HB-4389, As Passed Senate, May 24, 2011
March 8, 2011, Introduced by Reps. Stamas, Johnson, Liss, Denby, Roy Schmidt, Haveman, Walsh, Horn, Lyons, Melton and Haines and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16185 (MCL 333.16185), as added by 2006 PA 25.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
16185. (1) Subject to subsection (2), a physician an
individual
who provides medical care under
a special volunteer
license to engage in the practice of medicine, osteopathic medicine
and surgery, podiatric medicine and surgery, or dentistry granted
under section 16184 is not liable in a civil action for personal
injury or death proximately caused by the professional negligence
or
malpractice of the physician individual
in providing the care if
both of the following apply:
(a) The care is provided at a health facility or agency that
provides at least 75% of its care annually to medically indigent
individuals.
(b)
The physician individual does not receive and does not
intend to receive compensation for providing the care.
(2) Subsection (1) does not apply if the negligent conduct or
malpractice
of the physician individual
is gross negligence.
(3) As used in this section:
(a) "Gross negligence" means conduct so reckless as to
demonstrate a substantial lack of concern for whether an injury
results.
(b) "Medically indigent individual" means that term as defined
in section 106 of the social welfare act, 1939 PA 280, MCL 400.106.