May 5, 2010, Introduced by Rep. Moore and referred to the Committee on Regulatory Reform.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 411 (MCL 750.411), as amended by 2000 PA 339.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411. (1) A person, firm, or corporation conducting a
hospital or pharmacy in this state, the person managing or in
charge of a hospital or pharmacy, or the person in charge of a ward
or part of a hospital to which 1 or more persons come or are
brought suffering from a wound or other injury inflicted by means
of a knife, gun, pistol, or other deadly weapon, or by other means
of violence, or by fireworks or pyrotechnics, has a duty to report
that fact immediately, both by telephone and in writing, to the
chief of police or other head of the police force of the village or
city in which the hospital or pharmacy is located, or to the county
sheriff if the hospital or pharmacy is located outside the
incorporated limits of a village or city. The report shall state
the name and residence of the person, if known, his or her
whereabouts, and the cause, character, and extent of the injuries
and may state the identification of the perpetrator, if known. If
the wound or injury was inflicted or caused by fireworks or
pyrotechnics, a report under this subsection shall be made to the
state fire marshal in the manner and on a form as prescribed by the
state fire marshal.
(2) A physician or surgeon who has under his or her charge or
care a person suffering from a wound or injury inflicted in the
manner described in subsection (1) has a duty to report that fact
in the same manner and to the same officer as required by
subsection (1).
(3) A person, firm, or corporation that violates this section
is guilty of a misdemeanor.
(4) To the extent not protected by the immunity conferred by
1964
PA 170, MCL 691.1401 to 691.1415 691.1419, a person who makes
a report in good faith under subsection (1) or (2) or who
cooperates in good faith in an investigation, civil proceeding, or
criminal
proceeding conducted as a result of such a the report
is
immune from civil or criminal liability that would otherwise be
incurred by making the report or cooperating in the investigation
or civil or criminal proceeding. A person who makes a report under
subsection (1) or (2) or who cooperates in an investigation, civil
proceeding,
or criminal proceeding conducted as a result of such a
the report is presumed to have acted in good faith. The presumption
created by this subsection may be rebutted only by clear and
convincing evidence.
(5) The immunity from civil and criminal liability granted
under subsection (4) extends only to the actions described in
subsection (4) and does not extend to another act or omission that
is negligent or that amounts to professional malpractice, or both,
and that causes personal injury or death.
(6) The physician-patient privilege created under section 2157
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2157, a
health professional-patient privilege created under article 15 of
the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,
and any other health professional-patient privilege created or
recognized by law do not apply to a report made under subsection
(1) or (2), are not valid reasons for a failure to comply with
subsection (1) or (2), and are not a defense to a misdemeanor
charge filed under this section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6134(request no.
04032'09 *) of the 95th Legislature is enacted into law.