Sec. 16233.
(1) The department may conduct an investigation necessary to administer and enforce this article. Investigations may include written, oral, or practical tests of a licensee's or registrant's competency. The department may establish a special paralegal unit to assist the department.
(2) The department may order an individual to cease and desist from a violation of this article, article 7, or article 8 or a rule promulgated under this article, article 7, or article 8.
(3) An individual ordered to cease and desist under subsection (2) is entitled to a hearing before a hearings examiner if the individual files a written request for a hearing within 30 days after the effective date of the cease and desist order. The department shall subsequently present the notice, if any, of the individual's failure to respond to a complaint, or attend or be represented at a hearing as described in sections 16231 and 16231a, or the recommended findings of fact and conclusions of law to the appropriate disciplinary subcommittee to determine whether the order is to remain in effect or be dissolved.
(4) Upon a violation of a cease and desist order issued under subsection (2), the department of attorney general may apply in the circuit court to restrain and enjoin, temporarily or permanently, an individual from further violating the cease and desist order.
(5) After consultation with the chair of the appropriate board or task force or his or her designee, the department may summarily suspend a license or registration if the public health, safety, or welfare requires emergency action in accordance with section 92 of the administrative procedures act of 1969, MCL 24.292. If a licensee or registrant is convicted of a felony; a misdemeanor punishable by imprisonment for a maximum term of 2 years; or a misdemeanor involving the illegal delivery, possession, or use of a controlled substance, the department shall find that the public health, safety, or welfare requires emergency action and, in accordance with section 92 of the administrative procedures act of 1969, MCL 24.292, shall summarily suspend the licensee's license or the registrant's registration. If a licensee or registrant is convicted of a misdemeanor involving the illegal delivery, possession, or use of alcohol that adversely affects the licensee's ability to practice in a safe and competent manner, the department may find that the public health, safety, or welfare requires emergency action and, in accordance with section 92 of the administrative procedures act of 1969, MCL 24.292, may summarily suspend the licensee's license or the registrant's registration.
(6) The department may summarily suspend a pharmacy license if the department has received a notice from the United States food and drug administration or the centers for disease control and prevention that there is an imminent risk to the public health, safety, or welfare and emergency action in accordance with section 92 of the administrative procedures act of 1969, MCL 24.292, is appropriate. A suspension under this subsection remains in effect for the duration of the emergency situation that poses a risk to the public health, safety, or welfare. Notwithstanding any provision of this act to the contrary, the department is not required to conduct an investigation or consult with the board of pharmacy to take emergency action under this subsection.
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. 1995, Act 196, Imd. Eff. Nov. 22, 1995 ;-- Am. 2010, Act 382, Imd. Eff. Dec. 22, 2010 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2014, Act 280, Eff. Sept. 30, 2014 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.