reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16247 - Reinstatement of License or Issuance of Limited License; Requirements.

333.16247 Reinstatement of license or issuance of limited license; requirements.
Sec. 16247.
(1) Except as otherwise provided in this section, a board or task force may reinstate a license or issue a limited license to an individual whose license has been suspended or revoked under this part if after a hearing the board or task force is satisfied by clear and convincing evidence that the applicant is of good moral character, is able to practice the profession with reasonable skill and safety to patients, has met the criteria in the guidelines adopted under section 16245(6), and should be permitted in the public interest to practice. Pursuant to the guidelines adopted under section 16245(6), as a condition of reinstatement, a disciplinary subcommittee, upon the recommendation of a board or task force, may impose a disciplinary or corrective measure authorized under this part and require that the licensee attend a school or program selected by the board or task force to take designated courses or training to become competent or proficient in those areas of practice in which the board or task force finds the licensee to be deficient. The board or task force may require a statement on a form approved by it from the chief administrator of the school or program attended or the person responsible for the training certifying that the licensee has achieved the required competency or proficiency.
(2) As a condition of reinstatement, a board or task force shall place the licensee on probation for 1 year under conditions set by the board or task force. If a licensee whose license has been revoked cannot apply for reinstatement for 5 years after the date of revocation, then, as a condition of reinstatement, the board or task force shall require the licensee to take and pass the current licensure examination.
(3) A board or task force shall not reinstate a license suspended or revoked for grounds stated in section 16221(b)(i), (iii), or (iv) until it finds that the licensee is mentally or physically able to practice with reasonable skill and safety to patients. The board or task force may require further examination of the licensee, at the licensee's expense, necessary to verify that the licensee is mentally or physically able. The board or task force shall give a licensee described in this section the opportunity at reasonable intervals to demonstrate that he or she can resume competent practice in accordance with standards of acceptable and prevailing practice.
(4) A board or task force shall not reinstate a license or issue a limited license to an individual whose license has been permanently revoked under section 16221.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2014, Act 413, Eff. Mar. 30, 2015
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16248 - Reinstatement of Registration; Requirements.

333.16248 Reinstatement of registration; requirements.
Sec. 16248.
(1) Except as otherwise provided in this section, a registration board may reinstate a registration revoked or suspended under this part if, after a hearing, the board is satisfied by clear and convincing evidence that the individual is of good moral character, has the education and experience as required in this article, has met the criteria in the guidelines adopted under section 16245(6), and will use the title lawfully and act in accordance with this article.
(2) A board or task force shall not reinstate a registration or issue a limited registration to an individual whose license has been permanently revoked under section 16221.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2014, Act 413, Eff. Mar. 30, 2015
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16249 - Reclassification of Limited License; Requirements.

333.16249 Reclassification of limited license; requirements.
Sec. 16249.
Except as otherwise provided in section 16245a, a disciplinary subcommittee may reclassify a license limited under this part to alter or remove the limitations if, after a hearing, it is satisfied that the applicant will practice the profession safely and competently within the area of practice and under conditions stipulated by the disciplinary subcommittee, and should be permitted in the public interest to so practice. The disciplinary subcommittee may require the submission of information necessary to make the determination required for reclassification. As a condition of reclassification, the disciplinary subcommittee may require that the licensee take an examination or attend a school or program selected by the disciplinary subcommittee to take designated courses or training to become competent in those areas of practice the disciplinary subcommittee determines necessary for reclassification. The disciplinary subcommittee may require a statement on a form approved by it from the chief administrator of the school or program attended or the person responsible for the training certifying that the licensee has achieved the required competency.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2014, Act 413, Eff. Mar. 30, 2015
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16261 - Health Profession; Prohibited Use of Insignia, Title, Letter, Word, or Phrase.

333.16261 Health profession; prohibited use of insignia, title, letter, word, or phrase.
Sec. 16261.
(1) An individual who is not licensed or registered under this article shall not use an insignia, title, or letter, or a word, letter, or phrase singly or in combination, with or without qualifying words, letters, or phrases, under a circumstance to induce the belief that the person is licensed or registered in this state, is lawfully entitled in this state to engage in the practice of a health profession regulated by this article, or is otherwise in compliance with this article.
(2) An individual shall not announce or hold himself or herself out to the public as limiting his or her practice to, as being specially qualified in, or as giving particular attention to a health profession specialty field for which a board issues a specialty certification or a health profession specialty field license, without first having obtained a specialty certification or a health profession specialty field license.
(3) An individual shall not announce or hold himself or herself out to the public as being able to perform a chiropractic adjustment, chiropractic manipulation, or other chiropractic services or chiropractic opinion, unless the individual is a chiropractor licensed under this article.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 643, Imd. Eff. Dec. 23, 2002 ;-- Am. 2002, Act 734, Imd. Eff. Dec. 30, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16263 - Repealed. 2006, Act 392, Imd. Eff. Sept. 27, 2006.

333.16263 Repealed. 2006, Act 392, Imd. Eff. Sept. 27, 2006.
Compiler's Notes:
The repealed section pertained to restricted use of words, titles, or letters.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16264 - Use of Insignia, Titles, Letters, or Phrases Granted by Authorized Educational Program or Institution or Professional Organization or Association.

333.16264 Use of insignia, titles, letters, or phrases granted by authorized educational program or institution or professional organization or association.
Sec. 16264.
Section 16261 shall not limit the right of an individual to use the insignia, titles, letters, or phrases as granted to the individual by an authorized educational program or institution or professional organization or professional association for the purpose of identifying the individual as having completed or attained specific training or as having established a recognized relationship with a health profession regulated by this article, if the individual does not violate the conditions of those sections or of a specific part in this article.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2006, Act 392, Imd. Eff. Sept. 27, 2006
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16265 - Use of Terms “Doctor” or “dr.”.

333.16265 Use of terms “doctor” or “dr.”.
Sec. 16265.
(1) An individual licensed under this article to engage in the practice of chiropractic, dentistry, medicine, optometry, osteopathic medicine and surgery, podiatric medicine and surgery, psychology, or veterinary medicine shall not use the terms "doctor" or "dr." in any written or printed matter or display without adding thereto "of chiropractic", "of dentistry", "of medicine", "of optometry", "of osteopathic medicine and surgery", "of podiatric medicine and surgery", "of psychology", "of veterinary medicine" or a similar term, respectively.
(2) An individual licensed under part 182 shall not use the terms "doctor" or "dr." without having been granted a doctoral degree in psychology from a regionally or nationally accredited college or university.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16266 - Compliance.

333.16266 Compliance.
Sec. 16266.
Each licensee who owns or operates, or who owns and operates, a private practice office shall comply with part 138.
History:
Add. 1990, Act 21, Eff. June 4, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16267 - HIV Infected Test Subject; Compliance Reporting Requirements; Definitions.

333.16267 HIV infected test subject; compliance reporting requirements; definitions.
Sec. 16267.
(1) A licensee who obtains from a test subject a test result that indicates that the test subject is HIV infected shall comply with the reporting requirements of section 5114.
(2) As used in this section:
(a) "HIV" means human immunodeficiency virus.
(b) "HIV infected" means that term as defined in section 5101.
History:
Add. 1988, Act 489, Eff. Mar. 30, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16273 - Artificial Insemination Services on Anonymous Basis; Use of Frozen Sperm; Testing Sperm Donor for Presence of HIV or Antibody to Hiv; Violation; Liability; Definitions.

333.16273 Artificial insemination services on anonymous basis; use of frozen sperm; testing sperm donor for presence of HIV or antibody to HIV; violation; liability; definitions.
Sec. 16273.
(1) A licensee, except a veterinarian licensed under this article, who provides artificial insemination services on an anonymous basis shall use only frozen sperm, and shall test each potential sperm donor for the presence in the donor of HIV or an antibody to HIV. The donated sperm shall be frozen, stored, and quarantined for not less than 6 months. Before frozen sperm is used for artificial insemination, and not less than 6 months after the date of the donation, the licensee shall take a second blood sample from the donor and have that blood sample tested for HIV or an antibody to HIV. If at any time the test results are positive, the licensee shall not use the sperm of the donor for artificial insemination purposes.
(2) A licensee who violates this section shall be liable in a civil action for damages for the loss or damage resulting from the violation.
(3) As used in this section:
(a) "Anonymous basis" means that the recipient of the sperm does not know the identity of the donor, but the licensee who provides the artificial insemination services or collects the sperm from the donor does know the identity of the donor.
(b) "HIV" means human immunodeficiency virus.
History:
Add. 1988, Act 487, Eff. July 1, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16274 - Human Cloning; Prohibited Acts; Exception; Violation of Subsection (1); Private Right of Action; Definitions.

333.16274 Human cloning; prohibited acts; exception; violation of subsection (1); private right of action; definitions.
Sec. 16274.
(1) A licensee or registrant shall not engage in or attempt to engage in human cloning.
(2) Subsection (1) does not prohibit scientific research or cell-based therapies not specifically prohibited by that subsection.
(3) A licensee or registrant who violates subsection (1) is subject to the administrative penalties prescribed in sections 16221 and 16226 and to the civil penalty prescribed in section 16275.
(4) This section does not give a person a private right of action.
(5) As used in this section:
(a) "Human cloning" means the use of human somatic cell nuclear transfer technology to produce a human embryo.
(b) "Human embryo" means a human egg cell with a full genetic composition capable of differentiating and maturing into a complete human being.
(c) "Human somatic cell" means a cell of a developing or fully developed human being that is not and will not become a sperm or egg cell.
(d) "Human somatic cell nuclear transfer" means transferring the nucleus of a human somatic cell into an egg cell from which the nucleus has been removed or rendered inert.
History:
Add. 1998, Act 108, Eff. Mar. 23, 1999
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16275 - Human Cloning; Prohibition; Exception; Violation; Penalty; Private Right of Action; “Human Cloning” Defined.

333.16275 Human cloning; prohibition; exception; violation; penalty; private right of action; “human cloning” defined.
Sec. 16275.
(1) A licensee or registrant or other individual shall not engage in or attempt to engage in human cloning.
(2) Subsection (1) does not prohibit scientific research or cell-based therapies not specifically prohibited by that subsection.
(3) A licensee or registrant or other individual who violates subsection (1) is subject to a civil penalty of $10,000,000.00. A fine collected under this subsection shall be distributed in the same manner as penal fines are distributed in this state.
(4) This section does not give a person a private right of action.
(5) As used in this section, "human cloning" means that term as defined in section 16274.
History:
Add. 1998, Act 109, Eff. Mar. 23, 1999
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16276 - Use of Laser for Dermatological Purposes; Supervision of Licensed Physician Required; Exceptions; Rules; Definitions.

333.16276 Use of laser for dermatological purposes; supervision of licensed physician required; exceptions; rules; definitions.
Sec. 16276.
(1) A licensee, registrant, or other individual shall not perform any procedure using a laser for dermatological purposes unless the procedure is performed under the supervision of a licensed physician.
(2) A licensee, registrant, or other individual shall not perform any procedure using a laser for dermatological purposes unless the patient has knowledge and consents to the procedure being performed by that licensee, registrant, or individual.
(3) Subsection (1) does not apply to any of the following:
(a) A licensed physician.
(b) A licensed physician's assistant who performs such a procedure in a health care facility.
(c) A certified nurse practitioner who performs such a procedure in a health care facility.
(4) The department may promulgate rules to further prohibit or otherwise restrict the use of lasers for dermatological purposes.
(5) As used in this section:
(a) "Dermatological" means of or relating to the practice of dermatology.
(b) "Practice of dermatology" means the diagnosis and treatment of medically necessary and cosmetic conditions of the skin, hair, and nails by various surgical, reconstructive, cosmetic, and nonsurgical methods.
(c) "Supervision" means the overseeing of or participation in the work of another individual by a health professional licensed under this article in circumstances where at least all of the following conditions exist:
(i) The continuous availability of direct communication in person or by radio, telephone, or telecommunication between the supervised individual and a licensed health professional.
(ii) The availability of a licensed health professional on a regularly scheduled basis to review the practice of the supervised individual, to provide consultation to the supervised individual, to review records, and to further educate the supervised individual in the performance of the individual's functions.
(iii) The provision by the licensed supervising health professional of predetermined procedures and drug protocol.
History:
Add. 2004, Act 144, Imd. Eff. June 15, 2004
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16279a - Standardized Consent Form for Medical Treatment, Procedure, or Examination Involving Vaginal or Anal Penetration of a Minor Under MCL 333.16279.

333.16279a Standardized consent form for medical treatment, procedure, or examination involving vaginal or anal penetration of a minor under MCL 333.16279.
Sec. 16279a.
(1) The department shall create and may periodically update a standardized consent form to be used by a licensee or registrant who provides a medical treatment, procedure, or examination to a minor under section 16279. The department shall use generally accepted standards of medical practice in determining the information to be included on the form. The form must include at least all of the following statements:
(a) That gloves are generally used for a medical treatment, procedure, or examination involving vaginal or anal penetration.
(b) That the person providing consent under section 16279 has the right to request information on whether there is a reasonable alternative to the treatment, procedure, or examination that does not consist of anal or vaginal penetration.
(c) That the person providing consent under section 16279 has the right to request a clear explanation of the nature of the treatment, procedure, or examination.
(d) That the person providing consent under section 16279 may request that gloves be used during the treatment, procedure, or examination.
(e) That a licensee or registrant generally cannot be alone in the room with the patient while the treatment, procedure, or examination is being performed.
(2) The department shall make the form publicly available on its website.
History:
Add. 2023, Act 60, Eff. Oct. 10, 2023
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16282 - Patient Treated for Opioid-Related Overdose to Be Provided With Information on Substance Use Disorder Services.

333.16282 Patient treated for opioid-related overdose to be provided with information on substance use disorder services.
Sec. 16282.
A licensee or registrant who treats a patient for an opioid-related overdose shall provide information to the patient on substance use disorder services. As used in this section, "substance use disorder services" means that term as defined in section 6230.
History:
Add. 2017, Act 250, Eff. Mar. 27, 2018
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16283 - Definitions.

333.16283 Definitions.
Sec. 16283.
As used in this section and sections 16284 to 16288:
(a) "Health professional" means an individual who is engaging in the practice of a health profession.
(b) "Prescriber" means that term as defined in section 17708.
(c) "Telehealth" means the use of electronic information and telecommunication technologies to support or promote long-distance clinical health care, patient and professional health-related education, public health, or health administration. Telehealth may include, but is not limited to, telemedicine. As used in this subdivision, "telemedicine" means that term as defined in section 3476 of the insurance code of 1956, 1956 PA 218, MCL 500.3476.
(d) "Telehealth service" means a health care service that is provided through telehealth.
History:
Add. 2016, Act 359, Eff. Mar. 29, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16284 - Telehealth Service; Consent Required; Exception.

333.16284 Telehealth service; consent required; exception.
Sec. 16284.
Except as otherwise provided in this section, a health professional shall not provide a telehealth service without directly or indirectly obtaining consent for treatment. This section does not apply to a health professional who is providing a telehealth service to an inmate who is under the jurisdiction of the department of corrections and is housed in a correctional facility.
History:
Add. 2016, Act 359, Eff. Mar. 29, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16285 - Telehealth Service; Prescribing Patient With Drug; Conditions; Requirements.

333.16285 Telehealth service; prescribing patient with drug; conditions; requirements.
Sec. 16285.
(1) A health professional who is providing a telehealth service to a patient may prescribe the patient a drug if both of the following are met:
(a) The health professional is a prescriber who is acting within the scope of his or her practice in prescribing the drug.
(b) If the health professional is prescribing a drug that is a controlled substance, the health professional meets the requirements of this act applicable to that health professional for prescribing a controlled substance.
(2) A health professional who prescribes a drug under subsection (1) shall comply with both of the following:
(a) If the health professional considers it medically necessary, he or she shall provide the patient with a referral for other health care services that are geographically accessible to the patient, including, but not limited to, emergency services.
(b) After providing a telehealth service, the health professional, or a health professional who is acting under the delegation of the delegating health professional, shall make himself or herself available to provide follow-up health care services to the patient or refer the patient to another health professional for follow-up health care services.
History:
Add. 2016, Act 359, Eff. Mar. 29, 2017 ;-- Am. 2017, Act 22, Imd. Eff. Mar. 31, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16286 - Telehealth Service; Restrictions or Conditions; Findings by Disciplinary Subcommittee.

333.16286 Telehealth service; restrictions or conditions; findings by disciplinary subcommittee.
Sec. 16286.
In a manner consistent with this part and in addition to the provisions set forth in this part, a disciplinary subcommittee may place restrictions or conditions on a health professional's ability to provide a telehealth service if the disciplinary subcommittee finds that the health professional has violated section 16284 or 16285.
History:
Add. 2016, Act 359, Eff. Mar. 29, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16287 - Rules.

333.16287 Rules.
Sec. 16287.
The department, in consultation with a board, shall promulgate rules to implement sections 16284 and 16285.
History:
Add. 2016, Act 359, Eff. Mar. 29, 2017 ;-- Am. 2017, Act 22, Imd. Eff. Mar. 31, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16288 - MCL 333.16284 to 333.16287; Limitations.

333.16288 MCL 333.16284 to 333.16287; limitations.
Sec. 16288.
Sections 16284 to 16287 do not do any of the following:
(a) Require new or additional third party reimbursement for health care services rendered by a health professional through telehealth.
(b) Limit the provision of a health care service otherwise allowed by law.
(c) Authorize a health care service otherwise prohibited by law.
History:
Add. 2016, Act 359, Eff. Mar. 29, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16291 - Violation; Injunctive Relief; Criminal Proceeding; Prosecution.

333.16291 Violation; injunctive relief; criminal proceeding; prosecution.
Sec. 16291.
(1) Upon a violation of this article or of a rule or order of a board or task force, a disciplinary subcommittee, or the department, the circuit court for the county in which the violation occurs may restrain and enjoin a person from the violation. A board or task force, a disciplinary subcommittee, or the department shall seek injunctive relief through the attorney general or the prosecuting attorney of the county in which the violation occurs. This proceeding may be in addition to and is not in lieu of a criminal prosecution or proceeding as to a license or registration.
(2) The department, a board or task force, or a disciplinary subcommittee, may request the attorney general or prosecuting attorney to prosecute a person violating this article. The attorney general or the prosecuting attorney may prosecute a violation of this article.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16294 - Unlawful Conduct; Felony.

333.16294 Unlawful conduct; felony.
Sec. 16294.
Except as provided in section 16215, an individual who practices or holds himself or herself out as practicing a health profession regulated by this article without a license or registration or under a suspended, revoked, lapsed, void, or fraudulently obtained license or registration, or outside the provisions of a limited license or registration, or who uses as his or her own the license or registration of another person, is guilty of a felony.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16296 - Unlawful Conduct; Misdemeanor; Penalties.

333.16296 Unlawful conduct; misdemeanor; penalties.
Sec. 16296.
A person who uses a title regulated by this article without a registration or under a suspended, revoked, or fraudulently obtained registration, or who uses as his or her own the registration of another person is guilty of a misdemeanor, punishable as follows:
(a) For the first offense, by imprisonment for not more than 90 days or a fine of $100.00, or both.
(b) For the second or subsequent offense, by imprisonment for not more than 1 year or a fine of not less than $300.00 nor more than $1,000.00, or both.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2020, Act 375, Eff. Mar. 24, 2021
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16299 - Violation as Misdemeanor; Penalties; Exception.

***** 333.16299 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 13, 2024: See 333.16299.amended *****
333.16299 Violation as misdemeanor; penalties; exception.
Sec. 16299.
(1) Except as otherwise provided in subsection (2), a person who violates or aids or abets another in a violation of this article, other than those matters described in sections 16294 and 16296, is guilty of a misdemeanor punishable as follows:
(a) For the first offense, by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.
(b) For the second or subsequent offense, by imprisonment for not more than 6 months or a fine of not less than $200.00 nor more than $500.00, or both.
(2) Subsection (1) does not apply to a violation of section 17015, 17015a, 17017, 17515, or 17517 or to a violation of this article for which another criminal penalty is specifically prescribed.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 685, Eff. Mar. 31, 2003 ;-- Am. 2012, Act 499, Eff. Mar. 31, 2013 ;-- Am. 2020, Act 375, Eff. Mar. 24, 2021
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16299.amended - Violation as Misdemeanor; Penalties; Exception.

***** 333.16299.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
333.16299.amended Violation as misdemeanor; penalties; exception.
Sec. 16299.
(1) Except as otherwise provided in subsection (2), a person who violates or aids or abets another in a violation of this article, other than those matters described in sections 16294 and 16296, is guilty of a misdemeanor punishable as follows:
(a) For the first offense, by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.
(b) For the second or subsequent offense, by imprisonment for not more than 6 months or a fine of not less than $200.00 nor more than $500.00, or both.
(2) Subsection (1) does not apply to a violation of section 17015, 17015a, or 17515 or to a violation of this article for which another criminal penalty is specifically prescribed.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 685, Eff. Mar. 31, 2003 ;-- Am. 2012, Act 499, Eff. Mar. 31, 2013 ;-- Am. 2020, Act 375, Eff. Mar. 24, 2021 ;-- Am. 2023, Act 209, Eff. Feb. 13, 2024
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16301 - Fees Generally.

333.16301 Fees generally.
Sec. 16301.
(1) Fees for licenses and registrations issued and other services performed by the department shall be as prescribed in this article.
(2) This article does not prohibit a person who has a contract with the department or any other person providing direct services from collecting fees directly from an applicant, registrant, or licensee.
(3) If the department terminates a contract with a person who has been administering a licensing or registration examination to applicants for licensure or registration in a specific profession and the department itself begins to administer the examination, the department shall not charge an applicant a fee greater than the fee charged under the terminated contract unless the examination fee for that profession is increased under this article.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 625, Imd. Eff. Jan. 6, 1979 ;-- Am. 1979, Act 161, Imd. Eff. Dec. 10, 1979 ;-- Am. 1988, Act 462, Eff. Sept. 1, 1989 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16303 - Nonrefundable Application Processing Fee; Examination or Inspection Fee; Fee for Initial License or Registration Period; Waiver of Fee; Definitions.

333.16303 Nonrefundable application processing fee; examination or inspection fee; fee for initial license or registration period; waiver of fee; definitions.
Sec. 16303.
(1) Except as otherwise provided in this section, each application for a license or registration must be accompanied by a nonrefundable application processing fee, and the department may also require that the application be accompanied by a fee for a required examination or inspection or the fee for the initial license or registration period.
(2) The department shall waive the fee for an initial license or initial registration that is otherwise required under this article, or an application processing fee charged by the department for an initial license or initial registration, if the applicant meets 1 of the following requirements:
(a) Is actively serving in the armed forces or the uniformed services.
(b) Is an individual who served in the armed forces or uniformed services and he or she provides to the department a form DD214, form DD215, or any other form that is satisfactory to the department that demonstrates he or she was separated from that service with an honorable character of service or under honorable conditions (general) character of service.
(c) Provides proof acceptable to the department that he or she is a dependent of a member of the armed forces, a member of the uniformed services, or a veteran.
(3) As used in this section:
(a) "Dependent" means a spouse, surviving spouse, child who is under 26 years of age, or surviving child who is under 26 years of age.
(b) "Veteran" means that term as defined in section 1 of 1965 PA 190, MCL 35.61.
History:
Add. 1988, Act 462, Eff. Sept. 1, 1989 ;-- Am. 2021, Act 25, Eff. Sept. 7, 2021
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16305 - Examination Fee; Forfeiture; Reexamination Fee.

333.16305 Examination fee; forfeiture; reexamination fee.
Sec. 16305.
(1) An individual who is required to take an examination shall pay an examination fee.
(2) An individual who is scheduled for examination or reexamination and who fails to appear at the examination shall forfeit the examination fee.
(3) An individual who fails all or part of an examination may be reexamined, if eligible, after paying for the complete examination or such parts of the examination as must be repeated.
History:
Add. 1988, Act 462, Eff. Sept. 1, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16307 - License and Registration Fees; Completion of Requirements for Licensure or Registration; Forfeiture of Fees; Effect of Void Application.

333.16307 License and registration fees; completion of requirements for licensure or registration; forfeiture of fees; effect of void application.
Sec. 16307.
(1) A person who has completed the requirements for a license or registration or who seeks to renew a license or registration shall not be issued a license or registration until the person has paid the license or registration fee.
(2) License and registration fees shall be prescribed on a per-year basis. If licenses and registrations are established on a biennial basis, the fee required shall be twice the per-year amount prescribed. If licenses or registrations are established on a triennial basis, the fee required shall be 3 times the per-year amount prescribed.
(3) Except as otherwise provided in this act or rules promulgated under this act, all requirements for licensure or registration shall be completed within 2 years after receipt of the application by the department. If the requirements are not completed within the 2-year period, the fees paid shall be forfeited to the department and the application shall be void. An individual whose application has been determined void under this subsection shall submit a new application and fees and shall meet the standards in effect on the date of receipt of the new application.
History:
Add. 1988, Act 462, Eff. Sept. 1, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16311 - Repealed. 1988, Act 462, Eff. Sept. 1, 1989.

333.16311 Repealed. 1988, Act 462, Eff. Sept. 1, 1989.
Compiler's Notes:
The repealed section pertained to delinquent charges.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16317 - Fees; Limitation on Increase; Schedule.

333.16317 Fees; limitation on increase; schedule.
Sec. 16317.
(1) Except as otherwise provided in section 16343, at the beginning of each state fiscal year, the department may increase the fees collected under sections 16319 to 16349 by a percentage amount equal to not more than the average percentage wage and salary increase granted for that fiscal year to classified civil service employees employed by the department.
(2) If the department increases fees under subsection (1), the increase is effective for that fiscal year. The department shall use the increased fees as the basis for calculating fee increases in subsequent fiscal years.
(3) By August 1 of each year the department shall provide to the director of the department of management and budget and the chairpersons of the appropriations committees of the senate and house of representatives a complete schedule of fees to be collected under sections 16319 to 16349 for the following fiscal year.
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2022, Act 254, Eff. Mar. 29, 2023
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16319 - Fees.

333.16319 Fees.
Sec. 16319.
Fees for a person licensed or seeking licensure to engage in manufacturing, distributing, prescribing, dispensing, or conducting research with controlled substances under part 73 are as follows:
(a) Application processing fee.......................
$
10.00
(b) License fee, per year............................
75.00.
History:
Add. 1993, Act 138, Eff. Apr. 1, 1994
Compiler's Notes:
Former MCL 333.16319, which pertained to licensure and fees for manufacturing, distributing, prescribing, or dispensing controlled substances or conducting research, was repealed by Act 138 of 1993, Eff. Apr. 1, 1994.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16321 - Chiropractor; Fees.

333.16321 Chiropractor; fees.
Sec. 16321.
Fees for a person licensed or seeking licensure to engage in the practice of chiropractic under part 164 are as follows:
(a)
Application processing fee.................
$
20.00
(b)
Examination fees:
(i)
Complete examination.......................
100.00
(ii)
Per part...................................
15.00
(iii)
Examination review.........................
20.00
(c)
License fee, per year......................
90.00
(d)
Temporary license..........................
25.00
(e)
Limited license, per year..................
25.00
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16322 - Practice of Acupuncture; License Fees.

333.16322 Practice of acupuncture; license fees.
Sec. 16322.
(1) Until the effective date of the rules promulgated under section 16525 regarding licensure, fees for an individual who is registered or seeking registration as an acupuncturist under part 165 are as follows:
(a) Application processing fee......................
$
75.00
(b) Registration fee, per year......................
$
200.00
(2) Beginning on the effective date of the rules promulgated under section 16525 regarding licensure, fees for an individual who is licensed or seeking licensure to engage in the practice of acupuncture under part 165 are as follows:
(a) Application processing fee......................
$
75.00
(b) License fee, per year...........................
$
200.00
(c) Limited license, per year.......................
$
200.00
(d) Temporary license fee...........................
$
200.00
History:
Add. 2006, Act 30, Imd. Eff. July 1, 2006 ;-- Am. 2019, Act 140, Eff. Mar. 4, 2020 ;-- Am. 2020, Act 136, Imd. Eff. July 8, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16323 - Dentist, Dental Assistant, Dental Hygienist, Dental Therapist; Fees.

333.16323 Dentist, dental assistant, dental hygienist, dental therapist; fees.
Sec. 16323.
Fees for an individual licensed or seeking licensure to practice as a dentist, dental assistant, dental hygienist, or dental therapist under part 166 are as follows:
(a)
Application processing fees:
(i)
Dentist.........................................
$
20.00
(ii)
Dental assistant................................
10.00
(iii)
Dental hygienist................................
15.00
(iv)
Dental therapist................................
15.00
(v)
Health profession specialty field license for a dentist.........................................
20.00
(b)
Examination fees:
(i)
Dental assistant's examination, complete........
70.00
(ii)
Dental assistant's examination, per part........
35.00
(iii)
Dental therapist................................
300.00
(iv)
Dentist's health profession specialty field license examination, complete...................
300.00
(v)
Dentist's health profession specialty field license examination, per part...................
100.00
(c)
License fees, per year:
(i)
Dentist.........................................
90.00
(ii)
Dental assistant................................
10.00
(iii)
Dental hygienist................................
20.00
(iv)
Dental therapist................................
40.00
(v)
Dentist's health profession specialty field license.........................................
15.00
(d)
Temporary license fees:
(i)
Dentist.........................................
20.00
(ii)
Dental assistant................................
5.00
(iii)
Dental hygienist................................
10.00
(iv)
Dental therapist................................
15.00
(e)
Limited license fee, per year:
(i)
Dentist.........................................
25.00
(ii)
Dental assistant................................
5.00
(iii)
Dental hygienist................................
10.00
(iv)
Dental therapist................................
15.00
(f)
Examination review fees:
(i)
Dental preclinical or dentist's health profession specialty field license.........................
50.00
(ii)
Dental assistant................................
20.00
(iii)
Dental therapist................................
50.00
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2002, Act 643, Imd. Eff. Dec. 23, 2002 ;-- Am. 2014, Act 305, Eff. Jan. 9, 2015 ;-- Am. 2018, Act 463, Eff. Mar. 27, 2019 ;-- Am. 2021, Act 25, Eff. Sept. 7, 2021
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16323a - Fees.

333.16323a Fees.
Sec. 16323a.
Fees for a person licensed or seeking licensure as an audiologist under part 168 are as follows:
(a) Application processing fee...................
$
120.00
(b) License fee, per year........................
150.00
History:
Add. 2004, Act 97, Imd. Eff. May 7, 2004
Popular Name:
Act 368