reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1105 - Definitions; I to M.

333.1105 Definitions; I to M.
Sec. 1105.
(1) "Individual" means a natural person.
(2) "Local health department" means:
(a) A county health department of a single county provided pursuant to section 2413 and its board of health, if any.
(b) A district health department created pursuant to section 2415 and its board of health.
(c) A city health department created pursuant to section 2421 and its board of health, if any.
(d) Any other local agency approved by the department under part 24.
(3) "Local health officer" means the individual in charge of a local health department or his or her authorized representative.
(4) "Magistrate" means a judge authorized to issue warrants by the laws of this state.
(5) "Minor" means an individual under 18 years of age.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1106 - Definitions.

333.1106 Definitions.
Sec. 1106.
(1) "Opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal food and drug administration for the treatment of drug overdose.
(2) "Opioid-related overdose" means a condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, that results from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be an opioid-related overdose that requires medical assistance.
(3) "Parentage registry" means the department's compilation of data concerning children's parentage, which data the department receives from any source, including, but not limited to, a copy of an order of filiation from the circuit court or an acknowledgment of paternity or parentage under this act, under section 2114 of the estates and protected individuals code, 1998 PA 386, MCL 700.2114, or under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.
(4) "Person" means an individual, partnership, cooperative, association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity. Person does not include a governmental entity unless specifically provided.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1996, Act 307, Imd. Eff. June 20, 1996 ;-- Am. 2000, Act 58, Eff. Apr. 1, 2000 ;-- Am. 2014, Act 311, Imd. Eff. Oct. 14, 2014
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1108 - Definitions; R, S.

333.1108 Definitions; R, S.
Sec. 1108.
(1) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969.
(2) "State" means a state, district, territory, commonwealth, or insular possession of the United States or any area subject to the lawful authority of the United States.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1111 - Intent and Construction of Code.

333.1111 Intent and construction of code.
Sec. 1111.
(1) This code is intended to be consistent with applicable federal and state law and shall be construed, when necessary, to achieve that consistency.
(2) This code shall be liberally construed for the protection of the health, safety, and welfare of the people of this state.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1113 - Headings or Titles of Code.

333.1113 Headings or titles of code.
Sec. 1113.
A heading or title of an article or part of this code shall not be considered as a part of this code or be used to construe the code more broadly or narrowly than the text of the code sections would indicate, but shall be considered as inserted for convenience to users of this code.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1114 - Prohibited Construction of Code.

333.1114 Prohibited construction of code.
Sec. 1114.
(1) This code shall not be construed to vest authority in the department for programs or activities otherwise delegated by state or federal law or rules to another department of state government.
(2) This code shall not be construed to divest or reduce authority or responsibility for mental health services or responsibilities vested in state or local mental health agencies by Act No. 258 of the Public Acts of 1974, as amended, being sections 330.1001 to 330.2106 of the Michigan Compiled Laws, or rules promulgated pursuant to that act.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1115 - Controlling Provisions.

333.1115 Controlling provisions.
Sec. 1115.
A state statute, a rule of the department, or an applicable local health department regulation shall control over a less stringent or inconsistent provision enacted by a local governmental entity for the protection of public health.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-11 - Part 11 Short Title, General Definitions, and Construction (333.1101...333.1117) › Section 333.1117 - References to Repealed or Rescinded Provisions.

333.1117 References to repealed or rescinded provisions.
Sec. 1117.
If a provision of a statute referred to in this code or in a rule authorized or recognized by this code is repealed, or if a provision of a rule authorized or recognized by this code is rescinded, and the provision is substantially reenacted or repromulgated, a reference in this code or the rule to the repealed or rescinded provision is considered a reference to the reenacted or repromulgated provision.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1201 - Delaying Promulgation of New Rules.

333.1201 Delaying promulgation of new rules.
Sec. 1201.
When the department is directed to promulgate rules by this code and rules exist on the date the requirement to promulgate takes effect, which rules the department believes adequately cover the matter, the department may delay the promulgation of new rules until the department considers it advisable.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1203 - Approval of Certain Plans or Issuance of Certain Permits Pursuant to Code; Effect.

333.1203 Approval of certain plans or issuance of certain permits pursuant to code; effect.
Sec. 1203.
The approval of plans or the issuance of a permit pursuant to this code which involves the construction, alteration, or renovation of a building, structure, or premises, the use of a site, or the installation or alteration of equipment does not relieve the person receiving the approval or permit from complying with all consistent applicable provisions of building and construction laws, zoning requirements, and other state and local statutes, charters, ordinances, rules, regulations, and orders.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1205 - Contested Case Hearing; Appeal.

333.1205 Contested case hearing; appeal.
Sec. 1205.
(1) An applicant, licensee, or other person whose legal rights, duties, or privileges are required by this code to be determined by the department, after an opportunity for a hearing, has the right to a contested case hearing in the matter, which shall be conducted pursuant to the administrative procedures act of 1969 and authorized rules governing the hearing.
(2) The decision, finding, or order of the department entered after the hearing may be appealed as provided by the administrative procedures act of 1969, except where otherwise provided by this code.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1211 - Expired. 1978, Act 368, Eff. Sept. 30, 1981.

333.1211 Expired. 1978, Act 368, Eff. Sept. 30, 1981.
Compiler's Notes:
The expired section pertained to transfer of property, personnel, and funds to successor agency.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1212 - Members of Predecessor Agency; Continuation in Office.

333.1212 Members of predecessor agency; continuation in office.
Sec. 1212.
When a board, committee, council, or other agency created by or pursuant to this code was preceded by an agency with the same or similar name and functions, members of the predecessor agency shall continue in office for the duration of the terms of office for which they were appointed and with the new members appointed shall constitute the new agency. Members shall be appointed under this code only as terms of the former members expire or vacancies occur. Members of the predecessor agency may be appointed to the new agency to succeed themselves subject to the limits for the total period of service set forth in this code.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1213 - Members of Successor Agency; Increase or Decrease in Number.

333.1213 Members of successor agency; increase or decrease in number.
Sec. 1213.
(1) When the number of members of a successor agency is increased by this code, additional members shall be appointed to meet the number required for initial terms that will conform to the expiration of terms prescribed by this code. If the code would permit a choice between longer and shorter terms, appointments shall be made for the longer terms.
(2) When the number of members of a successor agency is decreased by this code, appointments shall not be made until the number of members in office falls below the total membership prescribed for the successor agency.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1214 - New Agency Not Succeeding Former Agency; Terms of Office.

333.1214 New agency not succeeding former agency; terms of office.
Sec. 1214.
When a new agency created by this code is not a successor to a former agency and the regular terms of office of its members are 4 years, the highest whole number of its initial members resulting from a division of the total number of members by 4 shall be appointed for terms of 1, 2, 3, and 4 years. The terms of office of an excess number of members resulting from a calculation of fourths shall be for, and spread equally over, the longer terms.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1216 - Travel or Other Expenses; Payment.

333.1216 Travel or other expenses; payment.
Sec. 1216.
Travel or other expenses, or both, incurred by a public officer, agent, or employee in the performance of official functions authorized by this code which are payable out of appropriations shall be paid pursuant to the latest standardized travel regulations of the department of management and budget.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1221 - Expired. 1978, Act 368, Eff. Sept. 30, 1983.

333.1221 Expired. 1978, Act 368, Eff. Sept. 30, 1983.
Compiler's Notes:
The expired section pertained to the extension of outstanding license, registration, certificate, or permit beyond stated expiration date.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1222 - Renewals; Distribution of Work; Pro Rata Fee; Waiver.

333.1222 Renewals; distribution of work; pro rata fee; waiver.
Sec. 1222.
(1) In order to distribute the work of renewals in the interests of administrative efficiency, the appropriate state agency may:
(a) Schedule expirations established under section 16194 or otherwise under law to spread them over each year of a biennium or longer term.
(b) Issue initial licenses in the interim during a normal term to expire on the next normal expiration date or the first normal expiration date thereafter, and prorate the fees therefor.
(2) The issuing agency shall collect, before a renewal is issued under section 1221 or this section, a pro rata fee for the period of the extension granted under section 1221 or this section. However, to save administrative costs, the agency may waive this fee for an extension of not more than 2 months.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1291 - Obstruction of Person Enforcing Health Law.

333.1291 Obstruction of person enforcing health law.
Sec. 1291.
A person shall not wilfully oppose or obstruct a department representative, health officer, or any other person charged with enforcement of a health law in the performance of that person's legal duty to enforce that law.
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 1 - Preliminary Provisions (333.1101...333.1299) › 368-1978-1-12 - Part 12 General Provisions (333.1201...333.1299) › Section 333.1299 - Violation as Misdemeanor; Prosecution.

333.1299 Violation as misdemeanor; prosecution.
Sec. 1299.
(1) A person who violates a provision of this code for which a penalty is not otherwise provided is guilty of a misdemeanor.
(2) A prosecuting attorney having jurisdiction and the attorney general knowing of a violation of this code, a rule promulgated under this code, or a local health department regulation the violation of which is punishable by a criminal penalty may prosecute the violator.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2201 - Department of Public Health and Office of Director of Public Health Continued.

333.2201 Department of public health and office of director of public health continued.
Sec. 2201.
The department of public health and the office of the director of public health created by sections 425 and 426 of Act No. 380 of the Public Acts of 1965, being sections 16.525 and 16.526 of the Michigan Compiled Laws, shall continue under this code.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the division of occupational health in the bureau of environmental and occupational health, with the exception of dry cleaning unit, from the department of public health to the director of the department of labor, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of certain powers and duties of the office of policy, planning and evaluation from the department of public health to the director of the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2202 - Director of Public Health; Appointment, Term, and Qualifications; Designation and Responsibility of Chief Medical Executive; “Administrative Experience” Defined.

333.2202 Director of public health; appointment, term, and qualifications; designation and responsibility of chief medical executive; “administrative experience” defined.
Sec. 2202.
(1) The governor shall appoint the director of public health by the method and for a term prescribed by section 508 of Act No. 380 of the Public Acts of 1965, being section 16.608 of the Michigan Compiled Laws. The director shall be qualified in the general field of health administration. Qualification may be demonstrated by either of the following:
(a) Not less than 8 years administrative experience of which not less than 5 years have been in the field of health administration.
(b) A degree beyond the level of baccalaureate in a field related to public health or administration, and not less than 5 years of administrative experience in the field of health administration.
(2) If the director is not a physician, the director shall designate a physician as chief medical executive of the department. The chief medical executive shall be a full-time employee and shall be responsible to the director for the medical content of policies and programs.
(3) As used in this section, "administrative experience" means service in a management or supervisory capacity.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of certain powers and duties of the chief medical executive from the department of public health to the director of the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of powers and duties of chief medical executive to the new chief medical executive in the office of chief medical executive created within the department of health and human services, and abolishment of the position of chief medical executive, see E.R.O. No. 2016-4, compiled at MCL 333.26369.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2204 - Director of Public Health; Salary; Full-Time Performance of Functions; Expenses.

333.2204 Director of public health; salary; full-time performance of functions; expenses.
Sec. 2204.
The director shall receive an annual salary appropriated by the legislature and payable in the same manner as salaries of other state officers. The director's full time shall be devoted to the performance of the functions of the director's office. The director shall receive expenses necessarily incurred in the performance of official functions.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2205 - Assignment, Vesting, and Exercise of Functions; Internal Organization of Department; Allocation and Reallocation of Duties and Functions.

333.2205 Assignment, vesting, and exercise of functions; internal organization of department; allocation and reallocation of duties and functions.
Sec. 2205.
(1) A function assigned by this code to the department vests in the director or in an employee or agent of the department designated by the director, or in any employee or agent of the department who is assigned the function in accordance with internal administrative procedures of the department established by the director. A function vested by law in a nonautonomous entity of the department may be exercised by the director.
(2) As provided in section 7 of Act No. 380 of the Public Acts of 1965, being section 16.107 of the Michigan Compiled Laws, and except as otherwise provided by law, the director with the approval of the governor may establish the internal organization of the department and to allocate and reallocate duties and functions to provide economic and efficient administration and operation of the department.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2208 - Public Health Advisory Council; Creation; Appointment, Qualifications, and Terms of Members; Removal; Vacancy.

333.2208 Public health advisory council; creation; appointment, qualifications, and terms of members; removal; vacancy.
Sec. 2208.
(1) The public health advisory council is created in the department. The public health advisory council shall consist of 16 members. Initial members of the public health advisory council shall include those individuals currently appointed to the advisory council created under section 506 of Act No. 380 of the Public Acts of 1965, being section 16.606 of the Michigan Compiled Laws, who shall serve for the remainder of their terms under that section.
(2) The advisory council shall represent consumers and providers of health care representative of the population as to sex, race, and ethnicity and shall include representatives of a local governing entity as defined in part 24 and a local health department. New members shall be appointed by the governor with the advice and consent of the senate. Except for initial members, a member of the public health advisory council shall serve for a term of 4 years or until a successor is appointed. After the effective date of this part, an individual shall not serve more than 2 full terms and 1 partial term, consecutive or otherwise.
(3) The director may request the governor to remove a member from the public health advisory council at any time for good cause.
(4) A vacancy shall be filled in the same manner as an original appointment for the balance of the unexpired term.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the public health advisory council to the director of the department of community health and abolishment of the council, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2209 - Public Health Advisory Council; Election and Terms of Chairperson and Vice-Chairperson; Quorum; Reimbursement; Staff Support.

333.2209 Public health advisory council; election and terms of chairperson and vice-chairperson; quorum; reimbursement; staff support.
Sec. 2209.
(1) The public health advisory council shall elect a chairperson and vice-chairperson for terms of 2 years and shall determine the number of voting members constituting a quorum for the transaction of business.
(2) Public health advisory council members shall be reimbursed pursuant to section 1216.
(3) The department shall provide staff support to the public health advisory council.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the public health advisory council to the director of the department of community health and abolishment of the council, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2210 - Public Health Advisory Council; Powers and Duties Generally.

333.2210 Public health advisory council; powers and duties generally.
Sec. 2210.
(1) The public health advisory council shall advise and consult with the director on public health programs and policies.
(2) The public health advisory council may:
(a) Study issues, problems, and programs which the council and director jointly determine are of priority in the implementation of the responsibilities of the state and local health departments.
(b) Advise the director on selected issues related to health planning and department implementation of long-term health policies.
(c) Make recommendations as to the department's state health plan development responsibilities and duties delegated to the department pursuant to law.
(d) Make recommendations as to the activities of all advisory committees, councils, boards, task forces, and commissions created in the department under this code or any other law and report annually to the director on the activities of those entities with particular attention to areas of overlapping functions and activities.
(e) Provide other assistance the director reasonably requests.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the public health advisory council to the director of the department of community health and abolishment of the council, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2211 - Coordination Between Local Health Departments and Local Health Planning Agencies; Review; Annual Assessment; Information.

333.2211 Coordination between local health departments and local health planning agencies; review; annual assessment; information.
Sec. 2211.
(1) In each of the 3 years immediately after the effective date of this part, the public health advisory council shall review the coordination between local health departments and local health planning agencies, and make annual assessments by January 1 of those years to the director including actions which should be taken to improve coordination. The annual assessment shall be available to the governor, legislature, county boards of commissioners, local health departments, health planning agencies, and other interested persons.
(2) The department shall provide the public health advisory council with information necessary to carry out its functions under this code.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the public health advisory council to the director of the department of community health and abolishment of the council, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2213 - Task Forces.

333.2213 Task forces.
Sec. 2213.
(1) The public health advisory council may appoint task forces composed of council members and other individuals in a number the council determines is appropriate when the council determines that either of the following exists:
(a) A task force is appropriate to provide professional or technical expertise related to a department or council function under this code.
(b) A task force is appropriate to provide additional public participation in a department or council function under this code.
(2) The department may request that the public health advisory council establish a task force when the department determines that the task force is appropriate to the functions vested in the department by this code.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the public health advisory council to the director of the department of community health and abolishment of the council, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2215 - Termination of Advisory Committee or Task Force; Exception; Review of Advisory Council, Commission, Board, Task Force, or Body.

333.2215 Termination of advisory committee or task force; exception; review of advisory council, commission, board, task force, or body.
Sec. 2215.
(1) An advisory committee to the department created in this code or task force created under section 2213 shall terminate 2 years after the date of its creation or renewal unless the public health advisory council not later than 90 days before an advisory committee is to terminate reviews the need for the continued existence of the advisory committee or task force and thereafter recommends its continuance.
(2) Upon the recommendation of the public health advisory council the director may reappoint or request reappointment of an advisory committee which would have been otherwise terminated pursuant to subsection (1). Subsection (1) does not apply to advisory councils, commissions, boards, task forces, or other advisory bodies which are not specifically designated as advisory committees.
(3) Not later than 2 years after the effective date of this code, and biennially thereafter, the public health advisory council shall review and advise the director on the need for, and alternatives to, each advisory council, commission, board, task force, or body established in the department.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the public health advisory council to the director of the department of community health and abolishment of the council, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2221 - Organized Programs to Prevent Disease, Prolong Life, and Promote Public Health; Duties of Department.

333.2221 Organized programs to prevent disease, prolong life, and promote public health; duties of department.
Sec. 2221.
(1) Pursuant to section 51 of article 4 of the state constitution of 1963, the department shall continually and diligently endeavor to prevent disease, prolong life, and promote the public health through organized programs, including prevention and control of environmental health hazards; prevention and control of diseases; prevention and control of health problems of particularly vulnerable population groups; development of health care facilities and agencies and health services delivery systems; and regulation of health care facilities and agencies and health services delivery systems to the extent provided by law.
(2) The department shall:
(a) Have general supervision of the interests of the health and life of the people of this state.
(b) Implement and enforce laws for which responsibility is vested in the department.
(c) Collect and utilize vital and health statistics and provide for epidemiological and other research studies for the purpose of protecting the public health.
(d) Make investigations and inquiries as to:
(i) The causes of disease and especially of epidemics.
(ii) The causes of morbidity and mortality.
(iii) The causes, prevention, and control of environmental health hazards, nuisances, and sources of illness.
(e) Plan, implement, and evaluate health education by the provision of expert technical assistance and financial support.
(f) Take appropriate affirmative action to promote equal employment opportunity within the department and local health departments and to promote equal access to governmental financed health services to all individuals in the state in need of service.
(g) Have powers necessary or appropriate to perform the duties and exercise the powers given by law to the department and which are not otherwise prohibited by law.
(h) Plan, implement, and evaluate nutrition services by the provision of expert technical assistance and financial support.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2223 - Biennial Plan for Rural Health; Preparation; Submission to Standing Committees.

333.2223 Biennial plan for rural health; preparation; submission to standing committees.
Sec. 2223.
The center for rural health created under section 2612, in consultation with the department and professional associations representing health facilities and health professions, shall prepare a biennial plan for rural health. The center for rural health, in consultation with the department, shall submit the plan to the standing committees in the senate and house of representatives with jurisdiction over matters pertaining to public health.
History:
Add. 1990, Act 125, Imd. Eff. June 26, 1990
Compiler's Notes:
For transfer of certain powers and duties of the center for rural health from the department of public health to the director of the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of powers and duties of the center for rural health to the director of the department of community health and abolishment of the center, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2224 - Promotion of Local Health Services; Coordination and Integration of Public Health Services.

333.2224 Promotion of local health services; coordination and integration of public health services.
Sec. 2224.
Pursuant to this code, the department shall promote an adequate and appropriate system of local health services throughout the state and shall endeavor to develop and establish arrangements and procedures for the effective coordination and integration of all public health services including effective cooperation between public and nonpublic entities to provide a unified system of statewide health care.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2226 - Powers of Department.

333.2226 Powers of department.
Sec. 2226.
The department may:
(a) Engage in research programs and staff professional training programs.
(b) Advise governmental entities or other persons as to the location, drainage, water supply, disposal of solid waste, heating, and ventilation of buildings.
(c) Enter into an agreement, contract, or arrangement with governmental entities or other persons necessary or appropriate to assist the department in carrying out its duties and functions.
(d) Exercise authority and promulgate rules to safeguard properly the public health; to prevent the spread of diseases and the existence of sources of contamination; and to implement and carry out the powers and duties vested by law in the department.
(e) Accept gifts, grants, bequests, and other donations in the name of this state. Funds or property accepted shall be used as directed by its donor and in accordance with the law, rules, and procedures of this state.
(f) Either directly or by interagency contract, develop and deliver health services to vulnerable population groups.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
Admin Rule:
R 325.60; R 325.921 et seq.; R 325.951 et seq.; R 325.2101 et seq.; R 325.2111 et seq.; R 325.3271 et seq.; R 325.3401 et seq.; R 325.3801 et seq.; R 325.5801 et seq.; R 325.9001 et seq.; R 325.9901 et seq.; R 325.13051 et seq.; R 325.13091 et seq.; R 325.23101 et seq.; and R 560.401 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2228 - Heads of Intra-Departmental Units and Employees; Appointment; Salaries and Expenses; Liability for Damages; Quarters and Facilities.

333.2228 Heads of intra-departmental units and employees; appointment; salaries and expenses; liability for damages; quarters and facilities.
Sec. 2228.
(1) The director may appoint, subject to civil service procedures, heads of intra-departmental units and employees necessary to perform the functions prescribed by this code or any other law. Salaries and expenses incurred under this code shall be paid out of the amount appropriated for that purpose with the approval of the director.
(2) The director or an employee or representative of the department is not personally liable for damages sustained in the performance of departmental functions, except for wanton and wilful misconduct.
(3) The department of management and budget shall provide suitable quarters and facilities for the department.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2229 - Employees at Veterans' Facility Physically Injured by Assault; Wages; Supplement; Fringe Benefits.

333.2229 Employees at veterans' facility physically injured by assault; wages; supplement; fringe benefits.
Sec. 2229.
A person employed by the department at the Michigan veterans' facility at Grand Rapids, or the D.J. Jacobetti veterans' facility at Marquette established under Act No. 152 of the Public Acts of 1885, being sections 36.1 to 36.12 of the Michigan Compiled Laws, or any other veterans' facility operated by the department after the effective date of this section who is physically injured during the course of his or her employment as the result of an assault by a recipient of department services shall receive his or her full wages from the department until worker's compensation benefits begin and then shall receive in addition to worker's compensation benefits a supplement from the department which together with the worker's compensation benefits shall equal but not exceed the weekly net wage of the employee at the time of the injury. This supplement shall only apply while the person is on the department's payroll and is receiving worker's compensation benefits due to an injury covered by this section and shall include an employee who is receiving worker's compensation benefits on the effective date of this section due to an injury covered by this section. This supplement shall not exceed a 100 week period. Fringe benefits normally received by an employee shall be in effect during the time the employee receives the supplement provided by this section from the department.
History:
Add. 1987, Act 285, Imd. Eff. Jan. 6, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2231 - Furnishing Information Relating to Public Health; Report.

333.2231 Furnishing information relating to public health; report.
Sec. 2231.
(1) To assist the department in its duties and functions, officials of this state and persons transacting business in this state shall furnish the department with information relating to public health which may be requested by the department.
(2) The department shall report periodically to the governor and legislature as to the activities carried on under this code.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2232 - Repealed. 1986, Act 79, Eff. Apr. 1, 1987.

333.2232 Repealed. 1986, Act 79, Eff. Apr. 1, 1987.
Compiler's Notes:
The repealed section pertained to material safety data sheets, lists of hazardous chemicals, and access to information from employees regarding hazardous chemicals in workplace.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2232a - Repeal of MCL 333.2232.

333.2232a Repeal of MCL 333.2232.
Sec. 2232a.
Section 2232 is repealed on April 1, 1987.
History:
Add. 1986, Act 79, Imd. Eff. Apr. 7, 1986
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2233 - Rules.

333.2233 Rules.
Sec. 2233.
(1) The department may promulgate rules necessary or appropriate to implement and carry out the duties or functions vested by law in the department.
(2) If the Michigan supreme court rules that sections 45 and 46 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.245 and 24.246 of the Michigan Compiled Laws, are unconstitutional, and a statute requiring legislative review of administrative rules is not enacted within 90 days after the Michigan supreme court ruling, the department shall not promulgate rules under this act.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1996, Act 67, Imd. Eff. Feb. 26, 1996
Compiler's Notes:
In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and (12) and the second sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in providing for the Legislature's reservation of authority to approve or disapprove rules proposed by executive branch agencies, did not comply with the enactment and presentment requirements of Const 1963, Art 4, and violated the separation of powers provision of Const 1963, Art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions remaining effective. Blank v Department of Corrections, 462 Mich 103 (2000).
Popular Name:
Act 368
Admin Rule:
R 287.1; R 287.451 et seq.; R 287.481 et seq.; R 325.60; R 325.151 et seq.; R 325.921 et seq.; R 325.951 et seq.; R 325.1053 et seq.; R 325.1213 et seq.; R 325.1281 et seq.; R 325.1541 et seq.; R 325.2101 et seq.; R 325.2111 et seq.; R 325.2581; R 325.3271 et seq.; R 325.3311 et seq.; R 325.3401 et seq.; R 325.3801 et seq.; R 325.5810 et seq.; R 325.9001 et seq.; R 325.13051 et seq.; R 325.13091 et seq.; R 325.17101 et seq.; R 325.23101 et seq.; R 338.3801; and R 338.3821 et seq. of the Michigan Administrative Code.