HOUSE BILL No. 4354


     March 2, 1999, Introduced by Reps. Gosselin, Kuipers, Kukuk, Patterson, Voorhees, Gilbert, Ehardt, Bishop and Bradstreet and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 217d.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 217D.  (1) AN INDIVIDUAL WHO IS NOT A PHYSICIAN WHO

 2    INTENTIONALLY AND FALSELY REPRESENTS HIMSELF OR HERSELF TO BE A

 3    PHYSICIAN, OR PRACTICES OR OFFERS TO PRACTICE AS A PHYSICIAN, IS

 4    GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN

 5    15 YEARS OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH.

 6         (2) AS USED IN THIS SECTION:

 7         (A) "PHYSICIAN" MEANS A PERSON WHO MEETS ALL REQUIREMENTS

 8    PROVIDED BY LAW TO ENGAGE IN THE PRACTICE OF ALLOPATHIC MEDICINE

 9    OR THE PRACTICE OF OSTEOPATHIC MEDICINE AND SURGERY, OR ANY OTHER

10    PRACTICE OF MEDICINE UPON HUMAN BEINGS AUTHORIZED BY LAW.




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 1         (B) "PRACTICE OF ALLOPATHIC MEDICINE" MEANS THE DIAGNOSIS,

 2    TREATMENT, PREVENTION, CURE, OR RELIEVING OF A HUMAN DISEASE,

 3    AILMENT, DEFECT, COMPLAINT, OR OTHER PHYSICAL OR MENTAL CONDI-

 4    TION, BY ATTENDANCE, ADVICE, DEVICE, DIAGNOSTIC TEST, OR OTHER

 5    MEANS.

 6         (C) "PRACTICE OF OSTEOPATHIC MEDICINE AND SURGERY" MEANS A

 7    SEPARATE, COMPLETE, AND INDEPENDENT SCHOOL OF MEDICINE AND SUR-

 8    GERY UTILIZING FULL METHODS OF DIAGNOSIS AND TREATMENT IN PHYSI-

 9    CAL AND MENTAL HEALTH AND DISEASE, INCLUDING THE PRESCRIPTION AND

10    ADMINISTRATION OF DRUGS AND BIOLOGICALS, OPERATIVE SURGERY,

11    OBSTETRICS, RADIOLOGICAL AND OTHER ELECTROMAGNETIC EMISSIONS, AND

12    PLACING SPECIAL EMPHASIS ON THE INTERRELATIONSHIP OF THE MUSCULO-

13    SKELETAL SYSTEM TO OTHER BODY SYSTEMS.































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