March 8, 2011, Introduced by Senator JONES and referred to the Committee on Judiciary.
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 permanent revocation. |
|
12 |
Subdivision (c)(i) |
Denial, revocation, suspension, |
|
13 |
|
probation, limitation, community |
|
14 |
|
service, or fine. |
|
15 |
Subdivision (c)(ii) |
Denial, suspension, revocation, |
|
16 |
|
restitution, community service, |
|
17 |
|
or fine. |
|
18 |
Subdivision (c)(iii) |
Probation, denial, suspension, |
|
19 |
|
revocation, restitution, |
|
20 |
|
community service, or fine. |
|
21 |
Subdivision (c)(iv) |
Fine, probation, denial, |
|
22 |
or (d)(iii) |
suspension, revocation, community |
|
23 |
|
service, or restitution. |
|
24 |
Subdivision (d)(i) |
Reprimand, fine, probation, |
|
25 |
or (d)(ii) |
community service, denial, |
|
26 |
|
or restitution. |
|
27 |
Subdivision (e)(i) |
Reprimand, fine, probation, |
|
28 |
|
limitation, suspension, community |
|
29 |
|
service, denial, or restitution. |
|
30 |
Subdivision (e)(ii) |
Reprimand, probation, |
|
31 |
or (i) |
suspension, restitution, |
|
1 |
|
community service, denial, or |
|
2 |
|
fine. |
|
3 |
Subdivision (e)(iii), |
Reprimand, fine, probation, |
|
4 |
(e)(iv), or (e)(v) |
suspension, revocation, |
|
5 |
|
limitation, community service, |
|
6 |
|
denial, or restitution. |
|
7 |
Subdivision (g) |
Reprimand or fine. |
|
8 |
Subdivision (h) or |
Reprimand, probation, denial, |
|
9 |
(s) |
suspension, revocation, |
|
10 |
|
limitation, restitution, |
|
11 |
|
community service, or fine. |
|
12 |
Subdivision (j) |
Suspension or fine. |
|
13 |
Subdivision (k), (p), or (r) |
Reprimand or fine. |
|
14 |
Subdivision (l) |
Reprimand, denial, or |
|
15 |
|
limitation. |
|
16 |
Subdivision (m) or |
Denial, revocation, restitution, |
|
17 |
(o) |
probation, suspension, |
|
18 |
|
limitation, reprimand, or fine. |
|
19 |
Subdivision (n) |
Revocation or denial. |
|
20 |
Subdivision (q) |
Revocation. |
|
21 |
Subdivision (t) |
Revocation, fine, and |
|
22 |
|
restitution. |
23 (2) Determination of sanctions for violations under this
24 section shall be made by a disciplinary subcommittee. If, during
25 judicial review, the court of appeals determines that a final
26 decision or order of a disciplinary subcommittee prejudices
27 substantial rights of the petitioner for 1 or more of the grounds
28 listed in section 106 of the administrative procedures act of
29 1969, 1969 PA 306, MCL 24.306, and holds that the final decision
1 or order is unlawful and is to be set aside, the court shall
2 state on the record the reasons for the holding and may remand
3 the case to the disciplinary subcommittee for further
4 consideration.
5 (3) A disciplinary subcommittee may impose a fine of up to,
6 but not exceeding, $250,000.00 for a violation of section
7 16221(a) or (b).
8 (4) A disciplinary subcommittee may require a licensee or
9 registrant or an applicant for licensure or registration who has
10 violated this article or article 7 or a rule promulgated under
11 this article or article 7 to satisfactorily complete an
12 educational program, a training program, or a treatment program,
13 a mental, physical, or professional competence examination, or a
14 combination of those programs and examinations.
15 Enacting section 1. This amendatory act does not take effect
16 unless all of the following bills of the 96th Legislature are
17 enacted into law:
18 (a) Senate Bill No. 235.
19
20 (b) Senate Bill No. 236.
21