HB-5614, As Passed House, December 15,

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5614

(As amended, December 3, 2010)

<<A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16231 and 16233 (MCL 333.16231 and 333.16233),

section 16231 as amended by 1993 PA 79 and section 16233 as amended

by 1995 PA 196, and by adding sections 9122 and 17819; and to repeal

acts and parts of acts.>>

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9122. (1) An individual who is at least 17 years of age

may donate blood in a voluntary and noncompensatory blood program

without obtaining his or her parent's or legal guardian's

permission or authorization.

     (2) An individual who is at least 16 but less than 17 years of

age may donate blood in a voluntary and noncompensatory blood

program with his or her parent's or legal guardian's permission or

House Bill No. 5614 as amended December 1, 2010

as amended December 15, 2010

authorization.

<<[ ]>>

     Sec. 16231. (1) A person or governmental entity who believes

that a violation of this article or article 7 or a rule promulgated

under this article or article 7 exists may make an allegation of

that fact to the department in writing.

     (2) If, upon reviewing an application or an allegation or a

licensee's file under section 16211(4), the department determines

there is a reasonable basis to believe the existence of a violation

of this article or article 7 or a rule promulgated under this

article or article 7, the department, with the authorization of the

chair of the applicant's, licensee's, or registrant's appropriate

board or task force or his or her designee, shall investigate. If

the chair or his or her designee fails to grant or deny

authorization within 7 days after receipt of a request for

authorization, the department shall investigate.

     (3) Upon the receipt of information reported pursuant to

section 16243(2) that indicates 3 or more malpractice settlements,

awards, or judgments against a licensee in a period of 5

consecutive years or 1 or more malpractice settlements, awards, or

judgments against a licensee totaling more than $200,000.00 in a

period of 5 consecutive years, whether or not a judgment or award

is stayed pending appeal, the department shall investigate.

     (4) At any time during an investigation or following the

issuance of a complaint, the department may schedule a compliance

conference pursuant to section 92 of the administrative procedures

act of 1969, being section MCL 24.292. of the Michigan Compiled

Laws. The conference may include the applicant, licensee, or

registrant, or individual, the applicant's, licensee's, or

registrant's, or individual's attorney, 1 member of the

department's staff, and any other individuals approved by the

department. One member of the appropriate board or task force who

is not a member of the disciplinary subcommittee with jurisdiction

over the matter may attend the conference and provide such

assistance as needed. At the compliance conference, the department

shall attempt to reach agreement. If an agreement is reached, the

department shall submit a written statement outlining the terms of

the agreement, or a stipulation and final order, if applicable, or

a request for dismissal to the appropriate disciplinary

subcommittee for approval. If the agreement or stipulation and

final order or request for dismissal is rejected by the

disciplinary subcommittee, or if no agreement is reached, a hearing

before a hearings examiner shall be scheduled. A party shall not

make a transcript of the compliance conference. All records and

documents of a compliance conference held before a complaint is

issued are subject to section 16238.

     (5) Within 90 days after an investigation is initiated under

subsection (2) or (3), the department shall do 1 or more of the

following:

     (a) Issue a formal complaint.

     (b) Conduct a compliance conference under subsection (4).

     (c) Issue a summary suspension.

     (d) Issue a cease and desist order.

     (e) Dismiss the complaint.

     (f) Place in the complaint file not more than 1 written

extension of not more than 30 days to take action under this

subsection.

     (6) Unless the person submitting the allegation under

subsection (1) otherwise agrees in writing, the department shall

keep the identity of a person submitting the allegation

confidential until disciplinary proceedings under this part are

initiated against the subject of the allegation and the person

making the allegation is required to testify in the proceedings.

     (7) The department shall serve a complaint pursuant to section

16192. The department shall include in the complaint a notice that

the applicant, licensee, or registrant, or individual who is the

subject of the complaint has 30 days from the date of receipt to

respond in writing to the complaint.

     (8) The department shall treat the failure of the applicant,

licensee, or registrant, or individual to respond to the complaint

within the 30-day period set forth in subsection (7) as an

admission of the allegations contained in the complaint. The

department shall notify the appropriate disciplinary subcommittee

of the individual's failure to respond and shall forward a copy of

the complaint to that disciplinary subcommittee. The disciplinary

subcommittee may then impose an appropriate sanction under this

article or article 7.

     Sec. 16233. (1) The department may conduct an investigation

necessary to administer and enforce this article. Investigations

may include written, oral, or practical tests of a licensee's or

registrant's competency. The department may establish a special

paralegal unit to assist the department.

     (2) The department may order an individual to cease and desist

from a violation of this article or article 7 or a rule promulgated

under this article or article 7.

     (3) An individual ordered to cease and desist under subsection

(2) is entitled to a hearing before a hearings examiner if the

individual files a written request for a hearing within 30 days

after the effective date of the cease and desist order. The

department shall subsequently present the notice, if any, of the

applicant's, licensee's, or registrant's individual's failure to

respond to a complaint, or attend or be represented at a hearing as

described in sections 16231 and 16231a, or the recommended findings

of fact and conclusions of law to the appropriate disciplinary

subcommittee to determine whether the order is to remain in effect

or be dissolved.

     (4) Upon a violation of a cease and desist order issued under

subsection (2), the department of attorney general may apply in the

circuit court to restrain and enjoin, temporarily or permanently,

an individual from further violating the cease and desist order.

     (5) After consultation with the chair of the appropriate board

or task force or his or her designee, the department may summarily

suspend a license or registration if the public health, safety, or

welfare requires emergency action in accordance with section 92 of

the administrative procedures act of 1969, being section MCL

24.292. of the Michigan Compiled Laws. If a licensee or registrant

is convicted of a felony; a misdemeanor punishable by imprisonment

for a maximum term of 2 years; or a misdemeanor involving the

illegal delivery, possession, or use of a controlled substance, the

House Bill No. 5614 as amended December 1 and 3, 2010

department shall find that the public health, safety, or welfare

requires emergency action and, in accordance with section 92 of the

administrative procedures act of 1969, MCL 24.292, shall summarily

suspend the licensee's license or the registrant's registration. If

a licensee or registrant is convicted of a misdemeanor involving

the illegal delivery, possession, or use of alcohol that adversely

affects the licensee's ability to practice in a safe and competent

manner, the department may find that the public health, safety, or

welfare requires emergency action and, in accordance with section

92 of the administrative procedures act of 1969, MCL 24.292, may

summarily suspend the licensee's license or the registrant's

registration.

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     Sec. 17819. This part does not prohibit an individual licensed, registered, or otherwise authorized to engage in a health profession under any other part or any other act from performing activities that

are considered the practice of physical therapy or the practice as a physical therapist assistant so long as those activities are within

the individual's scope of practice and the individual does not use the words, titles, or letters protected under section 17820.>>

     Enacting section 1. 1971 PA 22, MCL 722.41, is repealed.