[MCL 333.16221]  [MCL 333.16226]  [MCL 333.17016]  [MCL 333.17516]

1995 Mi. HB 5889
1996 Mi. P.A. 273

88TH LEGISLATURE OF THE STATE OF MICHIGAN
1996 REGULAR SESSION
ENROLLED HOUSE BILL 5889
(Act 273, Public Acts of 1996)

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     AN ACT to amend sections 16221 and 16226 of Act No. 368 of the Public Acts of 1978, entitled as amended "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," section 16221 as amended by Act No. 196 of the Public Acts of 1995 and section 16226 as amended by Act No. 133 of the Public Acts of 1993, being sections 333.16221 and 333.16226 of the Michigan Compiled Laws; and to add sections 17016 and 17516.

The People of the State of Michigan enact:

Section 1. Sections 16221 and 16226 of Act No. 368 of the Public Acts of 1978, section 16221 as amended by Act No. 196 of the Public Acts of 1995 and section 16226 as amended by Act No. 133 of the Public Acts of 1993, being sections 333.16221 and 333.16226 of the Michigan Compiled Laws, are amended and sections 17016 and 17516 are added to read as follows:

Sec. 16221. The department may investigate activities related to the practice of a health profession by a licensee, a registrant, or an applicant for licensure or registration. The department may hold hearings, administer oaths, and order relevant testimony to be taken and shall report its findings to the appropriate disciplinary subcommittee. The disciplinary subcommittee shall proceed under section 16226 if it finds that 1 or more of the following grounds exist:

Sec. 16226. (1) After finding the existence of 1 or more of the grounds for disciplinary subcommittee action listed in section 16221, a disciplinary subcommittee shall impose 1 or more of the following sanctions for each violation:

Violations of Section 16221                                 Sanctions

Subdivision (a), (b)(ii), (b)(iv), (b)(vi), or (b)(vii)  Probation, limitation, denial, or suspension, revocation, restitution, community service, or fine.

Subdivision (b)(viii) Revocation or denial.

Subdivision (b)(i), (b)(iii), (b)(v), (b)(ix), (b)(x), or (b)(xi)  Limitation, suspension, revocation, denial, probation, restitution, community service, or fine.

Subdivision (c)(i)  Denial, revocation, suspension, probation, limitation, community service, or fine.

Subdivision (c)(ii)  Denial, suspension, revocation, restitution, community service, or fine.

Subdivision (c)(iii)  Probation, denial, suspension, revocation, restitution, community service, or fine.

Subdivision (c)(iv) or (d)(iii)  Fine, probation, denial, suspension, revocation, community service, or restitution.

Subdivision (d)(i) or (d)(ii)  Reprimand, fine, probation, community service, denial, or restitution.

Subdivision (e)(i) Reprimand, fine, probation, limitation, suspension, community service, denial, or restitution.

Subdivision (e)(ii) Reprimand, probation, or (h) suspension, restitution, community service, denial, or fine.

Subdivision (e)(iii) or (e)(iv)  Reprimand, fine, probation, suspension, revocation, limitation, community service, denial, or restitution.

Subdivision (f) Reprimand or fine.

Subdivision (g) Reprimand, probation, denial, suspension, revocation, limitation, restitution, community service, or fine.

Subdivision (i) Suspension or fine.

Subdivision (j) Reprimand or fine.

Subdivision (k) Reprimand, denial, or limitation.

Subdivision (l) Denial, revocation, restitution, probation, suspension, limitation, reprimand, or fine.

Subdivision (m) Revocation or denial.

(2) Determination of sanctions for violations under this section shall be made by a disciplinary subcommittee. If, during judicial review, the court of appeals determines that a final decision or order of a disciplinary subcommittee prejudices substantial rights of the petitioner for 1 or more of the grounds listed in section 106 of the administrative procedures act of 1969, being section 24.306 of Michigan Compiled Laws, and holds that the final decision or order is unlawful and is to be set aside, the court shall state on the record the reasons for the holding and may remand the case to the disciplinary subcommittee for further consideration.

(3) A disciplinary subcommittee may impose a fine of up to, but not exceeding, $ 250,000.00 for a violation of section 16221(a) or (b).

(4) A disciplinary subcommittee may require a licensee or registrant or an applicant for licensure or registration who has violated this article or article 7 or a rule promulgated under this article or article 7 to satisfactorily complete an educational program, a training program, or a treatment program, a mental, physical, or professional competence examination, or a combination of those programs and examinations.

Sec. 17016. (1) Except as otherwise provided in subsection (2), a physician or an individual performing an act, task, or function under the delegatory authority of a physician shall not perform a partial-birth abortion, even if the abortion is otherwise permitted by law.

(2) A physician or an individual described in subsection (1) may perform a partial-birth abortion if the physician or other individual reasonably believes that performing the partial-birth abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury and that no other medical procedure would accomplish that purpose.

(3) This section does not create a right to abortion.

(4) Notwithstanding any other provision of this section, a person shall not perform an abortion that is prohibited by law.

(5) As used in this section:

Sec. 17516. (1) Except as otherwise provided in subsection (2), a physician or an individual performing an act, task, or function under the delegatory authority of a physician shall not perform a partial-birth abortion, even if the abortion is otherwise permitted by law.

(2) A physician or an individual described in subsection (1) may perform a partial-birth abortion if the physician or other individual reasonably believes that performing the partial-birth abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury and that no other medical procedure will accomplish that purpose.

(3) This section does not create a right to abortion.

(4) Notwithstanding any other provision of this section, a person shall not perform an abortion that is prohibited by law.

(5) As used in this section:

Section 2. This amendatory act shall take effect October 1, 1996.


Signed by the Governor John Engler on June 14, 1996

Sponsored by: Rep. James R. Ryan

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