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Current as of January 01, 2025 | Updated by Findlaw Staff
Sec. 16226. (1) After finding the existence of 1 or more of the grounds for disciplinary subcommittee action listed in section 16221, 1 a disciplinary subcommittee shall impose 1 or more of the following sanctions for each violation:
|
Violations of Section 16221 |
Sanctions |
|---|---|
|
Subdivision (a), (b)(i), (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), (b)(vii), (b)(ix), (b)(x), (b)(xi), or (b)(xii) |
Probation, limitation, denial, suspension, revocation, permanent revocation, restitution, or fine. |
|
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) or (d)(iii) |
Fine, probation, denial, suspension, revocation, permanent revocation, or restitution. |
|
Subdivision (d)(i) or (d)(ii) |
Reprimand, fine, probation, denial, or restitution. |
|
Subdivision (e)(i), (e)(iii), (e)(iv), (e)(v), (h), or (r) |
Reprimand, fine, probation, limitation, suspension, revocation, permanent revocation, denial, or restitution. |
|
Subdivision (e)(ii) or (i) |
Reprimand, probation, suspension, revocation, permanent revocation, restitution, denial, or fine. |
|
Subdivision (e)(vi), (e)(vii), or (e)(viii) |
Probation, suspension, revocation, 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), or (q) |
Reprimand, probation, suspension, 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, 2 or article 8 3 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).
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 333. Health § 333.16226 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-333-health/mi-comp-laws-333-16226/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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