SB-1414, As Passed Senate, September 17, 2008
June 25, 2008, Introduced by Senators OLSHOVE, GEORGE and SCOTT and referred to the Committee on Transportation.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 5124.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5124. (1) A physician has no affirmative obligation to
report to the secretary of state or warn third parties regarding
any knowledge concerning a person'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,
but may voluntarily do so. A physician choosing 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 may make a report under this section and
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 shall recommend
that the suspension be for at least 6 months or longer as
determined appropriate by the physician with regard to a routine
operator's permit, and in the case of a patient holding a
commercial license, the period of recommended suspension shall be
at least 12 months or longer as determined appropriate by the
physician.
(3) A physician making a report under subsection (2), acting
in good faith and exercising due care as evidenced by documenting
his or her file or medical record regarding an episode, 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.
(4) As used in this section:
(a) "Episode" means either or both 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.
(ii) An experience derived from a condition that causes an
impairment of an individual's driving judgment.
(b) "Physician" means that term as defined under part 170 or
175.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1415
of the 94th Legislature is enacted into law.