HOUSE BILL No. 4711


     May 19, 1999, Introduced by Reps. Scranton, Faunce, Wojno, Richner, Kowall and Law
and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 411 (MCL 750.411).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 411.  (1)  Reporting personal injuries by
             hospitals,

 2     pharmacies and physicians--It shall be the duty of every
                        A

 3    person, firm, or corporation conducting  any  A
             hospital or phar-

 4    macy in this state,  or  the person managing or in
             charge of

 5     such  A hospital or pharmacy, or THE PERSON in
             charge of  any  A

 6    ward or part of  such  A hospital  ,
              to which  any person  1 or

 7    MORE persons COME OR ARE BROUGHT suffering from  any
              A wound or

 8    other injury inflicted by means of a knife, gun, pistol, or other

 9    deadly weapon, or by other means of violence,  shall come or
             be

10     brought,  HAS A DUTY to report  the same
                        THAT FACT immediately,



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 1    both by telephone and in writing, to the chief of police or other

 2    head of the police force of the village or city in which 
             such 

 3    THE hospital or pharmacy is located, or to the COUNTY sheriff
              of

 4     the county, if such  IF THE hospital or pharmacy is
                       located out-

 5    side the incorporated limits of a village or city.  Such
              THE

 6    report shall state the name and residence of  such 
             THE person,

 7    if known, his OR HER whereabouts, and the character and extent of

 8     such  THE injuries.  It shall also be the
             duty of every 

 9         (2) A physician  ,  or surgeon  ,
              who has under his OR HER

10    charge or care  any  A person suffering from
              any  A wound or

11    injury  ,  inflicted in the manner  above
             mentioned, to make a

12     like report to the appropriate officers hereinabove named
                       

13    DESCRIBED IN SUBSECTION (1) HAS A DUTY TO REPORT THAT FACT IN THE

14    SAME MANNER AND TO THE SAME OFFICER AS REQUIRED BY SUBSECTION

15    (1).

16         (3)  Any  A person, firm, or corporation
              violating any pro-

17     vision of  THAT VIOLATES this section 
                       shall be  IS guilty of a

18    misdemeanor.

19         (4) TO THE EXTENT NOT PROTECTED BY THE IMMUNITY CONFERRED BY

20    1964 PA 170, MCL 691.1401 TO 691.1415, A PERSON WHO MAKES A

21    REPORT IN GOOD FAITH UNDER SUBSECTION (1) OR (2) OR WHO COOPER-

22    ATES IN GOOD FAITH IN AN INVESTIGATION, CIVIL PROCEEDING, OR

23    CRIMINAL PROCEEDING CONDUCTED AS A RESULT OF SUCH A REPORT IS

24    IMMUNE FROM CIVIL OR CRIMINAL LIABILITY THAT WOULD OTHERWISE BE

25    INCURRED BY MAKING THE REPORT OR COOPERATING IN THE INVESTIGATION

26    OR CIVIL OR CRIMINAL PROCEEDING.  A PERSON WHO MAKES A REPORT

27    UNDER SUBSECTION (1) OR (2) OR WHO COOPERATES IN AN



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 1    INVESTIGATION, CIVIL PROCEEDING, OR CRIMINAL PROCEEDING CONDUCTED

 2    AS A RESULT OF SUCH A REPORT IS PRESUMED TO HAVE ACTED IN GOOD

 3    FAITH.  THE PRESUMPTION CREATED BY THIS SUBSECTION MAY BE

 4    REBUTTED ONLY BY CLEAR AND CONVINCING EVIDENCE.

 5         (5) THE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY GRANTED

 6    UNDER SUBSECTION (4) EXTENDS ONLY TO THE ACTIONS DESCRIBED IN

 7    SUBSECTION (4) AND DOES NOT EXTEND TO ANOTHER ACT OR OMISSION

 8    THAT IS NEGLIGENT OR THAT AMOUNTS TO PROFESSIONAL MALPRACTICE, OR

 9    BOTH, AND THAT CAUSES PERSONAL INJURY OR DEATH.

10         (6) THE PHYSICIAN-PATIENT PRIVILEGE CREATED UNDER SECTION

11    2157 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL

12    600.2157, A HEALTH PROFESSIONAL-PATIENT PRIVILEGE CREATED UNDER

13    ARTICLE 15 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.16101

14    TO 333.18838, AND ANY OTHER HEALTH PROFESSIONAL-PATIENT PRIVILEGE

15    CREATED OR RECOGNIZED BY LAW DO NOT APPLY TO A REPORT MADE UNDER

16    SUBSECTION (1), ARE NOT VALID REASONS FOR A FAILURE TO COMPLY

17    WITH SUBSECTION (1), AND ARE NOT A DEFENSE TO A MISDEMEANOR

18    CHARGE FILED UNDER THIS SECTION.

19         Enacting section 1.  This amendatory act takes effect

20    September 1, 1999.

















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