§ 37.201 Short title
§ 37.202 Definitions
§ 37.203 Employer or employment agency; prohibited conduct; voluntary request for examination by employee; requirements and prohibitions
§ 37.204 Employer or employment agency; prohibited action against employee or applicant
§ 37.205 Confidentiality
§ 37.206 Information obtained from employee or applicant during examination; inadmissibility in criminal proceeding
§ 37.207 Action for injunctive relief or damages; damages for injury or loss; attorney’s fees; damages for discharge in violation of act
§ 37.208 Violation; penalty
§ 37.209 Conditional effective date

Terms Used In Michigan Laws > Chapter 37 > Act 44 of 1982 - Polygraph Protection Act of 1981

  • Actuary: means a person who is a member in good standing of the American academy of actuaries, the society of actuaries, or the casualty actuarial society. See Michigan Laws 500.1151
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • AED: means automated external defibrillator. See Michigan Laws 333.26311
  • After-care assistance: means assistance provided by a lay caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharge. See Michigan Laws 333.26283
  • Agent of the insured: means an insurance producer who is not an appointed insurance producer of the insurer with which the insurance policy is placed. See Michigan Laws 500.1201
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Athletic services provider: means a person who owns or operates an educational athletic facility or a recreational athletic facility. See Michigan Laws 333.26301
  • Attending physician: means that term as defined in section 20102 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26283
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized representative: means any of the following:
  (i) A person empowered by the patient by explicit written authorization to act on the patient's behalf to access, disclose, or consent to the disclosure of the patient's medical record, in accordance with this act. See Michigan Laws 333.26263
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See Michigan Laws 500.1201
  • Care: includes treatment, control, transportation, confinement, and isolation in a facility or other location. See Michigan Laws 333.5101
  • child: means a single or married individual under 21 years of age whose activity is or may become so restricted by disease or specified medical condition as to reduce the individual's normal capacity for education and self-support. See Michigan Laws 333.5801
  • Commissioner: means the director. See Michigan Laws 500.102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of public health. See Michigan Laws 333.26301
  • Department: means the department of community health. See Michigan Laws 333.26311
  • Department: means the department of insurance and financial services. See Michigan Laws 500.102
  • Detroit consumer price index: means the most comprehensive index of consumer prices available for the Detroit area from the bureau of labor statistics of the United States department of labor. See Michigan Laws 333.26263
  • Devise: To gift property by will.
  • Director: means , unless the context clearly implies a different meaning, the director of the department. See Michigan Laws 500.102
  • Discharge: means a patient's exit or release from a hospital to the patient's residence following any medical care or treatment rendered to the patient following an inpatient admission. See Michigan Laws 333.26283
  • Donor: The person who makes a gift.
  • dwelling: is a ny house, building, structure, tent, shelter, trailer or vehicle, or portion thereof, (except railroad cars, on tracks or rights-of-way) which is occupied in whole or in part as the home, residence, living or sleeping place of 1 or more human beings, either permanently or transiently. See Michigan Laws 125.402
  • Educational athletic facility: means a facility that is owned or operated by an educational institution and that is used or intended to be used for 1 or more of the following:
  •   (i) Maintaining or enhancing the aerobic condition or physical strength of 1 or more individuals. See Michigan Laws 333.26301
  • Educational institution: means a public or private secondary school, trade school, vocational school, community or junior college, college, or university. See Michigan Laws 333.26301
  • Employee: means an individual who works for another person for compensation. See Michigan Laws 37.202
  • Employer: means a person who employs 1 or more persons or who accepts applications for employment, including an agent of an employer. See Michigan Laws 37.202
  • Employment agency: means a person regularly undertaking with or without compensation to procure, refer, recruit, or place for an employer or person the opportunity to work for an employer, and includes an agent of that person. See Michigan Laws 37.202
  • Entry: means a patient's admission into a hospital for the purposes of receiving inpatient medical care. See Michigan Laws 333.26283
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Examiner: means any person who does any of the following:
  •   (i) Purports to detect deception, verify truthfulness, or provide a diagnostic opinion of either of these through instrumentation or the use of a mechanical device. See Michigan Laws 37.202
  • Facility: means a building, structure, room, place, or area. See Michigan Laws 333.26301
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • good moral character: means good moral character as defined and determined under Act No. See Michigan Laws 500.1200
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: means an individual who is appointed under section 5306 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 333.26263
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care: means any care, service, or procedure provided by a health care provider or health facility to diagnose, treat, or maintain a patient's physical condition, or that affects the structure or a function of the human body. See Michigan Laws 333.26263
  • Health care provider: means a person who is licensed or registered or otherwise authorized under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26263
  • Health club: means an establishment that provides, as its primary purpose, services or facilities that are purported to assist patrons in physical exercise, in weight control, or in figure development, including, but not limited to, a fitness center, studio, salon, or club. See Michigan Laws 333.26311
  • Health facility: means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26263
  • Hospital: means that term as defined in section 20106 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26283
  • Hotel: means that term as defined in section 1 of Act No. See Michigan Laws 333.26301
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Insurance: means any of the lines of authority in chapter 6. See Michigan Laws 500.1201
  • Insurance producer: means a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Michigan Laws 500.1201
  • Insurer: means an individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds organization, fraternal benefit society, or other legal entity, engaged or attempting to engage in the business of making insurance or surety contracts. See Michigan Laws 500.106
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lay caregiver: means an individual 18 years of age or older designated as a caregiver by a patient under this act who voluntarily provides after-care assistance to a patient in the patient's residence. See Michigan Laws 333.26283
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means a document issued by the director authorizing a person to act as an insurance producer for the qualifications specified in the document. See Michigan Laws 500.1201
  • Limited line credit insurance: includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the director determines should be designated a form of limited line credit insurance. See Michigan Laws 500.1201
  • Limited lines insurance: means any of the following:
  •   (i) Marine insurance as defined in section 614. See Michigan Laws 500.1201
  • Medicaid: means that term as defined in section 2701 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26263
  • Medical record: means information oral or recorded in any form or medium that pertains to a patient's health care, medical history, diagnosis, prognosis, or medical condition and that is maintained by a health care provider or health facility in the process of caring for the patient's health. See Michigan Laws 333.26263
  • Medical records company: means a person who stores, locates, or copies medical records for a health care provider or health facility under a contract or agreement with that health care provider or health facility and charges a fee for providing medical records to a patient or his or her authorized representative for that health care provider or health facility. See Michigan Laws 333.26263
  • Medically indigent individual: means that term as defined in section 106 of the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 333.26263
  • Medicare: means that term as defined in section 2701 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26263
  • Minor: means an individual who is less than 18 years of age, but does not include an individual who is emancipated under section 4 of 1968 PA 293, MCL 722. See Michigan Laws 333.26263
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • multiple dwelling: is a dwelling occupied otherwise than as a private dwelling or 2 family dwelling. See Michigan Laws 125.402
  • Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, if the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. See Michigan Laws 500.1201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: means an individual who receives or has received health care from a health care provider or health facility. See Michigan Laws 333.26263
  • Patient advocate: means that term as described and used in section 5506 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 333.26283
  • Person: means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Michigan Laws 333.26263
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 333.26311
  • Person: means an individual, firm, partnership, association, corporation, or other legal entity, this state or an agency of this state, or the federal government or an agency of the federal government. See Michigan Laws 37.202
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Personal representative: means that term as defined in section 1106 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 333.26263
  • Polygraph examination: means a psychological stress evaluator examination or any other procedure which involves the use of instrumentation or a mechanical device to enable or assist the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding either of these; including a lie detector test, psychological stress evaluator examination, or similar test. See Michigan Laws 37.202
  • Practice of physical therapy: means that term as defined in section 17801 of the public health code, Act No. See Michigan Laws 333.26301
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Psychological stress evaluator: means any mechanical device or instrument which purports to determine the truth or falsity of statements made by an employee or applicant for employment on the basis of vocal fluctuations or vocal stress. See Michigan Laws 37.202
  • Psychological stress evaluator examination: means any of the following:
  •   (i) The questioning or interviewing of an employee or applicant for employment for the purpose of subjecting the statements of the employee or applicant for employment to analysis by a psychological stress evaluator. See Michigan Laws 37.202
  • Rate: means the cost of insurance per payroll before adjustment for an individual insured's size, exposure, or loss experience. See Michigan Laws 500.2402
  • Recreational athletic facility: means a gymnasium, fitness center, or health spa that is used or intended to be used to maintain or enhance the physical strength of individuals through the use of free weights or weight lifting machinery. See Michigan Laws 333.26301
  • Reinsurance intermediary: means a reinsurance intermediary-broker or a reinsurance intermediary-manager. See Michigan Laws 500.1151
  • Reinsurance intermediary-broker: means any person, other than an officer or employee of the ceding insurer, who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of that insurer. See Michigan Laws 500.1151
  • Reinsurance intermediary-manager: means any person who has authority to bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office, and acts as an agent for the reinsurer whether known as a reinsurance intermediary-manager, manager, or other similar term. See Michigan Laws 500.1151
  • Reinsurer: means any person duly authorized in this state pursuant to the applicable provisions of this act as an insurer with the authority to assume reinsurance. See Michigan Laws 500.1151
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence: means the dwelling that the patient considers to be his or her home. See Michigan Laws 333.26283
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See Michigan Laws 500.1201
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • shall: is a lways mandatory and not directory, and denotes that the dwelling shall be maintained in all respects according to the mandate as long as it continues to be a dwelling. See Michigan Laws 125.402
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See Michigan Laws 500.1201
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Subpoena: A command to a witness to appear and give testimony.
  • Third party payer: means a public or private health care payment or benefits program including, but not limited to, all of the following:
  •   (i) A health insurer. See Michigan Laws 333.26263
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o