HB-6026, As Passed House, November 10, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 6026

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 7403a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 7403a. (1) A person shall not fraudulently obtain or

attempt to obtain a controlled substance or a prescription for a

controlled substance from a health care provider.

     (2) The following privileges do not apply to medical records

or information released or made available under subsection (1):

     (a) The physician-patient privilege created in section 2157 of

the revised judicature act of 1961, 1961 PA 236, MCL 600.2157.

     (b) The dentist-patient privilege created in section 16648.

     (c) Any other health professional-patient privilege created or

recognized by law.

     (3) To the extent not protected by the immunity conferred by

1964 PA 170, MCL 691.1401 to 691.1419, an individual who in good

faith provides access to medical records or information under this

section is immune from civil or administrative liability arising

from that conduct, unless the conduct was gross negligence or

willful and wanton misconduct.

     (4) A person who violates this section is guilty of a crime as

follows:

     (a) Except as provided in subdivision (b) and subsection (5),

the person is guilty of a misdemeanor punishable by imprisonment

for not more than 90 days or a fine of not more than $500.00, or

both.

     (b) A person who obtains or attempts to obtain a controlled

substance or a prescription for a controlled substance in violation

of this section using benefits under medicare or medicaid is guilty

of a felony punishable by imprisonment for not more than 4 years or

a fine of not more than $5,000.00, or both.

     (5) The court may place a person who has not previously been

convicted of violating this section on probation subject to the

terms and conditions set forth in section 7411.

     (6) The court may order any person convicted of violating this

section to undergo screening and assessment by a person or agency

designated by the bureau of substance abuse and addiction services,

to determine whether the person is likely to benefit from

rehabilitative services, including alcohol or drug education and

alcohol or drug treatment programs. As part of the sentence imposed

under this section, the court may order the person to participate

in and successfully complete 1 or more appropriate rehabilitative

programs. The person shall pay for the costs of the screening,

assessment, and rehabilitative services. Failure to complete a

program shall be considered a violation of the terms of the

probation.

     (7) This section does not prohibit the person from being

charged with, convicted of, or sentenced for any other violation of

law arising out of the violation of this section.

     (8) As used in this section, "health care provider" means that

term as defined in section 9206.