Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Licensing and Regulatory Affairs  
Division/Bureau/Office:  
Bureau of Professional Licensing  
Name of person completing this form:  
Dena Marks  
Phone number of person completing this form:  
517-335-3679  
E-mail of person completing this form:  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2019-104 LR  
Title of proposed rule set:  
Public Health Code -- Disciplinary Rules  
3. Purpose for the proposed rules and background:  
The general purpose of these rules is to provide rules applicable to disciplinary matters for all  
professions regulated under the Public Health Code.  
The proposed updates will add new definitions, revise, reorganize, and clarify current rules, and  
rescind current rules that are duplicative of statute.  
4. Summary of proposed rules:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The proposed rules will add definitions for terms used in the ruleset and a new rule pertaining to  
disciplinary action that may be taken against an unlicensed or unregistered individual. A new rule  
will also be added to advise a former licensee or registrant of his or her duty to update his or her  
contact information while a complaint is pending and until a final order is satisfied. Amendments  
have been made to the rules pertaining to historical records, investigations, and the duty to comply  
with a final order. Other changes revise, reorganize, and clarify current rules. The proposed rules  
will rescind rules that duplicate statutory requirements, including rules pertaining to a disciplinary  
subcommittee, summary suspensions, and cease and desist orders.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
The Flint Journal, August 11, 2020  
The Grand Rapids Press, August 11, 2020  
The Mining Journal, August 11, 2020  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
8/15/2020  
7. Date, time, and location of public hearing:  
8/25/2020 09:00 AM at This meeting will be held virtually via Zoom pursuant to Executive Order  
password for video connection 206556; 877-336-1831, password for audio connection 486917  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
9. List of the name and title of agency representative(s) attending public hearing:  
Dena Marks, Senior Policy Analyst, Boards and Committees Section, Bureau of Professional  
Licensing  
LeAnn Payne, Board support Technician, Boards and Committees Section, Bureau of Professional  
Licensing  
Kerry Przybylo, Manager, Boards and Committees Section, Bureau of Professional Licensing  
10. Persons submitting comments of support:  
Amy Barkholz, Rich Farran, Julie Novak, John Shaski, Michelle John Tidjani  
11. Persons submitting comments of opposition:  
None  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
Comments  
for change  
& citation  
changed  
1
Amy Barkholz,  
Michigan  
Health &  
The commenter The department  
338.1603(a)  
stated that the  
reports and  
agreed that the  
rule should be  
Hospital Assoc.  
information of a written to include  
peer review  
the protections  
provided by the  
Public Health  
Code.  
organization  
should not be  
included in the  
licensee’s  
historical records  
because the  
information is  
confidential and  
protected from  
disclosure. The  
information is  
collected for  
quality  
improvement and  
to improve  
patient safety.  
2
Rich Farran,  
Health Care  
Assoc. of  
The commenter The department  
338.1603(a)  
stated that the  
privilege  
agreed that the  
rule should be  
Michigan  
provided in MCL written to include  
333.20175 bars the protections  
the state from  
provided by the  
obtaining reports Public Health  
and information Code.  
collected for  
professional  
review functions.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
3
Julie Novak,  
Michigan State  
Medical  
The commenter The department  
338.1603(a)  
stated that the  
words “or  
agreed that the  
rule should be  
written to include  
Society  
information”  
should be deleted the protections  
as it is overly provided by the  
broad and could Public Health  
have a chilling  
effect on the role  
that professional  
peer review  
Code.  
organizations  
play in the  
monitoring of  
health  
professionals.  
4
John Shaski,  
Sparrow  
Hospital  
The commenter The department  
338.1603(a)  
stated that  
records of  
professional  
practice  
agreed that the  
rule should be  
written to include  
the protections  
evaluation should provided by the  
not be included in Public Health  
the licensee’s or Code.  
registrant’s  
historical records  
because it is  
contrary to the  
protections  
provided by  
Michigan’s peer  
review statutes.  
Confidentiality  
protections  
enable providers  
to work to  
improve patient  
safety and ensure  
safe and high-  
quality patient  
care.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
5
Michelle  
The commenter The department  
338.1603(a)  
Johnson  
stated that  
records and  
information from written to include  
a professional  
peer review  
agreed that the  
rule should be  
Tidjani, Henry  
Ford Health  
System  
the protections  
provided by the  
organization, as Public Health  
protected by  
Code.  
statute, should be  
excluded from  
the historical  
records to avoid a  
chilling effect on  
peer review.  
6
Julie Novak,  
Michigan State  
Medical  
The commenter The department  
R 338.1604  
stated that the  
rule should be  
disagreed that the  
rule should be  
Society  
rescinded because rescinded but did  
any subsequent  
allegation or  
potential  
agree that the rule  
did not clearly  
describe the  
violation  
investigation  
identified during permitted.  
the course of an  
investigation  
should be  
authorized for  
investigation  
pursuant to MCL  
333.16231.  
13.Date report completed:  
11/19/2020  
MCL 24.242 and 24.245  
;