Sec. 16231a.
(1) If an agreement is not reached at a compliance conference held under section 16231(4), or if an agreement is reached but is rejected by a disciplinary subcommittee and the parties do not reach a new agreement, the department shall hold a hearing before a hearings examiner employed by or under contract to the department. If an agreement is reached but is rejected by the disciplinary subcommittee, the department shall not hold another compliance conference, but may continue to try and reach a new agreement. The hearings examiner shall conduct the hearing within 60 days after the compliance conference at which an agreement is not reached or after the agreement is rejected by the disciplinary subcommittee, unless a new agreement is reached and approved by the disciplinary subcommittee. 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 hearing and provide such assistance as needed.
(2) The hearings examiner shall determine if there are grounds for disciplinary action under section 16221 or if the applicant, licensee, or registrant has violated this article, article 7, or article 8 or the rules promulgated under this article, article 7, or article 8. The hearings examiner shall prepare recommended findings of fact and conclusions of law for transmittal to the appropriate disciplinary subcommittee. The hearings examiner shall not recommend or impose penalties.
(3) The applicant, licensee, or registrant who is the subject of the complaint or the department of attorney general may request and be granted not more than 1 continuance by the hearings examiner for good cause shown.
(4) The applicant, licensee, or registrant may be represented at the hearing by legal counsel. The department shall be represented at the hearing by an assistant attorney general from the department of attorney general. The assistant attorney general shall not be the same individual assigned by the department of attorney general to provide legal counsel to the board or the special assistant attorney general described in section 16237.
(5) Unless a continuance has been granted under subsection (3), failure of an applicant, licensee, or registrant to appear or be represented at a scheduled hearing shall be treated by the hearings examiner as a default and an admission of the allegations contained in the complaint. The hearings examiner shall notify the appropriate disciplinary subcommittee of the individual's failure to appear and forward a copy of the complaint and any other relevant records to the disciplinary subcommittee. The disciplinary subcommittee may then impose an appropriate sanction under any combination of this article, article 7, or article 8.
History: Add. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 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.