HB-6026, As Passed Senate, December 3, 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.
House Bill No. 6026 as amended December 2, 2010
(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 << >> subsection (5),
the person is guilty of a <<felony>> punishable by imprisonment
for not more than <<4 years>> or a fine of not more than <<$5000.00>>,
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.