Violation of record retention; medical service involving vaginal or anal penetration; penalties.
MCL 333.16213a
in effect333.16213a. Violation of record retention; medical service involving vaginal or anal penetration; penalties.
Sec. 16213a.
(1) Except as otherwise provided in subsections (2) and (3), a person that violates section 16213(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is subject to an administrative fine or guilty of a crime as follows:
(a) For a first violation, an administrative fine of not more than $1,000.00.
(b) For a second violation, an administrative fine of not more than $2,500.00.
(c) For a third or subsequent violation, a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $5,000.00, or both.
(2) A person that violates section 16213(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of $5,000.00, or both, if the violation was the result of gross negligence.
(3) A person that intentionally violates section 16213(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $7,500.00, or both.
(4) This section does not limit any other sanction or additional action a disciplinary subcommittee is authorized to impose or take.
Add. 2023, Act 62, Eff. Oct. 10, 2023
[PopularName] Act 368
Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/Laws/MCL?objectName=mcl-333-16213aFetched: 10/20/2026
