reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13813 - Producing Facility; Registration; Form; Medical Waste Management Plan Required; Registration Fee; Certificate of Registration; Investigation of Complaint; Inspection of Facility; Disposition of Fees.

333.13813 Producing facility; registration; form; medical waste management plan required; registration fee; certificate of registration; investigation of complaint; inspection of facility; disposition of fees.
Sec. 13813.
(1) Each producing facility shall register with the department on a form prescribed by the department. A producing facility shall have a written medical waste management plan that contains information required in section 13817 on file on the premises within 90 days after registration.
(2) A producing facility shall submit the following registration fee with the registration form:
(a) For a producing facility that is a private practice office with fewer than 4 licensees under article 15 who are physicians, dentists, podiatrists, certified nurse practitioners, certified nurse midwives, or veterinarians employed by, under contract to, or working at the producing facility, a registration fee of $50.00.
(b) For a producing facility that is a private practice office with 4 or more licensees under article 15 who are physicians, dentists, podiatrists, certified nurse practitioners, certified nurse midwives, or veterinarians employed by, under contract to, or working at the producing facility, a registration fee of $20.00 for each licensee, up to a maximum total registration fee of $80.00.
(3) Upon receipt of a complete registration form and registration fee under this section or section 13815, the department shall issue a certificate of registration to the producing facility. A certificate of registration issued under this section is valid for 3 years from its date of issuance. The department shall investigate each complaint received and may inspect a producing facility registered under this section pursuant to the receipt of a complaint.
(4) Registration fees collected pursuant to this section and section 13815 shall be forwarded to the state treasury and deposited pursuant to section 13829.
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13815 - Registration Fee.

333.13815 Registration fee.
Sec. 13815.
A producing facility shall submit the following registration fee with the registration form required under section 13813:
(a) For a producing facility that is a health facility or agency other than a hospital described in subdivision (b) and for a producing facility that is not a health facility or agency, a registration fee of $75.00.
(b) For a producing facility that is a health facility or agency that is a hospital with 150 or more licensed beds or a clinical laboratory, a registration fee of $150.00.
History:
Add. 1990, Act 21, Eff. June 4, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13817 - Medical Waste Management Plan; Contents; Compliance; Update; Availability.

333.13817 Medical waste management plan; contents; compliance; update; availability.
Sec. 13817.
(1) The medical waste management plan required in section 13813 shall contain information relating to the handling of all medical waste generated, stored, decontaminated, or incinerated at each producing facility or transported from the producing facility for handling by another facility for storage, decontamination, incineration, or for disposal in a sanitary landfill, cemetery, or other disposal site. A professional corporation may identify and prepare a common medical waste management plan for all producing facilities owned and operated by the corporation. The medical waste management plan shall describe each of the following, to the extent the information is applicable to the producing facility:
(a) The types of medical waste handled.
(b) The segregation, packaging, labeling, and collection procedures used.
(c) The use and methods of on-site or off-site storage.
(d) The use and methods of on-site or off-site decontamination.
(e) The use of on-site or off-site incineration.
(f) The corporate or other legally recognized business name of solid waste haulers who transport medical waste for the producing facility.
(g) The use of sanitary landfills, cemeteries, and other disposal sites.
(h) The measures to minimize exposure of the facility's employees to infectious agents throughout the process of handling and disposing of the medical waste, including, where applicable, the use of protocols, procedures and training, personal protective devices and clothing, physical containment or isolation devices or systems, and prevention or control of aerosols.
(i) The name of the individual responsible for the management of the medical waste.
(2) A medical waste management plan shall comply with the requirements of this act.
(3) A producing facility shall update a medical waste management plan each time there is a change in either of the following, within 30 days after the change occurs:
(a) A person or site named in the plan.
(b) The types of medical waste handled or the methods of handling medical waste at the facility.
(4) Upon request, a producing facility shall make its medical waste management plan available to the department pursuant to a routine or unannounced inspection or the investigation of a complaint.
(5) Upon receipt of 24 hours' advance notice, a producing facility shall make its medical waste management plan available to an employee of the producing facility for inspection on the premises or provide a copy of the medical waste management plan to the employee.
(6) A producing facility shall comply with its medical waste management plan.
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13819 - Medical Waste Management Plan; Modification; Warning.

333.13819 Medical waste management plan; modification; warning.
Sec. 13819.
(1) Upon review of a medical waste management plan under section 13817(4), the department may require a producing facility to modify the medical waste management plan at any time the department determines the plan is not adequate to protect the public health or is inconsistent with state or federal law. Upon determining that the plan is inadequate or inconsistent under this section, the department shall notify the producing facility in writing of its determination and the specific modifications necessary for compliance. The producing facility shall modify the plan within 10 days after receipt of the notice from the department.
(2) The department may issue a warning to a producing facility that fails to modify a plan within the 10-day period.
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13821 - Manner of Packaging Medical Waste.

333.13821 Manner of packaging medical waste.
Sec. 13821.
A producing facility that transports medical waste off the premises of the producing facility shall package the medical waste in the following manner:
(a) Sharps that are not ground or incinerated as described in section 13811(d) shall be contained for disposal in individual leakproof, rigid, puncture-resistant containers that are secured to preclude loss of the contents. In addition, a container used to store or transport a number of individual sharps containers shall be leakproof. These containers shall be conspicuously labeled with the word "sharps". Sharps that are contained pursuant to this subdivision may be disposed of as solid waste pursuant to part 115 (solid waste management) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.11501 to 324.11549 of the Michigan Compiled Laws. However, sharps shall not be compacted or handled during transport in a manner that will result in breakage of a sharps container.
(b) Medical waste other than sharps shall be contained in bags other than body pouches or other containers that are impervious to moisture and have a strength sufficient to resist ripping, tearing, breaking, or bursting under normal conditions of usage or handling. The bags or containers shall be secured so as to prevent leakage during storage, handling, or transport.
History:
Add. 1990, Act 18, Eff. May 31, 1990 ;-- Am. 1996, Act 67, Imd. Eff. Feb. 26, 1996
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13823 - Investigation and Confirmation of Reported Medical Waste on Land or Water; Report; Protective Measures; Consultations; Information on Results of Investigation.

333.13823 Investigation and confirmation of reported medical waste on land or water; report; protective measures; consultations; information on results of investigation.
Sec. 13823.
(1) If suspected medical waste is discovered on any land or water in the state and reported to the department of natural resources, the department of public health, a local health department, the department of state police, or any other state or local governmental agency, the agency or department receiving the report shall promptly investigate to confirm the existence of medical waste. If the existence of medical waste is confirmed by a department or agency other than the department of natural resources, a report shall be transmitted immediately to the department of natural resources. The department of natural resources may if appropriate take measures to contain the medical waste, to close off the area, to remove the medical waste from the environment, and to do all things necessary to protect the public health, safety, and welfare and the environment. The department of natural resources may if appropriate conduct an investigation to determine the source of the medical waste.
(2) The department of natural resources may consult with the department of public health, the appropriate local health department, the department of state police, and the department of attorney general on the actions taken by the department of natural resources under this section.
(3) After the department of natural resources confirms the existence of medical waste under this section, the department of natural resources shall inform the legislature, the governor, the advisory council, and the public on the results of any investigation conducted within 30 days after the investigation is completed.
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13825 - Investigation and Confirmation of Violation; Report; Corrective and Protective Measures; Consultations; Assistance; Information on Results of Investigation.

333.13825 Investigation and confirmation of violation; report; corrective and protective measures; consultations; assistance; information on results of investigation.
Sec. 13825.
(1) If there is a suspected violation of this part on the premises of a health facility or agency or on the premises of an incinerator owned and operated by a health facility or agency, the department of public health shall promptly conduct an investigation to confirm the violation. If the suspected violation is reported to the department of natural resources, a local health department, the department of state police, or any other state or local governmental agency, the report immediately shall be transmitted to the department of public health. If the investigation confirms the existence of a violation of this part, the department of public health may if appropriate take measures to correct the violation and to do all things necessary to protect the public health, safety, and welfare and the environment.
(2) The department of public health may consult with the department of natural resources, the appropriate local health department, the department of state police, and the department of attorney general on the actions taken by the department of public health under this section. If the suspected violation of this part is at an incinerator owned and operated by a health facility or agency, the department of public health immediately shall notify the department of natural resources and request the assistance of the department of natural resources in conducting the investigation.
(3) If the department of public health confirms the existence of a violation under this section, the department of public health shall inform the legislature, the governor, the advisory council, and the public on the results of the investigation conducted within 30 days after the investigation is completed.
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13827 - Interdepartmental Medical Waste Advisory Council; Creation; Appointment and Qualifications of Members; Chairperson; Duties of Advisory Council.

333.13827 Interdepartmental medical waste advisory council; creation; appointment and qualifications of members; chairperson; duties of advisory council.
Sec. 13827.
(1) The interdepartmental medical waste advisory council is created in the department. The council shall consist of the following members appointed as follows:
(a) One individual appointed by the director of public health representing the department.
(b) One individual appointed by the director of the department of natural resources representing the department of natural resources.
(c) One individual appointed by the director of the department of state police representing the department of state police.
(d) One individual appointed by the director of commerce representing the department of commerce, who has knowledge of tourism in the state.
(e) One individual appointed by the attorney general representing the department of the attorney general.
(2) The representative of the department shall serve as chairperson.
(3) The advisory council shall do all of the following:
(a) Collect data pertaining to medical waste reports and investigations under this part.
(b) Annually report to the governor, the standing committees in the senate and house of representatives with jurisdiction over public health matters, the department of public health, and the department of natural resources on all of the following:
(i) The number of medical waste reports received and investigations conducted under this part.
(ii) The implementation and effectiveness of this part.
(iii) Changes in the overall regulatory scheme pertaining to medical waste, including, but not limited to, the enactment of pertinent federal law.
(iv) Recommendations, if any, that the advisory council has for changes to this part or any other state statute or rule that pertains to medical waste.
(v) Coordinate reports and investigations under this part between the department of public health and the department of natural resources.
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13829 - Medical Waste Emergency Response Fund; Creation; Deposits; Investments; Interest and Earnings; No Reversion to General Fund; Use of Fund.

333.13829 Medical waste emergency response fund; creation; deposits; investments; interest and earnings; no reversion to general fund; use of fund.
Sec. 13829.
(1) The medical waste emergency response fund is created in the state treasury.
(2) The state treasurer shall deposit in the fund all money received pursuant to this act and all money received by the fund as otherwise provided by law.
(3) The state treasurer shall direct the investment of the fund. Interest and earnings of the fund shall be credited to the fund. Money in the fund at the close of the fiscal year shall remain in the fund and shall not revert to the general fund.
(4) Not more than 80% of the total amount in the fund shall be used by the department of public health for administrative expenses related to the implementation of this part, and the balance may be used by the department of natural resources for response activities necessitated by the release of medical waste into the environment.
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13830 - Rules to Prescribe Training Standards.

333.13830 Rules to prescribe training standards.
Sec. 13830.
(1) The department shall promulgate rules to prescribe training standards for both medical and nonmedical personnel who handle medical waste in producing facilities.
(2) Each producing facility shall train its personnel who handle medical waste pursuant to the rules promulgated under subsection (1).
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
Admin Rule:
R 325.1541 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 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13831 - Violation; Administrative Fine; Failure to Register or Have Plan Available for Inspection; Injunction.

333.13831 Violation; administrative fine; failure to register or have plan available for inspection; injunction.
Sec. 13831.
(1) Except as provided in subsection (2), a person who violates this part or a rule promulgated under this part is subject to an administrative fine of not more than $2,500.00 for each violation and an additional fine of not more than $1,000.00 for each day during which the violation continues. For a first offense, the department of public health or the department of natural resources may postpone the levying of a fine under this subsection for not more than 45 days or until the violation is corrected, whichever occurs first.
(2) A person who fails to register with the department or have a medical waste management plan available for inspection in compliance with sections 13813 and 13817 is subject to an administrative fine of $500.00.
(3) A person who violates this act may be enjoined by a court of competent jurisdiction from continuing the violation.
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13832 - Part Subject to MCL 324.1401 to 324.1429.

333.13832 Part subject to MCL 324.1401 to 324.1429.
Sec. 13832.
This part is subject to part 14 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1401 to 324.1429.
History:
Add. 2012, Act 556, Imd. Eff. Jan. 2, 2013
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 333.16101 - Meanings of Words and Phrases; General Definitions and Principles of Construction.

333.16101 Meanings of words and phrases; general definitions and principles of construction.
Sec. 16101.
(1) For purposes of this article, the words and phrases defined in sections 16103 to 16109a have the meanings ascribed to them in those sections unless the context requires a different meaning.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2021, Act 167, Imd. Eff. Dec. 27, 2021
Compiler's Notes:
For transfer of powers and duties of certain health-related functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws. For transfer of rule-making authority of occupational and health occupation boards and related task forces from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.For transfer of powers and duties of the bureau of health services from the department of consumer and industry services to the director of the department of community health by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
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 333.16103 - Definitions; a to C.

333.16103 Definitions; A to C.
Sec. 16103.
(1) "Armed forces" means the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard or other military force designated by Congress as part of the Armed Forces of the United States, including the reserve components.
(2) "Board" as used in this part means each board created in this article and as used in any other part covering a specific health profession means the board created in that part.
(3) "Certificate of licensure" means a document issued as evidence of authorization to practice and use a designated title.
(4) "Certificate of registration" means a document issued as evidence of authorization to use a designated title.
(5) "Controlled substance" means that term as defined in section 7104.
(6) "Conviction" means a judgment entered by a court on a plea of guilty, guilty but mentally ill, or nolo contendere or on a jury verdict or court finding that a defendant is guilty or guilty but mentally ill.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1990, Act 247, Imd. Eff. Oct. 12, 1990 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2021, Act 25, Eff. Sept. 7, 2021
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16103a - “Committee” Defined.

333.16103a “Committee” defined.
Sec. 16103a.
"Committee" means the health professional recovery committee created in section 16165.
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16104 - Definitions; D to G.

333.16104 Definitions; D to G.
Sec. 16104.
(1) "DEA registration number" means the number associated with a certificate of registration issued to a practitioner to prescribe, dispense, or administer controlled substances by the United States Department of Justice Drug Enforcement Administration.
(2) "Delegation" means an authorization granted by a licensee to a licensed or unlicensed individual to perform selected acts, tasks, or functions that fall within the scope of practice of the delegator and that are not within the scope of practice of the delegatee and that, in the absence of the authorization, would constitute illegal practice of a licensed profession.
(3) "Department" means the department of licensing and regulatory affairs.
(4) "Director" means the director of the department or the director's designee.
(5) "Disciplinary subcommittee" means a disciplinary subcommittee appointed under section 16216.
(6) "Good moral character" means good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2011, Act 210, Imd. Eff. Nov. 8, 2011 ;-- Am. 2020, Act 371, Eff. Apr. 4, 2021
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16105 - Definitions; H.

333.16105 Definitions; H.
Sec. 16105.
(1) "Health occupation" means a health related vocation, calling, occupation, or employment performed by an individual whether or not the individual is licensed or registered under this article.
(2) "Health profession" means a vocation, calling, occupation, or employment performed by an individual acting pursuant to a license or registration issued under this article.
(3) "Health profession specialty field" means an area of practice established under this article that is within the scope of activities, functions, and duties of a licensed health profession and that requires advanced education and training beyond that required for initial licensure.
(4) "Health profession specialty field license" means an authorization to use a title issued to a licensee who has met qualifications established by the Michigan board of dentistry for registration in a health profession specialty field. An individual who holds a dental specialty certification on the effective date of the amendatory act that added this subsection is considered to hold a health profession specialty field license in that speciality and may obtain renewal of the health profession specialty field license in that speciality on the expiration date of the specialty certification. The health profession specialty field license is not a license as that term is defined in section 16106(2).
(5) "Health profession subfield" means an area of practice established under this article which is within the scope of the activities, functions, and duties of a licensed health profession, and requires less comprehensive knowledge and skill than is required to practice the full scope of the health profession.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 643, Imd. Eff. Dec. 23, 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 333.16105a - “Health Professional Recovery Program” Defined.

333.16105a “Health professional recovery program” defined.
Sec. 16105a.
"Health professional recovery program" or "program" means a nondisciplinary, treatment-oriented program for impaired health professionals established under section 16167.
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16106 - Definitions; I to L.

333.16106 Definitions; I to L.
Sec. 16106.
(1) "Incompetence" means a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for a health profession, whether or not actual injury to an individual occurs.
(2) "License", except as otherwise provided in this subsection and section 17708(2), means an authorization issued under this article to practice where practice would otherwise be unlawful. License includes an authorization to use a designated title which use would otherwise be prohibited under this article and may be used to refer to a health profession subfield license, limited license, or a temporary license. License does not include a health profession specialty field license.
(3) "Licensee", as used in a part that regulates a specific health profession, means an individual to whom a license is issued under that part, and as used in this part means each licensee regulated by this article.
(4) "Limitation" means an action by which a board imposes restrictions or conditions, or both, on a license.
(5) "Limited license" means a license to which restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client served are imposed by a board.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1997, Act 153, Eff. Mar. 31, 1998 ;-- Am. 2002, Act 643, Imd. Eff. Dec. 23, 2002 ;-- Am. 2022, Act 80, Eff. Mar. 29, 2023
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16106a - Definitions.

333.16106a Definitions.
Sec. 16106a.
"Impaired" or "impairment" means the inability or immediately impending inability of a health professional to practice his or her health profession in a manner that conforms to the minimum standards of acceptable and prevailing practice for that health profession due to the health professional's substance abuse, chemical dependency, or mental illness or the health professional's use of drugs or alcohol that does not constitute substance abuse or chemical dependency. As used in this section:
(a) "Chemical dependency" means a group of cognitive, behavioral, and physiological symptoms that indicate that an individual has a substantial lack of or no control over the individual's use of 1 or more psychoactive substances.
(b) "Mental illness" means that term as defined in section 400 of the mental health code, 1974 PA 258, MCL 330.1400.
(c) "Substance abuse" means substance use disorder as defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2012, Act 501, Eff. Jan. 1, 2013
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 333.16107 - Definitions; P.

333.16107 Definitions; P.
Sec. 16107.
(1) "Permanent revocation" means the permanent cancellation or withdrawal of a license, registration, or authorization to engage in the practice of a health profession under this article that is issued by the department, board, or task force.
(2) "Probation" means a sanction that permits a board to evaluate over a period of time a licensee's or registrant's fitness to continue to practice under a license or registration.
(3) "Public member" means a member of the general public who is not a licensee or registrant, is a resident of this state, is not less than 18 years of age, and does not have a material financial interest in the provision of health services and has not had a material financial interest within the 12 months before appointment.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2014, Act 410, Eff. Mar. 30, 2015
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16108 - Definitions; R.

333.16108 Definitions; R.
Sec. 16108.
(1) "Reclassification" means an action by a disciplinary subcommittee by which restrictions or conditions, or both, applicable to a license are added or removed.
(2) "Registration" means an authorization only for the use of a designated title which use would otherwise be prohibited under this article. Registration includes specialty certification of a licensee and a health profession specialty field license.
(3) "Registrant" as used in a part that regulates the use of a title means an individual to whom a registration, a specialty certification, or a health profession specialty field license is issued under that part, and as used in this part means each registrant regulated by this article.
(4) "Reinstatement" means the granting of a license or certificate of registration, with or without limitations or conditions, to an individual whose license or certificate of registration has been suspended or revoked.
(5) "Relicensure" means the granting of a license to an individual whose license has lapsed for failure to renew the license within 60 days after the expiration date.
(6) "Reregistration" means the granting of a certificate of registration to an individual whose certificate of registration has lapsed for failure to renew the certificate within 60 days after the expiration date.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 462, Eff. Sept. 1, 1989 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2002, Act 643, Imd. Eff. Dec. 23, 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 333.16109 - Definitions; S to U.

333.16109 Definitions; S to U.
Sec. 16109.
(1) "Specialty certification" means an authorization to use a title by a licensee who has met qualifications established by a board for registration in a health profession specialty field.
(2) "Supervision", except as otherwise provided in this article, means the overseeing of or participation in the work of another individual by a health professional licensed under this article in circumstances where at least all of the following conditions exist:
(a) The continuous availability of direct communication in person or by radio, telephone, or telecommunication between the supervised individual and a licensed health professional.
(b) The availability of a licensed health professional on a regularly scheduled basis to review the practice of the supervised individual, to provide consultation to the supervised individual, to review records, and to further educate the supervised individual in the performance of the individual's functions.
(c) The provision by the licensed supervising health professional of predetermined procedures and drug protocol.
(3) "Task force" means a task force created by this article.
(4) "Temporary license" means a license of limited duration granted to an applicant who has completed all requirements for licensure except an examination or other required evaluation procedure.
(5) "Uniformed services" means the Commissioned Corps of the United States Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1991, Act 58, Imd. Eff. June 27, 1991 ;-- Am. 2021, Act 25, Eff. Sept. 7, 2021
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16109a - “Treatment” or “Treatment Plan” Defined.

333.16109a “Treatment” or “treatment plan” defined.
Sec. 16109a.
"Treatment" or "treatment plan" means a plan of care and rehabilitation services provided to impaired licensees, registrants, and applicants.
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16111 - Applicability of Part; Part Controlling Over Other Parts in Article; Effect of Part on Other Licenses and Registrants.

333.16111 Applicability of part; part controlling over other parts in article; effect of part on other licenses and registrants.
Sec. 16111.
(1) This part applies to health professions, but, except for sections 16201, 16261, 16299, 16301, 16303, 16305, and 16307, does not apply to any of the following regulated under part 177:
(a) A pharmacy.
(b) A dispensing prescriber.
(c) A drug manufacturer.
(d) A wholesale distributor.
(e) A wholesale distributor-broker.
(2) Except as otherwise provided by this article, this part controls over all other parts in this article.
(3) A part in this article does not prohibit a licensee under another part or other law of this state from performing activities and using designated titles authorized by a license issued to him or her under that other part or other law of this state.
(4) A part in this article does not prohibit a registrant under another part or other state law from using designated titles authorized by a registration issued to him or her under that other part or other state law.
(5) This article does not prohibit a licensee from advising a patient to seek professional services or advice from another person.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 462, Eff. Sept. 1, 1989 ;-- Am. 2006, Act 392, Imd. Eff. Sept. 27, 2006 ;-- Am. 2020, Act 142, Imd. Eff. July 14, 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 333.16113 - Repealed. 2020, Act 245, Eff. June 30, 2021.

333.16113 Repealed. 2020, Act 245, Eff. June 30, 2021.
Compiler's Notes:
The repealed section pertained to the administration of COVID-19 testing.
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 333.16115 - Board Created as Successor to Former Board With Same or Similar Name.

333.16115 Board created as successor to former board with same or similar name.
Sec. 16115.
A board created by this article is the successor to the board with the same or similar name created or continued by a statute repealed 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 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16121 - Board or Task Force; Appointment of Members; Vacancy; Nominations; Removal or Suspension of Member.

333.16121 Board or task force; appointment of members; vacancy; nominations; removal or suspension of member.
Sec. 16121.
(1) The governor shall appoint by and with the advice and consent of the senate the members of the boards and task forces except ex officio members.
(2) A vacancy on a board or task force shall be filled for the balance of the unexpired term in the same manner as the original appointment. An appointment for a vacancy shall be submitted to the senate not later than 60 days after the vacancy occurs.
(3) The governor shall seek nominations from a wide range of sources including professional associations, educational institutions, consumer organizations, labor unions, health planning agencies, and other community health organizations when making appointments under this article.
(4) The governor may remove or suspend a board or task force member from office in accordance with section 10 of article 5 of the state constitution of 1963.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16122 - Board or Task Force; Terms.

333.16122 Board or task force; terms.
Sec. 16122.
Except as otherwise provided in this article, the term of office of members of a board or task force is 4 years, commencing on the day after the date prescribed in each respective part and terminating on the prescribed date. A member shall not serve more than 2 terms and 1 partial term, consecutive or otherwise, including service on a predecessor council, board, or task force. However, a member serving when this section takes effect may complete the term to which the member was appointed.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2006, Act 392, Imd. Eff. Sept. 27, 2006
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16123 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.

333.16123 Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Compiler's Notes:
The repealed section pertained to membership of council.
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 333.16125 - Licensing Board; Membership.

333.16125 Licensing board; membership.
Sec. 16125.
A licensing board shall be composed of a majority of members licensed in the health profession which that board licenses. The board shall include at least 1 public member. The director shall be an ex officio member without vote, but is not a member for the purposes of section 5 of article 5 of the state constitution of 1963 or for determining a quorum. If a licensed health profession subfield is created by this article, the board shall include at least 1 licensee from each subfield. If a health profession subfield task force is created by this article, 1 licensee from each subfield so appointed to the board shall also be appointed as a member of the health profession subfield task force. If a certified health profession specialty field task force is created by this article, 1 member of the board holding a license other than a health profession subfield license shall also be appointed to the specialty field task force.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1989, Act 202, Imd. Eff. Oct. 23, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16126 - Registration Board; Membership.

333.16126 Registration board; membership.
Sec. 16126.
A registration board shall be composed of a majority of members registered in the profession which that board registers. The board shall include at least 1 public member. The director shall be an ex officio member without vote, but is not a member for the purposes of section 5 of article 5 of the state constitution of 1963 or for determining a quorum.
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 333.16128 - Health Profession Subfield Task Force and Health Profession Specialty Field Task Force; Membership.

333.16128 Health profession subfield task force and health profession specialty field task force; membership.
Sec. 16128.
(1) A health profession subfield task force shall be composed of a majority of members licensed in the subfields of the health profession that are created by this article and shall include at least 1 licensed member from each of the subfields of the health profession that is created by this article. A health profession subfield task force shall include at least 1 public member and 1 member of that profession who holds a license other than a subfield license in that health profession.
(2) A health profession specialty field task force shall be composed of a majority of members registered in the specialty fields of the health profession that are created by this article. A health profession specialty field task force shall include at least 1 public member and 1 member of that health profession who is a member of the board.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 643, Imd. Eff. Dec. 23, 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 333.16131 - Repealed. 2006, Act 392, Imd. Eff. Sept. 27, 2006

333.16131 Repealed. 2006, Act 392, Imd. Eff. Sept. 27, 2006
Compiler's Notes:
The repealed section pertained to terms of office of members of boards and task forces.
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 333.16132 - Expired. 1978, Act 368, Eff. Sept. 30, 1983.

333.16132 Expired. 1978, Act 368, Eff. Sept. 30, 1983.
Compiler's Notes:
The expired section pertained to the extension of certain terms of board members.
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 333.16134 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.

333.16134 Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Compiler's Notes:
The repealed section pertained to appointment of health profession subfield licenses.
Popular Name:
Act 368