Section 333.16241 - Publishing list of names and addresses of disciplined individuals; distribution of compilation; report of disciplinary actions; report upon summary suspension of license; notice of
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.16241 Publishing list of names and addresses of disciplined individuals; distribution of compilation; report of disciplinary actions; report upon summary suspension of license; notice of revocation or suspension; reports.
Sec. 16241.
(1) After administrative disciplinary action is final, the department of commerce shall publish a list of the names and addresses of disciplined individuals. The department of commerce shall indicate on the list that a final administrative disciplinary action is subject to judicial review. The department of commerce shall report disciplinary action to the department of public health, the commissioner of insurance, the state and federal agencies responsible for fiscal administration of federal health care programs, and the appropriate professional association.
(2) Once each calendar year, the department of commerce shall transmit to the library of Michigan sufficient copies of a compilation of the lists required under subsection (1) for the immediately preceding 3 calendar years. The library of Michigan shall distribute the compilation to each depository library in the state. The department of commerce also shall transmit the compilation to each county clerk in the state once each calendar year.
(3) The department of public health shall report the disciplinary actions to appropriate licensed health facilities and agencies. The commissioner of insurance shall report the disciplinary actions received from the department of commerce to insurance carriers providing professional liability insurance.
(4) In case of a summary suspension of a license under section 16233(5), the department of commerce shall report the name and address of the individual whose license has been suspended to the department of public health, the commissioner of insurance, the state and federal agencies responsible for fiscal administration of federal health care programs, and the appropriate professional association.
(5) A licensee or registrant whose license or registration is revoked or suspended under this article shall give notice of the revocation or suspension to each patient who contacts the licensee or registrant for professional services during the term of the revocation or suspension. The notice required under this subsection may be given orally and shall be given at the time of contact.
(6) A licensee or registrant whose license or registration is revoked or is suspended for more than 60 days under this article shall notify in writing each patient or client to whom the licensee or registrant rendered professional services in the licensee's or registrant's private practice during the 120 days immediately preceding the date of the final order imposing the revocation or suspension and to each individual who is already scheduled for professional services during the first 120 days after the date of the final order imposing the revocation or suspension. The notice shall be on a form provided by the licensee's or registrant's board or task force and shall state, at a minimum, the name, address, and license or registration number of the licensee or registrant, the fact that his or her license or registration has been revoked or suspended, the effective date of the revocation or suspension, and the term of the revocation or suspension. Each board or task force shall develop a notice form that meets at least the minimum requirements of this subsection. The licensee or registrant shall send the notice to each patient or client to whom the licensee or registrant rendered professional services in the licensee's or registrant's private practice during the 120 days immediately preceding the date of the final order imposing the revocation or suspension within 30 days after the date of the final order imposing the revocation or suspension and shall simultaneously transmit a copy of the notice to the department. The licensee or registrant orally shall notify each individual who contacts the licensee or registrant for professional services during the first 120 days after the date of the final order imposing the revocation or suspension. The licensee or registrant shall also provide a copy of the notice within 10 days after the date of the final order imposing the revocation or suspension to his or her employer, if any, and to each hospital, if any, in which the licensee or registrant is admitted to practice.
(7) A licensee or registrant who is reprimanded, fined, placed on probation, or ordered to pay restitution under this article or an applicant whose application for licensure or registration is denied under this article shall notify his or her employer, if any, and each hospital, if any, in which he or she is admitted to practice, in the same manner as provided for notice of revocation or suspension to an employer or hospital under subsection (6), within 10 days after the date of the final order imposing the sanction.
(8) The department of commerce annually shall report to the legislature and to each board and task force on disciplinary actions taken under this article and article 7. The report shall contain, at a minimum, all of the following information:
(a) Investigations conducted, complaints issued, and settlements reached by the department of commerce, separated out by type of complaint and health profession.
(b) Investigations and complaints closed or dismissed.
(c) Actions taken by each disciplinary subcommittee, separated out by type of complaint, health profession, and final order issued.
(d) Recommendations by boards and task forces.
(e) The number of extensions and delays granted by the department that were in excess of the time limits required under this article for each phase of the disciplinary process, and the types of cases for which the extensions and delays were granted.
(9) Within 2 years after the effective date of the amendatory act that added this subsection, the department of commerce shall submit a public report to the legislature on the effectiveness of the amendatory act that added this subsection. The report shall include a review and evaluation of the disciplinary process and the reporting requirements of this article and article 17 and recommended administrative or statutory changes, if any.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 1993, Act 87, Eff. Apr. 1, 1994
Popular Name: Act 368