THE MICHIGAN PENAL CODE
Act 328 of 1931
750.492a Placing misleading or inaccurate information in medical records or charts; alteration or destruction of medical records or charts; penalties; applicability of subsections (1) and (2); basis for civil action for damages not created.
Sec. 492a.
(1) Except as otherwise provided in subsection (3), a health care provider or other person, knowing that the information is misleading or inaccurate, shall not intentionally, willfully, or recklessly place or direct another to place in a patient's medical record or chart misleading or inaccurate information regarding the diagnosis, treatment, or cause of a patient's condition. A violation of this subsection is punishable as follows:
(a) A health care provider who intentionally or willfully violates this subsection is guilty of a felony.
(b) A health care provider who recklessly violates this subsection is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.
(c) A person other than a health care provider who intentionally or willfully violates this subsection is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.
(d) A person other than a health care provider who recklessly violates this subsection is guilty of a misdemeanor.
(2) Except as otherwise provided in subsection (3), a health care provider or other person shall not intentionally or willfully alter or destroy or direct another to alter or destroy a patient's medical records or charts for the purpose of concealing his or her responsibility for the patient's injury, sickness, or death. A health care provider who violates this subsection is guilty of a felony. A person other than a health care provider who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.
(3) Subsections (1) and (2) do not apply to either of the following:
(a) Destruction of a patient's original medical record or chart if all of the information contained in or on the medical record or chart is otherwise retained by means of mechanical or electronic recording, chemical reproduction, or other equivalent techniques that accurately reproduce all of the information contained in or on the original or by reproduction pursuant to the records media act that accurately reproduces all of the information contained in or on the original.
(b) Supplementation of information or correction of an error in a patient's medical record or chart in a manner that reasonably discloses that the supplementation or correction was performed and that does not conceal or alter prior entries.
(4) This section does not create or provide a basis for a civil cause of action for damages.
History: Add. 1986, Act 184, Eff. Mar. 31, 1987 ;-- Am. 1992, Act 210, Imd. Eff. Oct. 5, 1992
Notes of Decisions
Cited in
17
cases (
3 in the last 5 years), 1989–2023 · leading case:
People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001).
People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001).
· cites it 6× “§ 750.492a(1)(a); MSA 28.760(1)(1)(a). Defendant filed a motion to dismiss the charge that alleged violation of M.”
People of Michigan v. William Little, 499 Mich. 332 (Mich. 2016).
· cites it 3× “34(10); MCL 750.492a(1); MCL 791.235(1)(b). We agree with Justice MARKMAN that the use of such modifiers in other statutes does not alone lead to the conclusion that the word “information,” as used in the DLEOA, includes both true and false statements.”
Dresden v. Detroit MacOmb Hosp. Corp., 553 N.W.2d 387 (Mich. Ct. App. 1996).
· cites it 2× “Subsection 4 states that the statute does not create or provide a basis for a civil cause of action for damages.”
People v. Hudson, 615 N.W.2d 784 (Mich. Ct. App. 2000).
“342A(n)(2), and two counts of alteration or destruction of patient medical records, MCL 750.492a; MSA 28.760(1). The prosecutor later voluntarily dismissed one of the counts relating to medical record alteration or destruction.”
People v. Hughes, 306 Mich. App. 116 (Mich. Ct. App. 2014).
“) In MCL 750.492a(1) the Legislature provided that “a health care provider or other person, knowing that the information is misleading or inaccurate, shall not intentionally, willfully, or recklessly place or direct another to place in a patient’s medical record or chart…”
Russell Mem'l Hosp. Ass'n v. United Steelworkers, 720 F. Supp. 583 (E.D. Mich. 1989).
“, § 750.492a. The Court finds that these statutory provisions reflect the type of “well defined” and “dominant” public policy in favor of providing safe and competent nursing care that could properly form the basis for setting aside an arbitration award.”
People v. Butler-Jackson, 862 N.W.2d 423 (Mich. Ct. App. 2014).
· cites it 5× “Defendant, a physician, and Brian Deloose were in the business of providing, for a price, physician certifications required to obtain registry identification cards issued by the department of licensing and regulatory affairs1 to qualifying patients for the medical use of…”
Dept. of Con. & Ind. Svcs. v. Shah, 600 N.W.2d 406 (Mich. Ct. App. 1999).
· cites it 4× “328 of the Public Acts of 1931, being section 750.492a of the Michigan Compiled Laws.”
People of Michigan v. Tyisha Monika Toliver (Mich. Ct. App. 2019).
· cites it 4× “While this is certainly an important aspect of the operation of the facility, it is not included in the scope of MCL 750.492a. In sum, in the absence of evidence that the data collected was to be used by a medical professional to diagnose or treat a patient’s condition, or to…”
Marcus Griffey v. Ionia Cnty. Cmty. Mental Health (Mich. Ct. App. 2023).
· cites it 2× “1946 as requiring Right Door to treat its patients in a manner that also protects the public and MCL 750.492a as prohibiting placing misleading or inaccurate information in a medical record.”
— Mich. Comp. Laws § 750.492a(1) — 6 cases
People of Michigan v. William Little, 499 Mich. 332 (Mich. 2016).
“34(10); MCL 750.492a(1); MCL 791.235(1)(b). We agree with Justice MARKMAN that the use of such modifiers in other statutes does not alone lead to the conclusion that the word “information,” as used in the DLEOA, includes both true and false statements.”
People v. Hughes, 306 Mich. App. 116 (Mich. Ct. App. 2014).
“) In MCL 750.492a(1) the Legislature provided that “a health care provider or other person, knowing that the information is misleading or inaccurate, shall not intentionally, willfully, or recklessly place or direct another to place in a patient’s medical record or chart…”
People of Michigan v. Tyisha Monika Toliver (Mich. Ct. App. 2019).
“While this is certainly an important aspect of the operation of the facility, it is not included in the scope of MCL 750.492a. In sum, in the absence of evidence that the data collected was to be used by a medical professional to diagnose or treat a patient’s condition, or to…”
— Mich. Comp. Laws § 750.492a(1)(a) — 3 cases
People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001).
“§ 750.492a(1)(a); MSA 28.760(1)(1)(a). Defendant filed a motion to dismiss the charge that alleged violation of M.”
People v. Butler-Jackson, 862 N.W.2d 423 (Mich. Ct. App. 2014).
“Defendant, a physician, and Brian Deloose were in the business of providing, for a price, physician certifications required to obtain registry identification cards issued by the department of licensing and regulatory affairs1 to qualifying patients for the medical use of…”
— Mich. Comp. Laws § 750.492a(1)(b) — 1 case
— Mich. Comp. Laws § 750.492a(4) — 1 case
Dresden v. Detroit MacOmb Hosp. Corp., 553 N.W.2d 387 (Mich. Ct. App. 1996).
“Subsection 4 states that the statute does not create or provide a basis for a civil cause of action for damages.”
— Mich. Comp. Laws § 750.492a(l) — 2 cases
People of Michigan v. William Little, 499 Mich. 332 (Mich. 2016).
“34(10); MCL 750.492a(1); MCL 791.235(1)(b). We agree with Justice MARKMAN that the use of such modifiers in other statutes does not alone lead to the conclusion that the word “information,” as used in the DLEOA, includes both true and false statements.”
People v. Butler-Jackson, 862 N.W.2d 423 (Mich. Ct. App. 2014).
“Defendant, a physician, and Brian Deloose were in the business of providing, for a price, physician certifications required to obtain registry identification cards issued by the department of licensing and regulatory affairs1 to qualifying patients for the medical use of…”
— Mich. Comp. Laws § 750.492a(l)(a) — 2 cases
People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001).
“§ 750.492a(1)(a); MSA 28.760(1)(1)(a). Defendant filed a motion to dismiss the charge that alleged violation of M.”
People v. Butler-Jackson, 862 N.W.2d 423 (Mich. Ct. App. 2014).
“Defendant, a physician, and Brian Deloose were in the business of providing, for a price, physician certifications required to obtain registry identification cards issued by the department of licensing and regulatory affairs1 to qualifying patients for the medical use of…”
— Mich. Comp. Laws § 750.492a(l)(b) — 1 case
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