DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

PUBLIC HEALTH CODE – DISCIPLINARY RULES

(By authority conferred on the executive director of the department of licensing and

regulatory affairs by section 33(3) of the administrative procedures act of 1969, 1969 PA

306, MCL 24.233, section 16141 of the public health code, 1978 PA 368, MCL

333.16141, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-

4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)

PART 1. GENERAL RULES

R 338.1601 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1601a Definitions.

Rule 1a. (1) As used in these rules:

(a) “Board” means that term as defined in section 16103(1) of the public health

code, 1978 PA 368, MCL 333.16103.

(b) “Bureau” means the bureau of professional licensing.

(c) “Code” means the public health code, 1978 PA 368, MCL 333.1101 to

333.25211.

(d) “Department” means the department of licensing and regulatory affairs.

(e) “Disciplinary subcommittee” means that term as defined in section 16104(5) of

the code, MCL 333.16104.

(f) “Official record of the hearing,” includes those records required in section 86

of the administrative procedures act of 1969, 1969 PA 306, MCL 24.286.

(g) “Person” means that term as defined in section 1106(4) of the code, MCL

333.1106.

(h) “Respondent” means a person against whom an administrative complaint has

been issued or filed.

(i) “Surrendered” means the permanent relinquishment of a license or registration

to practice a health profession by a licensee or registrant as a disciplinary sanction in lieu

of or in resolution of further disciplinary proceedings.

(j) “Task force” means that term as defined in section 16109(3) of the code, MCL

333.16109.

(2) Except as otherwise defined in these rules, the terms defined in the code have

the same meaning when used in these rules.

History: 2021 AACS.

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R 338.1601b Disciplinary action for conduct before licensure, registration,

relicensure, or reregistration.

Rule 1b. (1) A disciplinary subcommittee may take action against a licensee or

registrant for conduct that occurred before the license or registration was issued without

regard to whether the department knew of the violation when the license or registration

was issued or reinstated.

(2) If relicensure or reregistration is granted and it is determined that a sanction has

been imposed by another state, the United States military, the federal government, or

another country, the disciplinary subcommittee may impose appropriate sanctions under

section 16174(5) of the code, MCL 333.16174.

History: 2021 AACS; 2022 MR 4, Eff. Feb. 23, 2022.

R 338.1602a Continuing duty to report name, address, or electronic mail

address change; criminal convictions; duty to report license, registration, or

certification in a health profession or specialty for relicensure or reregistration;

disciplinary proceedings.

Rule 2a. (1) In addition to complying with section 16192(1) of the code, MCL

333.16192, a licensee or registrant whose license or registration has expired, lapsed, or

been suspended, revoked, or surrendered must notify the department of a change of name,

postal address, or electronic mail address within 30 days until the later of 1 of the

following occurs:

(a) Seven years after a change in license or registration status occurs.

(b) Three years after all administrative complaints against the license or registration

filed with the department have been closed.

(c) The licensee or registrant is in full compliance with all final orders issued against

the licensee or registrant.

(2) In addition to complying with section 16222(3) of the code, MCL 333.16222, a

licensee or registrant whose license or registration has expired or lapsed for 3 months or

less shall notify the department of any criminal conviction within 30 days after the

conviction.

(3) In addition to complying with section 16222(3) of the code, MCL 333.16222, a

licensee or registrant whose license or registration has been suspended, revoked, or

surrendered for 6 months or less shall notify the department of any criminal conviction

within 30 days after the conviction.

(4) If a licensee or registrant applies for relicensure or reregistration, the applicant

shall comply with both of the following:

(a) Disclose each license, registration, or certification in a health profession or

specialty issued by any other state, the United States military, the federal government, or

another country on the application form.

(b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174,

which include verification from the issuing entity showing that disciplinary proceedings

are not pending against the applicant and sanctions are not in force at the time of

application.

History: 2021 AACS; 2022 MR 4, Eff. Feb. 23, 2022.

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R 338.1602 Rescinded.

History: 1996 AACS; 2015 AACS.

PART 2. HISTORICAL RECORDS

R 338.1603 Historical records.

Rule 3. In addition to the information required to be maintained in the historical

record of a licensee or registrant pursuant to section 16211 of the code, MCL 333.16211,

the department may obtain and maintain all of the following in a licensee’s or registrant’s

individual historical record:

(a) Reports or information disclosed by a health facility or agency consistent with

sections 20175 and 21515 of the code, MCL 333.20175 and 333.21515.

(b) Reports, information, or a final order from a state department or agency.

(c) Reports or information from a professional association or professional society.

(d) Reports or information from a national practitioner databank.

(e) Reports or information from the secretary of state’s office.

(f) Reports or information related to prior allegations made against the licensee or

registrant.

(g) Reports or information from any federal, state, or local law enforcement agency.

(h) Reports, information, or a final order from any federal, state, or local court or

other adjudicating body.

(i) Reports or information related to the individual’s failure to satisfactorily

participate in or complete a treatment plan under the health professional recovery

program (HPRP).

(j) For a period of 5 years following the individual’s successful completion of the

HPRP, records pertaining to the individual’s participation in the HPRP, in compliance

with section 16170a(3) of the code, MCL 333.16170a.

History: 1996 AACS; 2021 AACS.

PART 3. INVESTIGATIONS

R 338.1604 Investigations.

Rule 4. (1) The department may conduct a review of all allegations or historical

records as necessary to determine if reasonable grounds for an investigation exists.

(2) The department’s investigation conducted as required or permitted by the code

may encompass possible violations other than those specifically identified when the

investigation was initiated.

History: 1996 AACS; 2021 AACS; 2022 MR 4, Eff. Feb. 23, 2022.

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R 338.1605 Rescinded.

History: 1996 AACS; 2021 AACS.

R 338.1606 Rescinded.

History: 1996 AACS; 2021 AACS.

R 338.1607 Rescinded.

History: 1996 AACS; 2021 AACS.

PART 4. PLEADINGS

R 338.1607a Pleadings.

Rule 7a. (1) Until a notice of hearing has been issued, all original pleadings and

related attachments must be filed with the department or office of the attorney general as

set forth in the administrative complaint or notice of compliance conference.

(2) After a notice of hearing has been issued, all original pleadings and any related

attachments must be filed with the Michigan office of administrative hearings and rules

as required in the notice of hearing. A copy of all original pleadings and any related

attachments must be transmitted to all other parties listed on the notice.

(3) An answer to an administrative complaint must be filed within 30 days from the

date of receipt of the administrative complaint.

(4) An administrative complaint may be amended at any time. A respondent must

be given a reasonable time to file an amended answer and to prepare a defense before

hearing if the allegations in the administrative complaint are substantially amended.

(5) All pleadings and any related attachments that are properly filed become a part

of the official record of the hearing.

History: 2021 AACS; 2022 MR 4, Eff. Feb. 23, 2022.

PART 5. COMPLIANCE CONFERENCE, REQUEST FOR ADJOURNMENT,

AND HEARING TO ESTABLISH AN OFFICIAL RECORD FOR

DETERMINATION OF DISCIPLINARY ACTION, CEASE AND DESIST

HEARING, FINAL ORDER, AND INFORMAL CONFERENCE

R 338.1608 Compliance conference; request for adjournment; hearing to

establish record for disciplinary action only.

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Rule 8. (1) The department may conduct a compliance conference held pursuant to

section 16231(5) of the code, MCL 333.16231, informally and not as an evidentiary

hearing. A licensee or registrant may submit a written statement before the date of the

compliance conference.

(2) A respondent may request and may be granted an adjournment of the

compliance conference for good cause. As used in this subrule, “good cause” means that

the respondent submitted a written request for adjournment to the department that

provides legally sufficient grounds to warrant the adjournment, such as circumstances

beyond the respondent’s control.

(3) If the parties agree on all issues except the terms of the appropriate disciplinary

action, the department must schedule a hearing to establish an official record for

consideration by the disciplinary subcommittee of the appropriate board or task force in

making its determination of the appropriate disciplinary action. The disciplinary

subcommittee must consider the parties’ agreement and the official record of the hearing

when determining the appropriate disciplinary action.

History: 1996 AACS; 2021 AACS.

R 338.1609 Rescinded.

History: 1996 AACS; 2021 AACS.

R 338.1610 Cease and desist hearing request; final order; informal conference.

Rule 10. (1) If an individual fails to request a hearing as permitted in section

16233(3) of the code, MCL 333.16233, within 30 days after the effective date of the

cease and desist order, the order becomes a final order without further proceedings.

(2) Either party may request that an informal conference be scheduled before the

date scheduled for the hearing if the parties determine that a conference will assist in the

resolution of the matter.

History: 1996 AACS; 2015 AACS; 2022 MR 4, Eff. Feb. 23, 2022.

R 338.1611 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1612 Rescinded.

History: 1996 AACS; 2021 AACS.

R 338.1614 Rescinded.

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History: 1996 AACS; 2015 AACS.

R 338.1615 Rescinded.

History: 1996 AACS; 2021 AACS.

R 338.1616 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1617 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1618 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1619 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1620 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1621 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1622 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1623 Rescinded.

History: 1996 AACS; 2015 AACS.

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R 338.1624 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1625 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1626 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1627 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1628 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1629 Rescinded.

History: 1996 AACS; 2015 AACS.

PART 6. FINAL ORDER, RECONSIDERATION OF FINAL ORDER,

AND DUTY TO COMPLY WITH FINAL ORDER

R 338.1630 Final order; remand for additional evidence; revisions to findings;

majority vote required; department review.

Rule 30. (1) If an agreement has been reached at an informal conference, the

disciplinary subcommittee may accept the proposed disposition and enter a final order,

suggest other terms, or require that administrative proceedings be commenced.

(2) In a contested case, the disciplinary subcommittee, board, or task force may

enter a final order after reviewing the official record of the hearing.

(3) If the disciplinary subcommittee, board, or task force determines that additional

testimony or evidence is necessary, it shall issue an order remanding the case to the

administrative law judge.

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(a) The order remanding the case to the administrative law judge must specify

what witnesses, evidence, or questions are to be addressed on remand without limiting

the witnesses or evidence the parties may present.

(b) After the administrative law judge has held a hearing on the remanded matter,

the administrative law judge shall issue a proposal for decision on remand with findings

of fact and conclusions of law to the disciplinary subcommittee, board, or task force

having jurisdiction over the case.

(4) The disciplinary subcommittee, board, or task force may revise the findings of

fact and conclusions of law based on the evidence in the official record of the hearing.

The revision must specifically identify the findings of fact or conclusions of law, or both,

being modified or rejected and identify the evidence from the official record of the

hearing that supports the revision.

(5) In its final order, a disciplinary subcommittee, board, or task force may adopt,

modify, or reject, in whole or in part, the opinion or proposal for decision of the

administrative law judge. If the disciplinary subcommittee, board, or task force modifies

or rejects the opinion or proposal for decision, the reasons for that action must be stated

in the final order.

(6) Except as provided in sections 7311(1)(b), 16221(b)(x), 16221(h), and 17768(2)

of the code, MCL 333.7311, MCL 333.16221, and MCL 333.17768, a disciplinary

subcommittee shall not rely on any prior final order in determining whether grounds for

discipline exist in the case under consideration. In determining an appropriate

disciplinary action, a disciplinary subcommittee, board, or task force may review any

prior final order, and the underlying administrative complaint, that imposed disciplinary

action on the applicant, licensee, or registrant.

History: 1996 AACS; 2021 AACS; 2022 MR 4, Eff. Feb. 23, 2022.

R 338.1631 Request for reconsideration of a final disciplinary subcommittee,

board, or task force order.

Rule 31. (1) A person may file a written request for reconsideration of a final

disciplinary subcommittee, board, or task force order.

(2) The bureau must receive the written request for reconsideration within 30

calendar days after the effective date of the final order. The bureau must deny an

untimely request.

(3) The written request must state with specificity the material error claimed and the

relief requested. A request for reconsideration that presents the same issues ruled on,

either expressly or by reasonable implication, must not be granted.

(4) A properly submitted request must be forwarded to the appropriate disciplinary

subcommittee, board, or task force for reconsideration. A request for a modification of a

consent order may only be granted after agreement by the parties.

History: 1996 AACS; 2021 AACS.

R 338.1632 Duty to comply with final order.

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Rule 32. An applicant, licensee, or registrant must comply with a final order issued

by a disciplinary subcommittee, board, or task force.

History: 1996 AACS; 2021 AACS.

PART 7. APPLICATION DENIAL, REQUEST FOR HEARING,

SURRENDERED LICENSE

R 338.1632a Denial of application; hearing; surrendered license or registration

ineligible.

Rule 32a. (1) If the department determines that an applicant for licensure,

relicensure, license renewal, registration, reregistration, or registration renewal has not

met the requirements for licensure or registration, the department must serve upon the

applicant a notice of intent to deny (NOID) the application for licensure or registration.

(2) An applicant may request a hearing to show that he or she has fulfilled the

requirements for licensure or registration. The applicant’s request for a hearing must be

filed within 30 days after a NOID is served on the applicant. If the applicant fails to

request a hearing within 30 days of service, the NOID becomes a final order of the board,

disciplinary subcommittee, or task force denying the application for licensure or

registration.

(3) The department may request that the attorney general prepare and present the

grounds believed to support a denial of the application at the hearing.

(4) An applicant who has previously surrendered a license or registration to practice

in this state is ineligible to apply for licensure, relicensure, registration, or reregistration

in the same profession.

History: 2021 AACS.

R 338.1633 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1634 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1635 Rescinded.

History: 1996 AACS; 2015 AACS.

R 338.1636 Rescinded.

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History: 1996 AACS; 2015 AACS.

R 338.1637 Rescinded.

History: 1996 AACS; 2015 AACS.

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