Michigan Laws 333.16211 – Individual historical record; creation; contents; review by department; retention of unsubstantiated allegations; removal; review of record by licensee or applicant
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(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 include a written allegation against the licensee or registrant that is substantiated after investigation.
Terms Used In Michigan Laws 333.16211
- Allegation: something that someone says happened.
- Board: as used in this part means each board created in this article and as used in any other part covering a specific health profession means the board created in that part. See Michigan Laws 333.16103
- Controlled substance: means that term as defined in section 7104. See Michigan Laws 333.16103
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a judgment entered by a court on a plea of guilty, guilty but mentally ill, or nolo contendere or on a jury verdict or court finding that a defendant is guilty or guilty but mentally ill. See Michigan Laws 333.16103
- Limitation: means an action by which a board imposes restrictions or conditions, or both, on a license. See Michigan Laws 333.16106
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
(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 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), a licensee, registrant, or applicant may review his or her individual historical record.