3.6Fraudulently Obtaining or Attempting to Obtain a Controlled Substance or a Prescription for a Controlled Substance from a Health Care Provider
“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.” MCL 333.7403a(1).
The following privileges do not apply to medical records or information released or made available under MCL 333.7403a(1):
•the physician-patient privilege, MCL 600.2157; or
•the dentist-patient privilege, MCL 333.16648; or
•any other health professional-patient privilege created or recognized by law. MCL 333.7403a(2).
“To the extent not protected by the [governmental] immunity conferred by . . . MCL 691.1401 to [MCL] 691.1419, an individual who in good faith provides access to medical records or information under [MCL 333.7403a] is immune from civil or administrative liability arising from that conduct, unless the conduct was gross negligence or willful and wanton misconduct.” MCL 333.7403a(3).
Committee Tip: Note that an attempt to commit this offense is part of the actual offense. MCL 333.7403a(1).
Violation of MCL 333.7403a is a felony punishable by:
•imprisonment for not more than four years; or
•a fine of not more than $5,000; or
•both. MCL 333.7403a(4)(a).
However, “[t]he court may place a person who has not previously been convicted of violating [MCL 333.7403a] on probation subject to the terms and conditions set forth in [MCL 333.7411].”1 MCL 333.7403a(5).
The court may also order screening and assessment to determine whether a defendant is likely to benefit from rehabilitative services. MCL 333.7403a(6). The court may order participation in one or more rehabilitative programs as part of the defendant’s sentence. Id. Failure to complete a program is considered a probation violation.2 Id. The defendant is responsible for the costs of screening, assessment, and rehabilitative services. Id.
MCL 333.7403a “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 [MCL 333.7403a].” MCL 333.7403a(7).