SENATE Substitute For
HOUSE BILL NO. 4991
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16226 (MCL 333.16226), as amended by 2020 PA 136.
the people of the state of michigan enact:
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Sec. 16226. (1) After finding the existence of 1 or
more of the grounds for disciplinary subcommittee action listed in section 16221,
a disciplinary subcommittee shall impose 1 or more of the following sanctions
for each violation:
Violations of Section 16221 |
Sanctions |
Subdivision (a), (b)(i), |
Probation, limitation, denial, |
(b)(ii), (b)(iii), (b)(iv), |
suspension, revocation, |
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(b)(v), (b)(vi), (b)(vii), |
permanent revocation, |
(b)(ix), (b)(x), (b)(xi), |
restitution, or fine. |
or (b)(xii) |
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Subdivision (b)(viii) |
Revocation, permanent revocation, |
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or denial. |
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Subdivision (b)(xiii) |
Permanent revocation |
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for a violation described in |
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subsection (5); otherwise, |
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probation, limitation, denial, |
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suspension, revocation, |
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restitution, or fine. |
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Subdivision (b)(xiv) |
Permanent revocation. |
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Subdivision (c)(i) |
Denial, revocation, suspension, |
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probation, limitation, or fine. |
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Subdivision (c)(ii) |
Denial, suspension, revocation, |
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restitution, or fine. |
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Subdivision (c)(iii) |
Probation, denial, suspension, |
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revocation, restitution, or fine. |
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Subdivision (c)(iv) |
Fine, probation, denial, |
or (d)(iii) |
suspension, revocation, permanent |
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revocation, or restitution. |
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Subdivision (d)(i) |
Reprimand, fine, probation, |
or (d)(ii) |
denial, or restitution. |
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Subdivision (e)(i), |
Reprimand, fine, probation, |
(e)(iii), (e)(iv), (e)(v), |
limitation, suspension, |
(h), or (s) |
revocation, permanent revocation, |
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denial, or restitution. |
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Subdivision (e)(ii) |
Reprimand, probation, suspension, |
or (i) |
revocation, permanent |
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revocation, restitution, |
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denial, or fine. |
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Subdivision (e)(vi), |
Probation, suspension, revocation, |
(e)(vii), or (e)(viii) |
limitation, denial, |
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restitution, or fine. |
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Subdivision (f) |
Reprimand, denial, limitation, |
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probation, or fine. |
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Subdivision (g) |
Reprimand or fine. |
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Subdivision (j) |
Suspension or fine. |
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Subdivision (k), (p), |
Reprimand, probation, suspension, |
or (r) |
revocation, permanent revocation, |
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or fine. |
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Subdivision (l) |
Reprimand, denial, or |
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limitation. |
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Subdivision (m) or (o) |
Denial, revocation, restitution, |
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probation, suspension, |
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limitation, reprimand, or fine. |
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Subdivision (n) |
Revocation or denial. |
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Subdivision (q) |
Revocation. |
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Subdivision (t) |
Revocation, permanent revocation, |
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fine, or restitution. |
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Subdivision (u) |
Denial, revocation, probation, |
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suspension, limitation, reprimand, |
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or fine. |
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Subdivision (v) or (x) |
Probation, limitation, denial, |
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fine, suspension, revocation, or |
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permanent revocation. |
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Subdivision (w) |
Denial, fine, reprimand, |
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probation, limitation, |
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suspension, revocation, or |
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permanent revocation. |
Subdivision (y) |
Subject to subsection (7), |
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fine. |
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Subdivision
(z) |
Fine. |
(2) Determination
of sanctions for violations under this section shall be made by a disciplinary
subcommittee. If, during judicial review, the court of appeals determines that
a final decision or order of a disciplinary subcommittee prejudices substantial
rights of the petitioner for 1 or more of the grounds listed in section 106 of
the administrative procedures act of 1969, MCL 24.306, and holds that the final
decision or order is unlawful and is to be set aside, the court shall state on
the record the reasons for the holding and may remand the case to the
disciplinary subcommittee for further consideration.
(3) A disciplinary
subcommittee may impose a fine in an amount that does not exceed $250,000.00
for a violation of section 16221(a) or (b). A disciplinary subcommittee shall
impose a fine of at least $25,000.00 if the violation of section 16221(a) or
(b) results in the death of 1 or more patients.
(4) A
disciplinary subcommittee may require a licensee or registrant or an applicant
for licensure or registration who has violated this article, article 7, or
article 8 or a rule promulgated under this article, article 7, or article 8 to
satisfactorily complete an educational program, a training program, or a
treatment program, a mental, physical, or professional competence examination,
or a combination of those programs and examinations.
(5) A
disciplinary subcommittee shall impose the sanction of permanent revocation for
a violation of section 16221(b)(xiii) if the violation
occurred while the licensee or registrant was acting within the health
profession for which he or she was licensed or
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registered.
(6) Except as otherwise provided in subsection (5) and this
subsection, a disciplinary subcommittee shall not impose the sanction of
permanent revocation under this section without a finding that the licensee or
registrant engaged in a pattern of intentional acts of fraud or deceit
resulting in personal financial gain to the licensee or registrant and harm to
the health of patients under the licensee's or registrant's care. This
subsection does not apply if a disciplinary subcommittee finds that a licensee
or registrant has violated section 16221(b)(xiv).
(7) A disciplinary subcommittee shall impose a fine of not
more than $250.00 for each violation of section 16221(y).
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) House Bill No. 4459.
(b) House Bill No. 4460.
(c) House Bill No. 4990.