PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
***** 333.16216 THIS SECTION IS AMENDED EFFECTIVE MARCH 30, 2015: See 333.16216.amended *****
333.16216 Disciplinary subcommittee for board or task force; members; voting; chairperson; final decision of disciplinary subcommittee; set aside by department; issuance of different final action; inclusion of final decision on website.
(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 consist of 2 public members and 3 professional members from the board or task force. The chair of a board or task force shall not serve as a member of a disciplinary subcommittee.
(2) A final decision of the disciplinary subcommittee finding a violation of this article, article 7, or article 8 shall be by a majority vote of the members appointed and serving on the disciplinary subcommittee.
(3) A final decision of the disciplinary subcommittee imposing a sanction under this article, article 7, or article 8 or a final decision of the disciplinary subcommittee other than a final decision 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 chairperson of each disciplinary subcommittee shall be a public member and shall be appointed by the chair of the board or task force.
(5) The department may review a final decision of the disciplinary subcommittee within 30 days after the date of the disciplinary subcommittee's decision. If the department determines that the action taken by the 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 shall serve 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, the department shall include on its public licensing and registration website each final decision where disciplinary action is taken against a licensee, including the reason for and description of that disciplinary action.
History: Add. 1993, Act 87, Eff. Apr. 1, 1994
Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013
Am. 2014, Act 98, Eff. July 1, 2014
Compiler's Notes: Former MCL 333.16216, which pertained to disciplinary subcommittee for board or task force, was repealed by Act 87 of 1993, Eff. Apr. 1, 1994.
Popular Name: Act 368
© 2009 Legislative Council, State of Michigan