SENATE BILL NO. 756


   September 28, 1999, Introduced by Senators BULLARD, YOUNG, 
        MC COTTER and MC MANUS 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).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 411.  Reporting personal injuries by hospitals,
             phar-

 2     macies and physicians--It shall be the duty of every person,
                       firm

 3     or corporation conducting any hospital or pharmacy in this
                       state,

 4     or the person managing or in charge of such hospital or
                       pharmacy,

 5     or in charge of any ward or part of such hospital, to which
                       any

 6     person or persons suffering from any wound or other injury

 7     inflicted by means of a knife, gun, pistol or other deadly

 8     weapon, or by other means of violence shall come or be
                       brought,

 9     to report the same immediately, both by telephone and in
                       writing,

10     to the chief of police or other head of the police force of
                       the

11     village or city in which such hospital or pharmacy is
                       located, or


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 1    to the sheriff of the county, if such hospital or pharmacy
             is

 2     located outside the incorporated limits of a village or
                       city.

 3     Such report shall state the name and residence of such
                       person, if

 4     known, his whereabouts and the character and extent of such

 5     injuries.  It shall also be the duty of every physician, or
                       sur-

 6     geon, who has under his charge or care any person suffering
                       from

 7     any wound or injury, inflicted in the manner above
                       mentioned, to

 8     make a like report to the appropriate officers hereinabove

 9     named.

10          Any person, firm or corporation violating any provision
                       of

11     this section shall be guilty of a misdemeanor. 

12         (1) IF AN INDIVIDUAL SUFFERING FROM AN INJURY INFLICTED BY A

13    FIREARM, KNIFE, OR OTHER DEADLY WEAPON OR BY OTHER VIOLENT MEANS

14    PRESENTS FOR TREATMENT AT A HOSPITAL, AT THE PRIVATE PRACTICE

15    OFFICE OF A PHYSICIAN, OR AT A PHARMACY, THE PHYSICIAN OR A

16    HEALTH PROFESSIONAL OR OTHER INDIVIDUAL EMPLOYED BY OR UNDER CON-

17    TRACT TO THE PHYSICIAN OR THE HOSPITAL, INCLUDING BUT NOT LIMITED

18    TO AN OFFICER OF THE HOSPITAL, OR THE PHARMACIST OR ANOTHER INDI-

19    VIDUAL EMPLOYED BY OR UNDER CONTRACT TO THE PHARMACY SHALL IMME-

20    DIATELY REPORT THAT FACT TO THE STATE POLICE OR TO THE LOCAL LAW

21    ENFORCEMENT AGENCY WITH JURISDICTION OVER THE PLACE WHERE THE

22    INJURY OCCURRED.  IF IT IS UNKNOWN WHERE THE INJURY OCCURRED, THE

23    REPORT SHALL BE MADE TO THE STATE POLICE OR TO A LOCAL LAW

24    ENFORCEMENT AGENCY WITH JURISDICTION OVER THE LOCAL GOVERNMENTAL

25    UNIT IN WHICH THE HOSPITAL, PRIVATE PRACTICE OFFICE, OR PHARMACY

26    IS LOCATED.





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 1         (2) THE REPORT REQUIRED UNDER SUBSECTION (1) SHALL BE MADE

 2    BOTH ORALLY AND IN WRITING AND SHALL CONTAIN AT A MINIMUM THE

 3    NAME AND ADDRESS OF THE INJURED INDIVIDUAL, IF KNOWN, AND THE

 4    NATURE AND EXTENT OF THE INJURY.

 5         (3) AN INDIVIDUAL WHO VIOLATES SUBSECTION (1) IS GUILTY OF A

 6    MISDEMEANOR.

 7         (4) AS USED IN THIS SECTION:

 8         (A) "HOSPITAL" MEANS A HOSPITAL LICENSED UNDER ARTICLE 17 OF

 9    THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.20101 TO 333.22260.

10         (B) "PHARMACIST" MEANS AN INDIVIDUAL LICENSED TO ENGAGE IN

11    THE PRACTICE OF PHARMACY UNDER ARTICLE 15 OF THE PUBLIC HEALTH

12    CODE, 1978 PA 368, MCL 333.16101 TO 333.18838.

13         (C) "PHARMACY" MEANS A BUILDING OR PART OF A BUILDING IN

14    WHICH THE PRACTICE OF PHARMACY IS CONDUCTED AND THAT IS LICENSED

15    UNDER ARTICLE 15 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL

16    333.16101 TO 333.18838.

17         (D) "PHYSICIAN" MEANS AN INDIVIDUAL LICENSED TO PRACTICE

18    MEDICINE OR OSTEOPATHIC MEDICINE AND SURGERY UNDER ARTICLE 15 OF

19    THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.16101 TO 333.18838.



















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