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SB 1151

Health: licensing; providing certain reproductive health services; limit impact on licensing. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 16225.

2023-2024 Regular Session Introduced by Mary Cavanagh

Prohibits licensing actions or denials based solely on out-of-state discipline for conduct protected by Michigan’s reproductive-freedom rights or legally protected health activity.

placed on second reading
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Bill Summary · SB 1151

SB 1151 — Summary (Public Health Code: medical licensing & reproductive-health–protected conduct)

Status (as provided): placed on second reading.
Primary sponsor (originally): Sen. Mary Cavanagh.
Bill action: would add MCL 333.16225 to 1978 PA 368 (Public Health Code). Fiscal impact: none reported by Senate staff.

Main purpose

To prevent Michigan licensing bodies from denying licensure or imposing professional discipline solely because a medical licensee, registrant, or applicant was disciplined in another state for conduct that, if performed in Michigan, would be protected under Section 28 of Article I of the Michigan Constitution (the State constitutional right to reproductive freedom) or would qualify as a “legally protected health activity.”

Key provisions

  • Adds MCL 333.16225 to the Public Health Code.
  • Prohibits a disciplinary subcommittee from imposing a sanction under the Code against a licensee, registrant, or applicant solely because that person was subject to discipline or other penalty in another state for conduct that is:
    • prohibited in that other state, but
    • would be protected under Michigan Constitution, Section 28, or would be considered a “legally protected health activity.”
  • Prohibits a board, task force, or the Department (LARA) from denying an application for licensure or registration solely on that out‑of‑state discipline basis.
  • “Legally protected health activity” is incorporated by reference: the bill uses the definition found at MCL 600.2170 (as defined in the Revised Judicature Act in the companion bill, SB 1152).
  • Enacting provision: the bill, as reported in substitute form, states it does not take effect unless companion SB 1152 is enacted (tie‑bar).

Who is affected

  • Directly: medical licensees, registrants, and applicants regulated under the Public Health Code (physicians and other medical professionals within scope of the Code), and persons who faced discipline in other states for reproductive‑health–related activities.
  • Administratively: disciplinary subcommittees, licensing boards/task forces, and the Department of Licensing and Regulatory Affairs (LARA).
  • Indirectly: patients and providers interacting with reproductive‑health services in Michigan (potentially affecting provider availability and cross‑state care dynamics).

Practical effect and limits

  • The bill limits Michigan licensing actions that are based solely on an out‑of‑state disciplinary record tied to reproductive‑health conduct that is lawful/protected in Michigan.
  • It does not prohibit discipline or licensure denial on other bases (e.g., unrelated misconduct, patient safety concerns, criminal convictions that are independent grounds for discipline).
  • The protection applies only where the conduct would be constitutionally/provisionally protected or fall within the statutory definition of legally protected health activity.

Procedural / fiscal notes

  • Senate committee analysis reported no fiscal impact to state or local government.
  • The bill is tied procedurally to related legislation (notably SB 1152) that defines “legally protected health activity” and addresses evidentiary and extradition protections in related proposals.

Compiled from official sources — confirm details with the bill’s official record.

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