Bill Text: MI HB4412 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Health; occupations; conviction of first, second, or third degree criminal sexual conduct while acting within scope of practice; revise sanction disciplinary subcommittee must impose and include permanent revocation. Amends sec. 16226 of 1978 PA 368 (MCL 333.16226). TIE BAR WITH: HB 4411'11, SB 0235'11
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2011-11-29 - Assigned Pa 224'11 With Immediate Effect [HB4412 Detail]
Download: Michigan-2011-HB4412-Chaptered.html
Act No. 224
Public Acts of 2011
Approved by the Governor
November 15, 2011
Filed with the Secretary of State
November 15, 2011
EFFECTIVE DATE: November 15, 2011
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2011
Introduced by Reps. Huuki, Liss, Haines, Durhal, Barnett and Haugh
ENROLLED HOUSE BILL No. 4412
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 2004 PA 214.
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)(ii), (b)(iv), (b)(vi), or (b)(vii) Probation, limitation, denial, suspension, revocation, restitution, community service, or fine.
Subdivision (b)(viii) Revocation or denial.
Subdivision (b)(i), (b)(iii), (b)(v), Limitation, suspension, revocation, denial, (b)(ix), (b)(x), (b)(xi), or (b)(xii) probation, restitution, community service, or fine.
Subdivision (b)(xiii) Probation, limitation, denial, suspension, revocation, restitution, community service, fine, or, subject to subsection (5), permanent revocation.
Subdivision (c)(i) Denial, revocation, suspension, probation, limitation, community service, or fine.
Subdivision (c)(ii) Denial, suspension, revocation, restitution, community service, or fine.
Subdivision (c)(iii) Probation, denial, suspension, revocation, restitution, community service, or fine.
Subdivision (c)(iv) or (d)(iii) Fine, probation, denial, suspension, revocation, community service, or restitution.
Subdivision (d)(i) or (d)(ii) Reprimand, fine, probation, community service, denial, or restitution.
Subdivision (e)(i) Reprimand, fine, probation, limitation, suspension, community service, denial, or restitution.
Subdivision (e)(ii) or (i) Reprimand, probation, suspension, restitution, community service, denial, or fine.
Subdivision (e)(iii), (e)(iv), or (e)(v) Reprimand, fine, probation, suspension, revocation, limitation, community service, denial, or restitution.
Subdivision (g) Reprimand or fine.
Subdivision (h) or (s) Reprimand, probation, denial, suspension, revocation, limitation, restitution, community service, or fine.
Subdivision (j) Suspension or fine.
Subdivision (k), (p), or (r) Reprimand 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, fine, and 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.
(5) A disciplinary subcommittee shall not impose the sanction of permanent revocation for a violation of section 16221(b)(xiii) unless the violation occurred while the licensee or registrant was acting within the health profession for which he or she was licensed or registered.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:
(a) Senate Bill No. 235.
(b) House Bill No. 4411.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
