SB-0462, As Passed House, May 30, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 462

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 21771 (MCL 333.21771).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 becomes aware has reasonable

 

suspicion of an act prohibited by this section immediately shall

 

report the matter suspicion to the nursing home administrator or

 

nursing director and to the department in the manner required by

 

subsection (8). A nursing home administrator or nursing director

 

who becomes aware has reasonable suspicion of an act prohibited by

 


this section immediately shall report the matter suspicion by

 

telephone to the department of public health, which in turn shall

 

notify the department of social services. and 1 or more law

 

enforcement entities in the manner required by subsection (8).

 

     (3) Any person individual may report a violation of this

 

section to the department.

 

     (4) A physician or other licensed health care personnel of a

 

hospital or other health care facility to which a patient is

 

transferred who becomes aware has reasonable suspicion of an act

 

prohibited by this section shall report the act suspicion to the

 

department and 1 or more law enforcement entities in the manner

 

required by subsection (8).

 

     (5) Upon receipt of a report made under this section, the

 

department shall make an investigation. The department may require

 

the person 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 subsections (2) to (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.

 

     (8) An individual required to report a reasonable suspicion of

 


an act prohibited by this section shall report the suspicion as

 

follows:

 

     (a) If the act that causes the suspicion results in serious

 

bodily injury to the patient, the individual shall report the

 

suspicion immediately, but not more than 2 hours after forming the

 

suspicion.

 

     (b) If the act that causes the suspicion does not result in

 

serious bodily injury to the patient, the individual shall report

 

the suspicion not more than 24 hours after forming the suspicion.