Act No. 49

Public Acts of 2006

Approved by the Governor

March 9, 2006

Filed with the Secretary of State

March 9, 2006

EFFECTIVE DATE: March 9, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Rep. Robertson

ENROLLED HOUSE BILL No. 5245

AN ACT to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending section 1445 (MCL 600.1445).

The People of the State of Michigan enact:

Sec. 1445. (1) If a court, board or commission, or other public body or officer orders an individual to submit to a physical examination, the order shall notify the individual that he or she has the right to have his or her attorney present at the physical examination.

(2) Except as otherwise determined by the court, board or commission, or other public body or officer, the order may provide that the individual shall, at least 3 days prior to the date set for the examination, be paid a fee of $2.00 per diem for attendance and paid a mileage fee of 10 cents per mile, 1 way, estimated from the individual's residence. The court, board or commission, or other public body or officer may determine the per diem fees and mileage fees that the individual is entitled to receive.

(3) A copy of any written report and findings rendered by the examining licensed physician, licensed physician's assistant, or certified nurse practitioner relative to the condition of the individual shall be delivered forthwith to the individual or his or her attorney. X-rays, cardiograms, and like diagnostic aids shall be made available for inspection by the individual or his or her designated representative, upon reasonable notice. This subsection 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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor