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MICHIGAN PUBLIC HEALTH CODE DISCIPLINARY PROCESSES

MICHIGAN PUBLIC HEALTH CODE DISCIPLINARY PROCESSES. Presented by Jim Chiodini, Esq. September 25, 2013. Public Health Code. “Practice of veterinary medicine ” means:

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MICHIGAN PUBLIC HEALTH CODE DISCIPLINARY PROCESSES

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  1. MICHIGAN PUBLIC HEALTH CODE DISCIPLINARY PROCESSES Presented by Jim Chiodini, Esq. September 25, 2013

  2. Public Health Code “Practice of veterinary medicine” means: (a) Prescribing or administering a drug, medicine, treatment, or method of procedure; performing an operation or manipulation; applying an apparatus or appliance; or giving an instruction or demonstration designed to alter an animal from its normal condition; (b) Curing, ameliorating, correcting, reducing, or modifying a disease, deformity, defect, wound, or injury in or to an animal; (c) Diagnosing or prognosing, or both, a disease, deformity, or defect in an animal by a test, procedure, manipulation, technique, autopsy, biopsy, or other examination.

  3. Public Health Code (Continued) -- • “Practice as a vet technician” means the practice of veterinary medicine based on less comprehensive knowledge and skill than that required of a veterinarian and performed under the supervision of a veterinarian. (MCL 333.18805) * * * • “Supervision” includes that degree of close proximity necessary for the supervising veterinarian to observe and monitor the performance of a vet tech. (MCL 333.18802)

  4. Board of Veterinary Medicine General Rules • Rule 338.4910 -- Supervision of a veterinary student by veterinarian Supervision of a veterinary student by a veterinarian is that degree of close physical proximity necessary for the supervising veterinarian to directly observe and monitor the performance of the student and to ensure that the activities of the student are within the scope of the orders, assignments, or prescriptions of the veterinarian.

  5. Board of Veterinary Medicine General Rules • Rule 338.4911 -- Veterinarian examination of animal for which procedures are delegated; veterinarian observation of delegatee’s performance A vet shall not delegate the performance of acts, tasks, or functions that fall within the practice of veterinary medicine unless the vet has first examined the animal on which the delegated procedures are to be performed and determined the need for such vet services. The delegating vet shall observe and monitor the performance of the delegated procedures to the extent necessary to ensure that the activities of the delegate are within the scope of the orders, assignments, or prescriptions of the vet.

  6. Professional Discipline • The Department of Community Health is empowered to “investigate activities related to the practice of a health profession by a licensee…” by “hold[ing] hearings, administer[ing] oaths, and order[ing] relevant testimony to be taken….” It is then required to “report its findings to the appropriate disciplinary subcommittee.” The “appropriate disciplinary subcommittee is directed to proceed under [MCL 333.16226]” if it finds a violation has occurred.

  7. Professional Discipline • A licensee having knowledge that another licensee has committed a violation under Section 16221, shall report the conduct and the name of the subject of the report to the department…. Failure of a licensee … to make a report under this subsection [makes] … the licensee subject to administrative action under section 16221. (MCL 333.16222)

  8. Professional Discipline Violations of Section 16221 -- • Subdivision (a): A violation of general duty, consisting of negligence or failure to exercise due care, including negligent delegation to or supervision of employee or other individuals, whether or not injury results, or any conduct, practice, or condition that impairs, or may impair, the ability to safely and skillfully practice the health profession.

  9. Professional Discipline Violations of Section 16221 (excerpts) (Continued) -- • Subdivision (b)(i): Incompetence. • Subdivision (b)(ii): … substance abuse. • Subdivision (b)(iii): Mental or physical inability reasonably related to and adversely affecting the licensee’s ability to practice in a safe and competent manner.

  10. Professional Discipline Violations of Section 16221 (Continued) -- • Subdivision (c)(i): Fraud or deceit in obtaining or renewing a license or registration. • Subdivision (c)(ii): Permitting the license or registration to be used by an unauthorized person. • Subdivision (c)(iii): Practice outside the scope of a license.

  11. Professional Discipline Violations of Section 16221 (Continued) -- • Subdivision (i): Failure to comply with a subpoena issued pursuant to this part, failure to respond to a complaint issued under this article, failure to appear at a compliance conference or an administrative hearing, or failure to report under MCL 333.16222 [knowledge of violation of MCL 333.16221].

  12. Professional Discipline Enforcement Proceedings -- • Allegation • Investigation • Complaint • Compliance conference • Administrative hearing • Appeal

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