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.