| 1 | 1 | | SENATE BILL NO. 244 A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5139 (MCL 333.5139), as added by 2012 PA 354. the people of the state of michigan enact: Sec. 5139. (1) A physician or an optometrist has no affirmative obligation to but may voluntarily report to the secretary of state or warn third parties regarding a patient's mental and physical qualifications to operate a motor vehicle in a manner as not to jeopardize the safety of persons and property due to an episode. A physician or an optometrist who chooses not to make a report to the secretary of state or warn third parties as provided for under this subsection is immune from any criminal or civil liability to the patient or third party that may have been injured by the patient's actions. (2) A physician shall report to the secretary of state regarding a patient's mental and physical qualifications to operate a motor vehicle in a manner as not to jeopardize the safety of persons and property due to a seizure experience. (3) (2) A physician or an optometrist may make who makes a report under this section and shall submit that report to the secretary of state for the purpose of initiating or contributing to an examination of an applicant's physical and mental qualifications to operate a motor vehicle in a manner as not to jeopardize the safety of persons and property pursuant to section 309 of the Michigan vehicle code, 1949 PA 300, MCL 257.309. In making that report, the physician or optometrist shall recommend a period of suspension as determined appropriate by the physician or optometrist as follows: (a) In the case of a patient holding an operator's license, that the suspension be for at least 6 months or longer. (b) In the case of a patient holding a commercial license, that the suspension be for at least 12 months or longer. (4) (3) A physician or an optometrist making a report under subsection (2), this section, acting in good faith and exercising due care as evidenced by documenting his or her the physician's or optometrist's file or medical record regarding an episode or seizure experience, is immune from any civil or criminal liability resulting from the report to the patient or a third party that may have been injured by the patient's actions. (5) (4) As used in this section: (a) "Episode" means any of the following: (i) An experience derived from a condition that causes or contributes to loss of consciousness, blackout, seizure, a fainting spell, syncope, or any other impairment of the level of consciousness other than a seizure experience. (ii) An experience derived from a condition that causes an impairment of an individual's driving judgment. (iii) An experience derived from an impairment of an individual's vision. (b) "Optometrist" means that term as defined under part 174. (c) "Physician" means that term as defined under part 170 or 175. (d) "Seizure experience" means an experience derived from a condition that causes or contributes to a seizure. |
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| 2 | 2 | | |
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| 3 | 3 | | SENATE BILL NO. 244 |
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| 4 | 4 | | |
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| 5 | 5 | | A bill to amend 1978 PA 368, entitled |
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| 6 | 6 | | |
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| 7 | 7 | | "Public health code," |
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| 8 | 8 | | |
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| 9 | 9 | | by amending section 5139 (MCL 333.5139), as added by 2012 PA 354. |
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| 10 | 10 | | |
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| 11 | 11 | | the people of the state of michigan enact: |
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| 12 | 12 | | |
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| 13 | 13 | | Sec. 5139. (1) A physician or an optometrist has no affirmative obligation to but may voluntarily report to the secretary of state or warn third parties regarding a patient's mental and physical qualifications to operate a motor vehicle in a manner as not to jeopardize the safety of persons and property due to an episode. A physician or an optometrist who chooses not to make a report to the secretary of state or warn third parties as provided for under this subsection is immune from any criminal or civil liability to the patient or third party that may have been injured by the patient's actions. |
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| 14 | 14 | | |
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| 15 | 15 | | (2) A physician shall report to the secretary of state regarding a patient's mental and physical qualifications to operate a motor vehicle in a manner as not to jeopardize the safety of persons and property due to a seizure experience. |
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| 16 | 16 | | |
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| 17 | 17 | | (3) (2) A physician or an optometrist may make who makes a report under this section and shall submit that report to the secretary of state for the purpose of initiating or contributing to an examination of an applicant's physical and mental qualifications to operate a motor vehicle in a manner as not to jeopardize the safety of persons and property pursuant to section 309 of the Michigan vehicle code, 1949 PA 300, MCL 257.309. In making that report, the physician or optometrist shall recommend a period of suspension as determined appropriate by the physician or optometrist as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | (a) In the case of a patient holding an operator's license, that the suspension be for at least 6 months or longer. |
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| 20 | 20 | | |
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| 21 | 21 | | (b) In the case of a patient holding a commercial license, that the suspension be for at least 12 months or longer. |
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| 22 | 22 | | |
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| 23 | 23 | | (4) (3) A physician or an optometrist making a report under subsection (2), this section, acting in good faith and exercising due care as evidenced by documenting his or her the physician's or optometrist's file or medical record regarding an episode or seizure experience, is immune from any civil or criminal liability resulting from the report to the patient or a third party that may have been injured by the patient's actions. |
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| 24 | 24 | | |
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| 25 | 25 | | (5) (4) As used in this section: |
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| 26 | 26 | | |
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| 27 | 27 | | (a) "Episode" means any of the following: |
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| 28 | 28 | | |
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| 29 | 29 | | (i) An experience derived from a condition that causes or contributes to loss of consciousness, blackout, seizure, a fainting spell, syncope, or any other impairment of the level of consciousness other than a seizure experience. |
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| 30 | 30 | | |
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| 31 | 31 | | (ii) An experience derived from a condition that causes an impairment of an individual's driving judgment. |
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| 32 | 32 | | |
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| 33 | 33 | | (iii) An experience derived from an impairment of an individual's vision. |
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| 34 | 34 | | |
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| 35 | 35 | | (b) "Optometrist" means that term as defined under part 174. |
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| 36 | 36 | | |
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| 37 | 37 | | (c) "Physician" means that term as defined under part 170 or 175. |
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| 38 | 38 | | |
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| 39 | 39 | | (d) "Seizure experience" means an experience derived from a condition that causes or contributes to a seizure. |
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