Sec. 16231.
(1) A person or governmental entity that believes that a violation of this article, article 7, or article 8 or a rule promulgated under this article, article 7, or article 8 exists may submit an allegation of that fact to the department in writing.
(2) Subject to subsection (3) and section 16221b, if the department determines after reviewing an application or an allegation or a licensee's or registrant's file under section 16211(4) that there is a reasonable basis to believe that a violation of this article, article 7, or article 8 or a rule promulgated under this article, article 7, or article 8 exists, 1 of the following applies:
(a) Unless subdivision (b) applies, subject to subsection (10), with the authorization of a panel of at least 3 board members that includes the chair and at least 2 other members of the appropriate board or task force designated by the chair, the department shall investigate the alleged violation. Subject to subsection (10), if the panel fails to grant or deny authorization within 7 days after the board or task force receives a request for authorization, the department shall investigate. If the department believes that immediate jeopardy exists, the director or his or her designee shall authorize an investigation and notify the board chair of that investigation within 2 business days.
(b) If it reviews an allegation in writing under subsection (1) that concerns a licensee or registrant whose record created under section 16211 includes 1 substantiated allegation, or 2 or more written investigated allegations, from 2 or more different individuals or entities, received in the preceding 4 years, the department shall investigate the alleged violation. Authorization by a panel described in subdivision (a) is not required for an investigation by the department under this subdivision.
(3) If a person or governmental entity submits a written allegation under subsection (1) more than 4 years after the date of the incident or activity that is the basis of the alleged violation, the department may investigate the alleged violation in the manner described in subsection (2)(a) or (b), as applicable, but is not required to conduct an investigation under subsection (2)(a) or (b).
(4) If it receives information reported under section 16243(2) that indicates 3 or more malpractice settlements, awards, or judgments against a licensee in a period of 5 consecutive years or 1 or more malpractice settlements, awards, or judgments against a licensee totaling more than $200,000.00 in a period of 5 consecutive years, whether or not a judgment or award is stayed pending appeal, the department shall investigate.
(5) At any time during an investigation or following the issuance of a complaint, the department may schedule a compliance conference under section 92 of the administrative procedures act of 1969, MCL 24.292. The conference may include the applicant, licensee, registrant, or individual, the applicant's, licensee's, registrant's, or individual's attorney, 1 member of the department's staff, and any other individuals approved by the department. One member of the appropriate board or task force who is not a member of the disciplinary subcommittee with jurisdiction over the matter may attend the conference and provide any assistance that is needed. At the compliance conference, the department shall attempt to reach agreement. If an agreement is reached, the department shall submit a written statement outlining the terms of the agreement, or a stipulation and final order, if applicable, or a request for dismissal to the appropriate disciplinary subcommittee for approval. If the agreement or stipulation and final order or request for dismissal is rejected by the disciplinary subcommittee, or if no agreement is reached, the department shall schedule a hearing before an administrative law judge. A party shall not make a transcript of the compliance conference. All records and documents of a compliance conference held before a complaint is issued are subject to section 16238.
(6) Within 90 days after an investigation is initiated under subsection (2), (3), or (4), the department shall do 1 or more of the following:
(a) Issue a formal complaint.
(b) Conduct a compliance conference under subsection (5).
(c) Issue a summary suspension.
(d) Issue a cease and desist order.
(e) Dismiss the allegation.
(f) Place in the complaint file not more than 1 written extension of not more than 30 days to take action under this subsection.
(7) Unless the person submitting an allegation under subsection (1) otherwise agrees in writing, the department shall keep the identity of a person that submitted the allegation confidential until disciplinary proceedings under this part are initiated against the subject of the allegation and the person that made the allegation is required to testify in the proceedings.
(8) The department shall serve a complaint under section 16192. The department shall include in the complaint a notice that the applicant, licensee, registrant, or individual who is the subject of the complaint has 30 days from the date of receipt to respond in writing to the complaint.
(9) The department shall treat the failure of an applicant, licensee, registrant, or individual to respond to a complaint within the 30-day period set forth in subsection (8) as an admission of the allegations contained in the complaint. The department shall notify the appropriate disciplinary subcommittee of the individual's failure to respond and shall forward a copy of the complaint to that disciplinary subcommittee. The disciplinary subcommittee may then impose an appropriate sanction under this article, article 7, or article 8.
(10) All of the following apply for purposes of subsection (2)(a):
(a) If the chair of the board or task force has a conflict of interest, he or she shall appoint another member of the board or task force as his or her designee and shall not participate in the panel's decision to grant or deny authorization to the department to investigate an individual.
(b) A member of the board or task force shall not participate in the panel's decision to grant or deny authorization to the department to investigate an individual if that member has a conflict of interest. If the chair of the board or task force is notified that a member of the panel has a conflict of interest, the chair shall remove him or her from the panel and appoint another member of the board or task force to serve on the panel.
(c) A member of the board or task force who participates in or is requested to participate in the panel's decision to grant or deny authorization to the department to investigate an individual shall disclose to the department, to the chair of the board or task force, and to the other member of the panel a potential conflict of interest before those participants make that decision.
(11) As used in subsection (10), "conflict of interest" means any of the following:
(a) Has a personal or financial interest in the outcome of the investigation of or the imposition of disciplinary sanctions on the licensee, registrant, or applicant for licensure or registration.
(b) Had a past or has a present business or professional relationship with the individual that the department is investigating or requesting authorization to investigate.
(c) Has given expert testimony in a medical malpractice action against or on behalf of the individual that the department is seeking authorization to investigate.
(d) Any other interest or relationship designated as a conflict of interest in a rule promulgated or order issued under this act.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2010, Act 382, Imd. Eff. Dec. 22, 2010 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2014, Act 95, Eff. July 1, 2014 ;-- Am. 2017, Act 249, Imd. Eff. Dec. 27, 2017 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
Structure Michigan Compiled Laws
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.
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 333.16113 - Repealed. 2020, Act 245, Eff. June 30, 2021.
Section 333.16115 - Board Created as Successor to Former Board With Same or Similar Name.
Section 333.16122 - 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 333.16131 - 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 333.16145 - Board or Task Force; Official Seal; Rules.
Section 333.16146 - Board; Granting License or Registration.
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 333.16163 - Task Force; Recommendations to Board.
Section 333.16166 - Committee; Term; Vacancy.
Section 333.16167 - Committee; Duties.
Section 333.16169 - Impairment of Health Professional; Transmitting Information; Determination.
Section 333.16170a - Confidentiality; Destruction of Records; Applicability of Subsection (3).
Section 333.16171 - License for Practice of Health Profession; Exemptions.
Section 333.16174a - Preliminary Determination; Procedure; Effect.
Section 333.16175 - License or Registration; Minimum Standards of Educational Prerequisites.
Section 333.16179 - Unlawful Conduct in Connection With Examination or Application.
Section 333.16182 - Limited Licenses; Issuance.
Section 333.16183 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Section 333.16184 - Special Volunteer License.
Section 333.16186 - Reciprocity; Requirements; Person Licensed as Respiratory Therapist in Canada.
Section 333.16189 - Interstate Medical Licensure Compact; Repeal.
Section 333.16190.added - Psychology Interjurisdictional Compact.
Section 333.16193 - Chemical Analysis; Implied Consent to Submit.
Section 333.16203 - Repealed. 1986, Act 174, Imd. Eff. July 7, 1986.
Section 333.16204b - Treatment of Pain; Enactment of Legislation.
Section 333.16208 - Expired. 1978, Act 368, Eff. Sept. 30, 1984.
Section 333.16213 - Retention of Records.
Section 333.16223 - Impairment of Licensee, Registrant, or Applicant; Report; Exception; Liability.
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 333.16232 - Hearings; Rules.
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 333.16238 - Confidentiality of Information; Compliance Conference Closed to Public.
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 333.16265 - Use of Terms “Doctor” or “dr.”.
Section 333.16266 - Compliance.
Section 333.16267 - HIV Infected Test Subject; Compliance Reporting Requirements; Definitions.
Section 333.16283 - Definitions.
Section 333.16284 - Telehealth Service; Consent Required; Exception.
Section 333.16285 - Telehealth Service; Prescribing Patient With Drug; Conditions; Requirements.
Section 333.16288 - 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 333.16305 - Examination Fee; Forfeiture; Reexamination Fee.
Section 333.16311 - Repealed. 1988, Act 462, Eff. Sept. 1, 1989.
Section 333.16317 - Fees; Limitation on Increase; Schedule.
Section 333.16317.amended - Fees; Limitation on Increase; Schedule.
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 333.16324 - Marriage and Family Therapy; License Fees.
Section 333.16325 - Medicine; Fees.
Section 333.16326 - Practice of Midwifery; License 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 333.16349 - Veterinary Medicine or Veterinary Technician; Fees.