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SENATE BILL NO. 1055
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16174a and 16241 (MCL 333.16174a and
333.16241), section 16174a as added by 2018 PA 453 and section
16241 as amended by 2014 PA 280.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16174a. (1) The department shall establish a procedure 1
that allows an individual to obtain a preliminary determination 2
from the department concerning whether any court judgments against 3
June 23, 2026, Introduced by Senators MCBROOM, GEISS, CHANG, SANTANA,
MCMORROW, DAMOOSE, BAYER and HUIZENGA and referred to Committee on
Regulatory Affairs.
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him or her the individual would likely result in a denial of a 1
license or registration for failing to meet the good moral 2
character requirement for that license or registration. 3
(2) All of the following apply for purposes of subsection (1): 4
(a) To obtain a preliminary determination under this section, 5
an individual must file a request that meets all of the following: 6
(i) Is submitted on a form provided by the department. 7
(ii) Identifies the license or registration for which he or she 8
the individual may apply. 9
(iii) Includes a detailed description of any criminal 10
proceedings that resulted in a judgment against him or her.the 11
individual. 12
(iv) Includes the nonrefundable fee required by the department. 13
(b) The department shall only consider the information 14
provided by an individual under subdivision (a)(ii) and (iii) in 15
making a preliminary determination. An individual may include a 16
statement with the request describing additional information for 17
consideration by the department, including, but not limited to, 18
information described in section 2(4) of 1974 PA 381, MCL 338.42. 19
(c) A preliminary determination under this section that is 20
adverse to an individual does not prevent the individual from 21
subsequently applying for a license or registration. 22
(d) The department or a board is not bound by a preliminary 23
determination under this section that is not adverse to an 24
individual if the individual applies for a license or registration 25
under this act.article unless, at the time a completed application 26
for the license or registration is submitted, the applicant has 27
subsequently been convicted of a felony or has a previously 28
undisclosed criminal conviction. 29
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(e) The issuance of a preliminary determination under this 1
section does not limit the authority of the department to review 2
applications for a license or registration, or to issue or deny a 3
license or registration. 4
(e) (f) The department shall notify an individual of a 5
preliminary determination by delivering a preliminary determination 6
letter to the individual, in a form determined by the department, 7
not later than 60 days after the date the individual's request for 8
a preliminary determination is received by the department. 9
(3) An individual shall not request more than 1 preliminary 10
determination under this section in any 120-day period. 11
(4) The department shall not require an individual to complete 12
any educational or training requirement before submitting a request 13
for a predetermination under this section. 14
Sec. 16241. (1) After administrative disciplinary action is 15
final, the department shall publish a list of the names and 16
addresses of disciplined individuals. The department shall indicate 17
on the list that a final administrative disciplinary action is 18
subject to judicial review. The department shall report 19
disciplinary action to the department of community health and human 20
services, the department of insurance and financial services, the 21
state and federal agencies responsible for fiscal administration of 22
federal health care programs, and the appropriate professional 23
association. 24
(2) Once each calendar year, the department shall transmit to 25
the library of Michigan sufficient copies of a compilation of the 26
lists required under subsection (1) for the immediately preceding 3 27
calendar years. The library of Michigan shall distribute the 28
compilation to each depository library in this state. The 29
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department shall also transmit the compilation to each county clerk 1
in this state once each calendar year. 2
(3) The department of community health and human services 3
shall report the disciplinary actions to appropriate licensed 4
health facilities and agencies. The department of insurance and 5
financial services shall report the disciplinary actions received 6
from the department to insurance carriers providing professional 7
liability insurance. 8
(4) In case of a summary suspension of a license under section 9
16233(5), the department shall report the name and address of the 10
individual whose license has been suspended to the department of 11
community health and human services, the department of insurance 12
and financial services, the state and federal agencies responsible 13
for fiscal administration of federal health care programs, and the 14
appropriate professional association. In case of a summary 15
suspension of a license under section 16233(6), the department 16
shall report the name and address of the pharmacy license that has 17
been suspended to the department of community health and human 18
services, the department of insurance and financial services, the 19
state and federal agencies responsible for fiscal administration of 20
federal health care programs, and the appropriate professional 21
association. 22
(5) A licensee or registrant whose license or registration is 23
revoked or suspended under this article shall give notice of the 24
revocation or suspension to each patient who contacts the licensee 25
or registrant for professional services during the term of the 26
revocation or suspension. The licensee or registrant may give the 27
notice required under this subsection orally and shall give the 28
notice required under this subsection at the time of contact. 29
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(6) A licensee or registrant whose license or registration is 1
revoked or is suspended for more than 60 days under this article 2
shall notify in writing each patient or client to whom the licensee 3
or registrant rendered professional services in the licensee's or 4
registrant's private practice during the 120 days immediately 5
preceding the date of the final order imposing the revocation or 6
suspension and to each individual who is already scheduled for 7
professional services during the first 120 days after the date of 8
the final order imposing the revocation or suspension. The notice 9
must be on a form provided by the licensee's or registrant's board 10
or task force and state, at a minimum, the name, address, and 11
license or registration number of the licensee or registrant, the 12
fact that his or her the licensee's or registrant's license or 13
registration has been revoked or suspended, the effective date of 14
the revocation or suspension, and the term of the revocation or 15
suspension. Each board or task force shall develop a notice form 16
that meets at least the minimum requirements of this subsection. 17
The licensee or registrant shall send the notice to each patient or 18
client to whom the licensee or registrant rendered professional 19
services in the licensee's or registrant's private practice during 20
the 120 days immediately preceding the date of the final order 21
imposing the revocation or suspension within 30 days after the date 22
of the final order imposing the revocation or suspension and shall 23
simultaneously transmit a copy of the notice to the department. The 24
licensee or registrant orally shall notify each individual who 25
contacts the licensee or registrant for professional services 26
during the first 120 days after the date of the final order 27
imposing the revocation or suspension. The licensee or registrant 28
shall also provide a copy of the notice within 10 days after the 29
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date of the final order imposing the revocation or suspension to 1
his or her the licensee's or registrant's employer, if any, and to 2
each hospital, if any, in which the licensee or registrant is 3
admitted to practice. 4
(7) A licensee or registrant who is reprimanded, fined, placed 5
on probation, or ordered to pay restitution under this article or 6
an applicant whose application for licensure or registration is 7
denied under this article shall notify his or her the licensee's or 8
registrant's employer, if any, and each hospital, if any, in which 9
he or she the licensee or registrant is admitted to practice, in 10
the same manner as provided for notice of revocation or suspension 11
to an employer or hospital under subsection (6), within 10 days 12
after the date of the final order imposing the sanction. 13
(8) The department shall annually report to the legislature 14
and to each board and task force on disciplinary actions taken 15
under this article, article 7, and article 8. The department shall 16
include, at a minimum, all of the following information in the 17
report required under this subsection: 18
(a) Investigations conducted, complaints issued, and 19
settlements reached by the department, separated out by type of 20
complaint and health profession. 21
(b) Investigations and complaints closed or dismissed. 22
(c) Actions taken by each disciplinary subcommittee, separated 23
out by type of complaint, health profession, and final order 24
issued. 25
(d) Recommendations by boards and task forces. 26
(e) The number of extensions and delays granted by the 27
department that were in excess of the time limits required under 28
this article for each phase of the disciplinary process, and the 29
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types of cases for which the extensions and delays were granted. 1
(9) The department shall include both of the following in the 2
report required under subsection (8): 3
(a) The number of applications denied by the department. 4
(b) The number of applications denied by the department 5
because of an applicant's lack of good moral character and a 6
summary, by license or registration and by category of offense, of 7
the criminal convictions on which those denials were based. 8