Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.16106 (2026)

Definitions; I to L.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.16106 Definitions; I to L.

Sec. 16106.

    (1) "Incompetence" means a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for a health profession, whether or not actual injury to an individual occurs.

    (2) "License", except as otherwise provided in this subsection and section 17708(2), means an authorization issued under this article to practice where practice would otherwise be unlawful. License includes an authorization to use a designated title which use would otherwise be prohibited under this article and may be used to refer to a health profession subfield license, limited license, or a temporary license. License does not include a health profession specialty field license.

    (3) "Licensee", as used in a part that regulates a specific health profession, means an individual to whom a license is issued under that part, and as used in this part means each licensee regulated by this article.

    (4) "Limitation" means an action by which a board imposes restrictions or conditions, or both, on a license.

    (5) "Limited license" means a license to which restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client served are imposed by a board.

    

    

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1997, Act 153, Eff. Mar. 31, 1998 ;-- Am. 2002, Act 643, Imd. Eff. Dec. 23, 2002 ;-- Am. 2022, Act 80, Eff. Mar. 29, 2023

PopularName Notes:

Act 368
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1982–2025 · leading case: Brown v. Hayes, 716 N.W.2d 13 (Mich. Ct. App. 2006).
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Brown v. Hayes, 716 N.W.2d 13 (Mich. Ct. App. 2006). · cites it 2× “" MCL 333.16106(2). "Registration" is defined as "an authorization only for the use of a designated title.”
Michigan Ass'n of Psychotherapy Clinics v. Blue Cross & Blue Shield of Michigan, 325 N.W.2d 471 (Mich. Ct. App. 1982). “It includes an authorization to use a designated title which use would otherwise be prohibited under this article and may be used to refer to a health profession subfield license, limited license, or a temporary license.”
Nathan Murphy-Dubay v. Dept of Licensing & Regulatory Affairs, 876 N.W.2d 598 (Mich. Ct. App. 2015). “16106(4) and (5) (defining “limitation” as “an action by which a board imposes restrictions or conditions, or both, on a license” and “limited license” as “a license to which restrictions or conditions, or both, as to scope of practice, place of practice, supervision of…”
Dept of Licensing & Regulatory Affairs v. Julian M Gordon Phd, 919 N.W.2d 77 (Mich. Ct. App. 2018). · cites it 2× “2d 181 , failed to meet "minimal standards of acceptable and prevailing practice for a" psychologist, MCL 333.16106. D. PROCEDURAL DUE PROCESS Lastly, respondent argues that he was denied a fair hearing because he was denied his constitutional right to confront AE because of…”
in Re Joel M Engel Lmsw (Mich. Ct. App. 2019). · cites it 3× “16221(b)(i) and MCL 333.16106(1) formed the basis of Count II.”
Bureau of Health Care Servs. v. Jan H Pol Dvm (Mich. Ct. App. 2016). · cites it 2× “Furthermore, MCL 333.16106(1) defines “incompetence” as follows: (1) “Incompetence” means a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for a health profession, whether or not actual injury to an individual occurs.”
Dept of Licensing & Regulatory Affairs v. Julian M Gordon Phd (Mich. Ct. App. 2018). · cites it 2× “” MCL 333.16106. We need not address this argument because it is waived.”
in Re Vijay Kumar P T (Mich. Ct. App. 2018). “The same evidence supports the disciplinary committee’s finding that Kumar was incompetent under MCL 333.16106(1) (defining “incompetence” as “a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for a health profession, whether or…”
in Re Vijay Kumar P T (Mich. Ct. App. 2018). “The same evidence supports the disciplinary committee’s finding that Kumar was incompetent under MCL 333.16106(1) (defining “incompetence” as “a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for a health profession, whether or…”
in Re Jan H Pol Dvm (Mich. Ct. App. 2019). “” MCL 333.16106(1). In contrast, “[n]egligence is a well-recognized legal concept which describes conduct that falls below a standard of reasonable or due care.”
in Re David Peter Jankowski Do (Mich. Ct. App. 2020). “” MCL 333.16106(1). The crux of respondent’s argument is that the standard of care adopted by the ALJ was incorrect.”
In Re Ennis Ata Berker Phd (Mich. Ct. App. 2024). “” MCL 333.16106(1). The ALJ assessed whether respondent breached his general duties to KH and whether he failed to conform to the minimal standards for psychologists with reference to section 3.”
Show all 14 citing cases →
— Mich. Comp. Laws § 333.16106(1) — 10 cases
Dept of Licensing & Regulatory Affairs v. Julian M Gordon Phd, 919 N.W.2d 77 (Mich. Ct. App. 2018). “2d 181 , failed to meet "minimal standards of acceptable and prevailing practice for a" psychologist, MCL 333.16106. D. PROCEDURAL DUE PROCESS Lastly, respondent argues that he was denied a fair hearing because he was denied his constitutional right to confront AE because of…”
in Re Joel M Engel Lmsw (Mich. Ct. App. 2019). “16221(b)(i) and MCL 333.16106(1) formed the basis of Count II.”
Bureau of Health Care Servs. v. Jan H Pol Dvm (Mich. Ct. App. 2016). “Furthermore, MCL 333.16106(1) defines “incompetence” as follows: (1) “Incompetence” means a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for a health profession, whether or not actual injury to an individual occurs.”
in Re Vijay Kumar P T (Mich. Ct. App. 2018). “The same evidence supports the disciplinary committee’s finding that Kumar was incompetent under MCL 333.16106(1) (defining “incompetence” as “a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for a health profession, whether or…”
in Re Vijay Kumar P T (Mich. Ct. App. 2018). “The same evidence supports the disciplinary committee’s finding that Kumar was incompetent under MCL 333.16106(1) (defining “incompetence” as “a departure from, or failure to conform to, minimal standards of acceptable and prevailing practice for a health profession, whether or…”
— Mich. Comp. Laws § 333.16106(2) — 2 cases
Brown v. Hayes, 716 N.W.2d 13 (Mich. Ct. App. 2006). “" MCL 333.16106(2). "Registration" is defined as "an authorization only for the use of a designated title.”
Michigan Ass'n of Psychotherapy Clinics v. Blue Cross & Blue Shield of Michigan, 325 N.W.2d 471 (Mich. Ct. App. 1982). “It includes an authorization to use a designated title which use would otherwise be prohibited under this article and may be used to refer to a health profession subfield license, limited license, or a temporary license.”
— Mich. Comp. Laws § 333.16106(4) — 1 case
Nathan Murphy-Dubay v. Dept of Licensing & Regulatory Affairs, 876 N.W.2d 598 (Mich. Ct. App. 2015). “16106(4) and (5) (defining “limitation” as “an action by which a board imposes restrictions or conditions, or both, on a license” and “limited license” as “a license to which restrictions or conditions, or both, as to scope of practice, place of practice, supervision of…”
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