IMPERSONATING A HEALTH PROFESSIONAL - H.B. 4354 (H-4): FLOOR ANALYSIS


House Bill 4354 (Substitute H-4 as reported without amendment)

Sponsor: Representative Robert Gosselin

House Committee: Criminal Law and Corrections

Senate Committee: Judiciary


CONTENT


The bill would amend the Michigan Penal Code to prohibit and provide criminal penalties for impersonating a health care professional and providing health care services.


Under the bill it would be a felony for a person who was not a health professional licensed or registered under Article 15 of the Public Health Code to represent himself or herself, intentionally and falsely, to be a licensed or registered health professional and provide a health care treatment, procedure, or service to another person. The offense would be punishable by up to 15 years' imprisonment, a maximum fine of $10,000, or both.


Proposed MCL 750.217d - Legislative Analyst: P. Affholter


FISCAL IMPACT


House Bills 4352 (S-1) and 4354 (H-4) would have an indeterminate fiscal impact on State and local government.


There are no data available to indicate how many offenders could be convicted of false representation or practice as a licensed or registered health care professional. This crime would be classified as a Class C felony for which the minimum sentence range is 0-11 months to 62-114 months.


Assuming that five people a year were convicted of this offense and that they each received and served a minimum sentence of 114 months, given that the average annual cost of incarceration is $22,000, the cost for incarcerating offenders convicted of this crime would be $1,045,000. Assuming that five people a year were convicted of this offense and that they each received a sentence within the lower minimum range, costs for incarceration would be incurred by local units of government.


Date Completed: 10-14-99 - Fiscal Analyst: K. FirestoneFloor\hb4354 - Bill Analysis @ http://www.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.