Bill Text: MI SB1117 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Torts; medical malpractice; persons to whom medical malpractice provisions of the revised judicature act apply; include nonlicensed health care providers. Amends secs. 2169 & 2912 of 1961 PA 236 (MCL 600.2169 & 600.2912).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2012-11-29 - Referred To Committee On Judiciary [SB1117 Detail]
Download: Michigan-2011-SB1117-Engrossed.html
SB-1117, As Passed Senate, November 29, 2012
SENATE BILL No. 1117
May 3, 2012, Introduced by Senators MOOLENAAR, MEEKHOF and SMITH and referred to the Committee on Insurance.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2169 and 2912 (MCL 600.2169 and 600.2912),
section 2169 as amended by 1993 PA 78.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2169. (1) In an action alleging medical malpractice, a
person shall not give expert testimony on the appropriate standard
of practice or care against or on behalf of a party who is a
licensed health professional unless the person is licensed as a
health professional in this state or another state and meets the
following criteria:
(a) If the party against whom or on whose behalf the testimony
is offered is a specialist, specializes at the time of the
occurrence that is the basis for the action in the same specialty
as the party against whom or on whose behalf the testimony is
offered. However, if the party against whom or on whose behalf the
testimony is offered is a specialist who is board certified, the
expert witness must be a specialist who is board certified in that
specialty.
(b) Subject to subdivision (c), during the year immediately
preceding the date of the occurrence that is the basis for the
claim or action, devoted a majority of his or her professional time
to either or both of the following:
(i) The active clinical practice of the same health profession
in which the party against whom or on whose behalf the testimony is
offered is licensed and, if that party is a specialist, the active
clinical practice of that specialty.
(ii) The instruction of students in an accredited health
professional school or accredited residency or clinical research
program in the same health profession in which the party against
whom or on whose behalf the testimony is offered is licensed and,
if that party is a specialist, an accredited health professional
school or accredited residency or clinical research program in the
same specialty.
(c) If the party against whom or on whose behalf the testimony
is
offered is a general practitioner, the expert witness, during
the year immediately preceding the date of the occurrence that is
the basis for the claim or action, devoted a majority of his or her
professional time to either or both of the following:
(i) Active clinical practice as a general practitioner.
(ii) Instruction of students in an accredited health
professional school or accredited residency or clinical research
program in the same health profession in which the party against
whom or on whose behalf the testimony is offered is licensed.
(2) In an action alleging medical malpractice, a person shall
not give expert testimony on the appropriate standard of practice
or care against or on behalf of a party who is not a licensed
health professional unless the person meets the following criteria:
(a) Specializes at the time of the occurrence that is the
basis for the action in the same health profession as the party
against whom or on whose behalf the testimony is offered.
(b) During the year immediately preceding the date of the
occurrence that is the basis for the claim or action, devoted a
majority of his or her professional time to either or both of the
following:
(i) The active clinical practice of the same health profession
as the party against whom or on whose behalf the testimony is
offered.
(ii) The instruction of students in an accredited health
professional school or accredited residency or clinical research
program in the same health profession as the party against whom or
on whose behalf the testimony is offered.
(3) (2)
In determining the qualifications
of an expert witness
in an action alleging medical malpractice, the court shall, at a
minimum, evaluate all of the following:
(a) The educational and professional training of the expert
witness.
(b) The area of specialization of the expert witness.
(c) The length of time the expert witness has been engaged in
the active clinical practice or instruction of the health
profession or the specialty.
(d) The relevancy of the expert witness's testimony.
(4) (3)
This section does not limit the
power of the trial
court to disqualify an expert witness on grounds other than the
qualifications set forth in this section.
(5) (4)
In an action alleging medical
malpractice, an expert
witness shall not testify on a contingency fee basis. A person who
violates this subsection is guilty of a misdemeanor.
(6) (5)
In an action alleging medical
malpractice, all of the
following limitations apply to discovery conducted by opposing
counsel to determine whether or not an expert witness is qualified:
(a) Tax returns of the expert witness are not discoverable.
(b) Family members of the expert witness shall not be deposed
concerning the amount of time the expert witness spends engaged in
the practice of his or her health profession.
(c) A personal diary or calendar belonging to the expert
witness is not discoverable. As used in this subdivision, "personal
diary or calendar" means a diary or calendar that does not include
listings or records of professional activities.
Sec. 2912. (1) A civil action for malpractice may be
maintained against any person professing or holding himself or
herself out to be a member of a state licensed profession. The
rules of the common law applicable to actions against members of a
state
licensed profession , for
malpractice , are
applicable
against any person who holds himself or herself out to be a member
Senate Bill No. 1117 as amended November 29, 2012
of a state licensed profession.
(2) A civil action for medical malpractice may be maintained
against any person who is or who holds himself or herself out to be
a licensed health care professional, licensed health facility or
agency, or an employee or agent of a licensed health facility or
agency and who is engaging in or otherwise assisting in medical
care and treatment, regardless of whether the person is engaging in
the practice of the health profession in a sole proprietorship,
partnership, professional corporation, or other business entity. <<AS
USED IN THIS SUBSECTION, "LICENSED HEALTH FACILITY OR AGENCY" DOES
NOT INCLUDE A HEALTH MAINTENANCE ORGANIZATION AS THAT TERM IS
DEFINED IN SECTION 3501 OF THE INSURANCE CODE OR 1956, 1956 PA 218,
MCL 500.3501.>>
(3) (2)
Malpractice may be given in
evidence in defense to any
an
action for services rendered by the a member
of a state licensed
profession,
or a person holding himself or herself out to be a
member of a state licensed profession, or an unlicensed individual
described in subsection (2).
(4) As used in this section, "person" means an individual,
partnership, corporation, association, governmental entity, or
other legal entity.
<<Enacting section 1. Sections 2169 and 2912 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2169 and 600.2912, as
amended by this amendatory act apply only to actions in which the
cause of action arose on or after the effective date of this
amendatory act.>>
