Michigan Compiled Laws
368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211)
Section 333.20156 - Entering Premises of Applicant or Licensee; Enforcement of Rules; Review and Inspection of Existing Facilities; Amendment of Rules; Verification of Existing Facilities; Certificate of Approval From Bureau of Fire Services; Applica...

Sec. 20156.
(1) A representative of the department or the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, upon presentation of proper identification, may enter the premises of an applicant or licensee at any reasonable time to determine whether the applicant or licensee meets the requirements of this article and the rules promulgated under this article. The director; the director of the department of health and human services; the bureau of fire services; the director of the office of services to the aging; or the director of a local health department; or an authorized representative of the director, the director of the department of health and human services, the bureau of fire services, the director of the office of services to the aging, or the director of a local health department may enter on the premises of an applicant or licensee under part 217 at any time in the course of carrying out program responsibilities.
(2) The bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, shall enforce rules promulgated by the bureau of fire services for health facilities and agencies to ensure that physical facilities owned, maintained, or operated by a health facility or agency are planned, constructed, and maintained in a manner to protect the health, safety, and welfare of patients.
(3) Beginning on the effective date of the amendatory act that added this subsection, the bureau of fire services shall amend the rules to allow facilities in existence on or before the effective date of the amendatory act that added this subsection and continuously operating up to the time of application for a home for the aged license to be reviewed and inspected to comply with the provisions of chapter 18 or 19 or chapter 32 or 33 of the National Fire Protection Association standard number 101.
(4) An applicant under subsection (3) shall provide information requested by the department that allows the department to verify that the facility was in existence on or before the effective date of the amendatory act that added this subsection and has been continuously operating up to the time of application.
(5) The department shall not issue a license or certificate to a health facility or agency until it receives an appropriate certificate of approval from the bureau of fire services. For purposes of this section, a decision of the bureau of fire services to issue a certificate controls over that of a local fire department.
(6) Subsections (2), (3), (4), and (5) do not apply to a health facility or an agency licensed under part 205 or 209.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1982, Act 474, Eff. Mar. 30, 1983 ;-- Am. 1986, Act 78, Imd. Eff. Apr. 7, 1986 ;-- Am. 1990, Act 179, Imd. Eff. July 2, 1990 ;-- Am. 2006, Act 195, Imd. Eff. June 19, 2006 ;-- Am. 2017, Act 167, Eff. Feb. 11, 2018 Compiler's Notes: For transfer of powers and duties of the fire marshal division on programs relating to fire safety inspections of adult foster care, correctional, and health care facilities from the department of state police to the department of consumer and industry services, see E.R.O. No. 1997-2, compiled at MCL 29.451 of the Michigan Compiled Laws.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 17 - Facilities and Agencies (333.20101...333.22260)

368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211)

Section 333.20101 - Meanings of Words and Phrases; Principles of Construction.

Section 333.20102 - Definitions; A.

Section 333.20104 - Definitions; C to G.

Section 333.20106 - Definitions; H.

Section 333.20108 - Definitions; I to N.

Section 333.20109 - Definitions; N to S.

Section 333.20115 - Rules Defining or Differentiating Health Facility or Agency; Rules Differentiating Freestanding Surgical Outpatient Facility From Private Office; Republication of Certain Rules; Waiver or Modification; Information to Be Provided t...

Section 333.20121-333.20127 - Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.

Section 333.20131 - Comprehensive System of Licensure and Certification; Establishment; Purpose; Certification of Health Facility or Agency; Coordination, Cooperation, and Agreements; Public Disclosure.

Section 333.20132 - Regulation of Medical or Surgical Treatment Prohibited; Control of Communicable Diseases; Protection of Individuals Receiving Care and Services; Standards for Inpatient Food Service Establishment; Compliance.

Section 333.20141 - Health Facility or Agency; License Required; Eligibility to Participate in Federal or State Health Program; Personnel; Services; and Equipment; Evidence of Compliance; Providing Data and Statistics.

Section 333.20142 - Application for Licensure and Certification; Form; Certifying Accuracy of Information; Disclosures, Reports; and Notices; Violation; Penalty; False Statement as Felony.

Section 333.20143 - Compliance as Condition to Issuance of License, Certificate, or Certificate of Need.

Section 333.20144 - Licensing on Basis of Approved Building Program.

Section 333.20145 - Construction Permit; Certificate of Need as Condition of Issuance; Rules; Information Required for Project Not Requiring Certificate of Need; Public Information; Review and Approval of Architectural Plans and Narrative; Rules; Wai...

Section 333.20151 - Cooperation; Professional Advice and Consultation.

Section 333.20152 - Certification by Licensee; Developing Facilities and Programs of Care; Rating Individuals for Purposes of Reimbursement.

Section 333.20153 - Definitions; Single-Use Device; Reusing, Recycling, or Refurbishing Prohibited; Exceptions; Violation as Felony; Penalty.

Section 333.20155 - Visit to Health Facility or Agency; Survey and Evaluation for Purpose of Licensure; Nursing Home Surveyor; Criminal History Check; Survey Team; Composition and Membership; Waiver; Confidentiality of Accreditation Information; Limi...

Section 333.20155a - Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.

Section 333.20156 - Entering Premises of Applicant or Licensee; Enforcement of Rules; Review and Inspection of Existing Facilities; Amendment of Rules; Verification of Existing Facilities; Certificate of Approval From Bureau of Fire Services; Applica...

Section 333.20158 - Biannual Inspection Reports for Certain Entities.

Section 333.20161 - Fees and Assessments for Health Facility and Agency Licenses and Certificates of Need; Schedule; Fees; Use of Quality Assurance Assessment; Tax Levy; Notification to Ambulance Operation; Definitions.

Section 333.20162 - License; Receipt of Completed Application; Issuance of License Within Certain Period of Time; Nonrenewable Temporary Permit; Provisional License; Procedure for Closing Facility; Order to Licensee Upon Finding of Noncompliance; Not...

Section 333.20164 - Duration of License or Certification; License, Certification, or Certificate of Need Nontransferable; Transfer of Ownership or Ownership Interest; Notice; Application for License and Certification.

Section 333.20165 - Denying, Limiting, Suspending, or Revoking License or Certification; Notice of Intent; Imposition of Administrative Fine.

Section 333.20165a - Action Against Health Facility's Treatment as Authorized Under Right to Try Act; Definitions.

Section 333.20166 - Notice of Intent to Deny, Limit, Suspend, or Revoke License or Certification; Service; Contents; Hearing; Record; Transcript; Determination; Powers of Department; Judicial Order to Appear and Give Testimony; Contempt; Failure to S...

Section 333.20168 - Emergency Order Limiting, Suspending, or Revoking License; Limiting Reimbursements or Payments; Hearing; Contents of Order; Order Not Suspended by Hearing.

Section 333.20169 - HIV Infected Test Subject; Compliance With Reporting Requirements; Definitions.

Section 333.20170 - Medical Records Access; Compliance.

Section 333.20171 - Rules Implementing Article; Rules Promulgated Under MCL 333.21563; Rules Subject to MCL 554.917.

Section 333.20172 - Policies and Procedures; Publication and Distribution.

Section 333.20173 - Repealed. 2006, Act 28, Eff. Apr. 1, 2006.

Section 333.20173a - Covered Facility; Employees or Applicants for Employment; Prohibitions; Criminal History Check; Procedure; Conditional Employment or Clinical Privileges; Knowingly Providing False Information as Misdemeanor; Prohibited Use or Dis...

Section 333.20173b - Individual Disqualified or Denied Employment Pursuant to MCL 333.20173, 333.20173a, or 330.1134a; Appeal; Report to Legislature; "Business Day" Defined.

Section 333.20174 - Practice Agreement; Designation of Physician by Health Facility or Agency.

Section 333.20175 - Maintaining Record for Each Patient; Confidentiality; Wrongfully Altering or Destroying Records; Noncompliance; Fine; Licensing and Certification Records as Public Records; Confidentiality; Disclosure; Report or Notice of Discipli...

Section 333.20175a - Agreement With Another Health Facility to Protect, Maintain, and Provide Access to Records; Closure of Health Facility; Noncompliance; Fine; Definitions.

Section 333.20176 - Notice of Violation; Investigation of Complaints; Notice of Proposed Action; Public Record; Appeal; Reinvestigation.

Section 333.20176a - Health Facility or Agency; Prohibited Conduct; Violation; Fine.

Section 333.20177 - Action to Restrain, Enjoin, or Prevent Establishment, Maintenance, or Operation of Health Facility or Agency.

Section 333.20178 - Nursing Home, Home for the Aged, or County Medical Care Facility; Description of Services to Patients or Residents With Alzheimer's Disease; Contents; “Represents to the Public” Defined.

Section 333.20179 - 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 333.20180 - Health Facility or Agency; Person Making or Assisting in Originating, Investigating, or Preparing Report or Complaint; Immunity and Protection From Civil or Criminal Liability; Disclosure of Identity; Notice; “Hospital” Defined.

Section 333.20181 - Abortion; Admitting Patient Not Required; Refusal to Perform, Participate In, or Allow; Immunity.

Section 333.20182 - Abortion; Objection; Participation in Medical Procedures Not Required; Immunity.

Section 333.20183 - Abortion; Refusal to Give Advice; Refusal to Participate In; Immunity.

Section 333.20184 - Rights of Individuals, Staff Members, and Employees Previously Participating In, or Expressing Willingness to Participate In, Termination of Pregnancy.

Section 333.20188 - Repealed. 2004, Act 119, Eff. Nov. 27, 2005.

Section 333.20189 - Licensure Under the Interstate Medical Licensure Compact as Condition of Employment; Prohibit.

Section 333.20189a - Written Practice Agreement; Condition of Employment; Prohibited.

Section 333.20191 - Emergency Patient; Test for Presence of Infectious Agent; Positive Test Results; Duties of Health Facility; Notice; Request for Testing; Confidentiality; Rules; Disclosure as Misdemeanor; Liability; Definitions.

Section 333.20192 - Do-Not-Resuscitate Order; Execution Not Required.

Section 333.20192a - Post Form as Condition for Admission or Receipt of Services; Requirement Prohibited.

Section 333.20193 - Compliance.

Section 333.20194 - Pamphlets; Display; Distribution; Model Standardized Complaint Form; Availability.

Section 333.20197 - Human Cloning in Facility Owned or Operated by Health Facility or Agency.

Section 333.20198 - Health Facility, Agency Inpatient Facility, or Residential Facility; Prohibited Conduct; Violation as Misdemeanor; Penalty; Nonapplicability of Subsections (1) and (2).

Section 333.20199 - Violations; Penalties.

Section 333.20201 - Policy Describing Rights and Responsibilities of Patients or Residents; Adoption; Posting; Contents; Additional Requirements; Discharging, Harassing, Retaliating, or Discriminating Against Patient Exercising Protected Right; Exerc...

Section 333.20202 - Responsibilities of Patient or Resident.

Section 333.20203 - Guidelines; Immunity; Other Remedies at Law Neither Expanded nor Diminished.

Section 333.20211 - Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.