Act No. 48

Public Acts of 2023

Approved by the Governor

June 29, 2023

Filed with the Secretary of State

June 29, 2023

EFFECTIVE DATE:  September 27, 2023

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Hope, Steckloff, Young, Rheingans, Rogers, Breen, Filler, Conlin, Outman, Glanville, Haadsma, Roth, Bezotte, Wozniak, Morgan, Byrnes, Miller, Hood, Dievendorf, Jaime Greene, Wilson, Wegela, O Neal, Neeley, Morse, McKinney, Hoskins, Tsernoglou and Aiyash

ENROLLED HOUSE BILL No. 4122

AN ACT to amend 1978 PA 368, entitled An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates, by amending section 16226 (MCL 333.16226), as amended by 2020 PA 233.

The People of the State of Michigan enact:

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,

(b)(v), (b)(vi), (b)(vii),

permanent revocation,

(b)(ix), (b)(x), (b)(xi),

restitution, or fine.

or (b)(xii)

Subdivision (b)(viii)

Revocation, permanent revocation,

or denial.

Subdivision (b)(xiii)

Permanent revocation

for a violation described in

subsection (5); otherwise,

probation, limitation, denial,

suspension, revocation,

restitution, or fine.

Subdivision (b)(xiv) or (b)(xv)

Permanent revocation.

Subdivision (c)(i)

Denial, revocation, suspension,

probation, limitation, or fine.

Subdivision (c)(ii)

Denial, suspension, revocation,

restitution, or fine.

Subdivision (c)(iii)

Probation, denial, suspension,

revocation, restitution, or fine.

Subdivision (c)(iv)

Fine, probation, denial,

or (d)(iii)

suspension, revocation, permanent

revocation, or restitution.

Subdivision (d)(i)

Reprimand, fine, probation,

or (d)(ii)

denial, or restitution.

Subdivision (e)(i),

Reprimand, fine, probation,

(e)(iii), (e)(iv), (e)(v),

limitation, suspension,

(h), or (s)

revocation, permanent revocation,

denial, or restitution.

Subdivision (e)(ii)

Reprimand, probation, suspension,

or (i)

revocation, permanent

revocation, restitution,

denial, or fine.

Subdivision (e)(vi),

Probation, suspension, revocation,

(e)(vii), or (e)(viii)

limitation, denial,

restitution, or fine.

Subdivision (f)

Reprimand, denial, limitation,

probation, or fine.

Subdivision (g)

Reprimand or fine.

Subdivision (j)

Suspension or fine.

Subdivision (k), (p),

Reprimand, probation, suspension,

or (r)

revocation, permanent revocation,

or fine.

Subdivision (l)

Reprimand, denial, or

limitation.

Subdivision (m) or (o)

Denial, revocation, restitution,

probation, suspension,

limitation, reprimand, or fine.

Subdivision (n)

Revocation or denial.

Subdivision (q)

Revocation.

Subdivision (t)

Revocation, permanent revocation,

fine, or restitution.

Subdivision (u)

Denial, revocation, probation,

suspension, limitation, reprimand,

or fine.

Subdivision (v) or (x)

Probation, limitation, denial,

fine, suspension, revocation, or

permanent revocation.

Subdivision (w)

Denial, fine, reprimand,

probation, limitation,

suspension, revocation, or

permanent revocation.

Subdivision (y)

Subject to subsection (7),

fine.

Subdivision (z)

Fine.

(2) Determination of sanctions for violations under this section must 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 the licensee or registrant was licensed or 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) or (b)(xv).

(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 takes effect 90 days after the date it is enacted into law.

 


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Enacting section 2. This amendatory act does not take effect unless House Bill No. 4121 of the 102nd Legislature is enacted into law.

This act is ordered to take immediate effect.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor

Compiler's note: House Bill No. 4121, referred to in enacting section 2, was filed with the Secretary of State June 29, 2023, and became 2023 PA 47, Eff. Sept. 27, 2023.