decide whether or not the
revision pertains to referral by physicians for designated health services and continues to protect the public from
inappropriate referrals by physicians. If the department decides that the revision does both of those things, the
department may promulgate rules to incorporate the revision by reference. If the department does promulgate
rules to incorporate the revision by reference, the department shall not make any changes to the revision. As used
in this sub-subparagraph, “designated health service” means that term as defined in 42 USC 1395nn and the
regulations promulgated under that section and “physician” means that term as defined in sections 17001 and
17501.
(v) For a physician who makes referrals under 42 USC 1395nn or a regulation promulgated under that section,
refusing to accept a reasonable proportion of patients eligible for Medicaid and refusing to accept payment from
Medicaid or Medicare as payment in full for a treatment, procedure, or service for which the physician refers the
individual and in which the physician has a financial interest. A physician who owns all or part of a facility in
which the physician provides surgical services is not subject to this subparagraph if a referred surgical procedure
the physician performs in the facility is not reimbursed at a minimum of the appropriate Medicaid or Medicare
outpatient fee schedule, including the combined technical and professional components.
(vi) Any conduct by a licensee or registrant with a patient while the licensee or registrant is acting within the
health profession for which the licensee or registrant is licensed or registered, including conduct initiated by a
patient or to which the patient consents, that is sexual or may reasonably be interpreted as sexual, including, but
not limited to, sexual intercourse, kissing in a sexual manner, or touching of a body part for any purpose other
than appropriate examination, treatment, or comfort.
(vii) Offering to provide practice-related services, such as drugs, in exchange for sexual favors.
(viii) A violation of section 16655(4) by a dental therapist.
(f) Failure to notify under section 16222(3) or (4).
(g) Failure to report a change of name or mailing address as required in section 16192.
(h) A violation, or aiding or abetting in a violation, of this article or of a rule promulgated under this article.
(i) Failure to comply with a subpoena issued pursuant to this part, failure to respond to a complaint issued
under this article, article 7, or article 8, failure to appear at a compliance conference or an administrative hearing,
or failure to report under section 16222(1) or 16223.
(j) Failure to pay an installment of an assessment levied under the insurance code of 1956, 1956 PA 218,
MCL 500.100 to 500.8302, within 60 days after notice by the appropriate board.
(k) A violation of section 17013 or 17513.
(l) Failure to meet 1 or more of the requirements for licensure or registration under section 16174.
(m) A violation of section 17015, 17015a, or 17515.
(n) Failure to comply with section 9206(3).
(o) A violation of section 5654 or 5655.
(p) A violation of section 16274.
(q) A violation of section 17020 or 17520.
(r) A violation of the medical records access act, 2004 PA 47, MCL 333.26261 to 333.26271.
(s) A violation of section 17764(2).
(t) Failure to comply with the terms of a practice agreement described in section 17047(2)(a) or (b), 17547(2)(a)
or (b), or 18047(2)(a) or (b).
(u) A violation of section 7303a(2).
(v) A violation of section 7303a(4) or (5).
(w) A violation of section 7303b.
(x) A violation of section 17754a.
(y) Beginning January 1, 2021, a violation of section 24507 or 24509. 8
Sec. 16226. (1) After finding the existence of 1 or more of the grounds for disciplinary subcommittee action
listed in section 16221, a disciplinary subcommittee shall impose 1 or more of the following sanctions for each
violation:
Violations of Section 16221 Sanctions
Subdivision (a), (b)(i), (b)(ii), (b)(iii), (b)(iv), (b)(v),
(b)(vi), (b)(vii), (b)(ix), (b)(x), (b)(xi), or (b)(xii)
Probation, limitation, denial, suspension, revocation,
permanent revocation, restitution, or fine.
Subdivision (b)(viii) Revocation, permanent revocation, or denial.
Subdivision (b)(xiii) Permanent revocation for a violation described in
subsection (5); otherwise, probation, limitation, denial,
suspension, revocation, restitution, or fine.
Subdivision (b)(xiv) or (b)(xv) Permanent revocation.
Subdivision (c)(i) Denial, revocation, suspension, probation, limitation,
or fine.
Subdivision (c)(ii) Denial, suspension, revocation, restitution, or fine.
Subdivision (c)(iii) Probation, denial, suspension, revocation, restitution,
or fine.
Subdivision (c)(iv) or (d)(iii) Fine, probation, denial, suspension, revocation,
permanent revocation, or restitution.
Subdivision (d)(i) or (d)(ii) Reprimand, fine, probation, denial, or restitution.
Subdivision (e)(i), (e)(iii), (e)(iv), (e)(v), (h), or (r) Reprimand, fine, probation, limitation, suspension,
revocation, permanent revocation, denial, or restitution.
Subdivision (e)(ii) or (i) Reprimand, probation, suspension, revocation,
permanent revocation, restitution, denial, or fine.
Subdivision (e)(vi), (e)(vii), or (e)(viii) Probation, suspension, revocation, limitation, denial,
restitution, or fine.
Subdivision (f) Reprimand, denial, limitation, probation, or fine.
Subdivision (g) Reprimand or fine.
Subdivision (j) Suspension or fine.
Subdivision (k), (o), or (q) Reprimand, probation, suspension, revocation,
permanent revocation, or fine.
Subdivision (l) Reprimand, denial, or limitation.
Subdivision (m) or (n) Denial, revocation, restitution, probation, suspension,
limitation, reprimand, or fine.
Subdivision (p) Revocation.
Subdivision (s) Revocation, permanent revocation, fine, or restitution.
Subdivision (t) Denial, revocation, probation, suspension, limitation,
reprimand, or fine.
Subdivision (u) or (w) Probation, limitation, denial, fine, suspension,
revocation, or permanent revocation.
Subdivision (v) Denial, fine, reprimand, probation, limitation,
suspension, revocation, or permanent revocation.
Subdivision (x) Subject to subsection (7), fine.
Subdivision (y) Fine.
(2) Determination of sanctions for violations under this section must be made by a disciplinary subcommittee.
If, during judicial review, the court of appeals determines that a final decision or order of a disciplinary
subcommittee prejudices substantial rights of the petitioner for 1 or more of the grounds listed in section 106 of
the administrative procedures act of 1969, MCL 24.306, and holds that the final decision or order is unlawful and
is to be set aside, the court shall state on the record the reasons for the holding and may remand the case to the
disciplinary subcommittee for further consideration.
(3) A disciplinary subcommittee may impose a fine in an amount that does not exceed $250,000.00 for a
violation of section 16221(a) or (b). A disciplinary subcommittee shall impose a fine of at least $25,000.00 if the
violation of section 16221(a) or (b) results in the death of 1 or more patients. 9
(4) A disciplinary subcommittee may require a licensee or registrant or an applicant for licensure or
registration who has violated this article, article 7, or article 8 or a rule promulgated under this article, article 7,
or article 8 to satisfactorily complete an educational program, a training program, or a treatment program, a
mental, physical, or professional competence examination, or a combination of those programs and examinations.
(5) A disciplinary subcommittee shall impose the sanction of permanent revocation for a violation of
section 16221(b)(xiii) if the violation occurred while the licensee or registrant was acting within the health
profession for which the licensee or registrant was licensed or registered.
(6) Except as otherwise provided in subsection (5) and this subsection, a disciplinary subcommittee shall not
impose the sanction of permanent revocation under this section without a finding that the licensee or registrant
engaged in a pattern of intentional acts of fraud or deceit resulting in personal financial gain to the licensee or
registrant and harm to the health of patients under the licensee’s or registrant’s care. This subsection does not
apply if a disciplinary subcommittee finds that a licensee or registrant has violated section 16221(b)(xiv) or (b)(xv).
(7) A disciplinary subcommittee shall impose a fine of not more than $250.00 for each violation of
section 16221(x).
Sec. 16245. (1) Except as otherwise provided in this section or section 16245a, an individual whose license is
limited, suspended, or revoked under this part may apply to the individual’s board or task force for a
reinstatement of a revoked or suspended license or reclassification of a limited license pursuant to section 16247
or 16249.
(2) Except as otherwise provided in this section or section 16245a, an individual whose registration is
suspended or revoked under this part may apply to the individual’s board for a reinstatement of a suspended or
revoked registration pursuant to section 16248.
(3) A board or task force shall reinstate a license or registration suspended for grounds stated in
section 16221(j) on payment of the installment.
(4) Except as otherwise provided in this section or section 16245a, in case of a revoked license or registration,
an applicant shall not apply for reinstatement before the expiration of 3 years after the effective date of the
revocation. Except as otherwise provided in this section or section 16245a, in the case of a license or registration
that was revoked for a violation of section 16221(b)(vii) or (xiii), a violation of section 16221(c)(iv) consisting of a
felony conviction, any other felony conviction involving a controlled substance, or a violation of section 16221(p),
an applicant shall not apply for reinstatement before the expiration of 5 years after the effective date of the
revocation. The department shall return an application for reinstatement received before the expiration of the
applicable time period under this subsection.
(5) The department shall provide an opportunity for a hearing before final rejection of an application for
reinstatement unless the application is returned because the applicant is ineligible for reinstatement under
subsection (4) or (9).
(6) Based on the recommendation of the disciplinary subcommittee for each health profession, the department
shall adopt guidelines to establish specific criteria to be met by an applicant for reinstatement under this article,
article 7, or article 8. The criteria may include corrective measures or remedial education as a condition of
reinstatement. If a board or task force, in reinstating a license or registration, deviates from the guidelines
adopted under this subsection, the board or task force shall state the reason for the deviation on the record.
(7) An individual who seeks reinstatement or reclassification of a license or registration under this section
shall pay the application processing fee as a reinstatement or reclassification fee. If approved for reinstatement
or reclassification, the individual shall pay the per year license or registration fee for the applicable license or
registration period.
(8) An individual who seeks reinstatement of a revoked or suspended license or reclassification of a limited
license under this section shall have a criminal history check conducted in accordance with section 16174 and
submit a copy of the results of the criminal history check to the board with the individual’s application for
reinstatement or reclassification.
(9) An individual whose license is permanently revoked under section 16221 is ineligible for reinstatement.
The department shall return an application for reinstatement received if the applicant is ineligible for
reinstatement under this subsection.
Sec. 16299. (1) Except as otherwise provided in subsection (2), a person who violates or aids or abets another
in a violation of this article, other than those matters described in sections 16294 and 16296, is guilty of a
misdemeanor punishable as follows:
(a) For the first offense, by imprisonment for not more than 90 days or a fine of not more than $100.00, or both. 10
(b) For the second or subsequent offense, by imprisonment for not more than 6 months or a fine of not less
than $200.00 nor more than $500.00, or both.
(2) Subsection (1) does not apply to a violation of section 17015, 17015a, or 17515 or to a violation of this article
for which another criminal penalty is specifically prescribed.
Sec. 17015. (1) Subject to subsection (10), a physician shall not perform an abortion otherwise permitted by
law without the patient’s informed written consent, given freely and without coercion to abort.
(2) For purposes of this section and section 17015a:
(a) “Abortion” means the intentional use of an instrument, drug, or other substance or device to terminate a
woman’s pregnancy for a purpose other than to increase the probability of a live birth, to preserve the life or
health of the child after live birth, or to remove a fetus that has died as a result of natural causes, accidental
trauma, or a criminal assault on the pregnant woman. Abortion does not include the use or prescription of a drug
or device intended as a contraceptive.
(b) “Coercion to abort” means an act committed with the intent to coerce an individual to have an abortion,
which act is prohibited by section 213a of the Michigan penal code, 1931 PA 328, MCL 750.213a.
(c) “Domestic violence” means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(d) “Fetus” means an individual organism of the species Homo sapiens in utero.
(e) “Local health department representative” means an individual who meets 1 or more of the licensing
requirements listed in subdivision (h) and who is employed by, or under contract to provide services on behalf of,
a local health department.
(f) “Medical emergency” means a condition which, on the basis of the physician’s good-faith clinical judgment,
so complicates the medical condition of a pregnant individual as to necessitate the immediate abortion of the
individual’s pregnancy to avert the individual’s death or for which a delay will create serious risk of substantial
and irreversible impairment of a major bodily function.
(g) “Medical service” means the provision of a treatment, procedure, medication, examination, diagnostic test,
assessment, or counseling, including, but not limited to, a pregnancy test, ultrasound, pelvic examination, or an
abortion.
(h) “Qualified person assisting the physician” means another physician or a physician’s assistant licensed
under this part or part 175, a fully licensed or limited licensed psychologist licensed under part 182, a professional
counselor licensed under part 181, a registered professional nurse or a licensed practical nurse licensed under
part 172, or a social worker licensed under part 185.
(i) “Probable gestational age of the fetus” means the gestational age of the fetus at the time an abortion is
planned to be performed.
(j) “Provide the patient with a physical copy” means confirming that the patient accessed the internet website
described in subsection (5) and received a printed valid confirmation form from the website and including that
form in the patient’s medical record or giving a patient a copy of a required document by 1 or more of the following
means:
(i) In person.
(ii) By registered mail, return receipt requested.
(iii) By parcel delivery service that requires the recipient to provide a signature in order to receive delivery of
a parcel.
(iv) By facsimile transmission.
(3) Subject to subsection (10), a physician or a qualified person assisting the physician shall do all of the
following not less than 24 hours before that physician performs an abortion upon a patient who is pregnant:
(a) Confirm that, according to the best medical judgment of a physician, the patient is pregnant, and determine
the probable gestational age of the fetus.
(b) Orally describe, in language designed to be understood by the patient, taking into account the patient’s
age, level of maturity, and intellectual capability, each of the following:
(i) The probable gestational age of the fetus the patient is carrying.
(ii) Information about what to do and whom to contact should medical complications arise from the abortion.
(iii) Information about how to obtain pregnancy prevention information through the department of health and
human services.
(c) Provide the patient with a physical copy of the written standardized summary described in
subsection (11)(b) that corresponds to the procedure the patient will undergo and is provided by the department
of health and human services. If the procedure has not been recognized by the department of health and human 11
services, but is otherwise allowed under Michigan law, and the department of health and human services has not
provided a written standardized summary for that procedure, the physician shall develop and provide a written
summary that describes the procedure, any known risks or complications of the procedure, and risks associated
with live birth and meets the requirements of subsection (11)(b)(iii) through (vii).
(d) Provide the patient with a physical copy of a medically accurate depiction, illustration, or photograph and
description of a fetus supplied by the department of health and human services pursuant to subsection (11)(a) at
the gestational age nearest the probable gestational age of the patient’s fetus.
(e) Provide the patient with a physical copy of the prenatal care and parenting information pamphlet
distributed by the department of health and human services under section 9161.
(f) Provide the patient with a physical copy of the prescreening summary on prevention of coercion to abort
described in subsection (11)(i).
(4) The requirements of subsection (3) may be fulfilled by the physician or a qualified person assisting the
physician at a location other than the health facility where the abortion is to be performed. The requirement of
subsection (3)(a) that a patient’s pregnancy be confirmed may be fulfilled by a local health department under
subsection (18). The requirements of subsection (3) cannot be fulfilled by the patient accessing an internet website
other than the internet website that is maintained and operated by the department of health and human services
under subsection (11)(g).
(5) The requirements of subsection (3)(c) through (f) may be fulfilled by a patient accessing the internet website
that is maintained and operated by the department of health and human services under subsection (11)(g) and
receiving a printed, valid confirmation form from the website that the patient has reviewed the information
required in subsection (3)(c) through (f) at least 24 hours before an abortion being performed on the patient. The
website must not require any information be supplied by the patient. The department of health and human
services shall not track, compile, or otherwise keep a record of information that would identify a patient who
accesses this website. The patient shall supply the valid confirmation form to the physician or qualified person
assisting the physician to be included in the patient’s medical record to comply with this subsection.
(6) Subject to subsection (10), before obtaining the patient’s signature on the acknowledgment and consent
form, a physician personally and in the presence of the patient shall do all of the following:
(a) Provide the patient with the physician’s name, confirm with the patient that the coercion to abort screening
required under section 17015a was performed, and inform the patient of the right to withhold or withdraw consent
to the abortion at any time before performance of the abortion.
(b) Orally describe, in language designed to be understood by the patient, taking into account the patient’s
age, level of maturity, and intellectual capability, each of the following:
(i) The specific risk, if any, to the patient of the complications that have been associated with the procedure
the patient will undergo, based on the patient’s particular medical condition and history as determined by the
physician.
(ii) The specific risk of complications, if any, to the patient if the patient chooses to continue the pregnancy
based on the patient’s particular medical condition and history as determined by a physician.
(7) To protect a patient’s privacy, the information set forth in subsection (3) and subsection (6) must not be
disclosed to the patient in the presence of another patient.
(8) If at any time before the performance of an abortion, a patient undergoes an ultrasound examination, or a
physician determines that ultrasound imaging will be used during the course of a patient’s abortion, the physician
or qualified person assisting the physician shall provide the patient with the opportunity to view or decline to
view an active ultrasound image of the fetus, and offer to provide the patient with a physical picture of the
ultrasound image of the fetus before the performance of the abortion. After the expiration of the 24-hour period
prescribed under subsection (3) but before performing an abortion on a patient who is pregnant, a physician or a
qualified person assisting the physician shall do all of the following:
(a) Obtain the patient’s signature on the acknowledgment and consent form described in subsection (11)(c)
confirming that the patient has received the information required under subsection (3).
(b) Provide the patient with a physical copy of the signed acknowledgment and consent form described in
subsection (11)(c).
(c) Retain a copy of the signed acknowledgment and consent form described in subsection (11)(c) and, if
applicable, a copy of the pregnancy certification form completed under subsection (18)(b), in the patient’s medical
record.
(9) This subsection does not prohibit notifying the patient that payment for medical services will be required
or that collection of payment in full for all medical services provided or planned may be demanded after the
24-hour period described in this subsection has expired. A physician or an agent of the physician shall not collect
payment, in whole or in part, for a medical service provided to or planned for a patient before the expiration of 12
24 hours from the time the patient has done either or both of the following, except in the case of a physician or an
agent of a physician receiving capitated payments or under a salary arrangement for providing those medical
services:
(a) Inquired about obtaining an abortion after the patient’s pregnancy is confirmed and the patient has
received from that physician or a qualified person assisting the physician the information required under
subsection (3)(c) and (d).
(b) Scheduled an abortion to be performed by that physician.
(10) If the attending physician, utilizing the physician’s experience, judgment, and professional competence,
determines that a medical emergency exists and necessitates performance of an abortion before the requirements
of subsections (1), (3), and (6) can be met, the physician is exempt from the requirements of subsections (1), (3),
and (6), may perform the abortion, and shall maintain a written record identifying with specificity the medical
factors upon which the determination of the medical emergency is based.
(11) The department of health and human services shall do each of the following:
(a) Produce medically accurate depictions, illustrations, or photographs of the development of a human fetus
that indicate by scale the actual size of the fetus at 2-week intervals from the fourth week through the
twenty-eighth week of gestation. Each depiction, illustration, or photograph must be accompanied by a printed
description, in nontechnical English, Arabic, and Spanish, of the probable anatomical and physiological
characteristics of the fetus at that particular state of gestational development.
(b) Subject to subdivision (e), develop, draft, and print, in nontechnical English, Arabic, and Spanish, written
standardized summaries, based upon the various medical procedures used to abort pregnancies, that do each of
the following:
(i) Describe, individually and on separate documents, those medical procedures used to perform abortions in
this state that are recognized by the department of health and human services.
(ii) Identify the physical complications that have been associated with each procedure described in
subparagraph (i) and with live birth, as determined by the department. In identifying these complications, the
department shall consider studies concerning complications that have been published in a peer review medical
journal, with particular attention paid to the design of the study, and shall consult with the Centers for Disease
Control and Prevention, the American Congress of Obstetricians and Gynecologists, the Michigan State Medical
Society, or any other source that the department of health and human services determines appropriate for the
purpose.
(iii) State that as the result of an abortion, some individuals may experience depression, feelings of guilt, sleep
disturbance, loss of interest in work or sex, or anger, and that if these symptoms occur and are intense or
persistent, professional help is recommended.
(iv) State that not all of the complications listed in subparagraph (ii) may pertain to that particular patient
and refer the patient to the patient’s physician for more personalized information.
(v) Identify services available through public agencies to assist the patient during the patient’s pregnancy and
after the birth of the child, should the patient choose to give birth and maintain custody of the child.
(vi) Identify services available through public agencies to assist the patient in placing the child in an adoptive
or foster home, should the patient choose to give birth but not maintain custody of the child.
(vii) Identify services available through public agencies to assist the patient and provide counseling should the
patient experience subsequent adverse psychological effects from the abortion.
(c) Develop, draft, and print, in nontechnical English, Arabic, and Spanish, an acknowledgment and consent
form that includes only the following language above a signature line for the patient:
“I, , voluntarily and willfully hereby authorize Dr. (“the
physician”) and any assistant designated by the physician to perform upon me the following operation(s) or procedure(s):
(Name of operation(s) or procedure(s))
A. I understand that I am approximately weeks pregnant. I consent to an abortion procedure to
terminate my pregnancy. I understand that I have the right to withdraw my consent to the abortion procedure at
any time before performance of that procedure.
B. I understand that it is illegal for anyone to coerce me into seeking an abortion.
C. I acknowledge that at least 24 hours before the scheduled abortion I have received a physical copy of each
of the following:
1. A medically accurate depiction, illustration, or photograph of a fetus at the probable gestational age of the
fetus I am carrying. 13
2. A written description of the medical procedure that will be used to perform the abortion.
3. A prenatal care and parenting information pamphlet.
D. If any of the documents listed in paragraph C were transmitted by facsimile, I certify that the documents
were clear and legible.
E. I acknowledge that the physician who will perform the abortion has orally described all of the following to me:
1. The specific risk to me, if any, of the complications that have been associated with the procedure I am
scheduled to undergo.
2. The specific risk to me, if any, of the complications if I choose to continue the pregnancy.
F. I acknowledge that I have received all of the following information:
1. Information about what to do and whom to contact in the event that complications arise from the abortion.
2. Information pertaining to available pregnancy related services.
G. I have been given an opportunity to ask questions about the operation(s) or procedure(s).
H. I certify that I have not been required to make any payments for an abortion or any medical service before
the expiration of 24 hours after I received the written materials listed in paragraph C, or 24 hours after the time
and date listed on the confirmation form if the information described in paragraph C was viewed from the state
of Michigan internet website.”.
(d) Make available to physicians through the board and the Michigan board of osteopathic medicine and
surgery, and to any person upon request, the copies of medically accurate depictions, illustrations, or photographs
described in subdivision (a), the written standardized summaries described in subdivision (b), the
acknowledgment and consent form described in subdivision (c), the prenatal care and parenting information
pamphlet described in section 9161, the pregnancy certification form described in subdivision (f), and the
materials regarding coercion to abort described in subdivision (i).
(e) In developing the written standardized summaries for abortion procedures under subdivision (b), include
in the summaries only medication that has been approved by the United States Food and Drug Administration
for use in performing an abortion.
(f) Develop, draft, and print a certification form to be signed by a local health department representative at
the time and place a patient has a pregnancy confirmed, as requested by the patient, verifying the date and time
the pregnancy is confirmed.
(g) Develop, operate, and maintain an internet website that allows a patient considering an abortion to review
the information required in subsection (3)(c) through (f). After the patient reviews the required information, the
department of health and human services shall ensure that a confirmation form can be printed by the patient
from the internet website that will verify the time and date the information was reviewed. A confirmation form
printed under this subdivision becomes invalid 14 days after the date and time printed on the confirmation form.
(h) Include on the informed consent internet website operated under subdivision (g) a list of health care
providers, facilities, and clinics that offer to perform ultrasounds free of charge. The list must be organized
geographically and include the name, address, and telephone number of each health care provider, facility, and
clinic.
(i) After considering the standards and recommendations of the Joint Commission on Accreditation of
Healthcare Organizations, the Michigan Domestic and Sexual Violence Prevention and Treatment Board, the
Michigan Coalition to End Domestic and Sexual Violence or successor organization, and the American Medical
Association, do all of the following:
(i) Develop, draft, and print or make available in printable format, in nontechnical English, Arabic, and
Spanish, a notice that is required to be posted in facilities and clinics under section 17015a. The notice must be
at least 8-1/2 inches by 14 inches, be printed in at least 44-point type, and contain at a minimum all of the
following:
(A) A statement that it is illegal under Michigan law to coerce an individual to have an abortion.
(B) A statement that help is available if an individual is being threatened or intimidated; is being physically,
emotionally, or sexually harmed; or feels afraid for any reason.
(C) The telephone number of at least 1 domestic violence hotline and 1 sexual assault hotline.
(ii) Develop, draft, and print or make available in printable format, in nontechnical English, Arabic, and
Spanish, a prescreening summary on prevention of coercion to abort that, at a minimum, contains the information
required under subparagraph (i) and notifies the patient that an oral screening for coercion to abort will be
conducted before giving written consent to obtain an abortion. 14
(iii) Develop, draft, and print screening and training tools and accompanying training materials to be utilized
by a physician or qualified person assisting the physician while performing the coercion to abort screening
required under section 17015a. The screening tools must instruct the physician or qualified person assisting the
physician to orally communicate information to the patient regarding coercion to abort and to document the
findings from the coercion to abort screening in the patient’s medical record.
(iv) Develop, draft, and print protocols and accompanying training materials to be utilized by a physician or a
qualified person assisting the physician if a patient discloses coercion to abort or that domestic violence is
occurring, or both, during the coercion to abort screening. The protocols must instruct the physician or qualified
person assisting the physician to do, at a minimum, all of the following:
(A) Follow the requirements of section 17015a as applicable.
(B) Assess the patient’s current level of danger.
(C) Explore safety options with the patient.
(D) Provide referral information to the patient regarding law enforcement and domestic violence and sexual
assault support organizations.
(E) Document any referrals in the patient’s medical record.
(12) A physician’s duty to inform the patient under this section does not require disclosure of information
beyond what a reasonably well-qualified physician licensed under this article would possess.
(13) A written consent form meeting the requirements set forth in this section and signed by the patient is
presumed valid. The presumption created by this subsection may be rebutted by evidence that establishes, by a
preponderance of the evidence, that consent was obtained through fraud, negligence, deception,
misrepresentation, coercion, or duress.
(14) A completed certification form described in subsection (11)(f) that is signed by a local health department
representative is presumed valid. The presumption created by this subsection may be rebutted by evidence that
establishes, by a preponderance of the evidence, that the physician who relied upon the certification had actual
knowledge that the certificate contained a false or misleading statement or signature.
(15) This section does not create a right to abortion.
(16) Notwithstanding any other provision of this section, a person shall not perform an abortion that is
prohibited by law.
(17) If any portion of this act or the application of this act to any person or circumstances is found invalid by a
court, that invalidity does not affect the remaining portions or applications of the act that can be given effect
without the invalid portion or application, if those remaining portions are not determined by the court to be
inoperable.
(18) Upon a patient’s request, a local health department shall comply with the following:
(a) Provide a pregnancy test for that patient to confirm the pregnancy as required under subsection (3)(a) and
determine the probable gestational stage of the fetus. The local health department need not comply with this
subdivision if the requirements of subsection (3)(a) have already been met.
(b) If a pregnancy is confirmed, ensure that the patient is provided with a completed pregnancy certification
form described in subsection (11)(f) at the time the information is provided.
(19) The identity and address of a patient who is provided information or who consents to an abortion pursuant
to this section is confidential and is subject to disclosure only with the consent of the patient or by judicial process.
(20) A local health department with a file containing the identity and address of a patient described in
subsection (19) who has been assisted by the local health department under this section shall do both of the
following:
(a) Only release the identity and address of the patient to a physician or qualified person assisting the
physician in order to verify the receipt of the information required under this section.
(b) Destroy the information containing the identity and address of the patient within 30 days after assisting
the patient under this section.
Sec. 20115. The department may promulgate rules to further define the term “health facility or agency” and
the definition of a health facility or agency listed in section 20106 as required to implement this article. The
department may define a specific organization as a health facility or agency for the sole purpose of certification
authorized under this article. For purpose of certification only, an organization defined in section 20106(5),
20108(1), or 20109(4) is considered a health facility or agency. The term “health facility or agency” does not mean
a visiting nurse service or home aide service conducted by and for the adherents of a church or religious
denomination for the purpose of providing service for those who depend upon spiritual means through prayer
alone for healing. 15
Secretary of the Senate
Enacting section 1. Sections 2835, 2836, 2837, 17014, 17016, 17017, 17516, 17517, and 22224 of the
public health code, 1978 PA 368, MCL 333.2835, 333.2836, 333.2837, 333.17014, 333.17016, 333.17017,
333.17516, 333.17517, and 333.22224, are repealed.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the
102nd Legislature are enacted into law:
(a) House Bill No. 4949.
(b) House Bill No. 4955.
Clerk of the House of Representatives
Approved
Governor
Compiler's note: House Bill No. 4949, referred to in enacting section 2, was filed with the Secretary of State
December 11, 2023, and became 2023 PA 286, Eff. Feb. 13, 2024.
House Bill No. 4955, also referred to in enacting section 2, was filed with the Secretary of State November 22, 2023,
and became 2023 PA 204, Eff. Feb. 13, 2024.