THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.430 Prohibited conduct by licensed health care professional; submission to chemical analysis; admissibility as evidence; conduct of collection and testing; other violations arising out of same transaction; good faith emergency care; order to participate in health professional recovery program; violation as misdemeanor; penalties; probation; discharge and dismissal; nonpublic record; “licensed health care professional” defined.
(1) A licensed health care professional shall not do either of the following:
(a) Engage in the practice of his or her health profession with a bodily alcohol content of .05 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Engage in the practice of his or her health profession while he or she is under the influence of a controlled substance and, due to the illegal or improper use of the controlled substance, his or her ability to safely and skillfully engage in the practice of his or her health profession is visibly impaired.
(2) A peace officer who has reasonable cause to believe an individual violated subsection (1) may require the individual to submit to a chemical analysis of his or her breath, blood, or urine. Before an individual is required to submit to a chemical analysis under this subsection, the peace officer shall inform the individual of all of the following:
(a) The individual may refuse to submit to the chemical analysis, but if he or she refuses, the officer may obtain a court order requiring the individual to submit to a chemical analysis.
(b) If the individual submits to the chemical analysis, he or she may obtain a chemical analysis from a person of his or her own choosing.
(3) The failure of a peace officer to comply with the requirements of subsection (2) renders the results of a chemical analysis inadmissible as evidence in a criminal prosecution for violating this section, in a civil action arising out of a violation of this section, or in any administrative proceeding arising out of a violation of this section.
(4) The collection and testing of breath, blood, or urine specimens under this section shall be conducted in the same manner that breath, blood, or urine specimens are collected and tested for alcohol-related and controlled substance-related driving violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(5) This section does not prohibit the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section in lieu of being charged with, convicted of, or sentenced for the violation of this section.
(6) This section does not apply to a licensed health care professional who in good faith renders emergency care without compensation at the scene of an emergency unless the acts or omissions by the licensed health care professional amount to gross negligence or willful and wanton misconduct.
(7) If an individual is convicted under this section, the court shall order that individual to participate in the health professional recovery program established under section 16167 of the public health code, 1978 PA 368, MCL 333.16167.
(8) An individual who violates this section is guilty of a misdemeanor punishable as follows:
(a) For a first offense, by imprisonment for not more than 180 days or a fine of not more than $1,000.00, or both.
(b) For a second or subsequent offense, by imprisonment for not more than 1 year or a fine of not less than $1,000.00 or more than $2,500.00, or both.
(9) If the individual's conduct did not result in physical harm or injury to the patient and the individual has not been convicted previously for violating this section, the court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney, may defer further proceedings and place the accused on probation upon terms and conditions that shall include, but are not limited to, participation in the health professional recovery program established under section 16167 of the public health code, 1978 PA 368, MCL 333.16167. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided under subsection (8). Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and are not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including additional penalties imposed for second or subsequent convictions under this subsection. There may only be 1 discharge and dismissal under this section as to an individual. Unless the court enters a judgment of guilt under this subsection, the records and identifications division of the department of state police shall retain a nonpublic record of the arrest, court proceedings, and disposition under this subsection. This record shall only be furnished to any of the following:
(a) To the courts of this state, law enforcement personnel, and prosecuting attorneys upon request for the purpose of showing whether the individual accused of violating this section has already once utilized this subdivision.
(b) To the courts of this state, law enforcement personnel, and prosecuting attorneys upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.
(c) To the courts of this state, law enforcement personnel, the department of corrections, and prosecuting attorneys for use only in the performance of their duties or to determine whether an employee of the department of corrections has violated his or her conditions of employment or whether an applicant meets criteria for employment with the department of corrections.
(10) As used in this section, "licensed health care professional" means an individual licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
History: 1931, Act 328, Eff. Sept. 18, 1931
CL 1948, 750.430
Am. 2002, Act 672, Eff. Mar. 31, 2003
Am. 2003, Act 235, Eff. Mar. 30, 2004
Am. 2004, Act 223, Eff. Jan. 1, 2005
Am. 2013, Act 224, Eff. Jan. 1, 2014
Former Law: See section 4 of Ch. 159 of R.S. 1846, being CL 1857, § 5889; CL 1871, § 7729; How., § 9318; CL 1897, § 11407; CL 1915, § 15125; and CL 1929, § 16694.
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