HB 5039 — Health occupations: health professionals; disciplinary action for making a false representation in assisted reproduction; provide for. Amends secs. 16221 & 16226 of 1978 PA 368 (MCL 333.16221 & 333.16226). TIE BAR WITH: HB 5035'25, HB 5036'25

HB-5039, As Passed House, February 18, 2026 HOUSE BILL NO.

Subject to section 16221b, the department shall investigate any allegation that 1 or more of the grounds for disciplinary subcommittee action under this section exist, and may investigate activities related to the practice of a health EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk profession by a licensee, a registrant, or an applicant for licensure or registration.

EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk or conviction of any felony other than a felony listed or described in another subparagraph of this subdivision.

EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk (xiii) Conviction of a criminal offense under section 83, 84, 316, 317, 321, 520b, 520c, 520d, or 520f of the Michigan penal code, 1931 PA 328, MCL 750.83, 750.84, 750.316, 750.317, 750.321, 750.520b, 750.520c, 750.520d, and 750.520f.

(iv) Obtaining, possessing, or attempting to obtain or possess a controlled substance or a drug as that term is defined in section EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk 7105 without lawful authority;

For purposes of this subdivision, 42 USC 1395nn and the EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk regulations promulgated under that section as they exist on June 3, 2002 are incorporated by reference.

A physician who owns all or part of a facility in which the physician provides surgical services is not subject to this subparagraph if a referred surgical procedure the physician performs in the facility is not reimbursed at a minimum of the EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk appropriate Medicaid or Medicare outpatient fee schedule, including the combined technical and professional components.

(l) Failure to meet 1 or more of the requirements for licensure EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk or registration under section 16174.

or (b)(xii), (b)(xvi), or (b) (xvii) EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk Subdivision (b)(viii) Revocation, permanent revocation, or denial.

Subdivision (d)(i) Reprimand, fine, probation, EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk or (d)(ii) denial, or restitution.

EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk Subdivision (m) or (n) Denial, revocation, restitution, probation, suspension, limitation, reprimand, or fine.

If, during judicial review, the court of appeals determines that a final EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk decision or order of a disciplinary subcommittee prejudices substantial rights of the petitioner for 1 or more of the grounds listed in section 106 of the administrative procedures act of 1969, MCL 24.306, and holds that the final decision or order is unlawful and is to be set aside, the court shall state on the record the reasons for the holding and may remand the case to the disciplinary subcommittee for further consideration.

(6) Except as otherwise provided in subsection (5) and this subsection, a disciplinary subcommittee shall not impose the sanction of permanent revocation under this section without a finding that the licensee or registrant engaged in a pattern of EMR H00180'25_HB5039_INTR_1H00180'25_HB5039_APH_1 geb08fbs7yuk intentional acts of fraud or deceit resulting in personal financial gain to the licensee or registrant and harm to the health of patients under the licensee's or registrant's care.

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