Article 1 (299-1980-1) Flashcards

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1
Q

Armed Forces

A

The United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard or other military force designated by Congress as a part of the Armed Forces of the United States including reserve components

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2
Q

Board

A

in each article that deals with a specific occupation, the agency created in that article composed principally of members of the regulated occupation. In all other contexts, board means each agency created under this act

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3
Q

Censure

A

expression of disapproval of a licensee’s or registrant’s professional conduct, which conduct is not necessarily a violation of this act or a rule promulgated or an order issued under this act

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4
Q

Competence

A

a degree of expertise that enables a person to engage in an occupation at a level that meets or exceeds minimal standards of acceptable practice for the occupation

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5
Q

Complaint

A

an oral or written grievance

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6
Q

Controlled substance

A

a drug, substance, or immediate precursor as set forth in section 7212, 7214, 7216, 7218, or 7220 of the public health code, 1978 PA 368, MCL 333.7212, 333.7214, 333.7216, 333.7218, and 333.7220, not excluded under section 7227 of the public health code, 1978 PA 368, MCL 333.7227

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7
Q

Department

A

the department of licensing and regulatory affairs

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8
Q

Dependent

A

a spouse, surviving spouse, child under 26 years of age, or surviving child under 26 years of age

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9
Q

Director

A

the director of the department or his or her authorized representative

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10
Q

Disability

A

an infirmity that prevents a board member from performing a duty assigned to the board member

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11
Q

Files

A

the records, memoranda, opinions, minutes, and similar written materials that were formerly in the physical dominion of a board abolished by this act and the records, memoranda, opinions, minutes, and similar written materials of a board created under this act.

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12
Q

Formal complaint

A

document that states the charges of each alleged violation and is prepared by the department or the department of attorney general after a complaint is received by the department.

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13
Q

General public

A

each individual residing in this state who is 18 years of age or older, other than an individual or the spouse of an individual who is licensed or registered in the occupation or who has a material financial interest in the occupation regulated under the specific article in which the term is used

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14
Q

Good moral character

A

that term as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47

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15
Q

Incompetence

A

a departure from, or a failure to conform to, minimal standards of acceptable practice for an occupation

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16
Q

Knowledge and skill

A

the information, education, practical experience, and the facility in applying that information, education, and practical experience

17
Q

License

A

the document issued to a person under this act that enables the person to use a designated title and practice an occupation, which practice would otherwise be prohibited by this act. License includes a document issued by the department that permits a school, institution, or person to offer training or education in an occupation or that permits the operation of a facility, establishment, or institution in which an occupation is practiced. License includes a permit or approval

18
Q

Licensee

A

means either of the following, as applicable:

(a) In articles 1 to 6, a person that is licensed or required to be licensed under this act.
(b) In a specific article of this act, a person that is licensed or required to be licensed under that article

19
Q

Limitation

A

a condition, stricture, constraint, restriction, or probation attached to a license or registration relative to the scope of practice, including the following:

(a) A requirement that the licensee or registrant perform only specified functions of the licensee’s or registrant’s occupation.
(b) A requirement that the licensee or registrant perform the licensee’s or registrant’s occupation only for a specified period of time.
(c) A requirement that the licensee or registrant perform the licensee’s or registrant’s occupation only within a specified geographical area.
(d) A requirement that restitution be made or certain work be performed before a license or registration is issued, renewed, or reinstated.
(e) A requirement that a financial statement certified by an individual who is licensed as a certified public accountant be filed with the department at regular intervals.
(f) A requirement that reasonably ensures a licensee’s or registrant’s competence to perform the licensee’s or registrant’s occupation.
(g) A requirement that an attorney review all contracts of a licensee or registrant.
(h) A requirement that a licensee or registrant have on file with the department a bond that is issued by a surety insurer approved by the department or cash in an amount determined by the department.
(i) A requirement that a licensee or registrant deposit money received in an escrow account that can be disbursed only under certain conditions as determined by the licensee or registrant and another party.
(j) A requirement that a licensee or registrant file reports with the department at intervals determined by the department.

20
Q

Occupation

A

a field of endeavor regulated under this act.

(5) “Person” means any of the following:
(a) An individual.
(b) A sole proprietorship, partnership, association, corporation, limited liability company, or common law trust.
(c) A combination of persons described in subdivision (a) or (b).
(d) A department, board, school, institution, establishment, or governmental entity.

21
Q

Physical dominion

A

control and possession

22
Q

Physician

A

that term as defined in sections 17001 and 17501 of the public health code, 1978 PA 368, MCL 333.17001 and 333.17501.

23
Q

Probation

A

a sanction that permits a board to evaluate over a period of time a licensee’s or registrant’s fitness to practice an occupation regulated under this act

24
Q

Public access

A

the right of a person to view and copy files under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246

25
Q

Registrant

A

a person that is registered under this act

26
Q

Registration

A

the document issued to a person under this act that enables the person to use a designated title, which use would be otherwise prohibited by this act

27
Q

Rule

A

a rule promulgated under this act and under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

28
Q

State

A

the District of Columbia or a commonwealth, state, or territory of the United States

29
Q

Uniformed services

A

the Commissioned Corps of the United States Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Officer Corps

30
Q

Veteran

A

that term as defined in section 1 of 1965 PA 190, MCL 35.61