HOUSE BILL No. 6174


     September 23, 1998, Introduced by Rep. Profit and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending sections 16648, 18117, and 18237 (MCL 333.16648,

   333.18117, and 333.18237), as amended by 1993 PA 79.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 16648.  (1)  Information  EXCEPT AS OTHERWISE PROVIDED

 2    IN SUBSECTION (2), INFORMATION relative to the care and treatment

 3    of a dental patient acquired as a result of providing profes-

 4    sional dental services  shall be  IS confidential and

 5    privileged.  Except with the written consent of the patient or

 6    the patient's attorney in fact or personal representative, a den-

 7    tist or  a person  AN INDIVIDUAL employed by the dentist shall

 8    not disclose or be required to disclose  that  THE information

 9    DESCRIBED IN THIS SUBSECTION.




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 1         (2)  This section  SUBSECTION (1) does not prohibit

 2    disclosure of the information described in subsection (1) in the

 3    following instances:

 4         (a) Disclosure as part of the defense to a claim in a court

 5    or administrative agency challenging the dentist's professional

 6    competence.

 7         (b) Disclosure pursuant to  Act No. 270 of the Public Acts

 8     of 1967, being sections 331.531 to 331.533 of the Michigan

 9     Compiled Laws  1967 PA 270, MCL 331.531 TO 331.533.

10         (c) Disclosure in relation to a claim for payment of fees.

11         (d) Disclosure to a third party payer of information relat-

12    ing to fees for services in the course of a good faith examina-

13    tion of the dentist's records to determine the amount and cor-

14    rectness of fees or the type and volume of services furnished

15    pursuant to provisions for payment established by a third party

16    payer, or information required for a third party payer's prede-

17    terminations, post treatment reviews, or audits.  For purposes of

18    this subdivision, "third party payer" includes a nonprofit dental

19    care corporation, nonprofit health care corporation, insurer,

20    benefit fund, health maintenance organization, and  a  dental

21    capitation plan.

22         (e) Disclosure, pursuant to a court order, to a police

23    agency as part of a criminal investigation.

24         (f) Disclosure as provided in section 2844a.

25         (g) Disclosure made pursuant to section 16222 if the

26    licensee reasonably believes it is necessary to disclose the

27    information to comply with section 16222.



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 1         (H) DISCLOSURE MADE PURSUANT TO SECTION 103 OF THE REVISED

 2    PROBATE CODE, 1978 PA 642, MCL 700.103.

 3         Sec. 18117.  (1) For the purposes of this part, the confi-

 4    dential relations and communications between a licensed profes-

 5    sional counselor or a limited licensed counselor and a client of

 6    the licensed professional counselor or a limited licensed coun-

 7    selor are privileged communications.  , and nothing  NOTHING in

 8    this part requires  any  SUCH A privileged communication to be

 9    disclosed, except as otherwise provided by  law.  Confidential

10     information  SUBSECTION (2) OR OTHER STATUTE OR ADMINISTRATIVE

11    RULE.

12         (2) INFORMATION MADE PRIVILEGED UNDER SUBSECTION (1) may be

13    disclosed only  upon  UNDER 1 OR MORE OF THE FOLLOWING

14    CIRCUMSTANCES:

15         (A) UPON consent of the client.  or pursuant 

16         (B) PURSUANT to section 16222 if the licensee reasonably

17    believes it is necessary to disclose the information to comply

18    with section 16222.

19         (C) PURSUANT TO SECTION 103 OF THE REVISED PROBATE CODE,

20    1978 PA 642, MCL 700.103.

21         Sec. 18237.  (1)  A  EXCEPT AS OTHERWISE PROVIDED IN SUBSEC-

22    TION (2) OR (3), A psychologist licensed or allowed to use the

23    title under this part or an individual under  his or her  THE

24    PSYCHOLOGIST'S supervision  shall not  CANNOT be compelled to

25    disclose confidential information acquired from an individual

26    consulting the psychologist in his or her professional capacity





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 1     and which  IF THE information is necessary to enable the

 2    psychologist to render PROFESSIONAL PSYCHOLOGICAL services.

 3         (2) Information DESCRIBED IN SUBSECTION (1) may be disclosed

 4     with  UNDER 1 OR MORE OF THE FOLLOWING CIRCUMSTANCES:

 5         (A) WITH the consent of the individual consulting THE

 6    PSYCHOLOGIST, or if the individual consulting THE PSYCHOLOGIST is

 7    a minor, with the consent of the minor's PARENT OR guardian.  ,

 8     or pursuant 

 9         (B) PURSUANT to section 16222 if the psychologist reasonably

10    believes it is necessary to disclose the information to comply

11    with section 16222.

12         (C) PURSUANT TO SECTION 103 OF THE REVISED PROBATE CODE,

13    1978 PA 642, MCL 700.103.

14         (3) In a contest on the admission of a deceased individual's

15    will to probate, an heir at law of the decedent, whether a propo-

16    nent or contestant of the will, and the personal representative

17    of the decedent may waive the privilege created by  this section 

18    SUBSECTION (1).

19         Enacting section 1.  This amendatory act does not take

20    effect unless Senate Bill No. _____ or House Bill No. _____

21    (request no. 06276'98) of the 89th Legislature is enacted into

22    law.













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