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 333.16196 - License or Registration of Individual Inducted or Entering Into Service; Continuation; Notice.

333.16196 License or registration of individual inducted or entering into service; continuation; notice.
Sec. 16196.
The license or registration of an individual practicing his or her profession while in active service in the military service of the United States, an auxiliary thereof, or the United States public health service, who was licensed or registered at the time of induction or entering into service, continues in effect without further action by the individual until discharge or leaving the service. The individual shall notify the board of the military service or federal employment and the cessation thereof.
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(333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16203 - Repealed. 1986, Act 174, Imd. Eff. July 7, 1986.

333.16203 Repealed. 1986, Act 174, Imd. Eff. July 7, 1986.
Compiler's Notes:
The repealed section pertained to relicensing or reregistration of individuals and to temporary licenses.
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 333.16204 - Completion of Continuing Education as Condition for License Renewal; Completion of Hours or Courses in Pain and Symptom Management; Rules; Certain Individuals Excluded.

333.16204 Completion of continuing education as condition for license renewal; completion of hours or courses in pain and symptom management; rules; certain individuals excluded.
Sec. 16204.
(1) Effective for the renewal of licenses or registrations issued under this article and expiring after January 1, 1997 if the completion of continuing education is a condition for renewal, the appropriate board shall by rule require an applicant for renewal to complete an appropriate number of hours or courses in pain and symptom management. Rules promulgated by a board under section 16205(2) for continuing education in pain and symptom management shall cover both course length and content and shall take into consideration the recommendation for that health care profession by the interdisciplinary advisory committee created in section 16204a. A board shall submit the notice of public hearing for the rules as required under section 42 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.242, not later than 90 days after the first interdisciplinary advisory committee makes its initial recommendations and shall promulgate the rules as expeditiously as possible.
(2) If a board proposes rules under section 16205(2) to institute a requirement that continuing education be a mandatory condition for the renewal of a license or registration issued under this article, the rules shall require, as part of the continuing education requirements, completion of an appropriate number of hours or courses in pain and symptom management, taking into consideration the recommendation for that health care profession by the interdisciplinary advisory committee created in section 16204a.
(3) This section does not apply to individuals licensed or registered under part 184 or 188.
History:
Add. 1994, Act 234, Imd. Eff. June 30, 1994 ;-- Am. 2005, Act 273, Imd. Eff. Dec. 19, 2005
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 333.16204b - Treatment of Pain; Enactment of Legislation.

333.16204b Treatment of pain; enactment of legislation.
Sec. 16204b.
The legislature finds that the treatment of pain is an appropriate issue for the legislature to consider, and that the citizens of this state would be well served by the enactment of legislation that accomplishes all of the following:
(a) Provides more and better information to health care consumers regarding the medical treatment of pain, health care coverage and benefits for the treatment of pain, and the education of health professionals in pain and symptom management.
(b) Provides for the appointment of an advisory body to study and make recommendations on model core curricula on pain and symptom management for the institutions in this state providing health care education, continuing education for health professionals on pain and symptom management, and the integration of pain and symptom management into the customary practice of health care.
(c) Educates health professionals about the disciplinary process for state licensees and registrants, including, but not limited to, how the department of consumer and industry services processes allegations of wrongdoing against licensees and registrants.
History:
Add. 1998, Act 422, Eff. Apr. 1, 1999 ;-- Am. 2001, Act 241, Imd. Eff. Jan. 8, 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 333.16204c - Medical Treatment of Pain; Use of Controlled Substances; Legislative Findings; Treatment by Licensed Health Professionals; Electronic Monitoring System; “Controlled Substance” Defined.

333.16204c Medical treatment of pain; use of controlled substances; legislative findings; treatment by licensed health professionals; electronic monitoring system; “controlled substance” defined.
Sec. 16204c.
(1) The legislature finds that the use of controlled substances is appropriate in the medical treatment of certain forms of pain, and that efforts to control diversion or improper administration of controlled substances should not interfere with the legitimate, medically recognized use of those controlled substances to relieve pain and suffering.
(2) The legislature finds that some patients in this state with pain are unable to obtain from their health care providers sufficient pain relief through the prescription of controlled substances, especially controlled substances included in schedule 2 under section 7214.
(3) It is the intent of the legislature to permit and facilitate adequate treatment for pain by licensed health professionals, including, but not limited to, the prescription or dispensing of controlled substances included in schedule 2 under section 7214, when medically appropriate, and to enable regulatory and law enforcement agencies to prevent the abuse and diversion of controlled substances by creating an electronic monitoring system.
(4) As used in this section, "controlled substance" means that term as defined in section 7104.
History:
Add. 1998, Act 423, Eff. Apr. 1, 1999 ;-- Am. 2001, Act 241, Imd. Eff. Jan. 8, 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 333.16204d - Information Booklet on Pain; Development by Department of Consumer and Industry Services; Educational Program for Health Professionals.

333.16204d Information booklet on pain; development by department of consumer and industry services; educational program for health professionals.
Sec. 16204d.
(1) The department of consumer and industry services, in consultation with the department of community health, shall develop, publish, and distribute an informational booklet on pain. The department of consumer and industry services shall include at least all of the following in the informational booklet:
(a) Pain management educational curricula and continuing educational requirements of institutions providing health care education recommended by the advisory committee on pain and symptom management under section 16204a.
(b) Other information considered relevant or useful by the department of consumer and industry services.
(2) The department of consumer and industry services, in conjunction with the controlled substances advisory commission created in article 7, shall develop and conduct an educational program for health professionals who are licensed under part 73 to prescribe or dispense, or both, controlled substances. The department of consumer and industry services shall include, at a minimum, all of the following in the educational program:
(a) Information on how the department of consumer and industry services processes allegations of wrongdoing against licensees under this article and article 17, including, but not limited to, how the permanent historical record is maintained for each licensee, how and why a review of the permanent historical record is done, and how the decision is made to issue a formal complaint against a licensee.
(b) Information on the disciplinary process, including a licensee's rights and duties if an allegation of wrongdoing is filed against the licensee or if some other circumstance occurs that causes or requires the department of consumer and industry services to review a licensee's permanent historical record.
(c) Other information considered relevant or useful by the department of consumer and industry services or the controlled substances advisory commission, especially information that would address the findings and statements of intent contained in section 16204c.
History:
Add. 1998, Act 423, Eff. Apr. 1, 1999 ;-- Am. 2001, Act 241, Imd. Eff. Jan. 8, 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 333.16204e - Rules; Circumstances Under Which Bona Fide Prescriber-Patient Relationship Not Required.

333.16204e Rules; circumstances under which bona fide prescriber-patient relationship not required.
Sec. 16204e.
Not later than 1 year after the effective date of the amendatory act that added this section, the department in consultation with the Michigan board of medicine, the Michigan board of osteopathic medicine and surgery, the Michigan board of dentistry, the Michigan board of podiatric medicine and surgery, the Michigan board of optometry, the Michigan task force on physician's assistants, and the Michigan board of nursing may promulgate rules describing the circumstances under which a bona fide prescriber-patient relationship is not required for purposes of prescribing a schedule 2 to 5 controlled substance under section 7303a(2). The rules may include an alternative requirement for prescribing a schedule 2 to 5 controlled substance when a bona fide prescriber-patient relationship is not required by the rules promulgated under this section.
History:
Add. 2017, Act 247, Imd. Eff. Dec. 27, 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 333.16205 - Attendance at Educational Programs as Condition to License Renewal; Waiver; Rules for Assessing Continued Competence.

333.16205 Attendance at educational programs as condition to license renewal; waiver; rules for assessing continued competence.
Sec. 16205.
(1) A board which requires evidence of attendance at educational programs as a condition to license renewal may waive those requirements if, upon written application, the board finds the failure of the licensee to attend was due to the licensee's disability, military service, absence from the continental United States, or a circumstance beyond the control of the licensee which the board considers good and sufficient.
(2) A board may promulgate rules to establish a system of assessing the continued competence of licensees as a condition of periodic license renewal.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1984, Act 268, Imd. Eff. Dec. 18, 1984 ;-- Am. 1986, Act 290, Imd. Eff. Dec. 22, 1986
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 333.16206 - Electronic Continuing Education Tracking System; Agreement With Nongovernmental Entity; Rules.

333.16206 Electronic continuing education tracking system; agreement with nongovernmental entity; rules.
Sec. 16206.
(1) The department may enter into an agreement with an entity that is not an agency of a state or the federal government to provide an electronic continuing education tracking system that provides an electronic record of the continuing education courses, classes, or programs completed by all of the individuals who are licensed or registered under this article. All of the following apply to an electronic system provided by an agreement under this subsection:
(a) All continuing education tracking provided by the system must accurately reflect the continuing education requirements under this article and rules promulgated under this article.
(b) A confirmation of completion of continuing education requirements generated by the system is considered verification of completion of those requirements for renewal of a license or registration and for purposes of any audit of licensees or registrants conducted by the department.
(c) The system must provide access to continuing education information about an individual who is licensed or registered under this article to the individual, to the appropriate board for the individual's health profession, and to the department.
(2) The department shall promulgate any rules it considers appropriate to implement and administer this section.
History:
Add. 2016, Act 29, Eff. June 6, 2016
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 333.16208 - Expired. 1978, Act 368, Eff. Sept. 30, 1984.

333.16208 Expired. 1978, Act 368, Eff. Sept. 30, 1984.
Compiler's Notes:
The expired section pertained to assessing continued competency of licensees. Subsequent to its expiration this section was repealed by Act 268 of 1984.
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 333.16213a - Violation of Record Retention; Medical Service Involving Vaginal or Anal Penetration; Penalties.

333.16213a Violation of record retention; medical service involving vaginal or anal penetration; penalties.
Sec. 16213a.
(1) Except as otherwise provided in subsections (2) and (3), a person that violates section 16213(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is subject to an administrative fine or guilty of a crime as follows:
(a) For a first violation, an administrative fine of not more than $1,000.00.
(b) For a second violation, an administrative fine of not more than $2,500.00.
(c) For a third or subsequent violation, a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $5,000.00, or both.
(2) A person that violates section 16213(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of $5,000.00, or both, if the violation was the result of gross negligence.
(3) A person that intentionally violates section 16213(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $7,500.00, or both.
(4) This section does not limit any other sanction or additional action a disciplinary subcommittee is authorized to impose or take.
History:
Add. 2023, Act 62, 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 333.16216 - Disciplinary Subcommittee for Board or Task Force; Members; Voting; Chairperson; Final Decision; Set Aside by Department; Issuance of Different Final Action; Inclusion of Final Decision on Website.

333.16216 Disciplinary subcommittee for board or task force; members; voting; chairperson; final decision; set aside by department; issuance of different final action; inclusion of final decision on website.
Sec. 16216.
(1) The chair of each board or task force shall appoint 1 or more disciplinary subcommittees for that board or task force. A disciplinary subcommittee for a board or task force shall consist of 2 public members and 3 professional members from the board or task force.
(2) A final decision of a disciplinary subcommittee finding a violation of this article, article 7, or article 8 requires a majority vote of the members appointed and serving on the disciplinary subcommittee.
(3) A final decision of a disciplinary subcommittee imposing a sanction under this article, article 7, or article 8 or a final decision of a disciplinary subcommittee other than a final decision described in subsection (2) requires a majority vote of the members appointed and serving on the disciplinary subcommittee with an affirmative vote by at least 1 public member.
(4) The chair of a board or task force shall appoint a public member of the disciplinary subcommittee of that board or task force as the chairperson of that disciplinary subcommittee. The chair of a board or task force shall not serve as a member of the disciplinary subcommittee of that board or task force.
(5) The department may review a final decision of a disciplinary subcommittee within 30 days after the date of the disciplinary subcommittee's decision. If the department determines that the action taken by a disciplinary subcommittee does not protect the health, safety, and welfare of the public, the department, with the approval of the board chair, may set aside the decision of the disciplinary subcommittee and issue a different final action. The final action of the department serves as the final action on the matter and is subject to judicial review in the same manner as the final decision of the disciplinary subcommittee.
(6) Beginning January 1, 2015, the department shall include on its public licensing and registration website each final decision that imposes disciplinary action against a licensee, including the reason for and description of that disciplinary action.
History:
Add. 1993, Act 87, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2014, Act 98, Eff. July 1, 2014 ;-- Am. 2014, Act 413, Eff. Mar. 30, 2015
Compiler's Notes:
Former MCL 333.16216, which pertained to disciplinary subcommittee for board or task force, was repealed by Act 87 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 333.16216a - Member of Disciplinary Subcommittee; Conflict of Interest; Disclosure; "Conflict of Interest" Defined.

333.16216a Member of disciplinary subcommittee; conflict of interest; disclosure; "conflict of interest" defined.
Sec. 16216a.
(1) A member of a disciplinary subcommittee shall not participate in making a decision of that subcommittee that 1 or more of the grounds listed in section 16221 exist, in any investigation, or in the imposition of sanctions under section 16226, concerning a licensee or registrant if that subcommittee member has a conflict of interest.
(2) A member of a disciplinary subcommittee shall disclose a potential conflict of interest described in subsection (1) before that subcommittee takes any action described in subsection (1).
(3) As used in this section, "conflict of interest" means any of the following:
(a) Has a personal or financial interest in the outcome of the investigation of or the imposition of disciplinary sanctions on the licensee, registrant, or applicant for licensure or registration.
(b) Had a past or has a present business or professional relationship with the individual that the disciplinary subcommittee is investigating or against whom the disciplinary subcommittee is considering sanctions.
(c) Has given expert testimony in a medical malpractice action against or on behalf of the individual that the disciplinary subcommittee is investigating or against whom the disciplinary subcommittee is considering sanctions.
(d) Has other interest or relationship designated as a conflict of interest in a rule promulgated or order issued under this act.
History:
Add. 2014, Act 95, Eff. July 1, 2014
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 333.16221a - Investigation of Health Care Provider's Recommendation or Treatment Under Right to Try Act; Definitions.

333.16221a Investigation of health care provider's recommendation or treatment under right to try act; definitions.
Sec. 16221a.
(1) Except in the case of gross negligence or willful misconduct as determined by the department, a health care provider's recommendation or treatment provided as authorized under the right to try act is not grounds for the department to investigate under section 16221 or for disciplinary action against a licensee under section 16226.
(2) As used in this section:
(a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether serious injury to a person would result.
(b) "Willful misconduct" means conduct committed with an intentional or reckless disregard for the safety of others, as by failing to exercise reasonable care to prevent a known danger.
History:
Add. 2014, Act 346, Imd. Eff. Oct. 17, 2014
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 333.16221b - Violation of MCL 333.7303a(4) or (5) or 333.17754a; Reasonable Basis; Issuance of Letter.

333.16221b Violation of MCL 333.7303a(4) or (5) or 333.17754a; reasonable basis; issuance of letter.
Sec. 16221b.
(1) If the department has a reasonable basis to believe that a licensee has violated any of the following, the department is not required to investigate under section 16221 or 16231 and may issue a letter to the licensee notifying the licensee that he or she may be in violation of the applicable section:
(a) Section 7303a(4).
(b) Section 7303a(5).
(c) Section 17754a.
(2) A letter that is issued under this section is not considered discipline.
History:
Add. 2017, Act 249, Imd. Eff. Dec. 27, 2017 ;-- Am. 2020, Act 135, 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 333.16222 - Knowledge of Violation; Report to Department; Confidentiality of Information; Failure to Make Report; Exception; Identity of Licensee or Registrant Making Report; Notice of Criminal Conviction or Disciplinary Action by Another State.

333.16222 Knowledge of violation; report to department; confidentiality of information; failure to make report; exception; identity of licensee or registrant making report; notice of criminal conviction or disciplinary action by another state.
Sec. 16222.
(1) A licensee or registrant who has knowledge that another licensee or registrant has committed a violation under section 16221, article 7, or article 8 or a rule promulgated under article 7 or article 8 shall report the conduct and the name of the subject of the report to the department. Information obtained by the department under this subsection is confidential and is subject to sections 16238 and 16244. Failure of a licensee or registrant to make a report under this subsection does not give rise to a civil cause of action for damages against the licensee or registrant, but the licensee or registrant is subject to administrative action under sections 16221 and 16226. This subsection does not apply to a licensee or registrant who obtains the knowledge of a violation while providing professional services to the licensee or registrant to whom the knowledge applies, who is serving on a duly constituted ethics or peer review committee of a professional association, or who is serving on a committee assigned a professional review function in a health facility or agency.
(2) Unless the licensee or registrant making a report under subsection (1) otherwise agrees in writing, the identity of the licensee or registrant making a report under subsection (1) shall remain confidential unless disciplinary proceedings under this part are initiated against the subject of the report and the licensee or registrant making the report is required to testify in the proceedings.
(3) A licensee or registrant shall notify the department of any criminal conviction within 30 days after the date of the conviction. Failure of a licensee or registrant to notify the department under this subsection shall result in administrative action under sections 16221 and 16226.
(4) A licensee or registrant shall notify the department of any disciplinary licensing or registration action taken by another state against the licensee or registrant within 30 days after the date of the action. This subsection includes, but is not limited to, a disciplinary action that is stayed pending appeal. Failure of a licensee or registrant to notify the department under this subsection shall result in administrative action under sections 16221 and 16226.
History:
Add. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2014, Act 97, Eff. July 1, 2014
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 333.16223 - Impairment of Licensee, Registrant, or Applicant; Report; Exception; Liability.

333.16223 Impairment of licensee, registrant, or applicant; report; exception; liability.
Sec. 16223.
(1) Except as otherwise provided in this section, a licensee or registrant who has reasonable cause to believe that a licensee, registrant, or applicant is impaired shall report that fact to the department. For purposes of this subsection, a report filed with the committee or with the program consultants described in section 16168 is considered to be filed with the department. A licensee or registrant who fails to report under this subsection is not liable in a civil action for damages resulting from the failure to report, but the licensee or registrant is subject to administrative action under sections 16221 and 16226.
(2) This section does not apply to a licensee or registrant who is in a bona fide health professional-patient relationship with a licensee, registrant, or applicant believed to be impaired.
(3) A licensee or registrant who in good faith complies with this section is not liable for damages in a civil action or subject to prosecution in a criminal proceeding as a result of the compliance.
History:
Add. 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 333.16224 - Failure or Refusal to Submit to Examination as Grounds for Denial or Suspension of License; Additional Grounds for Disciplinary Actions.

333.16224 Failure or refusal to submit to examination as grounds for denial or suspension of license; additional grounds for disciplinary actions.
Sec. 16224.
(1) Failure or refusal to submit to an examination that the department, a disciplinary subcommittee, or a board or task force is authorized to require under this part after reasonable notice and opportunity for a hearing constitutes a ground for denial or suspension of a license or registration until the examination is taken.
(2) Additional grounds for disciplinary action may be found in a part dealing with a specific health profession.
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 333.16227 - Suspension or Revocation of License or Registration; Other Sanction or Action.

333.16227 Suspension or revocation of license or registration; other sanction or action.
Sec. 16227.
(1) For an offense committed within 2 years after a previous offense of the same kind, a disciplinary subcommittee shall suspend the license or registration for a period of at least 180 days or revoke the license or registration.
(2) Section 16226 and this section do not limit any other sanction or additional action a disciplinary subcommittee is authorized to impose or take.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2014, Act 97, Eff. July 1, 2014
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 333.16228 - Prescription of Controlled Substance; Investigation; Ad Hoc Review Panel.

333.16228 Prescription of controlled substance; investigation; ad hoc review panel.
Sec. 16228.
(1) For an investigation involving the prescription of a controlled substance, the department may establish an ad hoc review panel to provide the department with expert information regarding a specific health profession or health specialty or a specific health care treatment or procedure as it relates to the investigation. The department shall establish an ad hoc review panel under this subsection as follows:
(a) The department shall triennially establish a pool of 10 physicians, 5 of whom are allopathic physicians licensed under part 170 and 5 of whom are osteopathic physicians licensed under part 175.
(b) For each ad hoc review panel, the department shall appoint 3 physicians from the pool established under subdivision (a).
(2) The ad hoc review panel shall provide the information described in subsection (1) to the department during the investigation process and before a formal complaint is issued.
History:
Add. 1998, Act 423, Eff. Apr. 1, 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 333.16232 - Hearings; Rules.

333.16232 Hearings; rules.
Sec. 16232.
(1) The department shall provide an opportunity for a hearing in connection with the denial, reclassification, limitation, reinstatement, suspension, or revocation of a license or a proceeding to reprimand, fine, order restitution, or place a licensee on probation.
(2) The department shall provide an opportunity for a hearing in connection with the denial, limitation, suspension, revocation, or reinstatement of a registration or a proceeding to reprimand, fine, order restitution, or place a registrant on probation.
(3) A disciplinary subcommittee shall meet within 60 days after receipt of the recommended findings of fact and conclusions of law from a hearings examiner to impose a penalty.
(4) Only the department shall promulgate rules governing hearings under this article, article 7, or article 8 and related preliminary proceedings.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2014, Act 95, Eff. July 1, 2014
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 333.16234 - Conduct of Hearings; Authority of Department.

333.16234 Conduct of hearings; authority of department.
Sec. 16234.
The department may hold hearings and administer oaths and order testimony to be taken at a hearing or by deposition conducted pursuant to the administrative procedures act of 1969.
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 333.16235 - Subpoena; Prima Facie Evidence of Matters Recorded; Admissible Evidence.

333.16235 Subpoena; prima facie evidence of matters recorded; admissible evidence.
Sec. 16235.
(1) Upon application by the attorney general or a party to a contested case, the circuit court may issue a subpoena requiring a person to appear before a hearings examiner in a contested case or before the department in an investigation and be examined with reference to a matter within the scope of that contested case or investigation and to produce books, papers, or documents pertaining to that contested case or investigation. A subpoena issued under this subsection may require a person to produce all books, papers, and documents pertaining to all of a licensee's or registrant's patients in a health facility on a particular day if the allegation that gave rise to the disciplinary proceeding was made by or pertains to 1 or more of those patients.
(2) A copy of a record of a board or a task force or a disciplinary subcommittee or a hearings examiner certified by a person designated by the director is prima facie evidence of the matters recorded and is admissible as evidence in a proceeding in this state with the same force and effect as if the original were produced.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 625, Imd. Eff. Jan. 6, 1979 ;-- 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 333.16236 - Mental or Physical Examination; Expense; Consent; Waiver.

333.16236 Mental or physical examination; expense; consent; waiver.
Sec. 16236.
(1) In a hearing or an investigation where mental or physical inability or substance abuse under section 16221 or impairment is alleged, a disciplinary subcommittee or a hearings examiner or the department with the approval of a disciplinary subcommittee may require the applicant, licensee, or registrant to submit to a mental or physical examination conducted by physicians or other appropriate health professionals designated by the disciplinary subcommittee or the department. An examination conducted under this subsection shall be at the expense of the department.
(2) For purposes of this section, an individual licensed or registered under this part who accepts the privilege of practicing in this state, by so practicing or by receiving a license or renewal to practice or by receiving registration, and an individual who applies for licensure or registration, consents to submit to a mental or physical examination under subsection (1) when directed to do so in writing by a disciplinary subcommittee, a hearings examiner, or the department. The individual waives all objections to the admissibility of the testimony or examination reports of the examining health professional on the ground that the testimony or reports constitute privileged communications.
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 333.16238 - Confidentiality of Information; Compliance Conference Closed to Public.

333.16238 Confidentiality of information; compliance conference closed to public.
Sec. 16238.
(1) Except as otherwise provided in section 13(1)(u) (i) and (ii) of the freedom of information act, Act No. 442 of the Public Acts of 1976, being section 15.243 of the Michigan Compiled Laws, the information including, but not limited to, patient names, obtained in an investigation or a compliance conference before a complaint is issued, is confidential and shall not be disclosed except to the extent necessary for the proper functioning of a hearings examiner, a disciplinary subcommittee, or the department.
(2) A compliance conference conducted under this part before a complaint is issued shall be closed to the public.
History:
Add. 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 333.16239 - Pamphlet.

333.16239 Pamphlet.
Sec. 16239.
Each licensee or registrant who is in private practice shall make available upon request of a patient a pamphlet provided by the department outlining the procedure for filing an allegation with the department under section 16231. The department shall prepare the pamphlet in consultation with appropriate professional associations and the boards and task forces. The department shall prepare and print the pamphlet in languages that are appropriate to the ethnic composition of the patient population where the pamphlet will be available.
History:
Add. 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 333.16243 - Reports; Reporting Name of Licensee, Amount of Damages Awarded, or Amount of Approved Settlement.

333.16243 Reports; reporting name of licensee, amount of damages awarded, or amount of approved settlement.
Sec. 16243.
(1) The department or a disciplinary subcommittee appointed under section 16216 may request and shall receive the following reports:
(a) Information from a licensed health care facility as to disciplinary action taken by it under section 20175.
(b) Information from an insurer providing professional liability insurance as to claims or actions for damages against a licensee; settlements in any amount; a final disposition not resulting in payment on behalf of the insured; or a personal injury claimed to have been caused by an error, omission, or negligence in the performance of the insured professional services. An insurer that receives a request under this subdivision shall submit the information requested directly to the department.
(c) Information from a court in this state as to a felony or misdemeanor conviction of a licensee or registrant or a judgment against a licensee or registrant finding the licensee or registrant negligent in an action for malpractice, whether or not the judgment is appealed.
(d) A report by a licensee or registrant under section 16222.
(e) Information provided by the National Practitioner Data Bank, and reports from the Michigan health care arbitration program.
(f) Reports from any other appropriate source necessary for determination of the competency and safety of the practice of a licensee. Appropriate sources include, but are not limited to, appointed public and private professional review entities and public and private health insurance programs.
(2) Within 10 days after the entry of a judgment against a licensee finding the licensee negligent in an action for malpractice or the approval by a court of a settlement in an action for malpractice, the clerk of the court in which the judgment was entered or the settlement approved shall prepare and immediately forward to the department on a form prescribed by the department a report setting forth the name of the licensee and the amount of damages awarded or the amount of the approved settlement.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2016, Act 103, Eff. Aug. 1, 2016
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
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 333.16244 - Immunity From Civil or Criminal Liability; Physician-Patient Privilege Inapplicable; Confidentiality of Information; Disclosure; Prohibition.

333.16244 Immunity from civil or criminal liability; physician-patient privilege inapplicable; confidentiality of information; disclosure; prohibition.
Sec. 16244.
(1) A person, including a state or county health professional organization, a committee of the organization, or an employee or officer of the organization furnishing information to, or on behalf of, the organization, acting in good faith who makes a report; assists in originating, investigating, or preparing a report; or assists a board or task force, a disciplinary subcommittee, a hearings examiner, the committee, or the department in carrying out its duties under this article is immune from civil or criminal liability including, but not limited to, liability in a civil action for damages that might otherwise be incurred thereby and is protected under the whistleblowers' protection act, Act No. 469 of the Public Acts of 1980, being sections 15.361 to 15.369 of the Michigan Compiled Laws. A person making or assisting in making a report, or assisting a board or task force, a hearings examiner, the committee, or the department, is presumed to have acted in good faith. The immunity from civil or criminal liability granted under this subsection extends only to acts done pursuant to this article or section 21513(e).
(2) The physician-patient privilege created in section 2157 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2157 of the Michigan Compiled Laws, does not apply in an investigation or proceeding by a board or task force, a disciplinary subcommittee, a hearings examiner, the committee, or the department acting within the scope of its authorization. Unless expressly waived by the individual to whom the information pertains, the information obtained is confidential and shall not be disclosed except to the extent necessary for the proper functioning of a board or task force, a disciplinary subcommittee, the committee, or the department. Except as otherwise provided in this subsection, a person shall not use or disseminate the information except pursuant to a valid court order.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 1993, Act 87, Eff. Apr. 1, 1994
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”In the last sentence of subsection (1), the reference to “section 21513(e)” evidently should be to “section 20175 (5) to (7).”
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 333.16245a - Permanent Revocation.

333.16245a Permanent revocation.
Sec. 16245a.
(1) In addition to any other penalty, remedy, or sanction under this act, an individual whose license, registration, or authorization to engage in the practice of a health profession has been permanently revoked under this article is permanently ineligible for a license, registration, or authorization to engage in the practice of a health profession under this article by the department or a board or task force.
(2) The department or a board or task force shall not issue a license or registration to an individual whose license, registration, or authorization to engage in the practice of a health profession has been permanently revoked under this article. The department or a board or task force shall not otherwise authorize an individual to engage in the practice of a health profession under this article if that individual's license, registration, or authorization to engage in the practice of a health profession has been permanently revoked under this article.
History:
Add. 2014, Act 413, Eff. Mar. 30, 2015
Popular Name:
Act 368