reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16135 - Board, Committee, or Task Force; Qualifications of Members.

333.16135 Board, committee, or task force; qualifications of members.
Sec. 16135.
(1) Except as otherwise provided in subsection (2), a member of a board, the committee, or a task force created by this article must meet all of the following requirements:
(a) Be 18 or more years of age.
(b) Be of good moral character.
(c) Be a resident of this state for not less than the 6 months immediately preceding appointment and remain a resident of this state throughout the term of the appointment.
(d) Be currently licensed or registered in this state if licensure or registration in a health profession is a requirement for membership. The member must have actively practiced that profession or taught in an approved educational institution that prepares applicants for licensure or registration in that profession, or a combination of both, in any state for not less than the 2 years immediately preceding appointment.
(e) Not be a spouse, parent, child, or sibling of another member of the board, committee, or task force and meet this requirement throughout the term of the appointment.
(f) Not provide supervision over or be under the supervision of another member of the board, committee, or task force and meet this requirement throughout the term of the appointment.
(2) Subject to subsection (3), the governor may appoint as a member of a board who is required to be licensed or registered under subsection (1)(d) an individual who meets either or both of the following requirements:
(a) Is certified or otherwise approved by a national organization that certifies or otherwise approves individuals in the profession to be licensed or registered by the board.
(b) Has actively practiced the profession licensed or registered by the board or taught in an educational institution that prepares applicants for licensure or registration in that profession, or a combination of both, for not less than the 2 years immediately preceding his or her appointment.
(3) An individual appointed under subsection (2) must be licensed or registered under this article in the profession licensed or registered by that board within 3 years after the effective date of the amendatory act that created the board.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 421, Eff. Mar. 30, 1989 ;-- Am. 1988, Act 473, Imd. Eff. Dec. 28, 1988 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2014, Act 413, Eff. Mar. 30, 2015
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16137 - Board, Committee, or Task Force; Compensation and Expenses of Members.

333.16137 Board, committee, or task force; compensation and expenses of members.
Sec. 16137.
The legislature annually shall fix the per diem compensation of the members of the council, the committee, the boards, and the task forces. Expenses of members incurred in the performance of official duties shall be reimbursed as provided in section 1216.
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 333.16138 - Board, Committee, or Task Force; Meetings; Quorum; Final Action; Voting by Proxy Prohibited; Times and Places of Meetings; Minutes; Record of Actions; Meetings Open to Public.

333.16138 Board, committee, or task force; meetings; quorum; final action; voting by proxy prohibited; times and places of meetings; minutes; record of actions; meetings open to public.
Sec. 16138.
(1) A board, the committee, or a task force shall hold regular meetings at places and on separate dates fixed by it. The committee shall meet not less than quarterly. Special meetings may be called by the chairperson, by a majority of the members of the committee, a board, or a task force, or by the department. Except as otherwise provided in this article or in the bylaws of the committee, a board, or a task force, a majority of the members appointed and serving constitute a quorum. Final action by the committee, a board, or a task force shall be taken only by affirmative vote of a majority of the members present at a meeting or for a hearing. A member shall not vote by proxy.
(2) The department shall make available the times and places of meetings of the boards and the task forces and keep minutes of their meetings and a record of their actions. Meetings of a board, or a task force shall be open to the public in accordance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
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 333.16139 - Board or Task Force; Election of Chairperson or Vice-Chairperson; Selection and Terms of Officers; Vacancy; Presiding Officer.

333.16139 Board or task force; election of chairperson or vice-chairperson; selection and terms of officers; vacancy; presiding officer.
Sec. 16139.
A board or a task force shall elect annually a chairperson and vice-chairperson at the first meeting held after the date set forth in each respective part. The committee shall elect annually a chairperson and vice-chairperson at the first meeting of each calendar year. The officers shall be selected from board, committee, or task force members and shall hold office for 1 year or until their successors are elected and qualified. The committee, a board, or a task force may fill a vacancy in the office of chairperson or vice-chairperson for the balance of the unexpired term. The chairperson shall preside at meetings, and if absent or unable to preside, the vice-chairperson shall preside.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2006, Act 392, Imd. Eff. Sept. 27, 2006
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16141 - Committee, Board, or Task Force; Office Services; Offices, Records and Money; Managerial and Administrative Functions; Administrative and Secretarial Staff, Clerks, and Employees; Salaries and Expenses; Rules.

333.16141 Committee, board, or task force; office services; offices, records and money; managerial and administrative functions; administrative and secretarial staff, clerks, and employees; salaries and expenses; rules.
Sec. 16141.
(1) The department shall furnish office services to the committee, the boards, and the task forces; have charge of their offices, records, and money collected; and perform managerial and administrative functions for them.
(2) The department shall appoint administrative and secretarial staff, clerks, and employees necessary to allow the proper exercise of the powers and duties of the committee, a board, or a task force. Salaries and other expenses incurred by the committee, a board, or a task force and staff and expenses for studies and activities authorized under this article shall be paid out of funds appropriated by the legislature for those purposes.
(3) The department may promulgate rules to promote the effective and consistent administration of this article. However, the department shall not promulgate rules that constitute the licensure, registration, or examination of health professionals.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Popular Name:
Act 368
Admin Rule:
R 338.951 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 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16143 - Committee, Board, or Task Force; Bylaws; Annual Report; Actions and Determinations; Contracts for Assistance.

333.16143 Committee, board, or task force; bylaws; annual report; actions and determinations; contracts for assistance.
Sec. 16143.
(1) The committee, a board, or a task force may adopt bylaws for the regulation of its internal affairs.
(2) The committee, a disciplinary subcommittee, a board, or a task force shall report its activities annually to the department. The report shall include statistical data on applicants for examination, licensure, and registration; allegations and disciplinary actions against licensees and registrants; and other matters relating to the licensure, registration, and regulatory activity of the boards or a task force as prescribed by the department.
(3) The committee, a disciplinary subcommittee, a board, or a task force may perform acts and make determinations necessary and proper to carry out its functions and the department may contract with other state agencies, private agencies, organizations, and consultants to assist the committee, disciplinary subcommittee, board, or task force to perform the acts or to aid in carrying out functions of the committee, board, or task force.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
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 333.16145 - Board or Task Force; Official Seal; Rules.

333.16145 Board or task force; official seal; rules.
Sec. 16145.
(1) A board may adopt and have an official seal.
(2) A board or task force may promulgate rules necessary or appropriate to fulfill its functions as prescribed in this article.
(3) Only a board or task force shall promulgate rules to specify requirements for licenses, registrations, renewals, examinations, and required passing scores.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
Popular Name:
Act 368
Admin Rule:
R 325.321 et seq.; R 338.91 et seq.; R 338.101 et seq.; R 338.121; R 338.241; R 338.251 et seq.; R 338.281; R 338.291; R 338.311 et seq.; R 338.471 et seq.; R 338.1161; R 338.1201 et seq.; R 338.2301 et seq.; R 338.2501 et seq.; R 338.3001 et seq.; R 338.3031; R 338.3101 et seq.; R 338.3601 et seq.; R 338.3701 et seq.; R 338.3821; R 338.3901 et seq.; R 338.3921; R 338.4101 et seq.; R 338.4601; R 338.4901 et seq.; R 338.4971 et seq.; R 338.7101 et seq.; R 338.7201 et seq.; R 338.10101 et seq.; R 338.11101 et seq.; R 338.12001 et seq.; and R 340.801 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 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16146 - Board; Granting License or Registration.

333.16146 Board; granting license or registration.
Sec. 16146.
(1) A board shall grant a license or registration to an applicant meeting the requirements for the license or registration as prescribed in this article and the rules promulgated under this article.
(2) A board which grants licenses may:
(a) Certify licensees in those health profession specialty fields within its scope of practice which are established in this article.
(b) Reclassify licenses on the basis of a determination that the addition or removal of conditions or restrictions is appropriate.
(c) Upon good cause, request that a licensee or registrant have a criminal history check conducted in accordance with section 16174(3).
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 462, Eff. Sept. 1, 1989 ;-- Am. 2006, Act 26, Imd. Eff. Feb. 17, 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 333.16147 - Department or Board; Order, Rule, or Other Method Requiring a National or Regional Certification as Condition for Licensure or Renewal; Prohibit.

333.16147 Department or board; order, rule, or other method requiring a national or regional certification as condition for licensure or renewal; prohibit.
Sec. 16147.
Notwithstanding any provision of this act to the contrary, the department or the board of medicine or board of osteopathic medicine and surgery shall not by order, rule, or other method require a physician applicant or licensee under its jurisdiction to maintain a national or regional certification that is not otherwise specifically required in this article before it issues a license or license renewal to that physician applicant or licensee under this article.
History:
Add. 2018, Act 486, Imd. Eff. Dec. 27, 2018
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16151-333.16156 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.

333.16151-333.16156 Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Compiler's Notes:
The repealed sections pertained to creation, duties, and powers of health occupations council, and recommended licensure or registration.
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 333.16158 - Repealed. 1986, Act 77, Imd. Eff. Apr. 7, 1986.

333.16158 Repealed. 1986, Act 77, Imd. Eff. Apr. 7, 1986.
Compiler's Notes:
The repealed section pertained to studies and recommendations of health occupations 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 333.16161 - Health Profession Subfield Task Force and Health Profession Specialty Field Task Force; Function.

333.16161 Health profession subfield task force and health profession specialty field task force; function.
Sec. 16161.
(1) If a health profession subfield task force is created for a health profession, that task force shall serve as the task force for all health profession subfields within the scope of practice of the health profession and shall function as set forth in this part.
(2) If a health profession specialty field task force is created for a health profession, that task force shall serve as the task force for all health profession specialty fields within the scope of practice of the health profession and shall function as set forth in this part.
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 333.16163 - Task Force; Recommendations to Board.

333.16163 Task force; recommendations to board.
Sec. 16163.
A task force shall recommend to the board as to:
(a) Determination of standards of education, training, and experience required for practice in a health profession subfield or for registration in a health profession specialty field, and where appropriate, guidelines for approval of educational programs for the health profession subfield or health profession specialty field.
(b) Qualifications required of applicants for licensure in health profession subfields or for registration in health profession specialty fields.
(c) Evaluation of qualifications for initial and continuing licensure of practitioners in health profession subfields or health profession specialty fields. The evaluation may cover assessment of educational credentials, work experience and related training, and administration of tests and examinations.
(d) Guidelines for utilization of, and standards of practice for, licensees in health profession subfields or registrants in health profession specialty fields.
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 333.16165 - Health Professional Recovery Committee; Creation; Appointment of Members; Ex Officio Member; Qualifications.

333.16165 Health professional recovery committee; creation; appointment of members; ex officio member; qualifications.
Sec. 16165.
(1) The health professional recovery committee is created in the department and shall consist of the following voting members, appointed as follows:
(a) Subject to subsection (4), each board created under this article and the physician's assistants task force, in consultation with the appropriate professional associations, shall appoint 1 health professional member.
(b) The director shall appoint 2 public members, 1 of whom has specialized training or experience, or both, in treatment of individuals with addictive behavior.
(2) The director shall serve as an ex officio member of the committee without vote.
(3) The director and the boards and the physician's assistants task force shall not appoint as a member of the committee an individual who is at the time of appointment a member of a board or task force.
(4) The members appointed by the boards and the physician's assistants task force under subsection (1)(a) shall have education, training, and clinical expertise in the treatment of individuals with addictive behavior or mental illness, or both.
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 333.16166 - Committee; Term; Vacancy.

333.16166 Committee; term; vacancy.
Sec. 16166.
The term of office of an appointed member of the committee is 2 years, commencing on January 1 and terminating on December 31. An appointed member shall not serve more than 2 terms and 1 partial term, consecutive or otherwise. A board or the physician's assistants task force or the director shall fill a vacancy for the balance of the unexpired term in the same manner as the original appointment.
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 333.16167 - Committee; Duties.

333.16167 Committee; duties.
Sec. 16167.
The committee shall do all of the following:
(a) Establish the general components of the health professional recovery program and a mechanism for monitoring health professionals who may be impaired.
(b) Subject to sections 16169 and 16170 and in conjunction with the health professional recovery program consultants described in section 16168, develop and implement criteria for the identification, assessment, and treatment of health professionals who may be impaired.
(c) In conjunction with the health professional recovery program consultants described in section 16168, develop and implement mechanisms for the evaluation of continuing care or aftercare plans for health professionals who may be impaired.
(d) Develop a mechanism and criteria for the referral of a health professional who may be impaired to a professional association when appropriate for the purpose of providing assistance to the health professional. In developing criteria under this subdivision, the committee shall require that a referral be made only with the consent of the health professional.
(e) Annually report to each board and the physician's assistants task force created under this article on the status of the health professional recovery program. The committee shall include in the report, at a minimum, statistical information on the level of participation in the program of each health profession. The committee may include in the report recommendations for changes in the health professional recovery program and for participation by the boards and the physician's assistants task force, professional associations, substance abuse treatment and prevention programs, and other appropriate agencies.
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 333.16168 - Contracts With Private Entities to Assist With Health Professional Recovery Program; Report.

333.16168 Contracts with private entities to assist with health professional recovery program; report.
Sec. 16168.
(1) The department shall enter into a contract with a private entity to act as a consultant to assist the committee with the administration of the health professional recovery program including, but not limited to, the duties described in section 16167(b) and (c). The department shall require the private entity to demonstrate that it has expertise and knowledge regarding the treatment of impaired health professionals.
(2) In the contract between the department and the private entity entered into under subsection (1), the department shall require the private entity to report immediately to the department any circumstances known to the private entity that indicate that an impaired health professional may be a threat to the public health, safety, or welfare.
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 333.16169 - Impairment of Health Professional; Transmitting Information; Determination.

333.16169 Impairment of health professional; transmitting information; determination.
Sec. 16169.
(1) If an individual employed by or under contract to the department has reasonable cause to believe that a health professional may be impaired, the individual shall transmit the information to the committee either orally or in writing. Upon receipt of the information, the committee shall request the program consultant described in section 16168 to determine whether or not the health professional may be impaired.
(2) If, based on the information received by the department under section 16168(2), the department determines that the health professional involved may be a threat to the public health, safety, or welfare and has violated this article, article 7, or article 8 or the rules promulgated under this article, article 7, or article 8, the department may proceed under sections 16211 and 16231.
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 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 333.16170 - Acceptance Into Health Professional Recovery Program; Requirements; Participation; False Representation of Completion; Violation as Felony.

333.16170 Acceptance into health professional recovery program; requirements; participation; false representation of completion; violation as felony.
Sec. 16170.
(1) If the program consultant described in section 16168 determines under section 16169(1) that a health professional may be impaired, the committee may accept the health professional into the health professional recovery program if both of the following requirements are met:
(a) The health professional acknowledges his or her impairment.
(b) The health professional voluntarily does all of the following:
(i) Withdraws from or limits the scope of his or her practice, as determined necessary by the committee. To comply with this subparagraph, a health professional may request the limitation of his or her license under section 16182.
(ii) Agrees to participate in a treatment plan that meets the criteria developed under section 16167.
(2) If a health professional does not satisfactorily participate in the treatment plan described in subsection (1)(b)(ii), as determined by the committee, the committee shall report that fact to the department.
(3) A health professional participating in or who has participated in a treatment plan under the health professional recovery program or an individual treating the health professional under the treatment plan shall not falsely represent, either individually or together, that the health professional has successfully completed the treatment plan. An individual who intentionally violates this subsection is guilty of a felony.
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 333.16170a - Confidentiality; Destruction of Records; Applicability of Subsection (3).

333.16170a Confidentiality; destruction of records; applicability of subsection (3).
Sec. 16170a.
(1) The identity of an individual submitting information to the committee or the department regarding the suspected impairment of a health professional is confidential.
(2) The identity of a health professional who participates in the health professional recovery program is confidential and is not subject to disclosure under discovery or subpoena or the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, unless the health professional fails to satisfactorily participate in and complete a treatment plan prescribed under the health professional recovery program or violates section 16170(3).
(3) If a health professional successfully participates in and completes a treatment plan prescribed under the health professional recovery program, as determined by the committee, the department shall destroy all records pertaining to the impairment of the health professional, including records pertaining to the health professional's participation in the treatment plan, upon the expiration of 5 years after the date of the committee's determination. This subsection does not apply to records pertaining to a violation of this article, article 7, or article 8 or a rule promulgated under this article, article 7, or article 8.
History:
Add. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 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 333.16174a - Preliminary Determination; Procedure; Effect.

333.16174a Preliminary determination; procedure; effect.
Sec. 16174a.
(1) The department shall establish a procedure that allows an individual to obtain a preliminary determination from the department concerning whether any court judgments against him or her would likely result in a denial of a license or registration for failing to meet the good moral character requirement for that license or registration.
(2) All of the following apply for purposes of subsection (1):
(a) To obtain a preliminary determination under this section, an individual must file a request that meets all of the following:
(i) Is submitted on a form provided by the department.
(ii) Identifies the license or registration for which he or she may apply.
(iii) Includes a detailed description of any criminal proceedings that resulted in a judgment against him or her.
(iv) Includes the nonrefundable fee required by the department.
(b) The department shall only consider the information provided by an individual under subdivision (a)(ii) and (iii) in making a preliminary determination.
(c) A preliminary determination under this section that is adverse to an individual does not prevent the individual from subsequently applying for a license or registration.
(d) The department or a board is not bound by a preliminary determination under this section if the individual applies for a license or registration under this act.
(e) The issuance of a preliminary determination under this section does not limit the authority of the department to review applications for a license or registration, or to issue or deny a license or registration.
(f) The department shall notify an individual of a preliminary determination by delivering a preliminary determination letter to the individual, in a form determined by the department.
(3) An individual shall not request more than 1 preliminary determination under this section in any 120-day period.
History:
Add. 2018, Act 453, Eff. Mar. 21, 2019
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 333.16175 - License or Registration; Minimum Standards of Educational Prerequisites.

333.16175 License or registration; minimum standards of educational prerequisites.
Sec. 16175.
In developing minimum standards of educational prerequisites for licensure or registration, a board and its task forces shall consider equivalency and proficiency testing and other mechanisms, and where appropriate grant credit for past training, education, or experience in health and related fields. Standards may include those for formal education, practice proficiency, and other training, education, or experience which may provide equivalence to completion of formal educational requirements.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 625, Imd. Eff. Jan. 6, 1979
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 333.16178 - Examinations, Investigations, or Evaluations to Determine Qualifications of Applicants; Passing National or Regional Examination; Reexamination; Notice of Examination or Evaluation.

333.16178 Examinations, investigations, or evaluations to determine qualifications of applicants; passing national or regional examination; reexamination; notice of examination or evaluation.
Sec. 16178.
(1) Unless otherwise necessary for a board to fulfill national or regional testing requirements, the department shall conduct examinations or other evaluations necessary to determine qualifications of applicants for initial licensure or registration at least annually and may conduct other investigations or evaluations necessary to determine the qualifications of applicants. A board may accept passing a national or regional examination developed for use in the United States for the purpose of meeting a state board examination or a part thereof.
(2) An individual who fails to pass a required examination may be reexamined to the extent and in a manner determined by the board.
(3) The department shall give public notice of the time and place of a required regular initial licensure or registration examination or evaluation in a manner it considers best not less than 90 days before the date of the examination or evaluation.
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 333.16179 - Unlawful Conduct in Connection With Examination or Application.

333.16179 Unlawful conduct in connection with examination or application.
Sec. 16179.
An individual shall not make a false representation or impersonation or act as a proxy for another individual or allow or aid an individual to impersonate him or her in connection with an examination or application for licensure or registration or a request to be examined, licensed, or registered.
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 333.16182 - Limited Licenses; Issuance.

333.16182 Limited licenses; issuance.
Sec. 16182.
(1) A board may grant a limited license to an individual if the board determines that the limitation is consistent with the ability of the individual to practice the health profession in a safe and competent manner, is necessary to protect the health and safety of patients or clients, or is appropriate to promote the efficient and effective delivery of health care services.
(2) In addition to the licenses issued under subsection (1), a board may grant the following types of limited licenses upon application by an individual or upon its own determination:
(a) Educational, to an individual engaged in postgraduate education.
(b) Nonclinical, to an individual who functions only in a nonclinical academic, research, or administrative setting and who does not hold himself or herself out to the public as being actively engaged in the practice of the health profession, or otherwise directly solicit patients or clients.
(c) Clinical academic, to an individual who practices the health profession only as part of an academic institution and only in connection with his or her employment or other contractual relationship with that academic institution. For an individual applying for a limited license under this subdivision to engage in the practice of medicine under part 170, "academic institution" means that term as defined in section 17001.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1990, Act 248, Imd. Eff. Oct. 12, 1990 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
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 333.16183 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.

333.16183 Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Compiler's Notes:
The repealed section pertained to grounds for reclassification of license.
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 333.16185 - Care by Individual Under Special Volunteer License; Civil Liability; Gross Negligence; Definitions.

333.16185 Care by individual under special volunteer license; civil liability; gross negligence; definitions.
Sec. 16185.
(1) Subject to subsection (2), an individual who provides care under a special volunteer license to engage in the practice of a health profession granted under section 16184 is not liable in a civil action for personal injury or death proximately caused by the professional negligence or malpractice of the individual in providing the care if both of the following apply:
(a) The care is provided at a health facility or agency that provides at least 75% of its care annually to medically indigent individuals.
(b) The individual does not receive and does not intend to receive compensation for providing the care.
(2) Subsection (1) does not apply if the negligent conduct or malpractice of the individual is gross negligence.
(3) As used in this section:
(a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(b) "Medically indigent individual" means that term as defined in section 106 of the social welfare act, 1939 PA 280, MCL 400.106.
History:
Add. 2006, Act 25, Imd. Eff. Feb. 16, 2006 ;-- Am. 2011, Act 55, Imd. Eff. June 8, 2011 ;-- Am. 2012, Act 4, Imd. Eff. Feb. 7, 2012 ;-- Am. 2013, Act 171, Imd. Eff. Nov. 18, 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 333.16186a - License or Registration Without Examination; Member of Armed Forces, Veteran, or Dependent of Member or Veteran; Requirements.

333.16186a License or registration without examination; member of armed forces, veteran, or dependent of member or veteran; requirements.
Sec. 16186a.
(1) Notwithstanding any other provision of this article to the contrary, an applicant must be granted an initial license or initial registration, without examination, if the applicant meets all of the following:
(a) Demonstrates to the satisfaction of the department that he or she is 1 of the following:
(i) A member of the armed forces or the uniformed services.
(ii) A veteran.
(iii) A dependent of a member of the armed forces, a member of the uniformed services, or a veteran.
(b) Demonstrates to the satisfaction of the department that he or she holds a current license or registration in good standing in another state or country for the health profession for which the applicant is seeking licensure or registration in this state and the department determines that the requirements for licensure or registration in the other state or country are substantially equivalent to or exceed the requirements of this article and rules promulgated by the department, in consultation with the applicable board, under this article for licensure or registration.
(c) Demonstrates to the satisfaction of the department that he or she is competent in the health profession for which he or she is seeking licensure or registration, as demonstrated by the applicant's training or experience or by another method prescribed by the department, in consultation with the applicable board.
(d) He or she complies with section 16174(3) so that a criminal history check is conducted in the manner prescribed in that section.
(2) As used in this section, "dependent" and "veteran" mean those terms as defined in section 16303.
History:
Add. 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 333.16191 - Certificate of Licensure or Registration; Issuance; Display; Card to Be Available for Inspection; Displaying Statement of Limitation.

333.16191 Certificate of licensure or registration; issuance; display; card to be available for inspection; displaying statement of limitation.
Sec. 16191.
(1) The department shall issue a certificate of licensure or registration to an applicant who is granted a license or registration by a board.
(2) A licensee or registrant shall display his or her current certificate of licensure or registration prominently and where visible to the public in the licensee's or registrant's principal place of business, if any.
(3) A licensee or registrant shall have available for inspection a card, which shall be issued by the department, containing the essential information on the certificate.
(4) If a license is limited by a board, the licensee shall display the statement of limitation prepared by the department in the same manner as prescribed for display of the certificate and shall attach the statement to the certificate or display the statement in immediate proximity with the certificate.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16192 - Reporting Change in Name or Address; Notice of Hearing or Complaint; Service; License or Registration Not Transferable; Service by Electronic Mail.

333.16192 Reporting change in name or address; notice of hearing or complaint; service; license or registration not transferable; service by electronic mail.
Sec. 16192.
(1) A licensee or registrant shall report to the department a change in name, mailing address, or electronic mail address if the licensee or registrant has provided an electronic mail address under subsection (4), not later than 30 days after the change occurs.
(2) The department may serve a notice of hearing or a complaint on an applicant, licensee, or registrant in an action or proceeding for a violation of this article, article 7, or article 8 or a rule promulgated under this article, article 7, or article 8 by regular mail and by certified mail, return receipt requested, to the applicant's, licensee's, or registrant's last known address, by serving the notice on the applicant, licensee, or registrant, or by making a reasonable attempt to serve the notice on the applicant, licensee, or registrant. For purposes of this subsection, if service is by mail, service is effective 3 days after the date of mailing, and nondelivery does not affect the validity of the service if the nondelivery was caused by the refusal of the applicant, licensee, or registrant to accept service.
(3) A license or registration is not transferable.
(4) If the department is required or permitted under this article to deliver or serve a notice or other communication to a licensee or registrant by mail, the department may deliver or serve the notice or communication by electronic mail rather than by first-class mail if the licensee or registrant has provided an electronic mail address to the department; authorized the department in writing to deliver or serve notices and communications to the licensee or registrant at the electronic mail address; and agreed in writing that the licensee or registrant consents to the service of any notice or communication sent to the electronic mail address that the department would otherwise serve by mail.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2016, Act 49, Eff. June 13, 2016
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”Enacting section 1 of Act 49 of 2016 provides:"Enacting section 1. Section 16349 of the public health code, 1978 PA 368, MCL 333.16349, as amended by this amendatory act, applies to licensing fees required to be paid after December 31, 2018."
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349) › Section 333.16193 - Chemical Analysis; Implied Consent to Submit.

333.16193 Chemical analysis; implied consent to submit.
Sec. 16193.
Acceptance of a license or registration under this article constitutes implied consent to submit to a chemical analysis under section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430.
History:
Add. 2003, Act 234, Imd. Eff. Dec. 29, 2003
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 333.16194 - Expiration of Licenses and Registrations for Health Professions; Authority to Issue Part-Term Licenses and Registrations.

333.16194 Expiration of licenses and registrations for health professions; authority to issue part-term licenses and registrations.
Sec. 16194.
(1) Licenses and registrations for health professions expire on dates prescribed by the department by rule, unless sooner terminated by death of the individual licensed or registered or otherwise terminated pursuant to this part.
(2) Administrative authority to issue part-term licenses and registrations due to changing the terms from annual to a longer term in subsection (1) and to provide for initial issuances for terms longer or shorter than a normal term is granted in section 1222.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
Admin Rule:
R 338.7001 et seq. of the Michigan Administrative Code.