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Michigan Statutes, Title 333

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Michigan/Statutes

← All Michigan coverage

Title 333, HEALTH

58 chapters · 2,092 sections in this title.

All chapters in Title 3332,092 Ch 368-of-1978, PUBLIC HEALTH CODE1,804 Ch 220-of-2020, INDUSTRIAL HEMP GROWERS ACT36 Ch 281-of-2016, MEDICAL MARIHUANA FACILITIES LICENSI…36 Ch 204-of-1987, LOW-LEVEL RADIOACTIVE WASTE AUTHORIT…28 Ch 193-of-1996, MICHIGAN DO-NOT-RESUSCITATE PROCEDUR…20 Ch Initiated Law 1-of-2018, MICHIGAN REGULATION AND TAXATION OF …19 Ch 522-of-1996, THE MICHIGAN BIOLOGIC PRODUCTS INSTI…15 Ch Initiated Law 1-of-2008, MICHIGAN MEDICAL MARIHUANA ACT12 Ch 527-of-2008, UNITED WAY FUND ACT; CHILDREN'S HOSP…11 Ch 85-of-2016, DESIGNATED CAREGIVER ACT8 Ch 134-of-2007, AMANDA'S FUND FOR BREAST CANCER PREV…7 Ch 345-of-2014, RIGHT TO TRY ACT7 Ch 424-of-2002, HOUSING-WITH-SERVICES CONTRACT ACT7 Ch 31-of-1990, ATHLETIC SERVICES PROVIDERS6

1,804 sections·Filtered byTitle 333✕Ch 368-of-1978✕

Mich. Comp. Laws § 333.16231 Allegation; review; investigation; compliance conference; duties of department following investigation; confidentiality of identity; complaint; failure to respond; conditions applicable to subsection (2)(a); "conflict of interest" defined.
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Sec. 16231. (1) A person or governmental entity that believes that a violation of this article, article 7, or article 8 or a rule promulgated under this article, article 7, or article 8 exists may submit an allegation of that fact to the department in writing. (2) Subject to subs…
Mich. Comp. Laws § 333.16231a Failure to reach agreement at compliance conference held under MCL 333.16231(4); hearing; conduct; determination by hearings examiner; request for continuance; representation; failure to appear as default; notice; sanction.
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Sec. 16231a. (1) If an agreement is not reached at a compliance conference held under section 16231(4), or if an agreement is reached but is rejected by a disciplinary subcommittee and the parties do not reach a new agreement, the department shall hold a hearing before a hearings…
Mich. Comp. Laws § 333.16232 Hearings; rules.
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Sec. 16232. (1) The department shall provide an opportunity for a hearing in connection with the denial, reclassification, limitation, reinstatement, suspension, or revocation of a license or a proceeding to reprimand, fine, order restitution, or place a licensee on probation. (2…

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Mich. Comp. Laws § 333.16233 Investigation; order to cease and desist; hearing; violation of order; summary suspension of license or registration; notice from federal agency.

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Sec. 16233. (1) The department may conduct an investigation necessary to administer and enforce this article. Investigations may include written, oral, or practical tests of a licensee's or registrant's competency. The department may establish a special paralegal unit to assist t…

Mich. Comp. Laws § 333.16234 Conduct of hearings; authority of department.

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Sec. 16234. The department may hold hearings and administer oaths and order testimony to be taken at a hearing or by deposition conducted pursuant to the administrative procedures act of 1969.

Mich. Comp. Laws § 333.16235 Subpoena; prima facie evidence of matters recorded; admissible evidence.

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Sec. 16235. (1) Upon application by the attorney general or a party to a contested case, the circuit court may issue a subpoena requiring a person to appear before a hearings examiner in a contested case or before the department in an investigation and be examined with reference …

Mich. Comp. Laws § 333.16236 Mental or physical examination; expense; consent; waiver.

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Sec. 16236. (1) In a hearing or an investigation where mental or physical inability or substance abuse under section 16221 or impairment is alleged, a disciplinary subcommittee or a hearings examiner or the department with the approval of a disciplinary subcommittee may require t…

Mich. Comp. Laws § 333.16237 Imposition of penalty by disciplinary subcommittee; review of recommended findings of fact and conclusions of law; assignment of independent special assistant attorney general; additional testimony or evidence; sanction; completion of action; appeal.

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Sec. 16237. (1) In imposing a penalty under section 16232(3), a disciplinary subcommittee shall review the recommended findings of fact and conclusions of law of the hearings examiner. (2) The department of attorney general may assign an independent special assistant attorney gen…

Mich. Comp. Laws § 333.16238 Confidentiality of information; compliance conference closed to public.

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Sec. 16238. (1) Except as otherwise provided in section 13(1)(u)(i) and (ii) of the freedom of information act, Act No. 442 of the Public Acts of 1976, being section 15.243 of the Michigan Compiled Laws, the information including, but not limited to, patient names, obtained in an…

Mich. Comp. Laws § 333.16239 Pamphlet.

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Sec. 16239. Each licensee or registrant who is in private practice shall make available upon request of a patient a pamphlet provided by the department outlining the procedure for filing an allegation with the department under section 16231. The department shall prepare the pamph…

Mich. Comp. Laws § 333.16241 Publishing list of names and addresses of disciplined individuals; distribution of compilation; report of disciplinary actions; report upon summary suspension of license; notice of revocation or suspension to patient or client; notice to employer or hospital; report.

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Sec. 16241. (1) After administrative disciplinary action is final, the department shall publish a list of the names and addresses of disciplined individuals. The department shall indicate on the list that a final administrative disciplinary action is subject to judicial review. T…

Mich. Comp. Laws § 333.16243 Reports; reporting name of licensee, amount of damages awarded, or amount of approved settlement.

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Sec. 16243. (1) The department or a disciplinary subcommittee appointed under section 16216 may request and shall receive the following reports: (a) Information from a licensed health care facility as to disciplinary action taken by it under section 20175. (b) Information from an…

Mich. Comp. Laws § 333.16244 Immunity from civil or criminal liability; physician-patient privilege inapplicable; confidentiality of information; disclosure; prohibition.

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Sec. 16244. (1) A person, including a state or county health professional organization, a committee of the organization, or an employee or officer of the organization furnishing information to, or on behalf of, the organization, acting in good faith who makes a report; assists in…

Mich. Comp. Laws § 333.16245 Reinstatement of limited, suspended, or revoked license or registration; application; payment; time; hearing; guidelines; fee; criminal history check; permanent revocation.

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Sec. 16245. (1) Except as otherwise provided in this section or section 16245a, an individual whose license is limited, suspended, or revoked under this part may apply to the individual's board or task force for a reinstatement of a revoked or suspended license or reclassificatio…

Mich. Comp. Laws § 333.16245a Permanent revocation.

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Sec. 16245a. (1) In addition to any other penalty, remedy, or sanction under this act, an individual whose license, registration, or authorization to engage in the practice of a health profession has been permanently revoked under this article is permanently ineligible for a lice…

Mich. Comp. Laws § 333.16247 Reinstatement of license or issuance of limited license; requirements.

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Sec. 16247. (1) Except as otherwise provided in this section, a board or task force may reinstate a license or issue a limited license to an individual whose license has been suspended or revoked under this part if after a hearing the board or task force is satisfied by clear and…

Mich. Comp. Laws § 333.16248 Reinstatement of registration; requirements.

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Sec. 16248. (1) Except as otherwise provided in this section, a registration board may reinstate a registration revoked or suspended under this part if, after a hearing, the board is satisfied by clear and convincing evidence that the individual is of good moral character, has th…

Mich. Comp. Laws § 333.16249 Reclassification of limited license; requirements.

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Sec. 16249. Except as otherwise provided in section 16245a, a disciplinary subcommittee may reclassify a license limited under this part to alter or remove the limitations if, after a hearing, it is satisfied that the applicant will practice the profession safely and competently …

Mich. Comp. Laws § 333.16261 Health profession; prohibited use of insignia, title, letter, word, or phrase.

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Sec. 16261. (1) An individual who is not licensed or registered under this article shall not use an insignia, title, or letter, or a word, letter, or phrase singly or in combination, with or without qualifying words, letters, or phrases, under a circumstance to induce the belief …

Mich. Comp. Laws § 333.16264 Use of insignia, titles, letters, or phrases granted by authorized educational program or institution or professional organization or association.

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Sec. 16264. Section 16261 shall not limit the right of an individual to use the insignia, titles, letters, or phrases as granted to the individual by an authorized educational program or institution or professional organization or professional association for the purpose of ident…

Mich. Comp. Laws § 333.16265 Use of terms “doctor” or “dr.”.

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Sec. 16265. (1) An individual licensed under this article to engage in the practice of chiropractic, dentistry, medicine, optometry, osteopathic medicine and surgery, podiatric medicine and surgery, psychology, or veterinary medicine shall not use the terms "doctor" or "dr." in a…

Mich. Comp. Laws § 333.16266 Compliance.

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Sec. 16266. Each licensee who owns or operates, or who owns and operates, a private practice office shall comply with part 138.

Mich. Comp. Laws § 333.16267 HIV infected test subject; compliance reporting requirements; definitions.

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Sec. 16267. (1) A licensee who obtains from a test subject a test result that indicates that the test subject is HIV infected shall comply with the reporting requirements of section 5114. (2) As used in this section: (a) "HIV" means human immunodeficiency virus. (b) "HIV infected…

Mich. Comp. Laws § 333.16273 Artificial insemination services on anonymous basis; use of frozen sperm; testing sperm donor for presence of HIV or antibody to HIV; violation; liability; definitions.

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Sec. 16273. (1) A licensee, except a veterinarian licensed under this article, who provides artificial insemination services on an anonymous basis shall use only frozen sperm, and shall test each potential sperm donor for the presence in the donor of HIV or an antibody to HIV. Th…

Mich. Comp. Laws § 333.16274 Human cloning; prohibited acts; exception; violation of subsection (1); private right of action; definitions.

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Sec. 16274. (1) A licensee or registrant shall not engage in or attempt to engage in human cloning. (2) Subsection (1) does not prohibit scientific research or cell-based therapies not specifically prohibited by that subsection. (3) A licensee or registrant who violates subsectio…

Mich. Comp. Laws § 333.16275 Human cloning; prohibition; exception; violation; penalty; private right of action; “human cloning” defined.

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Sec. 16275. (1) A licensee or registrant or other individual shall not engage in or attempt to engage in human cloning. (2) Subsection (1) does not prohibit scientific research or cell-based therapies not specifically prohibited by that subsection. (3) A licensee or registrant or…

Mich. Comp. Laws § 333.16276 Use of laser for dermatological purposes; supervision of licensed physician required; exceptions; rules; definitions.

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Sec. 16276. (1) A licensee, registrant, or other individual shall not perform any procedure using a laser for dermatological purposes unless the procedure is performed under the supervision of a licensed physician. (2) A licensee, registrant, or other individual shall not perform…

Mich. Comp. Laws § 333.16276a Medical exfoliation procedures; supervision of licensed physician required; knowledge and consent required.

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Sec. 16276a. (1) A licensee, registrant, or other individual shall not perform a medical exfoliation procedure unless the procedure is performed under the supervision of a licensed physician. (2) A licensee, registrant, or other individual shall not perform a medical exfoliation …

Mich. Comp. Laws § 333.16277 Nonemergency health care; limitation on liability; additional restrictions; exceptions; definitions.

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Sec. 16277. (1) Subject to this section, a licensee or registrant who provides to a patient nonemergency health care that the licensee or registrant is licensed or registered under this article to provide, and who receives no compensation for providing the nonemergency health car…

Mich. Comp. Laws § 333.16279 Medical treatment, procedure, or examination involving vaginal or anal penetration; requirements; written consent; exceptions; record retention violation; penalties.

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Sec. 16279. (1) Except as otherwise provided in this section, a licensee or registrant shall not perform a medical treatment, procedure, or examination on a patient who is a minor that involves the vaginal or anal penetration of the minor unless all of the following are met: (a) …

Mich. Comp. Laws § 333.16279a Standardized consent form for medical treatment, procedure, or examination involving vaginal or anal penetration of a minor under MCL 333.16279.

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Sec. 16279a. (1) The department shall create and may periodically update a standardized consent form to be used by a licensee or registrant who provides a medical treatment, procedure, or examination to a minor under section 16279. The department shall use generally accepted stan…

Mich. Comp. Laws § 333.16281 Initiation of child abuse or neglect investigations; notice to licensee or registrant; request for child's medical records and information; release of medical records and information; inapplicable privileges; immunity from liability; exception; duties imposed by other statutes.

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Sec. 16281. (1) If there is a compelling need for records or information to determine whether child abuse or child neglect has occurred or to take action to protect a child where there may be a substantial risk of harm, a family independence agency caseworker or administrator dir…

Mich. Comp. Laws § 333.16282 Patient treated for opioid-related overdose to be provided with information on substance use disorder services.

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Sec. 16282. A licensee or registrant who treats a patient for an opioid-related overdose shall provide information to the patient on substance use disorder services. As used in this section, "substance use disorder services" means that term as defined in section 6230.

Mich. Comp. Laws § 333.16283 Definitions.

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Sec. 16283. As used in this section and sections 16284 to 16288: (a) "Health professional" means an individual who is engaging in the practice of a health profession. (b) "Prescriber" means that term as defined in section 17708. (c) "Telehealth" means the use of electronic inform…

Mich. Comp. Laws § 333.16284 Telehealth service; consent required; exception.

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Sec. 16284. Except as otherwise provided in this section, a health professional shall not provide a telehealth service without directly or indirectly obtaining consent for treatment. This section does not apply to a health professional who is providing a telehealth service to an …

Mich. Comp. Laws § 333.16285 Telehealth service; prescribing patient with drug; conditions; requirements.

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Sec. 16285. (1) A health professional who is providing a telehealth service to a patient may prescribe the patient a drug if both of the following are met: (a) The health professional is a prescriber who is acting within the scope of his or her practice in prescribing the drug. (…

Mich. Comp. Laws § 333.16286 Telehealth service; restrictions or conditions; findings by disciplinary subcommittee.

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Sec. 16286. In a manner consistent with this part and in addition to the provisions set forth in this part, a disciplinary subcommittee may place restrictions or conditions on a health professional's ability to provide a telehealth service if the disciplinary subcommittee finds t…

Mich. Comp. Laws § 333.16287 Rules.

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Sec. 16287. The department, in consultation with a board, shall promulgate rules to implement sections 16284 and 16285.

Mich. Comp. Laws § 333.16288 MCL 333.16284 to 333.16287; limitations.

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Sec. 16288. Sections 16284 to 16287 do not do any of the following: (a) Require new or additional third party reimbursement for health care services rendered by a health professional through telehealth. (b) Limit the provision of a health care service otherwise allowed by law. (c…

Mich. Comp. Laws § 333.16291 Violation; injunctive relief; criminal proceeding; prosecution.

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Sec. 16291. (1) Upon a violation of this article or of a rule or order of a board or task force, a disciplinary subcommittee, or the department, the circuit court for the county in which the violation occurs may restrain and enjoin a person from the violation. A board or task for…

Mich. Comp. Laws § 333.16294 Unlawful conduct; felony.

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Sec. 16294. Except as provided in section 16215, an individual who practices or holds himself or herself out as practicing a health profession regulated by this article without a license or registration or under a suspended, revoked, lapsed, void, or fraudulently obtained license…

Mich. Comp. Laws § 333.16296 Unlawful conduct; misdemeanor; penalties.

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Sec. 16296. A person who uses a title regulated by this article without a registration or under a suspended, revoked, or fraudulently obtained registration, or who uses as his or her own the registration of another person is guilty of a misdemeanor, punishable as follows: (a) For…

Mich. Comp. Laws § 333.16299 Violation as misdemeanor; penalties; exception.

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Sec. 16299. (1) Except as otherwise provided in subsection (2), a person who violates or aids or abets another in a violation of this article, other than those matters described in sections 16294 and 16296, is guilty of a misdemeanor punishable as follows: (a) For the first offen…

Mich. Comp. Laws § 333.16301 Fees generally.

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Sec. 16301. (1) Fees for licenses and registrations issued and other services performed by the department shall be as prescribed in this article. (2) This article does not prohibit a person who has a contract with the department or any other person providing direct services from …

Mich. Comp. Laws § 333.16303 Nonrefundable application processing fee; examination or inspection fee; fee for initial license or registration period; waiver of fee; definitions.

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Sec. 16303. (1) Except as otherwise provided in this section, each application for a license or registration must be accompanied by a nonrefundable application processing fee, and the department may also require that the application be accompanied by a fee for a required examinat…

Mich. Comp. Laws § 333.16305 Examination fee; forfeiture; reexamination fee.

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Sec. 16305. (1) An individual who is required to take an examination shall pay an examination fee. (2) An individual who is scheduled for examination or reexamination and who fails to appear at the examination shall forfeit the examination fee. (3) An individual who fails all or …

Mich. Comp. Laws § 333.16307 License and registration fees; completion of requirements for licensure or registration; forfeiture of fees; effect of void application.

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Sec. 16307. (1) A person who has completed the requirements for a license or registration or who seeks to renew a license or registration shall not be issued a license or registration until the person has paid the license or registration fee. (2) License and registration fees sha…

Mich. Comp. Laws § 333.16315 Health professions regulatory fund; nurse professional fund; pain management education and controlled substances electronic monitoring and antidiversion fund.

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Sec. 16315. (1) The health professions regulatory fund is established in the state treasury. Except as otherwise provided in this section, the state treasurer shall credit the fees collected under sections 16319 to 16349 to the health professions regulatory fund. Except as otherw…

Mich. Comp. Laws § 333.16317 Fees; limitation on increase; schedule.

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Sec. 16317. (1) Except as otherwise provided in section 16343, at the beginning of each state fiscal year, the department may increase the fees collected under sections 16319 to 16349 by a percentage amount equal to not more than the average percentage wage and salary increase gr…

Mich. Comp. Laws § 333.16319 Fees.

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Sec. 16319. Fees for a person licensed or seeking licensure to engage in manufacturing, distributing, prescribing, dispensing, or conducting research with controlled substances under part 73 are as follows: (a) Application processing fee $ 10.00 (b) License fee, per year 75.00.