Sec. 7403a.
(1) A person shall not fraudulently obtain or attempt to obtain a controlled substance or a prescription for a controlled substance from a health care provider.
(2) The following privileges do not apply to medical records or information released or made available under subsection (1):
(a) The physician-patient privilege created in section 2157 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2157.
(b) The dentist-patient privilege created in section 16648.
(c) Any other health professional-patient privilege created or recognized by law.
(3) To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1419, an individual who in good faith provides access to medical records or information under this section is immune from civil or administrative liability arising from that conduct, unless the conduct was gross negligence or willful and wanton misconduct.
(4) A person who violates this section is guilty of a crime as follows:
(a) Except as provided in subsection (5), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(5) The court may place a person who has not previously been convicted of violating this section on probation subject to the terms and conditions set forth in section 7411.
(6) The court may order any person convicted of violating this section to undergo screening and assessment by a person or agency designated by the bureau of substance abuse and addiction services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under this section, the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program shall be considered a violation of the terms of the probation.
(7) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law arising out of the violation of this section.
(8) As used in this section, "health care provider" means that term as defined in section 9206.
History: Add. 2010, Act 354, Imd. Eff. Dec. 22, 2010 Popular Name: Act 368
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 7 - Controlled Substances (333.7101...333.7545)
368-1978-7-74 - Part 74 Offenses and Penalties (333.7401...333.7461)
Section 333.7405 - Prohibited Conduct; Violation; Penalties.
Section 333.7406 - Violation of MCL 333.7405; Penalty.
Section 333.7407 - Prohibited Conduct; Violation as Felony; Penalty.
Section 333.7408 - Penalty Cumulative.
Section 333.7408a - Licensing Sanctions.
Section 333.7413 - Conviction of Second or Subsequent Violation; Penalty.
Section 333.7421 - Opioid-Related Overdose Fatalities; Report.
Section 333.7423 - Compliance With MCL 333.21418 Not a Violation of Article.
Section 333.7451 - “Drug Paraphernalia” Defined.
Section 333.7453 - Sale of Drug Paraphernalia Prohibited; Notice; Compliance.
Section 333.7455 - Violation of MCL 333.7453 as Misdemeanor; Penalty.
Section 333.7457 - Applicability of MCL 333.7451 to 333.7455.
Section 333.7459 - Action for Declaratory Judgment; Defendant.
Section 333.7461 - Declaratory Judgment as Complete Defense.