Michigan Laws 333.5654 – Recommended medical treatment for advanced illness; duty of physician to inform orally; limitation or modification of disclosed information
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Terms Used In Michigan Laws 333.5654
- Advanced illness: except as otherwise provided in this subdivision, means a medical or surgical condition with significant functional impairment that is not reversible by curative therapies and that is anticipated to progress toward death despite attempts at curative therapies or modulation, the time course of which may or may not be determinable through reasonable medical prognostication. See Michigan Laws 333.5653
- Medical treatment: means a treatment including, but not limited to, palliative care treatment, or a procedure, medication, surgery, a diagnostic test, or a hospice plan of care that may be ordered, provided, or withheld or withdrawn by a health professional or a health facility under generally accepted standards of medical practice and that is not prohibited by law. See Michigan Laws 333.5653
- Patient: means an individual who is under the care of a physician. See Michigan Laws 333.5653
- Patient advocate: means that term as described and used in sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 333.5653
- Patient surrogate: means the parent or legal guardian of a patient who is a minor or a member of the immediate family, the next of kin, or the legal guardian of a patient who has a condition other than minority that prevents the patient from giving consent to medical treatment. See Michigan Laws 333.5653
- Physician: means that term as defined in section 17001 or 17501. See Michigan Laws 333.5653
(1) A physician who has diagnosed a patient as having a reduced life expectancy due to an advanced illness and is recommending medical treatment for the patient shall do all of the following:
(a) Orally inform the patient, the patient’s patient surrogate, or, if the patient has designated a patient advocate and is unable to participate in medical treatment decisions, the patient advocate acting on behalf of the patient in accordance with sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515, about the recommended medical treatment and about alternatives to the recommended medical treatment.
(b) Orally inform the patient, patient surrogate, or patient advocate about the advantages, disadvantages, and risks of the recommended medical treatment and of each alternative medical treatment described in subdivision (a) and about the procedures involved.
(2) A physician’s duty to inform a patient, patient surrogate, or patient advocate under subsection (1) does not require the disclosure of information beyond that required by the applicable standard of practice.
(3) Subsection (1) does not limit or modify the information required to be disclosed under sections 5133(2) and 17013(1).