Licensing Flexibility Codified through SB 759
Caroline Renner and Jennifer Van Regenmorter
On December 27, 2021, Governor Gretchen Whitmer signed Senate Bill 759 into law, which took effect immediately. SB 759 allows individuals without a license for the practice of a health profession to perform certain limited duties. For example, students in a health profession training program may perform duties assigned while training.
Additionally, SB 759 provides flexibility, when the Director of the Michigan Department of Health and Human Services determines that control of an epidemic is necessary, for individuals licensed in another state or country to provide medical care. The individual authorized to practice a health profession in another state must be able to meet the requirements of the Michigan Public Health Code for licensure.
This provision is designed to allow flexibility and prevent staffing shortages during an epidemic and is a continuation of the regulatory flexibility for the provision of health care services implemented during 2020. An “epidemic-related staffing shortage” is defined in SB 759 as a shortage of individuals licensed under the Public Health Code during the epidemic. A staffing shortage caused by a labor dispute does not constitute an epidemic-related staffing shortage.
Finally, SB 759 codifies other situations where a health professional not licensed in Michigan may provide care. These situations include exceptional circumstances where an out-of-state health professional is called in for consultation or treatment, if an out-of-state health professional is attending a meeting or training in Michigan, when an out-of-state health professional is providing services for an athletic team, and others.
If you have questions on the provision of medical care by a student or individual licensed in another state, please contact a Foster Swift health care attorney.