SB-0462, As Passed House, May 30, 2012

SUBSTITUTE FOR

SENATE BILL NO. 462

     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 has reasonable

suspicion of an act prohibited by this section immediately shall

report the matter suspicion to the nursing home administrator or

nursing director and to the department in the manner required by

subsection (8). A nursing home administrator or nursing director

who becomes aware has reasonable suspicion of an act prohibited by

this section immediately shall report the matter suspicion by

telephone to the department of public health, which in turn shall

notify the department of social services. and 1 or more law

enforcement entities in the manner required by subsection (8).

     (3) Any person individual 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 has reasonable suspicion of an act

prohibited by this section shall report the act suspicion to the

department and 1 or more law enforcement entities in the manner

required by subsection (8).

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

department shall make an investigation. The department may require

the person individual making the report to submit a written report

or to supply additional information, or both.

     (6) A nursing home employee, 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.

     (7) An individual required to report an act or a reasonable

suspicion under subsections (2) to (4) is not required to report

the act or suspicion to the department or 1 or more local law

enforcement entities if the individual knows that another

individual has already reported the act or suspicion as required by

this section.

     (8) An individual required to report a reasonable suspicion of

an act prohibited by this section shall report the suspicion as

follows:

     (a) If the act that causes the suspicion results in serious

bodily injury to the patient, the individual shall report the

suspicion immediately, but not more than 2 hours after forming the

suspicion.

     (b) If the act that causes the suspicion does not result in

serious bodily injury to the patient, the individual shall report

the suspicion not more than 24 hours after forming the suspicion.