Medical Malpractice, Scope Expansion and Tobacco Reform Take Center Stage in Lame Duck Session
On Nov. 5, the general election was held. Michigan had record voter turnout this election cycle and followed similar trends as the rest of the nation where, unlike in 2020 when reproductive freedom was a driving force for Democratic wins, there was an increase in voters turning out for the Republican Party at the top and down the ballot.
At the state level, Republicans flipped the House of Representative seats and will reclaim their majority on Jan. 1, 2025, with 58 seats (to the Democrats’ 52 seats). Current State Sen. Kristin McDonald Rivet won her congressional race to replace retiring Congressman Dan Kildee. This will require Gov. Gretchen Whitmer to call a special election to fill this seat in 2025.
Representative Matt Hall (R-Richland Township) was nominated to serve as the Speaker of the House for the 103rd Legislature. Other leadership positions announced include:
- Majority Floor Leader: Rep. Bryan Posthumus (R-Rockford)
- Speaker Pro Tempore: Rep. Rachelle Smit (R-Shelbyville)
- Associate Speaker Pro Tempore: Rep. Jay DeBoyer (R-Clay)
- Assistant Majority Floor Leader: Rep. Brian Begole (R-Perry)
- Majority Whip: Rep. Mike Harris (R-Clarkston)
- Chief Deputy Whip: Rep. Joseph A. Aragona (R-Clinton Township)
- Caucus Chair: Rep. Ken Borton (R-Gaylord)
- Caucus Vice Chair: Representative-elect Nancy Jenkins-Arno (R-Lenawee County)
Democrats elected Rep. Ranjeev Puri (D-Canton) as the incoming Minority Leader with Rep. John Fitzgerald (D-Wyoming) serving as the Minority Floor Leader.
Additional positions, including committee assignments, are expected to be announced following the conclusion of the 102nd Legislature.
Lame Duck Schedule The Michigan State House and Senate returned from their Thanksgiving and hunting break to continue their lame duck agenda. Committees met in the beginning of December to vote out any remaining bills on the agenda to set them up for final passage before the end of the year. The last scheduled session day for the House is Dec. 19, while the Senate has added Dec. 20 and 23 to their calendars. At this time, it is unknown which bills will make it to the desk of Gov. Gretchen Whitmer and be signed into law following infighting with the Democratic majority. MAFP has been closely tracking the following pieces of legislation:
Senate Bills 1158 & 1159, House Bills 6085 & 6086 (Medical Malpractice) Once the November general election ended, leadership in the House and Senate began moving legislation that would drastically increase the value of malpractice claims by raising caps on noneconomic damages and make available lost earnings capacity damages. In both the House and Senate, committees took up HB 6085 and SB 1158, respectively, and moved the bills to the floor for further consideration.
Both the Senate and House bills were not voted on in their first chamber and cannot pass due to the state’s constitutional five-day layover rule.
Senate Bill 279 (Nurse Practitioner Scope Expansion) Legislation introduced by Sen. Jeff Irwin (D-Ann Arbor), would expand the scope of nurse practitioners to allow for full practice authority in Michigan. The legislation received a hearing in the Senate Health Policy Committee on March 20, 2025. MAFP President Beena Nagappala, MD, MPH, FAAFP and incoming President Rachel M. Klamo, DO, MS, FAAFP testified in opposition to the bill.
The bill was not considered in the committee again. We expect this legislation to be reintroduced in the new year with a change in majority in the House.
Senate Bills 651-654, House Bills 6002 – 6005 (Curtailing Tobacco Use) The Keep Michigan Kids Tobacco Free Alliance coalition saw its bills that it has been working on for the past year have a Senate hearing in late October. Senate Bills 651-654 and House Bills 6002-6005 seek to strengthen Michigan’s tobacco laws and help reduce youth tobacco use. More specifically, the legislation would enact the following changes into Michigan law:
- Establish a statewide Tobacco Retail Licensing (TRL) to ensure tobacco sellers are held accountable for following laws, especially not selling tobacco to minors.
- Repeal ineffective penalties that punish kids for tobacco purchase use and position.
The House bills await final approval by the Senate.
MAFP will continue to monitor legislative activity and advocate for family physicians and the health of Michigan residents.
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