2023 House Bill 4885 / Public Act 273

Health facilities: other; medication aide training and permit program; provide for and increase certain fees.

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 21907, 21909, 21911, 21913, 21915, 21919, 21921, and 21923 (MCL 333.21907, 333.21909, 333.21911, 333.21913, 333.21915, 333.21919, 333.21921, and 333.21923), sections 21907, 21909, 21913, 21915, 21919, 21921, and 21923 as added by 2017 PA 172 and section 21911 as amended by 2022 PA 79, and by adding sections 21912, 21916, 21918, and 21920.

House Fiscal Agency Analysis

House Bills 4885 and 4923 amend the Public Health Code to allow for the training and registration of medication aides, with conditions running parallel to those adopted in 2017 that govern the training and registration of nurse aides (often referred to as certified nurse aides, or CNAs). A medication aide is a nurse aide who is additionally registered to practice as a medication aide. House Bill 4885 addresses substantive provisions, and House Bill 4923 adds or amends definitions for terms used in those provisions. The bills take effect March 7, 2024. Medication aides (also called medication technicians or medication assistive persons, among other titles) are recognized in several other states and constitute another tier of care between nurse aides and nurses. A 2015 list by the American Nurses Association reports 36 states allowing medication aides, while a more recent media report puts the number at 38.

Introduced in the House

June 28, 2023

Introduced by Rep. Donavan McKinney (D-14) and four co-sponsors

Co-sponsored by Reps. Jimmie Wilson (D-32), Kimberly Edwards (D-12), Erin Byrnes (D-15) and Abraham Aiyash (D-9)

Referred to the Committee on Regulatory Reform

July 18, 2023

Referred to the Committee on Health Policy

Sept. 28, 2023

Referred to the Committee on Regulatory Reform

Oct. 24, 2023

Reported with substitute H-1

Oct. 31, 2023

Substitute H-1 concurred in by voice vote

Nov. 1, 2023

Passed in the House 83 to 27 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Nov. 2, 2023

Referred to the Committee on Health Policy

Nov. 8, 2023

Reported with substitute S-1

Referred to the Committee of the Whole

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Passed in the Senate 32 to 3 (details)

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

The motion prevailed by voice vote

Received in the House

Nov. 8, 2023

Substitute S-1 concurred in 84 to 25 (details)

Signed by Gov. Gretchen Whitmer

Dec. 8, 2023