Bill Text: MI SB0696 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crimes; other; reporting of burn injuries by medical personnel; require under certain circumstances. Amends sec. 411 of 1931 PA 328 (MCL 750.411).
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2016-03-10 - Referred To Committee On Insurance [SB0696 Detail]
Download: Michigan-2015-SB0696-Introduced.html
SENATE BILL No. 696
January 13, 2016, Introduced by Senators JOHNSON, JONES, KNEZEK, HERTEL and ANANICH 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), 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, 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.
(2) 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 burn injury has a duty to report that fact immediately, both
by telephone and in writing, to the arson or fire investigation
unit 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, if 1
or more of the following circumstances are present:
(a) There is evidence that a fire accelerant was used in the
incident causing the burn injury and there is a reasonable
suspicion that the person suffering from the burn injury committed
arson.
(b) An interview with the burn victim creates a reasonable
suspicion that he or she committed arson.
(c) Treatment for the injury was sought after an unreasonable
delay in time.
(3) The report made under subsection (2) shall state the name
and residence of the person suffering from the burn injury, 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.
(4)
(2) A physician or surgeon who has under his or her
charge
or
care a person suffering from a wound, or injury, or burn
inflicted in the manner described in subsection (1) or (2) has a
duty
to report that fact in the same manner and to the same officer
law
enforcement officers as required by subsection
subsections (1)
and (2).
(5) (3)
A person, firm, or corporation that
violates this
section is guilty of a misdemeanor.
(6) (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), (3), or
(4) or who cooperates in good faith in an investigation, civil
proceeding, or criminal proceeding conducted as a result of such a
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), (3), or (4) or who
cooperates
in an investigation, civil proceeding, or criminal proceeding
conducted as a result of such a report is presumed to have acted in
good faith. The presumption created by this subsection may be
rebutted only by clear and convincing evidence.
(7) (5)
The immunity from civil and
criminal liability granted
under
subsection (4) (6) extends only to the actions described in
subsection
(4) (6) 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.
(8) (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), (3), or (4), are not valid
reasons for a
failure
to comply with subsection (1), or (2), (3), or (4), and are
not a defense to a misdemeanor charge filed under this section.
