Michigan Compiled Laws
368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349)
Section 333.16243 - Reports; Reporting Name of Licensee, Amount of Damages Awarded, or Amount of Approved Settlement.

Sec. 16243.
(1) The department or a disciplinary subcommittee appointed under section 16216 may request and shall receive the following reports:
(a) Information from a licensed health care facility as to disciplinary action taken by it under section 20175.
(b) Information from an insurer providing professional liability insurance as to claims or actions for damages against a licensee; settlements in any amount; a final disposition not resulting in payment on behalf of the insured; or a personal injury claimed to have been caused by an error, omission, or negligence in the performance of the insured professional services. An insurer that receives a request under this subdivision shall submit the information requested directly to the department.
(c) Information from a court in this state as to a felony or misdemeanor conviction of a licensee or registrant or a judgment against a licensee or registrant finding the licensee or registrant negligent in an action for malpractice, whether or not the judgment is appealed.
(d) A report by a licensee or registrant under section 16222.
(e) Information provided by the National Practitioner Data Bank, and reports from the Michigan health care arbitration program.
(f) Reports from any other appropriate source necessary for determination of the competency and safety of the practice of a licensee. Appropriate sources include, but are not limited to, appointed public and private professional review entities and public and private health insurance programs.
(2) Within 10 days after the entry of a judgment against a licensee finding the licensee negligent in an action for malpractice or the approval by a court of a settlement in an action for malpractice, the clerk of the court in which the judgment was entered or the settlement approved shall prepare and immediately forward to the department on a form prescribed by the department a report setting forth the name of the licensee and the amount of damages awarded or the amount of the approved settlement.
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. 2016, Act 103, Eff. Aug. 1, 2016 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

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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.