Michigan Compiled Laws
368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349)
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...

Sec. 16241.
(1) After administrative disciplinary action is final, the department shall publish a list of the names and addresses of disciplined individuals. The department shall indicate on the list that a final administrative disciplinary action is subject to judicial review. The department shall report disciplinary action to the department of community health, the department of insurance and financial services, the state and federal agencies responsible for fiscal administration of federal health care programs, and the appropriate professional association.
(2) Once each calendar year, the department shall transmit to the library of Michigan sufficient copies of a compilation of the lists required under subsection (1) for the immediately preceding 3 calendar years. The library of Michigan shall distribute the compilation to each depository library in this state. The department shall also transmit the compilation to each county clerk in this state once each calendar year.
(3) The department of community health shall report the disciplinary actions to appropriate licensed health facilities and agencies. The department of insurance and financial services shall report the disciplinary actions received from the department to insurance carriers providing professional liability insurance.
(4) In case of a summary suspension of a license under section 16233(5), the department shall report the name and address of the individual whose license has been suspended to the department of community health, the department of insurance and financial services, the state and federal agencies responsible for fiscal administration of federal health care programs, and the appropriate professional association. In case of a summary suspension of a license under section 16233(6), the department shall report the name and address of the pharmacy license that has been suspended to the department of community health, the department of insurance and financial services, the state and federal agencies responsible for fiscal administration of federal health care programs, and the appropriate professional association.
(5) A licensee or registrant whose license or registration is revoked or suspended under this article shall give notice of the revocation or suspension to each patient who contacts the licensee or registrant for professional services during the term of the revocation or suspension. The licensee or registrant may give the notice required under this subsection orally and shall give the notice required under this subsection at the time of contact.
(6) A licensee or registrant whose license or registration is revoked or is suspended for more than 60 days under this article shall notify in writing each patient or client to whom the licensee or registrant rendered professional services in the licensee's or registrant's private practice during the 120 days immediately preceding the date of the final order imposing the revocation or suspension and to each individual who is already scheduled for professional services during the first 120 days after the date of the final order imposing the revocation or suspension. The notice must be on a form provided by the licensee's or registrant's board or task force and state, at a minimum, the name, address, and license or registration number of the licensee or registrant, the fact that his or her license or registration has been revoked or suspended, the effective date of the revocation or suspension, and the term of the revocation or suspension. Each board or task force shall develop a notice form that meets at least the minimum requirements of this subsection. The licensee or registrant shall send the notice to each patient or client to whom the licensee or registrant rendered professional services in the licensee's or registrant's private practice during the 120 days immediately preceding the date of the final order imposing the revocation or suspension within 30 days after the date of the final order imposing the revocation or suspension and shall simultaneously transmit a copy of the notice to the department. The licensee or registrant orally shall notify each individual who contacts the licensee or registrant for professional services during the first 120 days after the date of the final order imposing the revocation or suspension. The licensee or registrant shall also provide a copy of the notice within 10 days after the date of the final order imposing the revocation or suspension to his or her employer, if any, and to each hospital, if any, in which the licensee or registrant is admitted to practice.
(7) A licensee or registrant who is reprimanded, fined, placed on probation, or ordered to pay restitution under this article or an applicant whose application for licensure or registration is denied under this article shall notify his or her employer, if any, and each hospital, if any, in which he or she is admitted to practice, in the same manner as provided for notice of revocation or suspension to an employer or hospital under subsection (6), within 10 days after the date of the final order imposing the sanction.
(8) The department shall annually report to the legislature and to each board and task force on disciplinary actions taken under this article, article 7, and article 8. The department shall include, at a minimum, all of the following information in the report required under this subsection:
(a) Investigations conducted, complaints issued, and settlements reached by the department, separated out by type of complaint and health profession.
(b) Investigations and complaints closed or dismissed.
(c) Actions taken by each disciplinary subcommittee, separated out by type of complaint, health profession, and final order issued.
(d) Recommendations by boards and task forces.
(e) The number of extensions and delays granted by the department that were in excess of the time limits required under this article for each phase of the disciplinary process, and the types of cases for which the extensions and delays were granted.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 1993, Act 87, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2014, Act 280, Eff. Sept. 30, 2014 Popular Name: Act 368

Structure Michigan Compiled Laws

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.