October 28, 2009, Introduced by Senators GEORGE, BIRKHOLZ, KAHN, PAPPAGEORGE and HARDIMAN and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2157 (MCL 600.2157), as amended by 1995 PA 205.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2157. (1) Except as otherwise provided by law, a person
duly
authorized to practice medicine or
surgery shall not disclose
any information that the person has acquired in attending a patient
in a professional character, if the information was necessary to
enable the person to prescribe for the patient as a physician, or
to do any act for the patient as a surgeon.
(2) If the a patient brings an action
against any defendant to
recover for any personal injuries, or for any malpractice, and the
patient produces a physician as a witness in the patient's own
behalf who has treated the patient for the injury or for any
disease or condition for which the malpractice is alleged, the
patient
shall be is considered to have waived the privilege
provided in this section as to another physician who has treated
the patient for the injuries, disease, or condition.
(3) If a patient has died, the heirs at law of the patient,
whether
proponents or contestants of the patient's will, shall be
are considered to be personal representatives of the deceased
patient for the purpose of waiving the privilege under this section
in a contest upon the question of admitting the patient's will to
probate.
(4) If a patient has died, the beneficiary of a life insurance
policy insuring the life of the patient, or the patient's heirs at
law, may waive the privilege under this section for the purpose of
providing the necessary documentation to a life insurer in
examining a claim for benefits.
(5) If the patient is a vulnerable adult, the privilege under
this section is waived for the purpose of investigating,
prosecuting, or defending against allegations that the patient was
harmed, threatened with harm, abused, neglected, or exploited.
(6) As used in this section, "vulnerable adult" means that
term as defined in section 145m of the Michigan penal code, 1931 PA
328, MCL 750.145m.