HB-6019, As Passed House, May 14, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6019

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 21771 (MCL 333.21771).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 21771. (1) A licensee, nursing home administrator, or

employee of a nursing home shall not physically, mentally, or

emotionally abuse, mistreat, or harmfully neglect a patient.

     (2) A nursing home employee who becomes aware of an act

prohibited by this section immediately shall report the matter to

the nursing home administrator or nursing director and to the

department. A nursing home administrator or nursing director who

becomes aware of an act prohibited by this section immediately

shall report the matter by telephone to the department. of public

health, which in turn shall notify the department of social

services.

     (3) Any person may report a violation of this section to the

department.

     (4) A physician or other licensed health care personnel of a

hospital or other health care facility to which a patient is

transferred who becomes aware of an act prohibited by this section

shall report the act to the department.

     (5) Upon receipt of a report made under this section, the

department shall make an investigation. The department may require

the person making the report to submit a written report or to

supply additional information, or both.

     (6) A licensee or nursing home administrator shall not evict,

harass, dismiss, or retaliate against a patient, a patient's

representative, or an employee who makes a report under this

section.