Bill Text: MI HB4412 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
HB-4412, As Passed House, May 17, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4412
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16226 (MCL 333.16226), as amended by 2004 PA
214.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 16226. (1) After finding the existence of 1 or more of
2 the grounds for disciplinary subcommittee action listed in
3 section 16221, a disciplinary subcommittee shall impose 1 or more
4 of the following sanctions for each violation:
5 Violations of Section 16221 Sanctions
6 Subdivision (a), (b)(ii), Probation, limitation, denial,
7 (b)(iv), (b)(vi), or suspension, revocation,
8 (b)(vii) restitution, community service,
1 or fine.
2 Subdivision Revocation or denial.
3 (b)(viii)
4 Subdivision (b)(i), Limitation, suspension,
5 (b)(iii), (b)(v), revocation, denial,
6 (b)(ix), (b)(x), probation, restitution,
7 (b)(xi), or (b)(xii) community service, or fine.
8 Subdivision (b)(xiii) Probation, limitation, denial,
9 suspension, revocation,
10 restitution, community service,
11 fine, or, subject to subsection
12 (5), permanent revocation.
13 Subdivision (c)(i) Denial, revocation, suspension,
14 probation, limitation, community
15 service, or fine.
16 Subdivision (c)(ii) Denial, suspension, revocation,
17 restitution, community service,
18 or fine.
19 Subdivision (c)(iii) Probation, denial, suspension,
20 revocation, restitution,
21 community service, or fine.
22 Subdivision (c)(iv) Fine, probation, denial,
23 or (d)(iii) suspension, revocation, community
24 service, or restitution.
25 Subdivision (d)(i) Reprimand, fine, probation,
26 or (d)(ii) community service, denial,
27 or restitution.
28 Subdivision (e)(i) Reprimand, fine, probation,
29 limitation, suspension, community
30 service, denial, or restitution.
31 Subdivision (e)(ii) Reprimand, probation,
1 or (i) suspension, restitution,
2 community service, denial, or
3 fine.
4 Subdivision (e)(iii), Reprimand, fine, probation,
5 (e)(iv), or (e)(v) suspension, revocation,
6 limitation, community service,
7 denial, or restitution.
8 Subdivision (g) Reprimand or fine.
9 Subdivision (h) or Reprimand, probation, denial,
10 (s) suspension, revocation,
11 limitation, restitution,
12 community service, or fine.
13 Subdivision (j) Suspension or fine.
14 Subdivision (k), (p), or (r) Reprimand or fine.
15 Subdivision (l) Reprimand, denial, or
16 limitation.
17 Subdivision (m) or Denial, revocation, restitution,
18 (o) probation, suspension,
19 limitation, reprimand, or fine.
20 Subdivision (n) Revocation or denial.
21 Subdivision (q) Revocation.
22 Subdivision (t) Revocation, fine, and
23 restitution.
24 (2) Determination of sanctions for violations under this
25 section shall be made by a disciplinary subcommittee. If, during
26 judicial review, the court of appeals determines that a final
27 decision or order of a disciplinary subcommittee prejudices
28 substantial rights of the petitioner for 1 or more of the grounds
29 listed in section 106 of the administrative procedures act of
1 1969, 1969 PA 306, MCL 24.306, and holds that the final decision
2 or order is unlawful and is to be set aside, the court shall
3 state on the record the reasons for the holding and may remand
4 the case to the disciplinary subcommittee for further
5 consideration.
6 (3) A disciplinary subcommittee may impose a fine of up to,
7 but not exceeding, $250,000.00 for a violation of section
8 16221(a) or (b).
9 (4) A disciplinary subcommittee may require a licensee or
10 registrant or an applicant for licensure or registration who has
11 violated this article or article 7 or a rule promulgated under
12 this article or article 7 to satisfactorily complete an
13 educational program, a training program, or a treatment program,
14 a mental, physical, or professional competence examination, or a
15 combination of those programs and examinations.
16 (5) A disciplinary subcommittee shall not impose the
17 sanction of permanent revocation for a violation of section
18 16221(b)(xiii) unless the violation occurred while the licensee or
19 registrant was acting within the health profession for which he
20 or she was licensed or registered.
21 Enacting section 1. This amendatory act does not take effect
22 unless all of the following bills of the 96th Legislature are
23 enacted into law:
24 (a) House Bill No. 4411.
25 (b) House Bill No. 4413.
