PUBLIC HEALTH CODE
Act 368 of 1978
333.16222 Knowledge of violation; report to department; confidentiality of information; failure to make report; exception; identity of licensee or registrant making report; notice of criminal conviction or disciplinary action by another state.
Sec. 16222.
(1) A licensee or registrant who has knowledge that another licensee or registrant has committed a violation under section 16221, article 7, or article 8 or a rule promulgated under article 7 or article 8 shall report the conduct and the name of the subject of the report to the department. Information obtained by the department under this subsection is confidential and is subject to sections 16238 and 16244. Failure of a licensee or registrant to make a report under this subsection does not give rise to a civil cause of action for damages against the licensee or registrant, but the licensee or registrant is subject to administrative action under sections 16221 and 16226. This subsection does not apply to a licensee or registrant who obtains the knowledge of a violation while providing professional services to the licensee or registrant to whom the knowledge applies, who is serving on a duly constituted ethics or peer review committee of a professional association, or who is serving on a committee assigned a professional review function in a health facility or agency.
(2) Unless the licensee or registrant making a report under subsection (1) otherwise agrees in writing, the identity of the licensee or registrant making a report under subsection (1) shall remain confidential unless disciplinary proceedings under this part are initiated against the subject of the report and the licensee or registrant making the report is required to testify in the proceedings.
(3) A licensee or registrant shall notify the department of any criminal conviction within 30 days after the date of the conviction. Failure of a licensee or registrant to notify the department under this subsection shall result in administrative action under sections 16221 and 16226.
(4) A licensee or registrant shall notify the department of any disciplinary licensing or registration action taken by another state against the licensee or registrant within 30 days after the date of the action. This subsection includes, but is not limited to, a disciplinary action that is stayed pending appeal. Failure of a licensee or registrant to notify the department under this subsection shall result in administrative action under sections 16221 and 16226.
History: Add. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2014, Act 97, Eff. July 1, 2014
PopularName Notes:
Act 368
Notes of Decisions
In Re Attorney Gen. for Investigative Subpoenas, 766 N.W.2d 675 (Mich. Ct. App. 2009).
“The Legislature incorporated in the remainder of § 18237 three instances when a disclosure of confidential patient information may occur: (1) on obtaining consent from the patient, a minor patient’s guardian, or a personal representative or heir involved in a will contest; (2)…”
Dep't of Consum. & Indus. Servs. v. Shah, 600 N.W.2d 406 (Mich. Ct. App. 1999).
· cites it 2× “The hearing referee determined that, because respondent had not been convicted of a crime and only the PC stood convicted, petitioner could not proceed against respondent under subsections b(viii) and b(ix) and respondent had nothing to report under § 16222, MCL 333.16222; MSA…”
Mbawe v. Ferris State Univ., 366 F. Supp. 3d 942 (W.D. Mich. 2018).
“LAWS §§ 333.16222(1) ; 333.16223(1). Members of the BRT appeared well aware of this obligation, as the October 11, 2013, meeting minutes document the team's concern that Plaintiff's "licensure issues may trump all of this.”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017).
· cites it 4× “16221(f) references a notification failure under either MCL 333.16222(3) or (4), and it is MCL 333.”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017).
· cites it 4× “16221(f) references a notification failure under either MCL 333.16222(3) or (4), and it is MCL 333.”
in Re Karen Lind Butler Md (Mich. Ct. App. 2019).
· cites it 2× “2 Michigan’s Department of Licensing and Regulatory Affairs recently rescinded R 338.7005 effective January 7, 2019.”
— Mich. Comp. Laws § 333.16222(1) — 1 case
Mbawe v. Ferris State Univ., 366 F. Supp. 3d 942 (W.D. Mich. 2018).
“LAWS §§ 333.16222(1) ; 333.16223(1). Members of the BRT appeared well aware of this obligation, as the October 11, 2013, meeting minutes document the team's concern that Plaintiff's "licensure issues may trump all of this.”
— Mich. Comp. Laws § 333.16222(3) — 5 cases
Dep't of Consum. & Indus. Servs. v. Shah, 600 N.W.2d 406 (Mich. Ct. App. 1999).
“The hearing referee determined that, because respondent had not been convicted of a crime and only the PC stood convicted, petitioner could not proceed against respondent under subsections b(viii) and b(ix) and respondent had nothing to report under § 16222, MCL 333.16222; MSA…”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017).
“16221(f) references a notification failure under either MCL 333.16222(3) or (4), and it is MCL 333.”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017).
“16221(f) references a notification failure under either MCL 333.16222(3) or (4), and it is MCL 333.”
in Re Karen Lind Butler Md (Mich. Ct. App. 2019).
“2 Michigan’s Department of Licensing and Regulatory Affairs recently rescinded R 338.7005 effective January 7, 2019.”
— Mich. Comp. Laws § 333.16222(4) — 4 cases
in Re Karen Lind Butler Md (Mich. Ct. App. 2017).
“16221(f) references a notification failure under either MCL 333.16222(3) or (4), and it is MCL 333.”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017).
“16221(f) references a notification failure under either MCL 333.16222(3) or (4), and it is MCL 333.”
in Re Karen Lind Butler Md (Mich. Ct. App. 2019).
“2 Michigan’s Department of Licensing and Regulatory Affairs recently rescinded R 338.7005 effective January 7, 2019.”
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