HB-5245, As Passed House, October 26, 2005

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5245

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 1445 (MCL 600.1445).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1445. (1)  Whenever in any proceedings before any  If a

 

court, board or commission, or other public body or officer  , an

 

order is made by such court, board or commission, or other public

 

body or officer, requiring and commanding that a person shall  

 

orders an individual to submit to a physical examination, the order

 

shall  also provide that the  notify the individual that he or she

 

has the right to have his or her attorney  for such person may be  

 

present at  such  the physical examination.  if the party to such

 

examination desires that an attorney representing him be present.  

 

     (2)  The  Except as otherwise determined by the court, board


 

or commission, or other public body or officer, the order may  also

 

recite and  provide that the  party to be examined  individual

 

shall, at least 3 days prior to the date set for  said  the

 

examination, be paid a fee of $2.00 per diem for  the day ordered

 

for  attendance  ,  and  that such party also be  paid a mileage

 

fee  at the rate  of 10 cents per mile,  going to the place at

 

attendance, to be  1 way, estimated from the individual's

 

residence.  of such party.  The court, board or commission, or

 

other public body or officer  ,  may  in its order  determine the

 

per diem fees and mileage fees  to be paid, and when so fixed, such

 

determination shall be conclusive  that the individual is entitled

 

to receive.

 

     (3) A  correct  copy of any written report and findings

 

rendered by the examining licensed physician or certified nurse

 

practitioner relative to the condition of  such person  the

 

individual shall be delivered forthwith to  such person  the

 

individual or his or her attorney. X-rays, cardiograms, and like

 

diagnostic aids shall be made available for inspection by  such

 

person or other person designated by him  the individual or his or

 

her designated representative, upon reasonable notice. This

 

subsection, as amended by the amendatory act that added this

 

sentence, does not require new or additional third party

 

reimbursement or worker's compensation benefits for services

 

rendered.

 

     (4) Notwithstanding any provision of this section, the rules

 

of the supreme court shall govern in appropriate cases.