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MICHIGAN LEGISLATURE
95th Legislature
Regular Session
Michigan Compiled Laws Complete Through PA 139 of 2009
House: Adjourned until Tuesday, December 01, 2009 1:30:00 PM
Senate: Adjourned until Tuesday, December 01, 2009 10:00:00 AM
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PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.16226 Sanctions; determination; judicial review; maximum fine for violation of MCL 333.16221(a) or (b); completion of program or examination.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)(ii), |
Probation, limitation, denial, |
| (b)(iv), (b)(vi), or |
suspension, revocation, |
| (b)(vii) |
restitution, community service, |
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or fine. |
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| Subdivision (b)(viii) |
Revocation or denial. |
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| Subdivision (b)(i), |
Limitation, suspension, |
| (b)(iii), (b)(v), |
revocation, denial, |
| (b)(ix), (b)(x), |
probation, restitution, |
| (b)(xi), or (b)(xii) |
community service, or fine. |
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| Subdivision (c)(i) |
Denial, revocation, suspension, |
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probation, limitation, community |
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service, or fine. |
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| Subdivision (c)(ii) |
Denial, suspension, revocation, |
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restitution, community service, |
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or fine. |
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| Subdivision (c)(iii) |
Probation, denial, suspension, |
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revocation, restitution, |
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community service, or fine. |
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| Subdivision (c)(iv) |
Fine, probation, denial, |
| or (d)(iii) |
suspension, revocation, community |
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service, or restitution. |
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| Subdivision (d)(i) |
Reprimand, fine, probation, |
| or (d)(ii) |
community service, denial, |
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or restitution. |
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| Subdivision (e)(i) |
Reprimand, fine, probation, |
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limitation, suspension, community |
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service, denial, or restitution. |
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| Subdivision (e)(ii) |
Reprimand, probation, |
| or (i) |
suspension, restitution, |
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community service, denial, or |
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fine. |
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| Subdivision (e)(iii), |
Reprimand, fine, probation, |
| (e)(iv), or (e)(v) |
suspension, revocation, |
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limitation, community service, |
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denial, or restitution. |
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| Subdivision (g) |
Reprimand or fine. |
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| Subdivision (h) or (s) |
Reprimand, probation, denial, |
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suspension, revocation, |
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limitation, restitution, |
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community service, or fine. |
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| Subdivision (j) |
Suspension or fine. |
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| Subdivision (k), (p), |
Reprimand or fine. |
| or (r) |
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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, fine, and |
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restitution. |
(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, 1969 PA 306, 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 of up to, but not exceeding, $250,000.00 for a violation of section 16221(a) or (b).
(4) A disciplinary subcommittee may require a licensee or registrant or an applicant for licensure or registration who has violated this article or article 7 or a rule promulgated under this article or article 7 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.
History: 1978, Act 368, Eff. Sept. 30, 1978
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Am. 1986, Act 174, Imd. Eff. July 7, 1986
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Am. 1986, Act 195, Imd. Eff. July 8, 1986
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Am. 1986, Act 319, Imd. Eff. Dec. 26, 1986
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Am. 1987, Act 178, Imd. Eff. Nov. 19, 1987
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Am. 1989, Act 15, Imd. Eff. May 15, 1989
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Am. 1993, Act 79, Eff. Apr. 1, 1994
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Am. 1993, Act 133, Eff. Apr. 1, 1994
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Am. 1996, Act 273, Eff. Mar. 31, 1997
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Am. 1996, Act 540, Imd. Eff. Jan. 15, 1997
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Am. 1996, Act 594, Eff. Mar. 31, 1997
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Am. 1998, Act 109, Eff. Mar. 23, 1999
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Am. 2000, Act 29, Imd. Eff. Mar. 15, 2000
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Am. 2002, Act 643, Imd. Eff. Dec. 23, 2002
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Am. 2003, Act 234, Imd. Eff. Dec. 29, 2003
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Am. 2004, Act 48, Imd. Eff. Apr. 1, 2004
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Am. 2004, Act 214, Eff. Oct. 12, 2004
Compiler's Notes: Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
Popular Name: Act 368
© 2009 Legislative Council, State of Michigan
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