PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.16211 Individual historical record; creation; contents; review by department; retention of unsubstantiated allegations; removal; review of record by licensee or applicant.
(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 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 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 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), a licensee, registrant, or applicant may review his or her individual historical record.
History: 1978, Act 368, Eff. Sept. 30, 1978
Am. 1986, Act 174, Imd. Eff. July 7, 1986
Am. 1993, Act 79, Eff. Apr. 1, 1994
Compiler's Notes: Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
Popular Name: Act 368
© 2009 Legislative Council, State of Michigan