2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20115 - Rules Defining or Differentiating Health Facility or Agency; Rules Differentiating Freestanding Surgical Outpatient Facility From Private Office; Republication of Certain Rules; Waiver or Modification; Information to Be Provided to Department of Licensing and Regulatory Affairs; Definitions.

***** 333.20115 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 13, 2024: See 333.20115.amended *****
333.20115 Rules defining or differentiating health facility or agency; rules differentiating freestanding surgical outpatient facility from private office; republication of certain rules; waiver or modification; information to be provided to department of licensing and regulatory affairs; definitions.
Sec. 20115.
(1) 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.
(2) The department shall promulgate rules to differentiate a freestanding surgical outpatient facility from a private office of a physician, dentist, podiatrist, or other health professional. The department shall specify in the rules that a facility including, but not limited to, a private practice office described in this subsection must be licensed under this article as a freestanding surgical outpatient facility if that facility performs 120 or more surgical abortions per year and publicly advertises outpatient abortion services.
(3) The department shall promulgate rules that in effect republish R 325.3826, R 325.3832, R 325.3835, R 325.3857, R 325.3866, R 325.3867, and R 325.3868 of the Michigan administrative code, but shall include in the rules standards for a freestanding surgical outpatient facility or private practice office that performs 120 or more surgical abortions per year and that publicly advertises outpatient abortion services. The department shall assure that the standards are consistent with the most recent United States supreme court decisions regarding state regulation of abortions.
(4) Subject to section 20145 and part 222, the department may modify or waive 1 or more of the rules contained in R 325.3801 to R 325.3877 of the Michigan administrative code regarding construction or equipment standards, or both, for a freestanding surgical outpatient facility that performs 120 or more surgical abortions per year and that publicly advertises outpatient abortion services, if both of the following conditions are met:
(a) The freestanding surgical outpatient facility was in existence and operating on December 31, 2012.
(b) The department makes a determination that the existing construction or equipment conditions, or both, within the freestanding surgical outpatient facility are adequate to preserve the health and safety of the patients and employees of the freestanding surgical outpatient facility or that the construction or equipment conditions, or both, can be modified to adequately preserve the health and safety of the patients and employees of the freestanding surgical outpatient facility without meeting the specific requirements of the rules.
(5) By January 15 each year, the department of community health shall provide the following information to the department of licensing and regulatory affairs:
(a) From data received by the department of community health through the abortion reporting requirements of section 2835, all of the following:
(i) The name and location of each facility at which abortions were performed during the immediately preceding calendar year.
(ii) The total number of abortions performed at that facility location during the immediately preceding calendar year.
(iii) The total number of surgical abortions performed at that facility location during the immediately preceding calendar year.
(b) Whether a facility at which surgical abortions were performed in the immediately preceding calendar year publicly advertises abortion services.
(6) As used in this section:
(a) "Abortion" means that term as defined in section 17015.
(b) "Publicly advertises" means to advertise using directory or internet advertising including yellow pages, white pages, banner advertising, or electronic publishing.
(c) "Surgical abortion" means an abortion that is not a medical abortion as that term is defined in section 17017.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1999, Act 206, Eff. Mar. 10, 2000 ;-- Am. 2012, Act 499, Eff. Mar. 31, 2013
Popular Name:
Act 368
Admin Rule:
R 325.3801 et seq. and R 325.23101 et seq. of the Michigan Administrative Code.