2003 House Bill 4656 / Public Act 235

Introduced in the House

May 7, 2003

Introduced by Rep. Gary Newell (R-87)

To specify that it is a crime for a licensed medical professional whose blood-alcohol-content (BAC) exceeds .08 grams per 100 milliliters of blood to perform treatment on a patient. Current law contains the phrase “state of intoxication” rather than a specific measure of drunkenness. A BAC of .10 constitutes drunk driving drunk driving in Michigan.

Referred to the Committee on Health Policy

Sept. 30, 2003

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Oct. 16, 2003

Substitute offered

To replace the previous version of the bill with one which also makes it a misdemeanor for a health professional to practice with a blood alcohol content (BAC) of .05 or more grams, or if impaired by use of a controlled.

The substitute passed by voice vote

Amendment offered by Rep. Stephen Ehardt (R-83)

To authorize a court to dismiss and discharge a first misconduct offense if it did not result in harm and if the medical professional completes a health professional substance abuse recovery program. The person's public record would not show the violation, but the record could be opened if there was another violation.

The amendment passed by voice vote

Passed in the House 105 to 0 (details)

To specify that it is a crime for a licensed medical professional whose blood-alcohol-content (BAC) exceeds .08 grams per 100 milliliters of blood to perform treatment on a patient. Current law contains the phrase “state of intoxication” rather than a specific measure of drunkenness. A BAC of .08 constitutes drunk driving drunk driving in Michigan. The bill would also make it a misdemeanor for a medical professional to practice with a BAC of .05 or more grams, or if impaired by use of a controlled.

Received in the Senate

Oct. 21, 2003

Referred to the Committee on Health Policy

Dec. 9, 2003

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dec. 18, 2003

Substitute offered

To replace the previous version of the bill with one which establishes that a medical professional gives "implied consent" to submit to a chemical analysis of his or her breath, blood, or urine if a peace officer has reasonable cause to believe the individual is engaging in the prohibited activities.

The substitute passed by voice vote

Passed in the Senate 38 to 0 (details)

To specify that it is a crime for a licensed medical professional whose blood-alcohol-content (BAC) exceeds .08 grams per 100 milliliters of blood to perform treatment on a patient. Current law contains the phrase “state of intoxication” rather than a specific measure of drunkenness. A BAC of .08 constitutes drunk driving drunk driving in Michigan. The bill would also make it a misdemeanor for a medical professional to practice with a BAC of .05 or more grams, or if impaired by use of a controlled.

Received in the House

Dec. 18, 2003

Passed in the House 108 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

Dec. 23, 2003