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.