February 13, 2008, Introduced by Reps. Meadows, Miller, Robert Jones, Constan, LeBlanc, Moss, Vagnozzi, Alma Smith, Melton, Hammel, Polidori, Brown, Young, Ebli, Valentine, Cushingberry, Bauer, Leland, Jackson, Johnson, Sak, Hopgood, Corriveau, Angerer, Warren, Bennett, Hammon, Tobocman, Espinoza, Mayes, Spade, Gonzales, Griffin, Lemmons, Wojno, Dean, Bieda, Byrnes, Byrum, McDowell, Lahti, Sheltrown, Condino, Kathleen Law, Donigan, Rick Jones, Brandenburg, Wenke, Emmons, Shaffer, Caul and Huizenga and referred to the Committee on Senior Health, Security, and Retirement.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 11a (MCL 400.11a), as amended by 1990 PA 122.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11a. (1) A person who is employed, licensed, registered,
or certified to provide health care, educational, social welfare,
mental health, or other human services; an employee of an agency
licensed to provide health care, educational, social welfare,
mental health, or other human services; a law enforcement officer;
an employee of a financial institution; or an employee of the
office of the county medical examiner who suspects or has
reasonable cause to believe that an adult has been abused,
neglected, or exploited shall make immediately, by telephone or
otherwise,
an oral report to the county department of social
services
of the county in which the abuse,
neglect, or exploitation
is suspected of having or believed to have occurred. After making
the oral report, the reporting person may file a written report
with the county department. A person described in this subsection
who
is also required to make a report pursuant to under
section
21771
of the public health code, Act No. 368 of the Public Acts of
1978,
as amended, being section 333.21771 of the Michigan Compiled
Laws
1978 PA 368, MCL 333.21771, and who makes that report is not
required
to make a duplicate report to the county department of
social
services under this section.
(2) A report made by a physician or other licensed health
professional
pursuant to under subsection (1) shall not be
considered a violation of any legally recognized privileged
communication or a violation of article 15 of the public health
code,
Act No. 368 of the Public Acts of 1978, being sections
333.16101
to 333.18838 of the Michigan Compiled Laws 1978 PA 368,
MCL 333.16101 to 333.18838.
(3) In addition to those persons required to make an oral
report under subsection (1), any person who suspects that an adult
has been abused, neglected, or exploited may make a report to the
county
department of social services of the county in which the
abuse, neglect, or exploitation is suspected of having occurred.
(4) A report made under this section shall contain the name of
the adult and a description of the abuse, neglect, or exploitation.
If possible, the report shall contain the adult's age and the names
and addresses of the adult's guardian or next of kin, and of the
persons with whom the adult resides, including their relationship
to the adult. The report shall contain other information available
to the reporting person that may establish the cause of the abuse,
neglect, or exploitation and the manner in which the abuse,
neglect, or exploitation occurred or is occurring. The county
department shall reduce to writing the information provided in an
oral
report received pursuant to under this section.
(5) The county department shall report to a police agency any
criminal activity that it believes to be occurring, upon receipt of
the oral report.
(6) This section shall not be construed as limiting the
responsibilities of the police agency of a local unit of government
to enforce the laws of this state or as precluding the police
agency from reporting and investigating, as appropriate, alleged
criminal conduct.
(7) As used in this section, "financial institution" means a
state or nationally chartered bank or a state or federally
chartered savings and loan association, savings bank, or credit
union that maintains a principal office or branch in this state.