Health Care Law Blog

License Sanctions Against Health Professionals Can Be Used As Evidence in Unrelated Malpractice Cases

Any disciplinary sanction against a health professional’s license can have serious collateral consequences, such as termination from provider networks, loss of malpractice insurance or substantially increased rates, medical staff investigations and proceedings, adverse employment actions, and reports to the National Practitioner Data Bank. A recent Michigan Court of Appeals decision highlights an added risk that many health professionals and their attorneys may not have known. A relatively minor licensing sanction was used, with devastating effect, as evidence in an unrelated malpractice action.

A dentist was sued for malpractice following a root canal procedure in Holder v Schwarcz. The jury awarded $67,500 in damages and the trial court granted $151,555 in case evaluation sanctions. The dentist had been involved in an unrelated licensing investigation relating to root canals for another patient. The licensing action was resolved through a consent order. In a consent order, a health professional does not admit any allegations in the licensing complaint, but agrees that the board’s disciplinary subcommittee may treat them as true and enter a sanction for violating the Public Health Code. The sanction imposed against the dentist in the licensing action included probation for one year, a requirement for ten hours of continuing education, and a $5,000 fine. The sanction was fairly typical for a licensing case alleging negligent care. Read More ›

Categories: Licensing, Physicians, Providers

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A Rare Reversal of a Licensing Sanctions by The Michigan Court Of Appeals Offers Hope to Disciplined Health Professionals

A recent Michigan Court of Appeals decision offers a glimmer of hope to health professionals who face the unenviable prospect of appealing adverse decisions made by licensing boards. Since 1994, the Public Health Code has required that appeals by licensed health professionals from adverse licensing decisions be filed in the Michigan Court of Appeals. Over the past two decades, there have been very few cases where the Court of Appeals held that a decision by a licensing board was legally incorrect or factually unsupported. Read More ›

Categories: Licensing, Physicians, Providers

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New LARA Policy for Professional Services Corporations

The Michigan Department of Licensing and Regulatory Affairs (LARA) Corporations Division has recently implemented a new policy for professional service corporations requiring that the purpose clause in the articles of incorporation includes the type of license held. Previously, only the type of services provided was required.

For example, the purpose clause for a dental practice must now state that the purpose of the corporation is to provide "dental services through a licensed dentist."

This new policy is not stated in any of the LARA materials. However, Foster Swift attorneys and paralegals frequently work with LARA and can help streamline the creation of a professional services corporation by knowing these LARA policy insights.

If you have questions about the new policy or would like assistance with starting a professional services corporation, please contact an attorney at Foster Swift.

Julie C. LaVille authored this article as a Law Clerk.

Categories: Licensing, Physicians, Regulatory

Posted by: Julie LaVille Hamlet

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Bills Call For Nurse Staffing Quotas in Michigan Hospitals

California is the only state in the country that has mandated nurse-to-patient ratio requirements for hospitals. If the Michigan Nurses Association and Democratic lawmakers are successful in their current legislative efforts, Michigan will be the second.

House Bill 4311 and Senate Bill 228 are identical bills recently introduced in each chamber by Representative Jon Switalski and Senator Rebekah Warren, respectively. The proposed legislation would require hospitals, including state-owned hospitals and state-owned facilities, to develop staffing plans that provide “sufficient, appropriately qualified nursing staff…in order to meet the individualized needs” of patients.

Significant provisions of the legislation include the following: Read More ›

Categories: Employment, Hospitals, Licensing, Regulatory

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New Board of Dentistry rules for handling and disposal of amalgam

The Michigan Board of Dentistry has adopted several new rules governing the handling and disposal of amalgam waste for dentists and dental practices.  

There are some exceptions for oral and maxillofacial surgeons; oral and maxillofacial radiologists; oral pathologists; orthodontists; periodontists; and dentists providing services in a dental school or hospital, or through a local health department.  Read More ›

Categories: Compliance, Licensing, Physicians, Regulatory

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Recommendation: Deregulation of 18 Occupations and Elimination of 9 Occupational Boards

On April 16, 2012, the Office of Regulatory Reinvention (“ORR”) issued a report to Governor Snyder proposing the deregulation of 18 occupations and the elimination of 9 occupational boards.  Of particular interest to Michigan health care providers are the recommendations for deregulation of dieticians and nutritionists; ocularists; respiratory care providers; and speech pathologists.  The report also recommended elimination of the following, health-care relevant occupational boards: Board of Dietetics and Nutrition, Board of Occupational Therapy, Board of Respiratory Care, Board of Speech Language Pathology, and Osteopathic Medicine Advisory Board. Read More ›

Categories: Licensing, Regulatory

Posted by: Mindi M. Johnson

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Massage Therapist Licensure Soon to be Mandatory

Licensure of Massage Therapists will become mandatory in Michigan in the near future. Proposed rules related to the requirements of such licensure were recently published in the Michigan Register.  The actual licensure requirement will become effective two years from the effective date of the final rules (which will likely be published later in 2012). Read More ›

Categories: Licensing, Regulatory

Posted by: Mindi M. Johnson

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New Licensure Requirements for Michigan Speech-Language Pathologists Released

On December 7, 2011, the final rules for Speech-Language Pathology were filed with the Michigan Secretary of State.  Among other things, the final rules require that any person who intends to practice speech-language pathology in Michigan must be licensed by December 7, 2013.  The rules also detail the requirements for licensure and give deference to individuals who have been certified by the American Speech-Language-Hearing Association.

For more information about the licensure requirements for speech language pathologists and to obtain a copy of the current licensure application packet, please contact one of the health care law attorneys at Foster Swift.

Categories: Licensing, Physicians, Regulatory

Posted by: Mindi M. Johnson

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