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Must a Licensed Health Care Worker Report a DUI to LARA?

Jan 25th, 2019 DUI Penalties OWI Must a Licensed Health Care Worker Report a DUI to LARA?

Yes, Michigan law requires all licensed health care workers to self-report all criminal convictions to the Department of Licensing and Regulatory Affairs (LARA). This reporting requirement includes all intoxicated driving offenses.  Additionally, Michigan law provides that clerks of the court must also report a licensed health care worker’s drunk driving conviction to LARA. Thus, one way or the other, LARA will learn of the conviction, and will take whatever action they deem appropriate.

Specifically, Michigan Compiled Laws Sec. 333.16222(3) indicates as follows:

(3) A licensee or registrant shall notify the department of any criminal conviction within 30 days after the date of the conviction.

Because the statute uses the word “shall” there is no discretion in the matter.  All criminal convictions must be reported.  Furthermore, if a licensee or registrant fails to notify the department, such failure “shall result in administrative action.”  This means the failure to report the conviction often creates a worse consequence than would otherwise apply to the conviction itself.

Furthermore, Michigan Compiled Laws sec. 769.16a provides:

(7) Within 21 days after the date a licensed health care worker is convicted of a misdemeanor involving the illegal delivery, possession, or use of alcohol or a controlled substance or a felony, the clerk of the court entering the conviction shall report the conviction to the department of community health on a form prescribed and furnished by that department.

The standard form used by the courts has check-boxes for the following licensed health care workers:

Acupuncturist, Marriage & Family Therapist, Pharmacist, Sanitarian, Allopathic Physician (MD), Massage Therapist Pharmacy Technician Social Worker Athletic Trainer Nurse (RN or LPN) Physical Therapist, PTA Speech/Language Pathologist Audiologist Nursing Home Administrator Physician’s Assistant Veterinarian Chiropractor Occupational Therapist, OTA Podiatrist Counselor Optometrist Psychologist Dentist, Hygienist, RDA Osteopathic Physician (DO) Respiratory Therapist.