HOUSE BILL No. 5856


     April 9, 2002, Introduced by Rep. DeWeese and referred to the Committee on Transportation.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   (MCL 257.1 to 257.923) by adding section 320d.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 320D.  (1) THE SECRETARY OF STATE HAS GOOD CAUSE TO

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        BELIEVE THAT A PERSON IS INCOMPETENT TO DRIVE A MOTOR VEHICLE

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        UNDER SECTION 320 ON THE BASIS OF, BUT NOT LIMITED TO, A REPORT

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        BY:

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             (A) A POLICE OFFICER.

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             (B) A MEMBER OF A HEALTH PROFESSION AS DEFINED UNDER SECTION

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        16105 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.16105.

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             (C) A MEMBER OF THE PERSON'S FAMILY WITHIN 3 DEGREES OF CON-

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        SANGUINITY, OR THE PERSON'S SPOUSE, WHO IS 18 YEARS OF AGE OR

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        OLDER, EXCEPT THAT A PERSON SHALL NOT REPORT THE SAME FAMILY




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        MEMBER PURSUANT TO THIS SECTION MORE THAN ONCE DURING A 12-MONTH

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        PERIOD.

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             (2) A REPORT SHALL STATE THAT THE PERSON REASONABLY AND IN

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        GOOD FAITH BELIEVES THE PERSON CANNOT SAFELY OPERATE A MOTOR

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        VEHICLE AND MUST BE BASED UPON EITHER PERSONAL OBSERVATION OR

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        PHYSICAL EVIDENCE DESCRIBED IN THE REPORT, OR UPON AN INVESTIGA-

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        TION BY A POLICE OFFICER.  THE REPORT SHALL BE A WRITTEN DECLARA-

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        TION IN THE FORM PRESCRIBED BY THE SECRETARY OF STATE AND SHALL

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        CONTAIN THE NAME, ADDRESS, TELEPHONE NUMBER, AND SIGNATURE OF THE

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        PERSON MAKING THE REPORT.

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             (3) A MEMBER OF A HEALTH PROFESSION MAY REPORT TO THE SECRE-

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        TARY OF STATE ANY PATIENT DIAGNOSED OR ASSESSED AS HAVING A DIS-

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        ORDER OR CONDITION THAT MAY PREVENT THAT PERSON FROM SAFELY OPER-

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        ATING A MOTOR VEHICLE.  THE REPORT SHALL STATE THE DIAGNOSIS OR

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        ASSESSMENT AND WHETHER THE CONDITION IS PERMANENT OR TEMPORARY.

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        THE EXISTENCE OF A PHYSICIAN-PATIENT RELATIONSHIP DOES NOT PRE-

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        VENT THE MAKING OF A REPORT UNDER THIS SUBSECTION BY A MEDICAL

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        PROFESSIONAL.

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             (4) A PERSON WHO MAKES A REPORT IN GOOD FAITH UNDER THIS

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        SECTION IS IMMUNE FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT

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        RESULT FROM MAKING THE REPORT.  NOTWITHSTANDING SECTION 208A, THE

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        REPORTS MADE AND MEDICAL RECORDS REVIEWED AND MAINTAINED BY THE

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        SECRETARY OF STATE UNDER THIS SECTION ARE CONFIDENTIAL EXCEPT

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        UPON ORDER OF A COURT OF COMPETENT JURISDICTION.

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             (5) THE SECRETARY OF STATE SHALL KEEP RECORDS AND STATISTICS

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        OF REPORTS MADE AND ACTIONS TAKEN AGAINST DRIVER LICENSES UNDER

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        THIS SECTION.



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             (6) THE SECRETARY OF STATE SHALL DEVELOP A STANDARDIZED FORM

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        AND PROVIDE GUIDELINES FOR THE REPORTING OF CASES.  THE SECRETARY

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        OF STATE SHALL PROVIDE HEALTH CARE PROFESSIONALS AND LAW ENFORCE-

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        MENT OFFICERS WITH INFORMATION ABOUT THE PROCEDURES AUTHORIZED IN

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        THIS SECTION.

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             (7) ANY PERSON WHO KNOWINGLY VIOLATES A CONFIDENTIALITY PRO-

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        VISION OF THIS SECTION OR WHO KNOWINGLY PERMITS OR ENCOURAGES THE

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        UNAUTHORIZED USE OF A REPORT OR REPORTING PERSON'S NAME IN VIOLA-

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        TION OF THIS SECTION IS GUILTY OF A MISDEMEANOR.

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             (8) A PERSON WHO INTENTIONALLY FILES A FALSE REPORT UNDER

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        THIS SECTION IS GUILTY OF A MISDEMEANOR.

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             (9) A PERSON WHOSE CONDITION IS TEMPORARY IN NATURE AS

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        REPORTED UNDER SUBSECTION (3) MAY APPEAL TO THE SECRETARY OF

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        STATE FOR REINSTATEMENT OF HIS OR HER LICENSE.  THE REQUEST SHALL

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        BE IN WRITING AND ACCOMPANIED BY A STATEMENT FROM A HEALTH CARE

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        PROFESSIONAL WITH THE SAME OR SIMILAR LICENSE AS THE HEALTH CARE

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        PROFESSIONAL WHO MADE THE INITIAL REPORT RESULTING IN THE LIMITA-

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        TION OR LOSS OF THE DRIVER LICENSE.  APPEALS UNDER THIS SECTION

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        SHALL FOLLOW THE APPEAL PROCEDURES IN SECTION 322.



















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