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Public Act 25 of 2010
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- Introduced by Sen. Bill Hardiman (R) on April 30, 2009, to prohibit a health care provider from knowingly using a “reprocessed single-use medical device” on a patient unless it meets certain sterility standards, subject to a $10,000 civil fine for violations.
- Referred to the Senate Health Policy Committee on April 30, 2009.
- Reported in the Senate on June 16, 2009, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
- Substitute offered in the Senate on June 25, 2009, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed by voice vote in the Senate on June 25, 2009.
- Amendment offered by Sen. Gilda Jacobs (D) on July 15, 2009, to tie-bar the bill to Senate Bill 65, meaning this bill cannot become law unless that one does also. SB 65 would authorize exceptions to the state “drug paraphernalia” prohibition for individuals who are authorized to use otherwise-illegal drugs for medical purposes (including medical marijuana), and for certain other uses. The amendment failed by voice vote in the Senate on July 15, 2009.
- Referred to the Senate Health Policy Committee on April 30, 2009.
- Passed 36 to 0 in the Senate on July 15, 2009.
Who Voted "Yes" and Who Voted "No" - Received in the House on July 15, 2009.
- Referred to the House Health Policy Committee on July 15, 2009.
- Reported in the House on February 23, 2010, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
- Substitute offered in the House on March 4, 2010, to replace the previous version of the bill with one that increases the proposed penalties. This was bypassed for another substitute that does the same and revises some other details. The substitute failed by voice vote in the House on March 4, 2010.
- Substitute offered by Rep. Dian Slavens (D) on March 4, 2010, to make violations subject to stringent criminal penalties, not just civil fines. The substitute passed by voice vote in the House on March 4, 2010.
- Amendment offered by Rep. Justin Amash (R) on March 4, 2010, to clarify language in the bill in a way that does not change its substance. The amendment failed by voice vote in the House on March 4, 2010.
- Referred to the House Health Policy Committee on July 15, 2009.
- Passed 95 to 10 in the House on March 4, 2010, to prohibit a health care provider from knowingly reusing, recycling, refurbishing for reuse a “reprocessed single-use medical device” on a patient unless it meets certain sterility standards, subject to 10 years in prison and a $50,000 fine for violations.
Who Voted "Yes" and Who Voted "No" - Received in the Senate on March 11, 2010. Passed 37 to 0 in the Senate on March 11, 2010.
Who Voted "Yes" and Who Voted "No" - Signed by Gov. Jennifer Granholm on March 26, 2010.
Most Recent Comments
1) Re: 2009 Senate Bill 528 (Require disclosure for use of reprocessed single-use medical device ) by Admin003 on March 11, 2010 Senator Hardiman asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hardiman’s statement is as follows: I urge members to concur in the House amendments to Senate Bill No. 528. They make relatively small changes, and the main objective of the bill is preserved. With this concurrence, Senate Bill No. 528 and the House companion bill will address a vital issue, especially in Kent County, and bring some peace of mind to thousands of my constituents and residents. As many of you know, there was a doctor a few years ago who deliberately reused medical devices in complete disregard for his patients’ safety. This has been deeply distressing to those patients and other residents. That doctor was convicted for billing fraud, but Michigan law still contains a grey area on the misuse of medical devices. This bill will clear that up. No one should have to go through the experience that these patients had. They would all want us to prevent this from happening again. With Senate Bill No. 528, we will, hopefully, take that step. On behalf of those patients and many others, I’m glad we can respond to those concerns in legislation, and thank you for your support.
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Senator Hardiman asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Hardiman’s statement is as follows:
I rise to speak in favor of Senate Bill No. 528 and to ask members to join me in supporting it. This bill would help to correct a flaw in our Public Health Code. It would help put the minds of many of my constituents at ease.
About two years ago, Kent County residents were shocked to discover that a doctor they had known and trusted violated that trust by deliberately reusing medical devices, regardless of the consequences to literally thousands of patients. That doctor was convicted in federal court for falsely billing for services, but the Public Health Code has a gray area about the actual practice of misusing single-use devices.
We need to pass Senate Bill No. 528 to clarify state law and penalize health professionals who would do this to their patients. We don’t want to outlaw the proper use of devices when medically appropriate. Senate Bill No. 528 has some exceptions to recognize legitimate situations, and I have worked with the medical community to try to strike the proper balance in this regulation.
Senate Bill No. 528 is a workable and reasonable response to a terrible situation. Passage of this bill will bring great relief to many in Kent County, and I thank you for your consideration of it.
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