April 13, 2010, Introduced by Rep. Neumann and referred to the Committee on Health Policy.
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 obtain or attempt to obtain
a controlled substance or a prescription for a controlled substance
from a health care provider by falsely, and with the intent to
deceive, informing that health care provider that he or she has not
obtained any controlled substance or prescription for a controlled
substance from that health care provider or from any other health
care provider within the preceding 30 days.
(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), 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) 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.
(6) As used in this section, "health care provider" means that
term as defined in section 9206.