House Introduced Bill 4473

HOUSE BILL No. 4473

March 11, 1997, Introduced by Rep. Profit and referred to the Committee on Conservation, Environment and Recreation.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 40115 (MCL 324.40115), as added by 1995 PA

57.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 40115. (1) As used in this section:

2 (a) "Crossbow" means a weapon consisting of a bow mounted

3 transversely on a stock or frame and designed to fire an arrow,

4 bolt, or quarrel by the release of a bow string which is con-

5 trolled by a mechanical or electric trigger and has a working

6 safety and a draw weight of 100 pounds or greater.

7 (b) "Physical therapist" means a person licensed to engage

8 in the practice of physical therapy under article 15 of the

9 public health code, Act No. 368 of the Public Acts of 1978,

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1 being sections 333.16101 to 333.18838 of the Michigan Compiled

2 Laws 1978 PA 368, MCL 333.16101 TO 333.18838.

3 (c) "Physician" means a person licensed by the state to

4 engage in the practice of medicine or the practice of osteopathic

5 medicine and surgery OR THE PRACTICE OF CHIROPRACTIC under

6 article 15 of the public health code, Act No. 368 of the Public

7 Acts of 1978 1978 PA 368, MCL 333.16101 TO 333.18838.

8 (2) The department may issue a permit to a person who is

9 certified as being permanently disabled by a physician as pro-

10 vided in this section. That permit shall be issued without cost

11 to the applicant and shall authorize that person to take game

12 with a crossbow during the open season for that game if that

13 person holds a license to take that game issued pursuant to

14 part 435 and complies with all other laws and rules for the

15 taking of game.

16 (3) An applicant for a permit under this section shall

17 submit to the department a signed certification from a physician.

18 indicating that the physician received from a physical therapist

19 and reviewed and confirmed objective test findings indicating the

20 percentage of disability determined to be present in the permit

21 applicant by the physical therapist. A PHYSICIAN MAY BASE HIS OR

22 HER CERTIFICATION UNDER THIS SECTION ON THE REPORT OF A PHYSICAL

23 THERAPIST. Based on the test findings, the physician may certify

24 that the applicant is permanently disabled as required by this

25 section if the physician finds that the permit applicant has at

26 least 80%, in combination or individual impairment, of a hand,

27 elbow, or shoulder. In support of such a determination, the

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1 physician and the physical therapist shall utilize the

2 following standards and criteria:

3 (a) If applicable, PERIPHERAL NERVE INVOLVEMENT OR muscle

4 weaknesses with a grade of fair or below for involved upper

5 extremity muscle groups OR A REDUCTION IN FUNCTION will be used

6 to determine if a person is eligible for a permit under this

7 section. Testing by the physical therapist will use as a guide-

8 line "Techniques of Manual Muscle Testing", by Daniels and

9 Worthingham, or other guidelines accepted by the American medical

10 association.

11 (b) Impaired range of motion. Goniometric measurements

12 using the "American medical association guide to evaluation and

13 permanent impairment rating", or other guidelines accepted by the

14 American medical association.

15 (c) Peripheral nerve involvement, using the "American medi-

16 cal association guide to evaluation and permanent impairment

17 rating", or other guidelines accepted by the American medical

18 association.

19 (B) (d) Amputations involving 4 fingers at the proximal

20 interphalangeal joint, wrist, elbow, and shoulder do not require

21 objective test findings. However, the applicant is required to

22 present a physician's diagnosis to be qualified for a permit.

23 (C) (e) Unilateral hand weakness disabilities. In TO

24 ASSESS UNILATERAL HAND WEAKNESS DISABILITIES, IN addition to

25 manual muscle testing, a grip dynamometer, pinch grip, and lat-

26 eral grip measurements will SHALL be used to compare dominant

27 to nondominant hand. A 5% deficit is standard acceptance for the

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1 nondominant hand. Bilateral hand weaknesses or bilateral upper

2 extremity weaknesses, or both, are subject to manual muscle test-

3 ing only.

4 (D) (f) Any spinal cord injury above the level of C-8,

5 resulting in permanent disability to the lower extremities, leav-

6 ing the applicant permanently nonambulatory, as diagnosed by a

7 physician, do not require objective test findings. However, the

8 applicant is required to present a physician's diagnosis to be

9 qualified for a permit.

10 (E) (g) Coordination assessment. Coordination is SHALL

11 BE TESTED TO ASSESS THE ABILITY OF MUSCLES OR GROUPS OF MUSCLES

12 TO WORK TOGETHER TO PERFORM A TASK. FOR SAFETY PURPOSES, THIS

13 TEST SHALL DISQUALITY FROM ELIGIBILITY FOR A PERMIT APPLICANTS

14 SEVERELY IMPAIRED BY INCOORDINATION OR COORDINATION DEFICIT. AS

15 USED IN THIS SUBDIVISION, "COORDINATION" MEANS the ability to

16 execute smooth, accurate, controlled movement. Incoordination or

17 coordination deficit describes abnormal motor function character-

18 ized by awkward, extraneous, uneven, or inaccurate movements,

19 caused by central nervous disorders, including, but not limited

20 to, Parkinson's disease, cerebral palsy, hemiplegia, hemiparesis,

21 and closed head trauma, ARTHRITIS, OR CARPAL TUNNEL SYNDROME;

22 or by progressive neuromuscular diseases, such as muscular dys-

23 trophy, multiple sclerosis, and amyotrophic lateral sclerosis.

24 Purpose: to assess the ability of muscles or groups of muscles

25 to work together to perform a task. For safety considerations,

26 this test will eliminate severely impaired applicants from

27 qualifying for a permit.

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1 (4) A person shall not seek diagnosis from a physical

2 therapist or a physician for purposes of meeting the requirements

3 of this section on more than 2 occasions within a 6-month

4 period. If a person seeks a diagnosis from a PHYSICIAN OR physi-

5 cal therapist and the results of the testing do not meet the

6 requirements of this section for eligibility for a permit, the

7 person may do either of the following:

8 (a) Within 30 days of obtaining the test results, seek

9 another opinion from the same or a different PHYSICIAN OR physi-

10 cal therapist.

11 (b) After 180 days or more, seek another opinion from the

12 same or a different PHYSICIAN OR physical therapist.

13 (5) A permit issued under this section to a person who is

14 eligible for that permit because he or she has a progressive neu-

15 romuscular disease or a central nervous disorder shall be issued

16 for 2 years and then is renewable only upon reapplication pursu-

17 ant to this section. All other crossbow permits issued pursuant

18 to this section are valid unless revoked pursuant to the adminis-

19 trative procedures act of 1969, Act No. 306 of the Public Acts

20 of 1969, being sections 24.201 to 24.328 of the Michigan Compiled

21 Laws 1969 PA 306, MCL 24.201 TO 24.328.

22 (6) Arrows, bolts, and quarrels used for taking deer, bear,

23 elk, and turkey with a crossbow under a permit issued under this

24 section are required to SHALL have a broadhead hunting type of

25 point not less than 7/8 of an inch wide and must be a minimum

26 of SHALL BE NOT LESS THAN 14 inches in length.

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1 (7) A person who falsely obtains or uses a permit authorized

2 in this section is guilty of a misdemeanor, punishable by

3 imprisonment for not more than 90 days, or a fine of not less

4 than $200.00 or more than $1,000.00, or both, and the cost of

5 prosecution.

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