Michigan Compiled Laws
368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349)
Section 333.16204b - Treatment of Pain; Enactment of Legislation.

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.

Section 333.16103 - Definitions; a to C.

Section 333.16103a - “Committee” Defined.

Section 333.16104 - Definitions; D to G.

Section 333.16105 - Definitions; H.

Section 333.16105a - “Health Professional Recovery Program” Defined.

Section 333.16106 - Definitions; I to L.

Section 333.16106.amended - Definitions; I to L.

Section 333.16106a - Definitions.

Section 333.16107 - Definitions; P.

Section 333.16108 - Definitions; R.

Section 333.16109 - Definitions; S to U.

Section 333.16109a - “Treatment” or “Treatment Plan” Defined.

Section 333.16111 - Applicability of Part; Part Controlling Over Other Parts in Article; Effect of Part on Other Licenses and Registrants.

Section 333.16113 - Repealed. 2020, Act 245, Eff. June 30, 2021.

Section 333.16115 - Board Created as Successor to Former Board With Same or Similar Name.

Section 333.16121 - Board or Task Force; Appointment of Members; Vacancy; Nominations; Removal or Suspension of Member.

Section 333.16122 - Board or Task Force; Terms.

Section 333.16123 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.

Section 333.16125 - Licensing Board; Membership.

Section 333.16126 - Registration Board; Membership.

Section 333.16128 - Health Profession Subfield Task Force and Health Profession Specialty Field Task Force; Membership.

Section 333.16131 - Repealed. 2006, Act 392, Imd. Eff. Sept. 27, 2006

Section 333.16132 - Expired. 1978, Act 368, Eff. Sept. 30, 1983.

Section 333.16134 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.

Section 333.16135 - Board, Committee, or Task Force; Qualifications of Members.

Section 333.16137 - Board, Committee, or Task Force; Compensation and Expenses of Members.

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.

Section 333.16139 - Board or Task Force; Election of Chairperson or Vice-Chairperson; Selection and Terms of Officers; Vacancy; Presiding Officer.

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.

Section 333.16143 - Committee, Board, or Task Force; Bylaws; Annual Report; Actions and Determinations; Contracts for Assistance.

Section 333.16145 - Board or Task Force; Official Seal; Rules.

Section 333.16146 - Board; Granting License or Registration.

Section 333.16147 - Department or Board; Order, Rule, or Other Method Requiring a National or Regional Certification as Condition for Licensure or Renewal; Prohibit.

Section 333.16148 - Rules; Establishing Standards for Education and Training for Practice of Health Profession; Training Standards for Identifying Victims of Human Trafficking; Accreditation of Training Programs; Requirements for Action or Decision;...

Section 333.16151-333.16156 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.

Section 333.16158 - Repealed. 1986, Act 77, Imd. Eff. Apr. 7, 1986.

Section 333.16161 - Health Profession Subfield Task Force and Health Profession Specialty Field Task Force; Function.

Section 333.16163 - Task Force; Recommendations to Board.

Section 333.16165 - Health Professional Recovery Committee; Creation; Appointment of Members; Ex Officio Member; Qualifications.

Section 333.16166 - Committee; Term; Vacancy.

Section 333.16167 - Committee; Duties.

Section 333.16168 - Contracts With Private Entities to Assist With Health Professional Recovery Program; Report.

Section 333.16169 - Impairment of Health Professional; Transmitting Information; Determination.

Section 333.16170 - Acceptance Into Health Professional Recovery Program; Requirements; Participation; False Representation of Completion; Violation as Felony.

Section 333.16170a - Confidentiality; Destruction of Records; Applicability of Subsection (3).

Section 333.16171 - License for Practice of Health Profession; Exemptions.

Section 333.16174 - License or Registration; Requirements; Fingerprints; Criminal History Check; Permitted Acts by Board or Task Force; Sanctions; Disclosure.

Section 333.16174a - Preliminary Determination; Procedure; Effect.

Section 333.16175 - License or Registration; Minimum Standards of Educational Prerequisites.

Section 333.16177 - License or Registration; Form of Application; Inclusion of Social Security Number; Examination; Passing Scores; Additional Information; Exception to Social Security Requirement.

Section 333.16178 - Examinations, Investigations, or Evaluations to Determine Qualifications of Applicants; Passing National or Regional Examination; Reexamination; Notice of Examination or Evaluation.

Section 333.16179 - Unlawful Conduct in Connection With Examination or Application.

Section 333.16181 - Temporary License; Nonrenewable; Eligibility; Duration; Automatically Voiding; Expiration; Supervision; Issuance; Applicant Dependent of a Member of Armed Forces or Veteran.

Section 333.16182 - Limited Licenses; Issuance.

Section 333.16183 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.

Section 333.16184 - Special Volunteer License.

Section 333.16185 - Care by Individual Under Special Volunteer License; Civil Liability; Gross Negligence; Definitions.

Section 333.16186 - Reciprocity; Requirements; Person Licensed as Respiratory Therapist in Canada.

Section 333.16186a - License or Registration Without Examination; Member of Armed Forces, Veteran, or Dependent of Member or Veteran; Requirements.

Section 333.16189 - Interstate Medical Licensure Compact; Repeal.

Section 333.16189a - Disclosure of Information Under the Interstate Medical Licensure Compact; Conditions; Subpoena Requirements; Conditions for Certain Violation Investigation; Definitions.

Section 333.16189b - Application for Expedited License Under the Interstate Medical Licensure Compact; Fingerprints Required; Criminal History Check; Automated Fingerprint Identification System Database; Definitions.

Section 333.16190.added - Psychology Interjurisdictional Compact.

Section 333.16191 - Certificate of Licensure or Registration; Issuance; Display; Card to Be Available for Inspection; Displaying Statement of Limitation.

Section 333.16192 - Reporting Change in Name or Address; Notice of Hearing or Complaint; Service; License or Registration Not Transferable; Service by Electronic Mail.

Section 333.16193 - Chemical Analysis; Implied Consent to Submit.

Section 333.16194 - Expiration of Licenses and Registrations for Health Professions; Authority to Issue Part-Term Licenses and Registrations.

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

Section 333.16201 - Renewal of License or Registration; Mailing Notice; Electronic Mail; Failure to Receive Notice; Failure to Renew; Relicensing or Reregistration; Temporary License or Registration; Authority to Impose Sanctions Not Terminated by Ex...

Section 333.16203 - Repealed. 1986, Act 174, Imd. Eff. July 7, 1986.

Section 333.16204 - Completion of Continuing Education as Condition for License Renewal; Completion of Hours or Courses in Pain and Symptom Management; Rules; Certain Individuals Excluded.

Section 333.16204a - Advisory Committee on Pain and Symptom Management; Creation; Members; Compensation; Expenses; Terms; Duties; Review of Guidelines.

Section 333.16204b - Treatment of Pain; Enactment of Legislation.

Section 333.16204c - Medical Treatment of Pain; Use of Controlled Substances; Legislative Findings; Treatment by Licensed Health Professionals; Electronic Monitoring System; “Controlled Substance” Defined.

Section 333.16204d - Information Booklet on Pain; Development by Department of Consumer and Industry Services; Educational Program for Health Professionals.

Section 333.16204e - Rules; Circumstances Under Which Bona Fide Prescriber-Patient Relationship Not Required.

Section 333.16205 - Attendance at Educational Programs as Condition to License Renewal; Waiver; Rules for Assessing Continued Competence.

Section 333.16206 - Electronic Continuing Education Tracking System; Agreement With Nongovernmental Entity; Rules.

Section 333.16208 - Expired. 1978, Act 368, Eff. Sept. 30, 1984.

Section 333.16211 - Individual Historical Record; Creation; Contents; Review by Department; Retention of Unsubstantiated Allegations; Removal; Review of Record by Licensee or Applicant.

Section 333.16213 - Retention of Records.

Section 333.16215 - Delegation of Acts, Tasks, or Functions to Licensed or Unlicensed Individual; Supervision; Rules; Immunity; Third Party Reimbursement or Worker's Compensation Benefits.

Section 333.16216 - Disciplinary Subcommittee for Board or Task Force; Members; Voting; Chairperson; Final Decision; Set Aside by Department; Issuance of Different Final Action; Inclusion of Final Decision on Website.

Section 333.16216a - Member of Disciplinary Subcommittee; Conflict of Interest; Disclosure; "Conflict of Interest" Defined.

Section 333.16221 - Investigation of Licensee, Registrant, or Applicant for Licensure or Registration; Hearings, Oaths, and Testimony; Complaint; Grounds for Proceeding Under MCL 333.16226.

Section 333.16221a - Investigation of Health Care Provider's Recommendation or Treatment Under Right to Try Act; Definitions.

Section 333.16221b - Violation of MCL 333.7303a(4) or (5) or 333.17754a; Reasonable Basis; Issuance of Letter.

Section 333.16222 - Knowledge of Violation; Report to Department; Confidentiality of Information; Failure to Make Report; Exception; Identity of Licensee or Registrant Making Report; Notice of Criminal Conviction or Disciplinary Action by Another Sta...

Section 333.16223 - Impairment of Licensee, Registrant, or Applicant; Report; Exception; Liability.

Section 333.16224 - Failure or Refusal to Submit to Examination as Grounds for Denial or Suspension of License; Additional Grounds for Disciplinary Actions.

Section 333.16226 - Sanctions; Determination; Judicial Review; Maximum and Minimum Fine for Violation of MCL 333.16221(a) or (B); Completion of Program or Examination; Permanent Revocation; Finding; Violation of MCL 333.16221(b)(xiv); Disciplinary Su...

Section 333.16227 - Suspension or Revocation of License or Registration; Other Sanction or Action.

Section 333.16228 - Prescription of Controlled Substance; Investigation; Ad Hoc Review Panel.

Section 333.16231 - Allegation; Review; Investigation; Compliance Conference; Duties of Department Following Investigation; Confidentiality of Identity; Complaint; Failure to Respond; Conditions Applicable to Subsection (2)(a); "Conflict of Interest"...

Section 333.16231a - Failure to Reach Agreement at Compliance Conference Held Under MCL 333.16231(4); Hearing; Conduct; Determination by Hearings Examiner; Request for Continuance; Representation; Failure to Appear as Default; Notice; Sanction.

Section 333.16232 - Hearings; Rules.

Section 333.16233 - Investigation; Order to Cease and Desist; Hearing; Violation of Order; Summary Suspension of License or Registration; Notice From Federal Agency.

Section 333.16234 - Conduct of Hearings; Authority of Department.

Section 333.16235 - Subpoena; Prima Facie Evidence of Matters Recorded; Admissible Evidence.

Section 333.16236 - Mental or Physical Examination; Expense; Consent; Waiver.

Section 333.16237 - Imposition of Penalty by Disciplinary Subcommittee; Review of Recommended Findings of Fact and Conclusions of Law; Assignment of Independent Special Assistant Attorney General; Additional Testimony or Evidence; Sanction; Completio...

Section 333.16238 - Confidentiality of Information; Compliance Conference Closed to Public.

Section 333.16239 - Pamphlet.

Section 333.16241 - Publishing List of Names and Addresses of Disciplined Individuals; Distribution of Compilation; Report of Disciplinary Actions; Report Upon Summary Suspension of License; Notice of Revocation or Suspension to Patient or Client; No...

Section 333.16243 - Reports; Reporting Name of Licensee, Amount of Damages Awarded, or Amount of Approved Settlement.

Section 333.16244 - Immunity From Civil or Criminal Liability; Physician-Patient Privilege Inapplicable; Confidentiality of Information; Disclosure; Prohibition.

Section 333.16245 - Reinstatement of Limited, Suspended, or Revoked License or Registration; Application; Payment; Time; Hearing; Guidelines; Fee; Criminal History Check; Permanent Revocation.

Section 333.16245a - Permanent Revocation.

Section 333.16247 - Reinstatement of License or Issuance of Limited License; Requirements.

Section 333.16248 - Reinstatement of Registration; Requirements.

Section 333.16249 - Reclassification of Limited License; Requirements.

Section 333.16261 - Health Profession; Prohibited Use of Insignia, Title, Letter, Word, or Phrase.

Section 333.16263 - Repealed. 2006, Act 392, Imd. Eff. Sept. 27, 2006.

Section 333.16264 - Use of Insignia, Titles, Letters, or Phrases Granted by Authorized Educational Program or Institution or Professional Organization or Association.

Section 333.16265 - Use of Terms “Doctor” or “dr.”.

Section 333.16266 - Compliance.

Section 333.16267 - HIV Infected Test Subject; Compliance Reporting Requirements; Definitions.

Section 333.16273 - Artificial Insemination Services on Anonymous Basis; Use of Frozen Sperm; Testing Sperm Donor for Presence of HIV or Antibody to Hiv; Violation; Liability; Definitions.

Section 333.16274 - Human Cloning; Prohibited Acts; Exception; Violation of Subsection (1); Private Right of Action; Definitions.

Section 333.16275 - Human Cloning; Prohibition; Exception; Violation; Penalty; Private Right of Action; “Human Cloning” Defined.

Section 333.16276 - Use of Laser for Dermatological Purposes; Supervision of Licensed Physician Required; Exceptions; Rules; Definitions.

Section 333.16277 - Nonemergency Health Care; Limitation on Liability; Additional Restrictions; Exceptions; Definitions.

Section 333.16281 - Initiation of Child Abuse or Neglect Investigations; Notice to Licensee or Registrant; Request for Child's Medical Records and Information; Release of Medical Records and Information; Inapplicable Privileges; Immunity From Liabili...

Section 333.16282 - Patient Treated for Opioid-Related Overdose to Be Provided With Information on Substance Use Disorder Services.

Section 333.16283 - Definitions.

Section 333.16284 - Telehealth Service; Consent Required; Exception.

Section 333.16285 - Telehealth Service; Prescribing Patient With Drug; Conditions; Requirements.

Section 333.16286 - Telehealth Service; Restrictions or Conditions; Findings by Disciplinary Subcommittee.

Section 333.16287 - Rules.

Section 333.16288 - MCL 333.16284 to 333.16287; Limitations.

Section 333.16291 - Violation; Injunctive Relief; Criminal Proceeding; Prosecution.

Section 333.16294 - Unlawful Conduct; Felony.

Section 333.16296 - Unlawful Conduct; Misdemeanor; Penalties.

Section 333.16299 - Violation as Misdemeanor; Penalties; Exception.

Section 333.16301 - Fees Generally.

Section 333.16303 - Nonrefundable Application Processing Fee; Examination or Inspection Fee; Fee for Initial License or Registration Period; Waiver of Fee; Definitions.

Section 333.16305 - Examination Fee; Forfeiture; Reexamination Fee.

Section 333.16307 - License and Registration Fees; Completion of Requirements for Licensure or Registration; Forfeiture of Fees; Effect of Void Application.

Section 333.16311 - Repealed. 1988, Act 462, Eff. Sept. 1, 1989.

Section 333.16315 - Health Professions Regulatory Fund; Nurse Professional Fund; Pain Management Education and Controlled Substances Electronic Monitoring and Antidiversion Fund.

Section 333.16317 - Fees; Limitation on Increase; Schedule.

Section 333.16317.amended - Fees; Limitation on Increase; Schedule.

Section 333.16319 - Fees.

Section 333.16321 - Chiropractor; Fees.

Section 333.16322 - Practice of Acupuncture; License Fees.

Section 333.16323 - Dentist, Dental Assistant, Dental Hygienist, Dental Therapist; Fees.

Section 333.16323a - Fees.

Section 333.16324 - Marriage and Family Therapy; License Fees.

Section 333.16325 - Medicine; Fees.

Section 333.16326 - Practice of Midwifery; License Fees.

Section 333.16327 - Registered Professional Nurse, Licensed Practical Nurse, or Trained Attendant; Fees.

Section 333.16328 - Nursing Home Administrator; Licensing Fees.

Section 333.16329 - Optometry; Fees.

Section 333.16331 - Osteopathic Medicine and Surgery; Fees.

Section 333.16333 - Pharmacy or Other Practices Regulated Under Part 177; Fees.

Section 333.16334 - Massage Therapist; Fees.

Section 333.16335 - Physical Therapy; Fees.

Section 333.16336 - Athletic Trainer; Fees.

Section 333.16337 - Physician's Assistant; Fees.

Section 333.16338 - Genetic Counselor; Fees.

Section 333.16339 - Podiatric Medicine; Fees.

Section 333.16341 - Counseling; Fees.

Section 333.16342 - Speech-Language Pathologist; Fees.

Section 333.16343 - Psychologist; Fees.

Section 333.16343.amended - Psychologist; Fees; Increase Limitations.

Section 333.16343a - Practice of Applied Behavior Analysis or Assistant Behavior Analyst; Fees.

Section 333.16344 - Respiratory Therapist; License Fees.

Section 333.16345 - Occupational Therapist or Occupational Therapist Assistant; Fees.

Section 333.16346 - Repealed. 2014, Act 267, Imd. Eff. July 1, 2014.

Section 333.16347 - Sanitarian; Fees.

Section 333.16348 - Licensed Bachelor's Social Worker, Licensed Master's Social Worker, or Registered Social Service Technician; Fees.

Section 333.16349 - Veterinary Medicine or Veterinary Technician; Fees.