2023 House Bill 4121 / Public Act 47

Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for.

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 section 16221 (MCL 333.16221), as amended by 2020 PA 232.

House Fiscal Agency Analysis

House Bill 4121 would include a conviction for sexual penetration under the pretext of medical treatment among the grounds requiring sanctions to be imposed on a person licensed or registered under the Public Health Code. House Bill 4122 would require a health professional license or registration to be permanently revoked for a violation involving sexual penetration under the pretext of medical treatment.

Introduced in the House

Feb. 22, 2023

Introduced by Rep. Kelly Breen (D-21) and 24 co-sponsors

Co-sponsored by Reps. Julie Rogers (D-41), Pat Outman (R-91), Carrie Rheingans (D-47), Jennifer Conlin (D-48), Carol Glanville (D-84), Jim Haadsma (D-44), John Roth (R-104), Robert Bezotte (R-50), Doug Wozniak (R-59), Jason Morgan (D-23), Erin Byrnes (D-15), Reggie Miller (D-31), Rachel Hood (D-81), Emily Dievendorf (D-77), Jimmie Wilson (D-32), Dylan Wegela (D-26), Amos O’Neal (D-94), Cynthia Neeley (D-70), Christine Morse (D-40), Donavan McKinney (D-14), Jason Hoskins (D-18), Julie Brixie (D-73), Penelope Tsernoglou (D-75) and Abraham Aiyash (D-9)

Referred to the Committee on Judiciary

April 19, 2023

Reported without amendment

May 24, 2023

Passed in the House 107 to 0 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

May 25, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

June 13, 2023

Reported without amendment

June 14, 2023

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 38 to 0 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

June 29, 2023