§ 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

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

  • 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.
  • 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 orange: means the chemical herbicide made from chemicals known as 2,4-Dichlorophenoxyacetic acid and its esters, or 2,4-D, and Trichlorophenoxyacetic acid and its esters, or 2,4,5-T. See Michigan Laws 333.5701
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • 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
  • Care: includes treatment, control, transportation, confinement, and isolation in a facility or other location. See Michigan Laws 333.5101
  • Chemical agent: means a chemical herbicide or defoliant other than agent orange, or a chemical weapon, which chemical herbicide, defoliant, or weapon is of the type used by the armed forces of the United States. See Michigan Laws 333.5701
  • child: means a single or married individual under 26 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
  • Commission: means the agent orange commission created in section 5731. See Michigan Laws 333.5701
  • Commissioner: means the director. See Michigan Laws 500.102
  • 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 community health. See Michigan Laws 333.26242
  • Department: means the department of health and human services in cooperation with the veterans' service offices. See Michigan Laws 333.5701
  • 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
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the prostate cancer research fund created in section 3. See Michigan Laws 333.26242
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • 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
  • 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 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
  • 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
  • Information resource center: means the agent orange information resource center created in section 5745. See Michigan Laws 333.5701
  • 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
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • 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
  • 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.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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: includes a corporation as well as a natural person. See Michigan Laws 125.402
  • 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, 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 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
  • 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
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • public hall: is a hall, corridor or passageway not within the exclusive control of 1 family. See Michigan Laws 125.402
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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
  • 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
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • 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
  • 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.
  • Testify: Answer questions in court.
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Veteran: means that term as defined in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 333.5701
  • Vietnam-era veteran: means a veteran who served in the armed forces of the United States between 12:01 a. See Michigan Laws 333.5701