Michigan Compiled Laws

Mich. Comp. Laws § 333.16648 (2026)

Information relative to care and treatment of dental patient; confidentiality; privilege; disclosure; consent; instances not prohibiting disclosure.

✓ current as of July 2026

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PUBLIC HEALTH CODE

Act 368 of 1978

333.16648 Information relative to care and treatment of dental patient; confidentiality; privilege; disclosure; consent; instances not prohibiting disclosure.

Sec. 16648.

(1) Information relative to the care and treatment of a dental patient acquired as a result of providing professional dental services is confidential and privileged. Except as otherwise permitted or required under the health insurance portability and accountability act of 1996, Public Law 104-191, and regulations promulgated under that act, 45 CFR parts 160 and 164, or as otherwise provided in subsection (2), a dentist or a person employed by the dentist shall not disclose or be required to disclose that information.

(2) This section does not prohibit disclosure of the information described in subsection (1) in the following instances:

(a) Disclosure as part of the defense to a claim in a court or administrative agency challenging the dentist's professional competence.

(b) Disclosure pursuant to 1967 PA 270, MCL 331.531 to 331.533.

(d) Disclosure to a third party payer of information relating to fees for services in the course of a good faith examination of the dentist's records to determine the amount and correctness of fees or the type and volume of services furnished pursuant to provisions for payment established by a third party payer, or information required for a third party payer's predeterminations, post treatment reviews, or audits. For purposes of this subdivision, "third party payer" includes, but is not limited to, a nonprofit dental care corporation, nonprofit health care corporation, insurer, benefit fund, health maintenance organization, and dental capitation plan.

(e) Disclosure, pursuant to a court order, to a police agency as part of a criminal investigation.

(f) Disclosure as provided in section 2844a.

(g) Disclosure made pursuant to section 16222 if the licensee reasonably believes it is necessary to disclose the information to comply with section 16222.

(h) Disclosure under section 16281.

History: Add. 1983, Act 89, Imd. Eff. June 16, 1983 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 1998, Act 496, Eff. Mar. 1, 1999 ;-- Am. 2004, Act 401, Imd. Eff. Oct. 20, 2004

PopularName Notes:

Act 368

Notes of Decisions

Cited in 2 cases, 2007–2009 · leading case: In Re Petition of Atty. Gen. for Investigative Subpoenas, 736 N.W.2d 594 (Mich. Ct. App. 2007).

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In Re Petition of Atty. Gen. for Investigative Subpoenas, 736 N.W.2d 594 (Mich. Ct. App. 2007). · cites it 7× “But the HIPAA regulations, MCL 333.16648, and MCL 333.16235 do not impose the “good cause” threshold respondent urges this Court to adopt.”

In Re Attorney Gen. for Investigative Subpoenas, 766 N.W.2d 675 (Mich. Ct. App. 2009). “Except as otherwise permitted or required under the health insurance portability and accountability act of 1996, Public Law 104-191, and regulations promulgated under that act,.”

— Mich. Comp. Laws § 333.16648(1) — 2 cases

In Re Petition of Atty. Gen. for Investigative Subpoenas, 736 N.W.2d 594 (Mich. Ct. App. 2007). “But the HIPAA regulations, MCL 333.16648, and MCL 333.16235 do not impose the “good cause” threshold respondent urges this Court to adopt.”

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