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Sec.
16211. (1) The department shall create and maintain a permanent historical
record for each licensee and registrant with respect to information and data
transmitted pursuant to law.
(2) The individual
historical record shall must include a written allegation against the
licensee or registrant that is substantiated after investigation.
(3) The individual
historical record may include other items concerning a licensee's or
registrant's record of practice that the appropriate board determines will
facilitate proper and periodic review, but only those items as designated by
rule.
(4) The Subject to section
16211a, the department shall promptly review the entire file of a
licensee or registrant, including all prior matters with respect to which no
action was taken at the time, with respect to whom there is received 1 or more
of the following:
(a) A notice of
revocation, suspension, or limitation of staff privileges or a change in
employment status due to disciplinary action by a licensed health facility.
(b) A written
allegation of a violation of this article, article 7, or a rule promulgated
under this article or article 7 that is substantiated after investigation.
(c) A notice of
disciplinary action by a health professional society.
(d) An adverse
malpractice settlement, award, or judgment.
(e) Written notice
of 1 or more of the following:
(i) A felony conviction.
(ii) A misdemeanor conviction punishable by
imprisonment for a
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maximum
term of 2 years.
(iii) A misdemeanor conviction, if the
misdemeanor involves the illegal delivery, possession, or use of alcohol or a
controlled substance.
(f) Notice that a
licensee or registrant is ineligible to participate as a provider in a
federally funded health insurance or health benefits program based upon the
licensee's or registrant's failure to meet the program's standards of
professional practice. A certified copy of the action or final order making the
licensee or registrant ineligible is sufficient notice for purposes of this
subdivision.
(g) A report or
notice under section 16222.
(h) Notice of a
disciplinary action by a licensure, registration, disciplinary, or specialty
certification board in another state.
(5) The department
shall retain written allegations that are unsubstantiated for 5 years, after
which the department shall remove the allegations from the file, if no further
allegations against the licensee or registrant have been received by the department
within the 5-year period.
(6) Except as
provided in section 16231(6), 16231(7), a licensee, registrant, or applicant may
review his or her the
individual historical record of the licensee,
registrant, or applicant.
Sec. 16211a. (1)
A licensee, a registrant, or an applicant for licensure or registration may
submit an application to the department to set aside a disciplinary record of
the licensee, registrant, or applicant that involves a final order arising from
a finding of the existence of 1 or more grounds for disciplinary
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subcommittee action under section 16221.
The application must be in a form and manner required by the department. The
department shall set aside a disciplinary record of a licensee, registrant, or
applicant if the licensee, registrant, or applicant demonstrates all of the
following to the department:
(a) The licensee, registrant, or applicant successfully completed the
terms of the final order.
(b) Not less than 7 years have passed since the licensee, registrant, or
applicant completed the terms of the final order.
(c) The final order did not result in the licensee, registrant, or
applicant surrendering the license or registration.
(d) The final order did not impose any of the following sanctions:
(i) Limitation.
(ii) Denial.
(iii) Suspension.
(iv) Revocation.
(v) Permanent
revocation.
(e) The licensee, registrant, or applicant establishes that the
licensee, registrant, or applicant has not been the subject of another final
order imposing sanctions under this article since the date of the final order
for the disciplinary record that the licensee, registrant, or applicant is
seeking to set aside.
(f) It is in the public interest to set aside the disciplinary record.
(2) If the department sets aside a disciplinary record under this
section for a licensee, registrant, or applicant, the department shall do both
of the following:
(a) Remove the disciplinary record from the department's
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public licensing and registration website
described in section 16216.
(b) Withdraw or void any report made by the department to the National
Practitioner Data Bank regarding the disciplinary record.
(3) A licensee, registrant, or applicant who has a disciplinary record
set aside under this section may represent that no disciplinary record exists
regarding the subject matter of the disciplinary record that was set aside.
(4) The department may charge a reasonable fee for the administrative
processing of setting aside a disciplinary record under this section that does
not exceed the costs incurred by the department in setting aside the
disciplinary record.
(5) A disciplinary record that is set
aside under this section is not subject to disclosure under the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246.
(6) The department may promulgate rules to implement this section.
Sec.
16216. (1) The chair of each board or task force shall appoint 1 or more
disciplinary subcommittees for that board or task force. A disciplinary
subcommittee for a board or task force shall must consist of 2 public members and 3 professional
members from the board or task force.
(2) A final
decision of a disciplinary subcommittee finding a violation of this article,
article 7, or article 8 requires a majority vote of the members appointed and
serving on the disciplinary subcommittee.
(3) A final
decision of a disciplinary subcommittee imposing a sanction under this article,
article 7, or article 8 or a final decision of a disciplinary subcommittee
other than a final decision
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described
in subsection (2) requires a majority vote of the members appointed and serving
on the disciplinary subcommittee with an affirmative vote by at least 1 public
member.
(4) The chair of a
board or task force shall appoint a public member of the disciplinary
subcommittee of that board or task force as the chairperson of that
disciplinary subcommittee. The chair of a board or task force shall not serve
as a member of the disciplinary subcommittee of that board or task force.
(5) The department
may review a final decision of a disciplinary subcommittee within 30 days after
the date of the disciplinary subcommittee's decision. If the department
determines that the action taken by a disciplinary subcommittee does not
protect the health, safety, and welfare of the public, the department, with the
approval of the board chair, may set aside the decision of the disciplinary
subcommittee and issue a different final action. The final action of the
department serves as the final action on the matter and is subject to judicial
review in the same manner as the final decision of the disciplinary
subcommittee.
(6) Beginning January 1, 2015, Except as otherwise provided in section 16211a, the
department shall include on its public licensing and registration website each
final decision that imposes disciplinary action against a licensee, including
the reason for and description of that disciplinary action.
Sec.
16221. Subject to section 16221b, the department shall investigate any
allegation that 1 or more of the grounds for disciplinary subcommittee action
under this section exist, and may investigate activities related to the
practice of a health profession by a licensee, a registrant, or an applicant
for licensure or registration. The department may hold hearings,
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administer
oaths, and order the taking of relevant testimony. After its investigation, the
department shall provide a copy of the administrative complaint to the
appropriate disciplinary subcommittee. The disciplinary subcommittee shall
proceed under section 16226 if it finds that 1 or more of the following grounds
exist:
(a) Except as
otherwise specifically provided in this section, a violation of general duty,
consisting of negligence or failure to exercise due care, including negligent
delegation to or supervision of employees or other individuals, whether or not
injury results, or any conduct, practice, or condition that impairs, or may
impair, the ability to safely and skillfully engage in the practice of the
health profession.
(b) Personal
disqualifications, consisting of 1 or more of the following:
(i) Incompetence.
(ii) Subject to sections 16165 to 16170a,
substance use disorder as that term is defined in section 100d of the mental
health code, 1974 PA 258, MCL 330.1100d.
(iii) Mental or physical inability reasonably
related to and adversely affecting the licensee's or registrant's ability to
practice in a safe and competent manner.
(iv) Declaration of mental incompetence by a
court of competent jurisdiction.
(v) Conviction of a misdemeanor punishable
by imprisonment for a maximum term of 2 years; conviction of a misdemeanor
involving the illegal delivery, possession, or use of a controlled substance;
or conviction of any felony other than a felony listed or described in another
subparagraph of this subdivision. A certified copy of
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the
court record is conclusive evidence of the conviction.
(vi) Lack of good moral character.
(vii) Conviction of a criminal offense under
section 520e or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520e and
750.520g. A certified copy of the court record is conclusive evidence of the
conviction.
(viii) Conviction of a violation of section
492a of the Michigan penal code, 1931 PA 328, MCL 750.492a. A certified copy of
the court record is conclusive evidence of the conviction.
(ix) Conviction of a misdemeanor or felony
involving fraud in obtaining or attempting to obtain fees related to the
practice of a health profession. A certified copy of the court record is
conclusive evidence of the conviction.
(x) Final adverse administrative action by a
licensure, registration, disciplinary, or certification board involving the
holder of, or an applicant for, a license or registration regulated by another
state or a territory of the United States, by the United States military, by
the federal government, or by another country. A certified copy of the record
of the board is conclusive evidence of the final action.
(xi) Conviction of a misdemeanor that is
reasonably related to or that adversely affects the licensee's or registrant's
ability to practice in a safe and competent manner. A certified copy of the
court record is conclusive evidence of the conviction.
(xii) Conviction of a violation of section 430
of the Michigan penal code, 1931 PA 328, MCL 750.430. A certified copy of the
court record is conclusive evidence of the conviction.
(xiii) Conviction of a criminal offense under
section 83, 84, 316, 317, 321, 520b, 520c, 520d, or 520f of the Michigan penal
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code,
1931 PA 328, MCL 750.83, 750.84, 750.316, 750.317, 750.321, 750.520b, 750.520c,
750.520d, and 750.520f. A certified copy of the court record is conclusive
evidence of the conviction.
(xiv) Conviction of a violation of section 136
or 136a of the Michigan penal code, 1931 PA 328, MCL 750.136 and 750.136a. A
certified copy of the court record is conclusive evidence of the conviction.
(xv) Conviction of a violation of section 90
of the Michigan penal code, 1931 PA 328, MCL 750.90, or a violation of a state
or federal crime that is substantially similar to the violation described in
this subparagraph. A certified copy of the court record is conclusive evidence
of the conviction.
(c) Prohibited
acts, consisting of 1 or more of the following:
(i) Fraud or deceit in obtaining or renewing
a license or registration.
(ii) Permitting a license or registration to
be used by an unauthorized person.
(iii) Practice outside the scope of a license.
(iv) Obtaining, possessing, or attempting to
obtain or possess a controlled substance or a drug as that term is defined in
section 7105 without lawful authority; or selling, prescribing, giving away, or
administering drugs for other than lawful diagnostic or therapeutic purposes.
(d) Except as
otherwise specifically provided in this section, unethical business practices,
consisting of 1 or more of the following:
(i) False or misleading advertising.
(ii) Dividing fees for referral of patients
or accepting kickbacks on medical or surgical services, appliances, or
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medications
purchased by or in on
behalf of patients.
(iii) Fraud or deceit in obtaining or
attempting to obtain third party third-party reimbursement.
(e) Except as
otherwise specifically provided in this section, unprofessional conduct,
consisting of 1 or more of the following:
(i) Misrepresentation to a consumer or
patient or in obtaining or attempting to obtain third
party third-party reimbursement in the
course of professional practice.
(ii) Betrayal of a professional confidence.
(iii) Promotion for personal gain of an
unnecessary drug, device, treatment, procedure, or service.
(iv) Either of the following:
(A) A requirement
by a licensee other than a physician or a registrant that an individual
purchase or secure a drug, device, treatment, procedure, or service from
another person, place, facility, or business in which the licensee or
registrant has a financial interest.
(B) A referral by a
physician for a designated health service that violates 42 USC 1395nn or a
regulation promulgated under that section. For purposes of this subdivision, 42
USC 1395nn and the regulations promulgated under that section as they exist on June
3, 2002 are incorporated by reference. A disciplinary subcommittee shall apply
42 USC 1395nn and the regulations promulgated under that section regardless of
the source of payment for the designated health service referred and rendered.
If 42 USC 1395nn or a regulation promulgated under that section is revised
after June 3, 2002, the department shall officially take notice of the
revision. Within 30 days after taking notice of the revision, the department
shall decide whether or not the revision pertains to referral by
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physicians
for designated health services and continues to protect the public from
inappropriate referrals by physicians. If the department decides that the
revision does both of those things, the department may promulgate rules to
incorporate the revision by reference. If the department does promulgate rules
to incorporate the revision by reference, the department shall not make any
changes to the revision. As used in this sub-subparagraph, "designated
health service" means that term as defined in 42 USC 1395nn and the
regulations promulgated under that section and "physician" means that
term as defined in sections 17001 and 17501.
(v) For a physician who makes referrals
under 42 USC 1395nn or a regulation promulgated under that section, refusing to
accept a reasonable proportion of patients eligible for Medicaid and refusing
to accept payment from Medicaid or Medicare as payment in full for a treatment,
procedure, or service for which the physician refers the individual and in
which the physician has a financial interest. A physician who owns all or part
of a facility in which the physician provides surgical services is not subject
to this subparagraph if a referred surgical procedure the physician performs in
the facility is not reimbursed at a minimum of the appropriate Medicaid or
Medicare outpatient fee schedule, including the combined technical and
professional components.
(vi) Any conduct by a licensee or registrant
with a patient while the licensee or registrant is acting within the health
profession for which the licensee or registrant is licensed or registered,
including conduct initiated by a patient or to which the patient consents, that
is sexual or may reasonably be interpreted as sexual, including, but not
limited to, sexual intercourse, kissing in a sexual manner, or touching of a
body part
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for
any purpose other than appropriate examination, treatment, or comfort.
(vii) Offering to provide practice-related
services, such as drugs, in exchange for sexual favors.
(viii) A violation of section 16655(4) by a
dental therapist.
(f) Failure to
notify under section 16222(3) or (4).
(g) Failure to
report a change of name or mailing address as required in section 16192.
(h) A violation, or
aiding or abetting in a violation, of this article or of a rule promulgated
under this article.
(i) Failure to
comply with a subpoena issued pursuant to this part, failure to respond to a
complaint issued under this article, article 7, or article 8, failure to appear
at a compliance conference or an administrative hearing, or failure to report
under section 16222(1) or 16223.
(j) Failure to pay
an installment of an assessment levied under the insurance code of 1956, 1956
PA 218, MCL 500.100 to 500.8302, within 60 days after notice by the appropriate
board.
(k) A violation of
section 17013 or 17513.
(l) Failure to meet 1 or more of the
requirements for licensure or registration under section 16174.
(m) A violation of
section 17015, 17015a, or 17515.
(n) Failure to
comply with section 9206(3).
(o) A violation of
section 5654 or 5655.
(p) A violation of
section 16274.
(q) A violation of
section 17020 or 17520.
(r) A violation of
the medical records access act, 2004 PA 47, MCL 333.26261 to 333.26271.
(s) A violation of
section 17764(2).
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(t) Failure to
comply with the terms of a practice agreement described in section 17047(2)(a)
or (b), 17547(2)(a) or (b), or 18047(2)(a) or (b).
(u) A violation of
section 7303a(2).
(v) A violation of
section 7303a(4) or (5).
(w) A violation of
section 7303b.
(x) A violation of
section 17754a.
(y) Beginning January 1, 2021, a A violation of section 24507 or 24509.
(z) A failure to complete a continuing education requirement of this
article or of a rule promulgated under this article.
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:
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Violations of Section 16221
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Sanctions
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Subdivision (a), (b)(i),
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Probation,
limitation, denial,
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(b)(ii), (b)(iii), (b)(iv),
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suspension,
revocation,
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(b)(v), (b)(vi), (b)(vii),
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permanent
revocation,
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(b)(ix), (b)(x), (b)(xi),
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restitution,
or fine.
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or (b)(xii)
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Subdivision (b)(viii)
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Revocation,
permanent revocation,
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or
denial.
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Subdivision (b)(xiii)
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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) or
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Permanent
revocation.
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(b)(xv)
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Subdivision (c)(i)
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Denial,
revocation, suspension,
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probation,
limitation, or fine.
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Subdivision (c)(ii)
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Denial,
suspension, revocation,
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restitution,
or fine.
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Subdivision (c)(iii)
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Probation,
denial, suspension,
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revocation,
restitution, or fine.
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Subdivision (c)(iv)
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Fine,
probation, denial,
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or (d)(iii)
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suspension,
revocation, permanent
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revocation,
or restitution.
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Subdivision (d)(i)
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Reprimand,
fine, probation,
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or (d)(ii)
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denial,
or restitution.
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Subdivision (e)(i),
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Reprimand,
fine, probation,
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(e)(iii), (e)(iv), (e)(v),
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limitation,
suspension,
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(h), or (r)
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revocation,
permanent revocation,
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denial,
or restitution.
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Subdivision (e)(ii)
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Reprimand,
probation, suspension,
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or (i)
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revocation,
permanent
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revocation,
restitution,
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denial,
or fine.
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Subdivision (e)(vi),
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Probation,
suspension, revocation,
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(e)(vii), or (e)(viii)
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limitation,
denial,
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restitution,
or fine.
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Subdivision (f)
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Reprimand,
denial, limitation,
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probation,
or fine.
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Subdivision (g)
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Reprimand
or fine.
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Subdivision (j)
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Suspension
or fine.
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Subdivision (k), (o),
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Reprimand,
probation, suspension,
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or (q)
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revocation,
permanent revocation,
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or
fine.
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Subdivision (l)
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Reprimand,
denial, or
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limitation.
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Subdivision (m) or (n)
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Denial,
revocation, restitution,
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probation,
suspension,
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limitation,
reprimand, or fine.
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Subdivision (p)
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Revocation.
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Subdivision (s)
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Revocation,
permanent revocation,
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fine,
or restitution.
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Subdivision (t)
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Denial,
revocation, probation,
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suspension,
limitation, reprimand,
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or
fine.
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Subdivision (u) or (w)
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Probation,
limitation, denial,
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fine,
suspension, revocation, or
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permanent
revocation.
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Subdivision (v)
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Denial,
fine, reprimand,
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probation,
limitation,
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suspension,
revocation, or
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permanent
revocation.
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Subdivision (x)
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Subject
to subsection (7),
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fine.
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Subdivision (y)
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Fine.
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Subdivision (z)
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Subject to subsection (8), fine.
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(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
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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
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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(x).
(8) A disciplinary subcommittee shall impose a fine of not more than the
following for a violation of section 16221(z):
(a) If the licensee or registrant failed to complete 25 hours or less of
continuing education, $250.00.
(b) If the licensee or registrant failed to compete more than 25 hours
of continuing education, $500.00.
Sec.
16231. (1) A person or governmental entity that believes that a violation of
this article, article 7, or article 8 or a rule promulgated under this article,
article 7, or article 8 exists may submit an allegation of that fact to the
department in writing.
(2) Subject to
subsection (3) and section 16221b, if the department determines after reviewing
an application or an allegation or a licensee's or registrant's file under
section 16211(4) that there is a reasonable basis to believe that a violation
of this article, article 7, or article 8 or a rule promulgated under this
article, article 7, or article 8 exists, 1 of the following applies:
(a) Unless
subdivision (b) applies, subject to subsection (10), with the authorization of
a panel of at least 3 board members that includes the chair and at least 2
other members of the appropriate board or task force designated by the chair,
the department shall investigate the alleged violation. Subject to subsection
(10), if the panel fails to grant or deny authorization
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within
7 days after the board or task force receives a request for authorization, the
department shall investigate. If the department believes that immediate
jeopardy exists, the director or his or her
designee shall authorize an investigation and notify the board chair of
that investigation within 2 business days.
(b) If it reviews
an allegation in writing under subsection (1) that concerns a licensee or
registrant whose record created under section 16211 includes 1 substantiated
allegation, or 2 or more written investigated allegations, from 2 or more
different individuals or entities, received in the preceding 4 years, the
department shall investigate the alleged violation. Authorization by a panel
described in subdivision (a) is not required for an investigation by the
department under this subdivision.
(3) If a person or
governmental entity submits a written allegation under subsection (1) more than
4 years after the date of the incident or activity that is the basis of the
alleged violation, the department may investigate the alleged violation in the manner
described in subsection (2)(a) or (b), as applicable, but is not required to
conduct an investigation under subsection (2)(a) or (b).
(4) If it receives
information reported under section 16243(2) that indicates 3 or more
malpractice settlements, awards, or judgments against a licensee in a period of
5 consecutive years or 1 or more malpractice settlements, awards, or judgments
against a licensee totaling more than $200,000.00 in a period of 5 consecutive
years, whether or not a judgment or award is stayed pending appeal, the
department shall investigate.
(5) At any time
during an investigation or following the issuance of a complaint, the
department may schedule a compliance
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conference
under section 92 of the administrative procedures act of 1969, MCL 24.292. The compliance conference may include the applicant,
licensee, registrant, or individual, the applicant's, licensee's, registrant's,
or individual's attorney, 1 member of the department's staff, and any other
individuals approved by the department. One member of the appropriate board or
task force who is not a member of the disciplinary subcommittee with
jurisdiction over the matter may attend the conference and provide any
assistance that is needed. At the compliance conference, the department shall
attempt to reach agreement. If an agreement is reached, the department shall
submit a written statement outlining the terms of the agreement, or a
stipulation and final order, if applicable, or a request for dismissal to the
appropriate disciplinary subcommittee for approval. If the agreement or
stipulation and final order or request for dismissal is rejected by the
disciplinary subcommittee, or if no agreement is reached, the department shall
schedule a hearing before an administrative law judge. A party shall not make a
transcript of the compliance conference. All records and documents of a
compliance conference held before a complaint is issued are subject to section
16238.
(6) Within 90 days
after an investigation is initiated under subsection (2), (3), or (4), the
department shall do 1 or more of the following:
(a) Issue a formal
complaint.
(b) Conduct a
compliance conference under subsection (5).
(c) Issue a summary
suspension.
(d) Issue a cease
and desist order.
(e) Dismiss the
allegation.
(f) Place Except as otherwise
provided in subdivision (g),
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place in the complaint file not more than 1
written extension of not more than 30 days to take action under this
subsection.
(g) Subject to section 16231b, place in the complaint file not more than
1 written extension of not more than 90 days to take action under this
subsection.
(7) Unless the
person submitting an allegation under subsection (1) otherwise agrees in
writing, the department shall keep the identity of a person that submitted the
allegation confidential until disciplinary proceedings under this part are
initiated against the subject of the allegation and the person that made the
allegation is required to testify in the proceedings.
(8) The department
shall serve a complaint under section 16192. The department shall include in
the complaint a notice that the applicant, licensee, registrant, or individual
who is the subject of the complaint has 30 days from the date of receipt to respond
in writing to the complaint.
(9) The department
shall treat the failure of an applicant, licensee, registrant, or individual to
respond to a complaint within the 30-day period set forth in subsection (8) as
an admission of the allegations contained in the complaint. The department shall
notify the appropriate disciplinary subcommittee of the individual's failure to
respond and shall forward a copy of the complaint to that disciplinary
subcommittee. The disciplinary subcommittee may then impose an appropriate
sanction under this article, article 7, or article 8.
(10) All of the
following apply for purposes of subsection (2)(a):
(a) If the chair of
the board or task force has a conflict of interest, he or she the chair shall
appoint another member of the
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board
or task force as his or her the chair's designee and shall not participate in the
panel's decision to grant or deny authorization to the department to
investigate an individual.
(b) A member of the
board or task force shall not participate in the panel's decision to grant or
deny authorization to the department to investigate an individual if that
member has a conflict of interest. If the chair of the board or task force is
notified that a member of the panel has a conflict of interest, the chair shall
remove him or her the
member from the panel and appoint another member of the board or task
force to serve on the panel.
(c) A member of the
board or task force who participates in or is requested to participate in the
panel's decision to grant or deny authorization to the department to
investigate an individual shall disclose to the department, to the chair of the
board or task force, and to the other member of the panel a potential conflict
of interest before those participants make that decision.
(11) As used in
subsection (10), "conflict of interest" means any of the following:
(a) Has a personal
or financial interest in the outcome of the investigation of or the imposition
of disciplinary sanctions on the licensee, registrant, or applicant for
licensure or registration.
(b) Had a past or
has a present business or professional relationship with the individual that
the department is investigating or requesting authorization to investigate.
(c) Has given
expert testimony in a medical malpractice action against or on behalf of the
individual that the department is seeking authorization to investigate.
(d) Any other
interest or relationship designated as a conflict of interest in a rule
promulgated or order issued under
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this
act.
Sec. 16231b. (1)
If, after initiating an investigation, the department has a reasonable basis to
believe that a licensee or registrant has failed to complete a continuing
education requirement prescribed in this article or in a rule promulgated under
this article, the department shall issue a letter to the licensee or
registrant. The letter must notify the licensee or registrant that the licensee
or registrant may be in violation of this article and provide the licensee or
registrant with a description of the continuing education requirement that the
department has a reasonable basis to believe the licensee or registrant failed
to complete.
(2) If, not later than 60 days after the letter described in subsection
(1) is issued, the licensee or registrant provides written proof to the
department demonstrating that the licensee or registrant has completed the
continuing education requirement identified in the letter, the department shall
dismiss the allegation under section 16231 regardless of whether the licensee
or registrant timely completed the continuing education requirement. If the
licensee or registrant fails to provide the written proof described in this
subsection, the department shall take action under section 16231(6).
(3) The department shall not credit a licensee's or registrant's
completion of continuing education under subsection (2) toward any renewal
cycle other than the renewal cycle that is the subject of the letter described
in subsection (1).
(4) The department shall not treat an act or failure to act of a
licensee or registrant under this section as an admission of the allegation
described in subsection (1).
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(5) A letter issued under this section is not considered discipline.
Sec. 16238. (1) Except as otherwise
provided in section 13(1)(u) (i) and (ii) 13(1)(t)(i) and (ii) of
the freedom of information act, Act No. 442 of the
Public Acts of 1976, being section 15.243 of the Michigan Compiled Laws, 1976 PA 442, MCL 15.243, the information including, but not limited
to, patient names, obtained in an investigation or a compliance conference
before a complaint is issued, is confidential and shall
must not be disclosed except to the
extent necessary for the proper functioning of a hearings examiner, a
disciplinary subcommittee, or the department.
(2) A compliance
conference conducted under this part before a complaint is issued shall be is closed
to the public.
Sec.
17033. (1) Notwithstanding the requirements of part 161, the board may require
a licensee physician
seeking renewal of a the physician's license to furnish the board with
satisfactory evidence that during the 3 years immediately preceding application
for renewal the licensee physician has attended continuing education courses
or programs approved by the board totaling not less than 150 hours 75 hours in
subjects related to the practice of medicine including, but not limited to,
medical ethics and designed to further educate licensees.
(2) As required
under section 16204, the board shall promulgate rules requiring each applicant
for license renewal to complete as part of the continuing education requirement
of subsection (1) an appropriate number of hours or courses in pain and symptom
management.
(3) By January 1, 2027, and every 5 years thereafter, the
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board shall review each subject related to
the practice of medicine that the board considers necessary to complete as part
of the continuing education requirements of subsection (1) to determine whether
the subject is still necessary to further educate licensees. The board shall
not require a licensee to complete a course or program on a subject that is not
required on the effective date of the amendatory act that added this subsection
unless 1 or more of the following are met:
(a) The course or program is necessary and justified by a public health
crisis or emergency declared in accordance with the laws of this state.
(b) The course or program is relevant across all specialty areas of
medical practice.
(c) The course or program addresses an urgent or trending issue that the
board determines materially affects the health, safety, and welfare of the
public.
Sec.
17533. (1) Notwithstanding the requirements of part 161, the board may require
a licensee physician
seeking renewal of a the physician's license to furnish the board with
satisfactory evidence that during the 3 years immediately preceding an
application for renewal the licensee physician has attended continuing education courses
or programs approved by the board and totaling not less than 150 hours 75 hours in
subjects related to the practice of osteopathic medicine and surgery and
designed to further educate licensees.
(2) As required
under section 16204, the board shall promulgate rules requiring each applicant
for license renewal to complete as part of the continuing education requirement
of subsection (1) an appropriate number of hours or courses in pain
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and
symptom management.
(3) By
January 1, 2027, and every 5 years thereafter, the board shall review each
subject related to the practice of osteopathic medicine and surgery that the
board considers necessary to complete as part of the continuing education
requirements of subsection (1) to determine whether the subject is still
necessary to further educate licensees. The board shall not require a licensee
to complete a course or program on a subject that is not required on the
effective date of the amendatory act that added this subsection unless 1 or
more of the following is met:
(a) The
course or program is necessary and justified by a public health crisis or
emergency declared in accordance with the laws of this state.
(b) The
course or program is relevant across all specialty areas of medical practice.
(c) The
course or program addresses an urgent or trending issue that the board
determines materially affects the health, safety, and welfare of the public.
