HOUSE BILL No. 5759


     April 23, 1998, Introduced by Rep. Gagliardi 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) "COORDINATION" MEANS THE ABILITY OF MUSCLES TO WORK

 3    TOGETHER TO PERFORM A TASK WITH SMOOTH, ACCURATE, CONTROLLED

 4    MOVEMENT, AS CONTRASTED WITH INCOORDINATION OR COORDINATION DEFI-

 5    CIT, WHICH DESCRIBES ABNORMAL MOTOR FUNCTION CHARACTERIZED BY

 6    AWKWARD, EXTRANEOUS, UNEVEN, OR INACCURATE MOVEMENTS, CAUSED BY

 7    CENTRAL NERVOUS DISORDERS, INCLUDING, BUT NOT LIMITED TO,

 8    PARKINSON'S DISEASE, CEREBRAL PALSY, HEMIPLEGIA, HEMIPARESIS, AND

 9    CLOSED HEAD TRAUMA; OR BY PROGRESSIVE NEUROMUSCULAR DISEASES,




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 1    SUCH AS MUSCULAR DYSTROPHY, MULTIPLE SCLEROSIS, AND AMYOTROPHIC

 2    LATERAL SCLEROSIS.

 3         (B)  (a)  "Crossbow" means a weapon consisting of a bow

 4    mounted transversely on a stock or frame and designed to fire an

 5    arrow, bolt, or quarrel by the release of a bow string which is

 6    controlled by a mechanical or electric trigger and has a working

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

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

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

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

11     sections 333.16101 to 333.18838 of the Michigan Compiled Laws. 

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

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

14    medicine and surgery under article 15 of the public health code,

15     Act No. 368 of the Public Acts of 1978  1978 PA 368, MCL

16    333.16101 TO 333.18838.

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

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

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

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

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

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

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

24    taking of game.

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

26    submit to the department a signed certification from a physician

27    indicating that the physician  received from a physical therapist



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 1    and reviewed and confirmed objective test findings indicating the

 2     percentage  PERFORMED OBJECTIVE TESTS TO DETERMINE THE DEGREE of

 3    disability  determined to be  present in the permit applicant.

 4     by the physical therapist.  Based on the test findings, the phy-

 5    sician may certify that the applicant is permanently disabled as

 6    required by this section if the physician finds  that  EITHER OF

 7    THE FOLLOWING:

 8         (A) THAT THE PERMIT APPLICANT HAS MUSCLE WEAKNESS IN 1 ARM

 9    EQUIVALENT TO GRADE 4 OUT OF 5, OR WEAKER, IN THE MUSCLE WEAKNESS

10    GRADING SCHEME IN HISLOP, DANIELS AND WORTHINGHAM'S MUSCLE

11    TESTING:  TECHNIQUES OF MANUAL EXAMINATION (PHILADELPHIA:

12    SAUNDERS, 6TH ED, 1995) AND THAT THE WEAKNESS IS ATTRIBUTABLE TO

13    NEUROMUSCULAR-SKELETAL PROBLEMS.

14         (B) THAT the permit applicant has at least 80%  , in combi-

15     nation or individual impairment, of a  hand, elbow, or shoulder

16    IMPAIRMENT, IN COMBINATION OR INDIVIDUALLY.  In support of such a

17    determination, the physician and the physical therapist shall

18    utilize the following standards and criteria:

19         (i)  (a)  If applicable, muscle weaknesses with a grade of

20    fair or below for involved upper extremity muscle groups.  will

21     be used to determine if a person is eligible for a permit under

22     this section.  Testing by the  physical therapist will  PHYSICIAN

23    SHALL use as a guideline  "Techniques of Manual Muscle Testing",

24     by Daniels and Worthingham,  HISLOP, DANIELS AND WORTHINGHAM'S

25    MUSCLE TESTING:  TECHNIQUES OF MANUAL EXAMINATION (PHILADELPHIA:

26    SAUNDERS, 6TH ED, 1995) or other guidelines accepted by the

27    American medical association.



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 1         (ii)  (b)  Impaired range of motion  .  Goniometric 

 2    DETERMINED BY GONIOMETRIC measurements using  the "  American

 3    medical association  guide to evaluation and permanent impairment

 4     rating"  GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENT

 5    (CHICAGO:  4TH ED, 1993), or other guidelines accepted by the

 6    American medical association.

 7         (iii)  (c)  Peripheral nerve involvement, DETERMINED using

 8    the  "  American medical association  guide to evaluation and

 9     permanent impairment rating"  GUIDES TO THE EVALUATION OF

10    PERMANENT IMPAIRMENT (CHICAGO:  4TH ED, 1993), or other guide-

11    lines accepted by the American medical association.

12         (iv)  (d)  Amputations involving 4 fingers at the proximal

13    interphalangeal joint, wrist, elbow, and shoulder.  THESE do not

14    require objective test findings.  However, the applicant is

15    required to present a physician's diagnosis to be qualified for a

16    permit.

17         (v)  (e)  Unilateral hand weakness disabilities.  In addi-

18    tion to manual muscle testing, a grip dynamometer, pinch grip,

19    and lateral grip measurements  will  SHALL be used to compare

20    dominant to nondominant hand.  A 5% deficit is standard accep-

21    tance for the nondominant hand.  Bilateral hand weaknesses or

22    bilateral upper extremity weaknesses, or both, are subject to

23    manual muscle testing only.

24         (vi)  (f)  Any spinal cord injury above the level of C-8,

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

26    ing the applicant permanently nonambulatory, as diagnosed by a

27    physician.  , do  THIS DOES not require objective test findings.



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 1    However, the applicant is required to present a physician's

 2    diagnosis to be qualified for a permit.

 3         (vii)  (g)  Coordination assessment.  Coordination is the

 4     ability to execute smooth, accurate, controlled movement.

 5     Incoordination or coordination deficit describes abnormal motor

 6     function characterized by awkward, extraneous, uneven, or inaccu-

 7     rate movements, caused by central nervous disorders, including,

 8     but not limited to, Parkinson's disease, cerebral palsy, hemiple-

 9     gia, hemiparesis, and closed head trauma; or by progressive neu-

10     romuscular diseases, such as muscular dystrophy, multiple sclero-

11     sis, and amyotrophic lateral sclerosis.  Purpose:  to assess the

12     ability of muscles or groups of muscles to work together to per-

13     form a task.  For safety considerations, this  test will 

14    ASSESSMENT IS INTENDED TO eliminate severely impaired applicants

15    from qualifying for a permit.

16         (4) A person shall not seek diagnosis from  a physical ther-

17     apist or  a physician for purposes of meeting the requirements of

18    this section on more than 2 occasions within a 6-month period.

19    If a person seeks a diagnosis from a  physical therapist 

20    PHYSICIAN and the results of the testing do not meet the require-

21    ments of this section for eligibility for a permit, the person

22    may do either of the following:

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

24    another opinion from the same or a different  physical therapist 

25    PHYSICIAN.

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

27    same or a different  physical therapist  PHYSICIAN.



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

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

 3    romuscular disease or a central nervous disorder shall be issued

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

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

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

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

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

 9     Laws  1969 PA 306, MCL 24.201 TO 24.328.

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

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

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

13    point not less than 7/8 of an inch wide and  must  SHALL be a

14    minimum of 14 inches in length.

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

16    in this section is guilty of a misdemeanor, punishable by impris-

17    onment for not more than 90 days, or a fine of not less than

18    $200.00 or more than $1,000.00, or both, and the cost of

19    prosecution.



















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