The bill amends the Public Health Code in Michigan by updating sections 16221 and 16226, which pertain to the investigation and disciplinary actions for health professionals. It mandates that the Department of Health investigate allegations of misconduct by licensees, registrants, or applicants for licensure, specifying grounds for disciplinary action such as negligence, incompetence, substance use disorder, and unethical practices. New provisions clarify the types of violations that can lead to disciplinary measures, including those related to the "protecting minors from chemical and surgical mutilation act." Additionally, the bill deletes a previous provision regarding violations effective from January 1, 2021, replacing it with a broader framework for assessing violations and determining sanctions.
The bill also outlines the sanctions that disciplinary subcommittees may impose, which can include probation, fines, or license revocation. It introduces a requirement for courts to provide reasons if they find a final decision unlawful and allows for remanding cases back to subcommittees. Fines can reach up to $250,000, with a minimum of $25,000 for violations resulting in patient death, and violators may be required to complete educational programs. Permanent revocation of a license is mandated for certain violations occurring in a professional capacity, but it cannot be imposed without evidence of a pattern of intentional fraud or deceit harming patients, except in specific cases. The enactment of this bill is contingent upon the passage of Senate Bill No. 289.
Statutes affected: Senate Introduced Bill: 333.16221, 333.16226