SB-0578, As Passed Senate, November 7, 2013

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 added by 1993 PA 87.

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 or article 7 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 or article 7 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) All of the following apply for purposes of determining

when a decision of a disciplinary subcommittee made for purposes of

subsection (2) that this article or article 7 was violated, or a

decision made for purposes of subsection (3) that imposes a

sanction under this article or article 7, becomes a final decision

of that subcommittee and subject to judicial review:

     (a) If a disciplinary subcommittee makes a decision for

purposes of subsection (2) that this article or article 7 was

violated, or makes a decision for purposes of subsection (3) that

imposes a sanction under this article or article 7, the

disciplinary subcommittee shall notify the department of its

decision. The department shall review a decision of a disciplinary

subcommittee described in this subsection within 30 days after it

is notified of the decision. If the department determines that the

decision of the disciplinary subcommittee does not protect the

health, safety, and welfare of the public, the department may,

within that 30-day period, request that the appropriate board or

task force review the decision. If the department does not request

a review under this subdivision, the decision of the disciplinary

subcommittee becomes a final decision at the end of that 30-day

time period.

     (b) If a board or task force receives a request for review of

a decision of its disciplinary subcommittee under subdivision (a)

within the 30-day time period described in that subdivision, the

board or task force shall review the disciplinary subcommittee's

decision within 30 days after it receives the request and do 1 of

the following:

     (i) If the board or task force agrees with the decision, it

shall notify the department and disciplinary subcommittee, and the

decision of the disciplinary subcommittee becomes a final decision

at the time the disciplinary subcommittee receives that

notification.

     (ii) If the board or task force disagrees with the decision, it

shall notify the disciplinary subcommittee that it disagrees, the

reason or reasons it disagrees, and what decision it recommends.

The disciplinary subcommittee shall review the notification from

the board or task force, and after considering the recommendation

of the board or task force, make its final decision. A final

decision of a disciplinary subcommittee under this subparagraph

becomes a final decision when it is made.

     (6) Beginning July 1, 2014, 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.