HOUSE BILL NO. 4918

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending section 555 (MCL 339.555), as added by 1989 PA 261.

the people of the state of michigan enact:

Sec. 555. (1) A respondent shall have has 30 days in which to notify the department in writing that the person accepts the conditions set forth described in the citation or that the person does not admit to the violation cited.alleged in the citation.

(2) If the respondent accepts the conditions set forth described in the a citation under subsection (1), the respondent, within not more than 30 days after receiving the citation, shall sign the citation and return it the citation to the department along with any fine or other material the respondent is required to be submitted by submit under the terms of the citation. The department shall place the citation and accompanying material shall be placed in the person's records with the department, indicating and include in those records the nature of the violation and that the person accepted the conditions imposed. A citation issued under this section shall have has the same force and effect as a final order issued by a board and may be disclosed to the public. If no further Subject to subsections (4) and (5), if the department does not take any additional disciplinary actions are placed upon against the person's record person within 5 calendar years after the citation is issued, the department shall remove the citation and accompanying material from the person's records. If a requested by the respondent, so chooses, the department shall place a 1-page explanation prepared by the respondent shall be placed in the department's files and shall be disclosed disclose the explanation each time the department discloses the issuance of the citation. is disclosed.

(3) If the respondent does not admit to the violation cited, alleged in a citation, the person may so state that the person does not admit to the violation on the citation and return 1 copy to the department within the not more than 30 days after the receipt of respondent receives the citation. Upon receiving Once the department receives a copy of the citation not admitting to the violation, the process initiated by section 508 of the act shall be is invoked, with the citation serving as the formal complaint.

(4) Beginning on January 1, 2026, a citation for the failure to complete continuing education and any accompanying materials to that citation are automatically removed from a person's record 3 years after the citation was issued.

(5) Beginning on January 1, 2026, the department shall remove a citation for the failure to complete continuing education and any accompanying materials to that citation from a person's record if the person that received the citation provides proof to the department that the person has completed the continuing education requirements.

(6) A person that has a citation removed from the person's record under subsection (4) or (5) may represent that no citation exists regarding the subject matter of the citation that has been removed.