Sec. 16237.
(1) In imposing a penalty under section 16232(3), a disciplinary subcommittee shall review the recommended findings of fact and conclusions of law of the hearings examiner.
(2) The department of attorney general may assign an independent special assistant attorney general who is under contract to the department of attorney general and is not a member of the state classified civil service to advise the disciplinary subcommittees on matters of law and provide other legal assistance as necessary. A special assistant attorney general assigned to the disciplinary subcommittees under this subsection shall not be the same individual who represented the department before a hearings examiner under section 16231a(4).
(3) In reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a specific issue or may revise the recommended findings of fact and conclusions of law as determined necessary by the disciplinary subcommittee, or both. A disciplinary subcommittee shall not conduct its own investigation or take its own additional testimony or evidence under this subsection.
(4) If a disciplinary subcommittee finds that a preponderance of the evidence supports the recommended findings of fact and conclusions of law of the hearings examiner indicating that grounds exist for disciplinary action, the disciplinary subcommittee shall impose an appropriate sanction under any combination of this article, article 7, or article 8. If the disciplinary subcommittee finds that a preponderance of the evidence does not support the findings of fact and conclusions of law of the hearings examiner indicating that grounds exist for disciplinary action, the disciplinary subcommittee shall dismiss the complaint. A disciplinary subcommittee shall report final action taken by it in writing to the appropriate board or task force.
(5) The compliance conference, the hearing before the hearings examiner, and final disciplinary subcommittee action shall be completed within 1 year after the department initiates an investigation under section 16231(2) or (3). The department shall note in its annual report any exceptions to the 1-year requirement.
(6) A final decision of a disciplinary subcommittee rendered after the effective date of the amendatory act that added this section but before January 1, 1995 may be appealed only in the manner provided in sections 103 to 106 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306. A final decision of a disciplinary subcommittee rendered on or after January 1, 1995 may be appealed only to the court of appeals. An appeal filed under this subsection is by right.
History: Add. 1993, Act 87, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 Compiler's Notes: Former MCL 333.16237, which pertained to imposition of penalty, review, and appeal, was repealed by Act 87 of 1993, Eff. Apr. 1, 1994.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.