Mich. Comp. Laws § 333.1101
Short title.
This act shall be known and may be cited as the "public health code".
Michigan Compiled Laws — PUBLIC HEALTH CODE (Act 368 of 1978)
Michigan · statute · 368 of 1978, Mich. Comp. Laws · 1,793 active provisions
Mich. Comp. Laws § 333.1103
Meanings of words and phrases.
For purposes of this code, the words and phrases defined in sections 1104 to 1108 have the meanings ascribed to them in those sections. These definitions, unless the context requires otherwise, apply to use of the defined terms in this code. Other definitions applicable to specific articles, parts, or sections of the c…
Mich. Comp. Laws § 333.1104
Definitions; A to G.
(1) "Acknowledgment of parentage" means an acknowledgment executed as provided in the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013. (2) "Administrative procedures act of 1969" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, or a successor act. (3) "Adult" me…
Mich. Comp. Laws § 333.1105
Definitions; I to M.
(1) "Individual" means a natural person. (2) "Local health department" means: (a) A county health department of a single county provided pursuant to section 2413 and its board of health, if any. (b) A district health department created pursuant to section 2415 and its board of health. (c) A city health department creat…
Mich. Comp. Laws § 333.1106
Definitions.
(1) "Opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal food and drug administration for the treatment of drug overdose. (2) "Opioid-related overdose" means a condition, including, but not limited to, extreme physical illness, decreased level of c…
Mich. Comp. Laws § 333.1108
Definitions; R, S.
(1) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969. (2) "State" means a state, district, territory, commonwealth, or insular possession of the United States or any area subject to the lawful authority of the United States.
Mich. Comp. Laws § 333.1111
Intent and construction of code.
(1) This code is intended to be consistent with applicable federal and state law and shall be construed, when necessary, to achieve that consistency. (2) This code shall be liberally construed for the protection of the health, safety, and welfare of the people of this state.
Mich. Comp. Laws § 333.1113
Headings or titles of code.
A heading or title of an article or part of this code shall not be considered as a part of this code or be used to construe the code more broadly or narrowly than the text of the code sections would indicate, but shall be considered as inserted for convenience to users of this code.
Mich. Comp. Laws § 333.1114
Prohibited construction of code.
(1) This code shall not be construed to vest authority in the department for programs or activities otherwise delegated by state or federal law or rules to another department of state government. (2) This code shall not be construed to divest or reduce authority or responsibility for mental health services or responsib…
Mich. Comp. Laws § 333.1115
Controlling provisions.
A state statute, a rule of the department, or an applicable local health department regulation shall control over a less stringent or inconsistent provision enacted by a local governmental entity for the protection of public health.
Mich. Comp. Laws § 333.1201
Delaying promulgation of new rules.
When the department is directed to promulgate rules by this code and rules exist on the date the requirement to promulgate takes effect, which rules the department believes adequately cover the matter, the department may delay the promulgation of new rules until the department considers it advisable.
Mich. Comp. Laws § 333.1203
Approval of certain plans or issuance of certain permits pursuant to code; effect.
The approval of plans or the issuance of a permit pursuant to this code which involves the construction, alteration, or renovation of a building, structure, or premises, the use of a site, or the installation or alteration of equipment does not relieve the person receiving the approval or permit from complying with all…
Mich. Comp. Laws § 333.1205
Contested case hearing; appeal.
(1) An applicant, licensee, or other person whose legal rights, duties, or privileges are required by this code to be determined by the department, after an opportunity for a hearing, has the right to a contested case hearing in the matter, which shall be conducted pursuant to the administrative procedures act of 1969…
Mich. Comp. Laws § 333.1212
Members of predecessor agency; continuation in office.
When a board, committee, council, or other agency created by or pursuant to this code was preceded by an agency with the same or similar name and functions, members of the predecessor agency shall continue in office for the duration of the terms of office for which they were appointed and with the new members appointed…
Mich. Comp. Laws § 333.1213
Members of successor agency; increase or decrease in number.
(1) When the number of members of a successor agency is increased by this code, additional members shall be appointed to meet the number required for initial terms that will conform to the expiration of terms prescribed by this code. If the code would permit a choice between longer and shorter terms, appointments shall…
Mich. Comp. Laws § 333.1214
New agency not succeeding former agency; terms of office.
When a new agency created by this code is not a successor to a former agency and the regular terms of office of its members are 4 years, the highest whole number of its initial members resulting from a division of the total number of members by 4 shall be appointed for terms of 1, 2, 3, and 4 years. The terms of office…
Mich. Comp. Laws § 333.1216
Travel or other expenses; payment.
Travel or other expenses, or both, incurred by a public officer, agent, or employee in the performance of official functions authorized by this code which are payable out of appropriations shall be paid pursuant to the latest standardized travel regulations of the department of management and budget.
Mich. Comp. Laws § 333.1222
Renewals; distribution of work; pro rata fee; waiver.
(1) In order to distribute the work of renewals in the interests of administrative efficiency, the appropriate state agency may: (a) Schedule expirations established under section 16194 or otherwise under law to spread them over each year of a biennium or longer term. (b) Issue initial licenses in the interim during a…
Mich. Comp. Laws § 333.1291
Obstruction of person enforcing health law.
A person shall not wilfully oppose or obstruct a department representative, health officer, or any other person charged with enforcement of a health law in the performance of that person's legal duty to enforce that law.
Mich. Comp. Laws § 333.1299
Violation as misdemeanor; prosecution.
(1) A person who violates a provision of this code for which a penalty is not otherwise provided is guilty of a misdemeanor. (2) A prosecuting attorney having jurisdiction and the attorney general knowing of a violation of this code, a rule promulgated under this code, or a local health department regulation the violat…
Mich. Comp. Laws § 333.2201
Department of public health and office of director of public health continued.
The department of public health and the office of the director of public health created by sections 425 and 426 of Act No. 380 of the Public Acts of 1965, being sections 16.525 and 16.526 of the Michigan Compiled Laws, shall continue under this code.
Mich. Comp. Laws § 333.2202
Director of public health; appointment, term, and qualifications; designation and responsibility of chief medical executive; “administrative experience” defined.
(1) The governor shall appoint the director of public health by the method and for a term prescribed by section 508 of Act No. 380 of the Public Acts of 1965, being section 16.608 of the Michigan Compiled Laws. The director shall be qualified in the general field of health administration. Qualification may be demonstra…
Mich. Comp. Laws § 333.2204
Director of public health; salary; full-time performance of functions; expenses.
The director shall receive an annual salary appropriated by the legislature and payable in the same manner as salaries of other state officers. The director's full time shall be devoted to the performance of the functions of the director's office. The director shall receive expenses necessarily incurred in the performa…
Mich. Comp. Laws § 333.2205
Assignment, vesting, and exercise of functions; internal organization of department; allocation and reallocation of duties and functions.
(1) A function assigned by this code to the department vests in the director or in an employee or agent of the department designated by the director, or in any employee or agent of the department who is assigned the function in accordance with internal administrative procedures of the department established by the dire…
Mich. Comp. Laws § 333.2208
Public health advisory council; creation; appointment, qualifications, and terms of members; removal; vacancy.
(1) The public health advisory council is created in the department. The public health advisory council shall consist of 16 members. Initial members of the public health advisory council shall include those individuals currently appointed to the advisory council created under section 506 of Act No. 380 of the Public Ac…
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