Michigan Laws 333.16226 – Sanctions; determination; judicial review; maximum and minimum fine for violation of MCL 333.16221(a) or (b); completion of program or examination; permanent revocation; finding; violation of MCL
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 333.16226
- Fraud: Intentional deception resulting in injury to another.
- Limitation: means an action by which a board imposes restrictions or conditions, or both, on a license. See Michigan Laws 333.16106
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Registration: means an authorization only for the use of a designated title which use would otherwise be prohibited under this article. See Michigan Laws 333.16108
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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)(i), | Probation, limitation, denial, |
| (b)(ii), (b)(iii), (b)(iv), | suspension, revocation, |
| (b)(v), (b)(vi), (b)(vii), | permanent revocation, |
| (b)(ix), (b)(x), (b)(xi), | restitution, or fine. |
| or (b)(xii) | |
| Subdivision (b)(viii) | Revocation, permanent revocation, |
| or denial. | |
| Subdivision (b)(xiii) | Permanent revocation |
| for a violation described in | |
| subsection (5); otherwise, | |
| probation, limitation, denial, | |
| suspension, revocation, | |
| restitution, or fine. | |
| Subdivision (b)(xiv) or (b)(xv) | Permanent revocation. |
| Subdivision (c)(i) | Denial, revocation, suspension, |
| probation, limitation, or fine. | |
| Subdivision (c)(ii) | Denial, suspension, revocation, |
| restitution, or fine. | |
| Subdivision (c)(iii) | Probation, denial, suspension, |
| revocation, restitution, or fine. | |
| Subdivision (c)(iv) | Fine, probation, denial, |
| or (d)(iii) | suspension, revocation, permanent |
| revocation, or restitution. | |
| Subdivision (d)(i) | Reprimand, fine, probation, |
| or (d)(ii) | denial, or restitution. |
| Subdivision (e)(i), | Reprimand, fine, probation, |
| (e)(iii), (e)(iv), (e)(v), | limitation, suspension, |
| (h), or (r) | revocation, permanent revocation, |
| denial, or restitution. | |
| Subdivision (e)(ii) | Reprimand, probation, suspension, |
| or (i) | revocation, permanent |
| revocation, restitution, | |
| denial, or fine. | |
| Subdivision (e)(vi), | Probation, suspension, revocation, |
| (e)(vii), or (e)(viii) | limitation, denial, |
| restitution, or fine. | |
| Subdivision (f) | Reprimand, denial, limitation, |
| probation, or fine. | |
| Subdivision (g) | Reprimand or fine. |
| Subdivision (j) | Suspension or fine. |
| Subdivision (k), (o), | Reprimand, probation, suspension, |
| or (q) | revocation, permanent revocation, |
| or fine. | |
| Subdivision (l) | Reprimand, denial, or |
| limitation. | |
| Subdivision (m) or (n) | Denial, revocation, restitution, |
| probation, suspension, | |
| limitation, reprimand, or fine. | |
| Subdivision (p) | Revocation. |
| Subdivision (s) | Revocation, permanent revocation, |
| fine, or restitution. | |
| Subdivision (t) | Denial, revocation, probation, |
| suspension, limitation, reprimand, | |
| or fine. | |
| Subdivision (u) or (w) | Probation, limitation, denial, |
| fine, suspension, revocation, or | |
| permanent revocation. | |
| Subdivision (v) | Denial, fine, reprimand, |
| probation, limitation, | |
| suspension, revocation, or | |
| permanent revocation. | |
| Subdivision (x) | Subject to subsection (7), |
| fine. | |
| Subdivision (y) | Fine. |
(2) Determination of sanctions for violations under this section must 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, MCL 24.306, 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 in an amount that does not exceed $250,000.00 for a violation of section 16221(a) or (b). A disciplinary subcommittee shall impose a fine of at least $25,000.00 if the violation of section 16221(a) or (b) results in the death of 1 or more patients.
(4) A disciplinary subcommittee may require a licensee or registrant or an applicant for licensure or registration who has violated this article, article 7, or article 8 or a rule promulgated under this article, article 7, or article 8 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.
(5) A disciplinary subcommittee shall impose the sanction of permanent revocation for a violation of section 16221(b)(xiii) if the violation occurred while the licensee or registrant was acting within the health profession for which the licensee or registrant was licensed or registered.
(6) Except as otherwise provided in subsection (5) and this subsection, a disciplinary subcommittee shall not impose the sanction of permanent revocation under this section without a finding that the licensee or registrant engaged in a pattern of intentional acts of fraud or deceit resulting in personal financial gain to the licensee or registrant and harm to the health of patients under the licensee’s or registrant’s care. This subsection does not apply if a disciplinary subcommittee finds that a licensee or registrant has violated section 16221(b)(xiv) or (b)(xv).
(7) A disciplinary subcommittee shall impose a fine of not more than $250.00 for each violation of section 16221(x).