SB-0578, As Passed House, March 18, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 578

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 16216 (MCL 333.16216), as amended by 2013 PA

268.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16216. (1) The chair of each board or task force shall

appoint 1 or more disciplinary subcommittees for that board or task

force. A disciplinary subcommittee for a board or task force shall

consist of 2 public members and 3 professional members from the

board or task force. The chair of a board or task force shall not

serve as a member of a disciplinary subcommittee.

     (2) A final decision of the disciplinary subcommittee finding

a violation of this article, article 7, or article 8 shall be by a

majority vote of the members appointed and serving on the

disciplinary subcommittee.

     (3) A final decision of the disciplinary subcommittee imposing

a sanction under this article, article 7, or article 8 or a final

decision of the disciplinary subcommittee other than a final

decision described in subsection (2) requires a majority vote of

the members appointed and serving on the disciplinary subcommittee

with an affirmative vote by at least 1 public member.

     (4) The chairperson of each disciplinary subcommittee shall be

a public member and shall be appointed by the chair of the board or

task force.

     (5) The department may review a final decision of the

disciplinary subcommittee within 30 days after the date of the

disciplinary subcommittee's decision. If the department determines

that the action taken by the disciplinary subcommittee does not

protect the health, safety, and welfare of the public, the

department, with the approval of the board chair, may set aside the

decision of the disciplinary subcommittee and issue a different

final action. The final action of the department shall serve as the

final action on the matter and is subject to judicial review in the

same manner as the final decision of the disciplinary subcommittee.

     (6) Beginning January 1, 2015, the department shall include on

its public licensing and registration website each final decision

where disciplinary action is taken against a licensee, including

the reason for and description of that disciplinary action.

     Enacting section 1. This amendatory act takes effect July 1,

2014.