SB-0402, As Passed House, November 29, 2012

SUBSTITUTE FOR

SENATE BILL NO. 402

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 5139.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5139. (1) A physician or an optometrist has no

affirmative obligation to but may voluntarily report to the

secretary of state or warn third parties regarding a patient's

mental and physical qualifications to operate a motor vehicle in a

manner as not to jeopardize the safety of persons and property due

to an episode. A physician or an optometrist who chooses not to

make a report to the secretary of state or warn third parties as

provided for under this subsection is immune from any criminal or

civil liability to the patient or third party that may have been

injured by the patient's actions.

     (2) A physician or an optometrist may make a report under this

section and submit that report to the secretary of state for the

purpose of initiating or contributing to an examination of an

applicant's physical and mental qualifications to operate a motor

vehicle in a manner as not to jeopardize the safety of persons and

property pursuant to section 309 of the Michigan vehicle code, 1949

PA 300, MCL 257.309. In making that report, the physician or

optometrist shall recommend a period of suspension as determined

appropriate by the physician or optometrist as follows:

     (a) In the case of a patient holding an operator's license,

that the suspension be for at least 6 months or longer.

     (b) In the case of a patient holding a commercial license,

that the suspension be for at least 12 months or longer.

     (3) A physician or an optometrist making a report under

subsection (2), acting in good faith and exercising due care as

evidenced by documenting his or her file or medical record

regarding an episode, is immune from any civil or criminal

liability resulting from the report to the patient or a third party

that may have been injured by the patient's actions.

     (4) As used in this section:

     (a) "Episode" means any of the following:

     (i) An experience derived from a condition that causes or

contributes to loss of consciousness, blackout, seizure, a fainting

spell, syncope, or any other impairment of the level of

consciousness.

     (ii) An experience derived from a condition that causes an

impairment of an individual's driving judgment.

     (iii) An experience derived from an impairment of an

individual's vision.

     (b) "Optometrist" means that term as defined under part 174.

     (c) "Physician" means that term as defined under part 170 or

175.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 403 of the 96th Legislature is enacted into

law.