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Michigan Compiled Laws Complete Through PA 19 of 2024
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Section 333.21771

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978


333.21771 Abusing, mistreating, or neglecting patient; reports; investigation; retaliation prohibited; exception to report requirement.

Sec. 21771.

  (1) A licensee, nursing home administrator, or employee of a nursing home shall not physically, mentally, or emotionally abuse, mistreat, or harmfully neglect a patient.
  (2) A nursing home employee who has reasonable suspicion of an act prohibited by this section shall report the suspicion to the nursing home administrator or nursing director and to the department as required by federal regulations. A nursing home administrator or nursing director who has reasonable suspicion of an act prohibited by this section shall report the suspicion by telephone to the department and 1 or more law enforcement entities as required by federal regulations.
  (3) Any individual may report a violation of this section to the department.
  (4) A physician or other licensed health care personnel who has reasonable suspicion of an act prohibited by this section shall report the suspicion to the department and 1 or more law enforcement entities as required by federal regulations.
  (5) On the receipt of a report made under this section, the department shall make an investigation. The department may require the individual making the report to submit a written report or to supply additional information, or both.
  (6) A nursing home employee, licensee, or nursing home administrator shall not evict, harass, dismiss, or retaliate against a patient, a patient's representative, or an employee who makes a report under this section.
  (7) An individual required to report an act or a reasonable suspicion under subsection (2) or (4) is not required to report the act or suspicion to the department or 1 or more local law enforcement entities if the individual knows that another individual has already reported the act or suspicion as required by this section.
  
  


History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2012, Act 174, Imd. Eff. June 19, 2012 ;-- Am. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name: Act 368




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