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

Mich. Comp. Laws § 333.16238

Confidentiality of information; compliance conference closed to public.

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PUBLIC HEALTH CODE


Act 368 of 1978


333.16238 Confidentiality of information; compliance conference closed to public.

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 investigation or a compliance conference before a complaint is issued, is confidential and shall not be disclosed except to the extent necessary for the proper functioning of a hearings examiner, a disciplinary subcommittee, or the department.

    (2) A compliance conference conducted under this part before a complaint is issued shall be closed to the public.

History: Add. 1993, Act 79, Eff. Apr. 1, 1994

PopularName Notes:

Act 368
Notes of Decisions
Cited in 3 cases, 2000–2011 · leading case: Anzaldua v. Neogen Corp.
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Anzaldua v. Neogen Corp. (2011) michctapp · cites it 3× “The defendant contended that the information was exempt from disclosure under the Public Health Code (PHC), specifically MCL 333.16238(1), which classified as confidential any information obtained in an investigation before the issuance *634 of an administrative complaint.”
Messenger v. Department of Consumer & Industry Services (2000) michctapp · cites it 3× “1801(13)(1)(u), and § 16238 of the PHC, MCL 333.16238; MSA 14.15(16238). Specifically, defendant disclosed that it opened a file on plaintiff on April 29, 1994, on the basis of a newspaper account of the criminal charges filed against him; however, it closed plaintiffs file…”
In Re Attorney General for Investigative Subpoenas (2009) michctapp “Petitioner added that patient records reviewed in a public health investigation remained confidential under MCL 333.16238(1) and MCL 15.243, the latter being a provision of the Freedom of Information Act.”
— Mich. Comp. Laws § 333.16238(1) — 2 cases
Anzaldua v. Neogen Corp. (2011) michctapp “The defendant contended that the information was exempt from disclosure under the Public Health Code (PHC), specifically MCL 333.16238(1), which classified as confidential any information obtained in an investigation before the issuance *634 of an administrative complaint.”
In Re Attorney General for Investigative Subpoenas (2009) michctapp “Petitioner added that patient records reviewed in a public health investigation remained confidential under MCL 333.16238(1) and MCL 15.243, the latter being a provision of the Freedom of Information Act.”
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