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SB-297, As Passed Senate, April 15, 2026
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SUBSTITUTE FOR
SENATE BILL NO. 297
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 20165 (MCL 333.20165), as amended by 2024 PA
250, and by adding section 17233.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17233. (1) A registered professional nurse's refusal to 1
accept a hospital's request to work more than the registered 2
professional nurse's regularly scheduled hours according to the 3
registered professional nurse's predetermined work schedule is not, 4
by itself, grounds for administrative action under sections 16221 5
and 16226. 6
(2) As used in this section: 7
(a) "Hospital" means that term as defined in section 20106. 8
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(b) "Registered professional nurse's predetermined work 1
schedule" means that term as defined in section 21526. 2
Sec. 20165. (1) Except as otherwise provided in this section, 3
after notice of intent to an applicant or licensee to deny, limit, 4
suspend, or revoke the applicant's application or licensee's 5
license or certification and an opportunity for a hearing, the 6
department may deny, limit, suspend, or revoke the application, 7
license, or certification or impose an administrative fine on a 8
licensee if 1 or more of the following exist: 9
(a) Fraud or deceit in obtaining or attempting to obtain a 10
license or certification or in the operation of the licensed health 11
facility or agency. 12
(b) A violation of this article or a rule promulgated under 13
this article. 14
(c) False or misleading advertising. 15
(d) Negligence or failure to exercise due care, including 16
negligent supervision of employees and subordinates. 17
(e) Permitting a license or certificate to be used by an 18
unauthorized health facility or agency. 19
(f) Evidence of abuse regarding a patient's health, welfare, 20
or safety or the denial of a patient's rights. 21
(g) Failure to comply with section 10115. 22
(h) Failure to comply with part 222 or a term, condition, or 23
stipulation of a certificate of need issued under part 222, or 24
both. 25
(i) A violation of section 20197(1). 26
(2) The department may deny an application for a license or 27
certification based on a finding of a condition or practice that 28
would constitute a violation of this article if the applicant were 29
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a licensee. 1
(3) Denial, suspension, or revocation of an individual 2
emergency medical services personnel license under part 209 is 3
governed by section 20958. 4
(4) If the department determines under subsection (1) that a 5
health facility or agency has violated section 20197(1), the 6
department shall impose an administrative fine of $5,000,000.00 on 7
the health facility or agency. 8
(5) Beginning June 1, 2027, subject to subsection (6), if the 9
department determines under subsection (1) that a hospital has 10
violated section 21526, the department shall impose an 11
administrative fine, as follows, on the hospital: 12
(a) $1,000.00 for a first violation. 13
(b) If a second violation occurs within 36 months after the 14
first violation, $2,500.00 for the second violation. 15
(c) If a third violation occurs within 36 months after the 16
first violation, $5,000.00 for the third violation. 17
(d) If a fourth or subsequent violation occurs within 36 18
months after the first violation, $10,000.00 for the fourth or 19
subsequent violation. 20
(6) The administrative fines imposed on a hospital as provided 21
under subsection (5) reset every 36 months after the hospital's 22
first violation. 23
Enacting section 1. This amendatory act does not take effect 24
unless Senate Bill No. 296 of the 103rd Legislature is enacted into 25
law. 26