HOUSE BILL No. 5660


     March 11, 1998, Introduced by Reps. Dalman, Nye, Scranton, Baird, Richner, Dobb, Cropsey, Curtis, Rocca, McBryde, Jansen, Frank, Law, Horton, Godchaux, Wetters, Murphy, Scott, Johnson, Middleton, Galloway, Geiger, Bodem, Bobier, Llewellyn, Oxender, Gilmer, Walberg, Birkholz, Crissman, Cassis, Jellema and Voorhees and referred to the Committee on
Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 411 (MCL 750.411).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 411.  (1)  Reporting personal injuries by hospitals,

 2     pharmacies and physicians--It shall be the duty of every  A

 3    person, firm, or corporation conducting  any  A hospital or phar-

 4    macy in this state,  or  the person managing or in charge of

 5     such  A hospital or pharmacy, or THE PERSON in charge of  any  A

 6    ward or part of  such  A hospital  ,  to which  any person  1 or

 7    MORE persons COME OR ARE BROUGHT suffering from  any  A wound or

 8    other injury inflicted by means of a knife, gun, pistol, or other

 9    deadly weapon, or by other means of violence,  shall come or be

10     brought,  HAS A DUTY to report  the same  THAT FACT immediately,

11    both by telephone and in writing, to the chief of police or other


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 1    head of the police force of the village or city in which  such 

 2    THE hospital or pharmacy is located, or to the COUNTY sheriff  of

 3     the county, if such  IF THE hospital or pharmacy is located out-

 4    side the incorporated limits of a village or city.  Such  THE

 5    report shall state the name and residence of  such  THE person,

 6    if known, his OR HER whereabouts, and the character and extent of

 7     such  THE injuries.  It shall also be the duty of every 

 8         (2) A physician  ,  or surgeon  ,  who has under his OR HER

 9    charge or care  any  A person suffering from  any  A wound or

10    injury  ,  inflicted in the manner  above mentioned, to make a

11     like report to the appropriate officers hereinabove named 

12    DESCRIBED IN SUBSECTION (1) HAS A DUTY TO REPORT THAT FACT IN THE

13    SAME MANNER AND TO THE SAME OFFICER AS REQUIRED BY SUBSECTION

14    (1).

15         (3)  Any  A person, firm, or corporation  violating any pro-

16     vision of  THAT VIOLATES this section  shall be  IS guilty of a

17    misdemeanor.

18         (4) TO THE EXTENT NOT PROTECTED BY THE IMMUNITY CONFERRED BY

19    1964 PA 170, MCL 691.1401 TO 691.1415, A PERSON WHO MAKES A

20    REPORT IN GOOD FAITH UNDER SUBSECTION (1) OR (2) OR WHO COOPER-

21    ATES IN GOOD FAITH IN AN INVESTIGATION, CIVIL PROCEEDING, OR

22    CRIMINAL PROCEEDING CONDUCTED AS A RESULT OF SUCH A REPORT IS

23    IMMUNE FROM CIVIL OR CRIMINAL LIABILITY THAT WOULD OTHERWISE BE

24    INCURRED BY MAKING THE REPORT OR COOPERATING IN THE INVESTIGATION

25    OR CIVIL OR CRIMINAL PROCEEDING.  A PERSON WHO MAKES A REPORT

26    UNDER SUBSECTION (1) OR (2) OR WHO COOPERATES IN AN

27    INVESTIGATION, CIVIL PROCEEDING, OR CRIMINAL PROCEEDING CONDUCTED



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 1    AS A RESULT OF SUCH A REPORT IS PRESUMED TO HAVE ACTED IN GOOD

 2    FAITH.  THE PRESUMPTION CREATED BY THIS SUBSECTION MAY BE

 3    REBUTTED ONLY BY CLEAR AND CONVINCING EVIDENCE.

 4         (5) THE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY GRANTED

 5    UNDER SUBSECTION (4) EXTENDS ONLY TO THE ACTIONS DESCRIBED IN

 6    SUBSECTION (4) AND DOES NOT EXTEND TO ANOTHER ACT OR OMISSION

 7    THAT IS NEGLIGENT OR THAT AMOUNTS TO PROFESSIONAL MALPRACTICE, OR

 8    BOTH, AND THAT CAUSES PERSONAL INJURY OR DEATH.

 9         (6) THE PHYSICIAN-PATIENT PRIVILEGE CREATED UNDER SECTION

10    2157 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL

11    600.2157, A HEALTH PROFESSIONAL-PATIENT PRIVILEGE CREATED UNDER

12    ARTICLE 15 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.16101

13    TO 333.18838, AND ANY OTHER HEALTH PROFESSIONAL-PATIENT PRIVILEGE

14    CREATED OR RECOGNIZED BY LAW DO NOT APPLY TO A REPORT MADE UNDER

15    SUBSECTION (1), ARE NOT VALID REASONS FOR A FAILURE TO COMPLY

16    WITH SUBSECTION (1), AND ARE NOT A DEFENSE TO A MISDEMEANOR

17    CHARGE FILED UNDER THIS SECTION.

18         Enacting section 1.  This amendatory act takes effect

19    September 1, 1998.



















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