How Does A Health Care Professional Licensing Matter Come To MOAHR?
The Michigan Department of Licensing and Regulatory Affairs, through the Michigan Bureau of Professional Licensing (BPL) can initiate an administrative complaint against a licensed healthcare professional when it believes that disciplinary action is required due to violations of the Public Health Code.
When the Bureau files an administrative complaint, alleging a violation or violations of the Public Health Code against a Licensee, the matter goes through a procedural process which can culminate in its being referred to MOAHR for purposes of conducting an impartial administrative hearing. Often, an administrative complaint filed by the Bureau stems from a patient complaint or the outcome of other legal proceedings, which involved the healthcare professional. Administrative hearings are conducted under the Administrative Procedures Act of 1969 (APA), 1969 PA 306, MCL 24.201 et seq., and the Michigan Administrative Hearing Rules.
After receipt of an administrative complaint involving a licensed healthcare professional, MOAHR assigns the matter to an Administrative Law Judge and a hearing is scheduled. At the hearing, a representative of the Bureau and the Licensee are allowed to present testimony and evidence in support of their respective positions regarding the issues raised in the administrative complaint. Both the Licensee and the Bureau may choose to be represented by legal counsel.
If, in addition to filing an administrative complaint, the Bureau believes that emergency action against a licensed healthcare professional is required due to a threat to the public health, safety, or welfare, it can issue a summary suspension of the healthcare license pursuant to Section 92 of the Administrative Procedures Act and Section 16233(5) of the Public Health Code. If the licensee files a petition to dissolve the summary suspension, an immediate administrative hearing is scheduled to address the issue of the summary suspension and whether an imminent threat exists to the public health, safety and welfare.
In addition to disciplinary proceedings, a healthcare professional who has had his or her license suspended for a period greater than six months can file a petition for reinstatement of the suspended license. Pursuant to the Public Health Code, a reinstatement hearing would then be conducted by a MOAHR Administrative Law Judge regarding the issue of whether the license should or should not be reinstated.