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Nurse Anesthetists See Expanded Scope of Practice
The
Senate Thursday passed legislation to expand the scope of practice for nurse
anesthetists.
SB
1019, sponsored by Senate Majority Floor Leader Mike Kowall (R-White Lake),
passed by a 22-15 vote. Opposing included Senators Steve Bieda (D-Warren), Jack
Brandenburg (R-Harrison Township), Patrick Colbeck (R-Canton Township), Vincent
Gregory (D-Southfield), Goeff Hansen (R-Hart), Hoon-Yung Hopgood (D-Taylor),
Ken Horn (R-Frankenmuth), Joe Hune (R-Whitmore Lake), Rick Jones (R-Grand
Ledge), Margaret O’Brien (R-Portage), Dave Robertson (R-Grand Blanc), and Tory
Rocca (R-Sterling Heights).
Senator
Mike Shirkey (R-Clarklake) addressed criticism stating this allows nurse
anesthetists the ability to practice to the full extent of their qualifications,
and allows hospitals more freedom and application of technology moving forward.
Senator Kowall added 40 states and the U.S. military currently follow the
procedures laid out in this bill and brings Michigan in line with current
status.
Andrea
Teitel, president of the Michigan Association of Nurse Anesthetists, thanked
the Senate for passing the legislation, and added the bill will continue to
improve access to care in medically underserved areas.
The
bill now goes to the House for consideration.
Medical Marihuana Bills Clear Senate
The
Senate passed a package of bills Thursday setting new regulations on medical
marihuana growers, transporters and dispensaries, and allowing edible forms of
medical marihuana.
HB
4209, HB
4210, HB
4827, SB
141, and SB
1014 all passed the Senate. HB 4209 creates a Medical Marihuana
Licensing Board and requires state operating licenses, including a
recommendation from local government for provisioning centers, growers,
processors, transporters and marihuana testing. Additionally, the bill allows
immunity for licensees from prosecution of marihuana offenses and creates an
excise tax of 3 percent.
HB
4210 amended the Michigan Medical Marihuana Act to allow manufacturers of
marihuana-infused products and regulates the manufacture, transfer and
transport of those products. An additional amendment adopted expands where oils
are prohibited and appropriates $8.5 million from the Marihuana Registry Fund
to the Department of Licensing and Regulatory Affairs for the implementation of
HB 4827. HB 4827 creates a system of tracking and regulating the commercial
traffic of products.
SB
141 updates the sentencing guidelines for selling marihuana in violation of
registry identification card restrictions. Finally, SB 1014 allows the
Department of Health and Human Services the ability to establish emergency
rules on medical marihuana while a Medical Marihuana Licensing Board is
created.
The
package goes to the House for consideration.
Autonomous Vehicle Legislation Passed
The
Senate unanimously passed a package of bills allowing the use of autonomous
vehicles in Michigan.
SB
995, SB
996, SB
997 and SB
998 extensively lay out guidelines moving forward with autonomous vehicles.
SB 995 allows an automated motor vehicle to be operated on a street or highway
in Michigan. It also prohibits local government from imposing fees,
registration and regulations on on-demand automated motor vehicle networks
through December 31, 2022. It additionally creates the Michigan Council on Future
Mobility within the Department of Transportation and requires annual policy
recommendations through the council.
SB
996 allows a vehicle manufacturer to participate in a project if it meets
certain criteria, specifies conditions during operations, and keeps immune from
civil liability for damages from modifications of automated technology. SB 997
defines a mobility research center to the specifications of the American Center
for Mobility. Additionally, the bill excludes a road under the control of a mobility
research center from provisions of the Michigan Vehicle Code. Finally, SB 998
allows a motor vehicle mechanic or repair facility not liable for damages
resulting from repairs.
All
of the bills passed 36-0 with Senator Tory Rocca (R-Sterling Heights) absent
from session.
Knollenberg Reintroduces State Road Bill
Senator
Marty Knollenberg (R-Troy) reintroduced a bill to discontinue the requirement
for large cities to pay a share of road projects in their jurisdiction.
Governor Rick Snyder vetoed a similar bill in July.
Senator
Knollenberg introduced SB 1068 on Thursday. It contains the exact language of
the vetoed bill. Governor Snyder vetoed SB
557 on the grounds that it represented a piecemeal approach for
road funding reform and requires the state to come up with $22 million over a
year to replace the lost local contributions. Senator Knollenberg reintroduced
this bill with the intention to keep options open, including an override option
for the initial vetoed bill.
Senator
Knollenberg added the bill could see revisions if the Governor and Legislature
can reach a mutual agreement. He feels a resolution needs to be reached by the
end of the year.
Allowing Search is Not Incriminating
The
6th U.S. Circuit Court of Appeals ruled Thursday that providing
police with consent to search one’s premises falls outside of a person’s right
not to be questioned, and does not create an incriminating statement under the
Fifth Amendment.
In
USA v. Calvetti, Judge Richard Griffin was joined by Judge Richard
Suhrheinrich and Judge John Rogers in the ruling, commenting that consent to a
search is not incriminating because it is not testimonial or communicative
evidence. This decision brings the 6th Circuit states (Ohio,
Kentucky, Tennessee and Michigan) in agreement with most other circuits.
In
the case, Sarah Calvetti was stopped during a traffic stop and consented to a
search of her vehicle. During the search, Department of State Police troopers
found 16 kilograms of cocaine. After her arrest, Ms. Calvetti signed a Miranda form and indicated she did not
want to be questioned. She was questioned anyway. During her trial, Ms.
Calvetti argued the violation of her Miranda
rights tainted her consent to a search, to which the trial court disagreed.
Judge
Griffin agreed with the lower court, adding the law protecting a defendant from
unlawful questioning does not extend to a search the defendant allowed.
PAAdvisory Briefs
Notte Remains on Ballot
Macomb
Circuit Judge Richard Caretti denied Republican Candidate Diana Farrington’s
residency claim against Michael Notte, her Democratic opponent in the 30th
House District. According to Gideon D’Assandro, spokesperson for the House
Republican Campaign Committee, Ms. Farrington will not appeal the decision.
Justice Caretti in his opinion cited Ms. Farrington’s failure to present
uncontroverted facts regarding Mr. Notte’s residency and her delay in filing
the initial complaint.
Straight Ticket Voting Appeal Denied
Attorney
General Bill Schuette appealed for a stay of the preliminary injunction issued
by U.S. District Judge Gershwin Drain regarding the straight ticket ruling to
the U.S. Supreme Court. Mr. Schuette’s appeal was denied. U.S. District Judge
Gershwin Drain’s injunction will remain and the Michigan ballot will contain
the straight-ticket option.
Dogs Allowed on Restaurant Patios
SB
727 passed the Senate Wednesday allowing dogs at outdoor
seating areas if the restaurant allows it and the city, township, or village
has no ordinance against dogs in outdoor seating areas. Sponsor of the
legislation Senator Margaret O’Brien (R-Portage) commented this bill stemmed
from previous work with former Representative Frank Foster. The intention is to
further establish rules across the state and allow restaurants the ability to
choose whether to allow dogs or not.
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