HOUSE BILL NO. 4926

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16211, 16216, and 16238 (MCL 333.16211, 333.16216, and 333.16238), section 16211 as amended and section 16238 as added by 1993 PA 79 and section 16216 as amended by 2014 PA 413, and by adding section 16211a.

the people of the state of michigan enact:

Sec. 16211. (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 must 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 Subject to section 16211a, 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), 16231(7), a licensee, registrant, or applicant may review his or her the individual historical record of the licensee, registrant, or applicant.

Sec. 16211a. (1) Beginning January 1, 2027, a licensee, registrant, or applicant may submit an application to the department to set aside a disciplinary record of the licensee, registrant, or applicant. The application must be in a form and manner required by the department. The department shall set aside a disciplinary record of a licensee, registrant, or applicant if the licensee, registrant, or applicant demonstrates both of the following to the department:

(a) The disciplinary record that the licensee, registrant, or applicant is seeking to set aside involves a violation that was a failure to complete continuing education required for the renewal of the license or registration held by the licensee, registrant, or applicant.

(b) The licensee, registrant, or applicant demonstrates to the satisfaction of the department that the licensee, registrant, or applicant has since successfully completed the continuing education requirement that was the subject of the disciplinary record.

(2) If the department sets aside a disciplinary record under this section for a licensee, registrant, or applicant, the department shall remove the disciplinary record from the department's public licensing and registration website described in section 16216, and the licensee, registrant, or applicant may represent that no disciplinary record exists regarding the subject matter of the disciplinary record that was set aside.

Sec. 16216. (1) The chair of each board or task force shall appoint 1 or more disciplinary subcommittees for that board or task force. A disciplinary subcommittee for a board or task force shall must consist of 2 public members and 3 professional members from the board or task force.

(2) A final decision of a disciplinary subcommittee finding a violation of this article, article 7, or article 8 requires a majority vote of the members appointed and serving on the disciplinary subcommittee.

(3) A final decision of a disciplinary subcommittee imposing a sanction under this article, article 7, or article 8 or a final decision of a disciplinary subcommittee other than a final decision described in subsection (2) requires a majority vote of the members appointed and serving on the disciplinary subcommittee with an affirmative vote by at least 1 public member.

(4) The chair of a board or task force shall appoint a public member of the disciplinary subcommittee of that board or task force as the chairperson of that disciplinary subcommittee. The chair of a board or task force shall not serve as a member of the disciplinary subcommittee of that board or task force.

(5) The department may review a final decision of a disciplinary subcommittee within 30 days after the date of the disciplinary subcommittee's decision. If the department determines that the action taken by a disciplinary subcommittee does not protect the health, safety, and welfare of the public, the department, with the approval of the board chair, may set aside the decision of the disciplinary subcommittee and issue a different final action. The final action of the department serves as the final action on the matter and is subject to judicial review in the same manner as the final decision of the disciplinary subcommittee.

(6) Beginning January 1, 2015, Except as otherwise provided in section 16211a, the department shall include on its public licensing and registration website each final decision that imposes disciplinary action against a licensee, including the reason for and description of that disciplinary action.

Sec. 16238. (1) Except as otherwise provided in section 13(1)(u) (i) and (ii) 13(1)(t)(i) and (ii) of the freedom of information act, Act No. 442 of the Public Acts of 1976, being section 15.243 of the Michigan Compiled Laws, 1976 PA 442, MCL 15.243, the information including, but not limited to, patient names, obtained in an investigation or a compliance conference before a complaint is issued, is confidential and shall must not be disclosed except to the extent necessary for the proper functioning of a hearings examiner, a disciplinary subcommittee, or the department.

(2) A compliance conference conducted under this part before a complaint is issued shall be is closed to the public.

(3) A disciplinary record that is set aside under section 16211a is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.