Michigan Board of Medicine

Vig Sinclair filed this request with the Department of Licensing and Regulatory Affairs of Michigan.
Tracking #

R152107-021325

Status
Completed

From: Vig Sinclair

To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

1. All physician disciplinary actions from 2019-2024 related to:
- Mental health conditions
- Substance use
- Behavioral health issues

2. Board policies regarding physician health programs

3. Statistics on:
- Self-reported vs. discovered cases
- Return to practice rates
- Appeal outcomes

4. Any studies or reports on physician mental health programs

5. Details about Illinois Professionals Health Program (IPHP):
- Relationship/agreements with medical board
- Confidentiality policies
- Rate of board reporting
- Statistics on physician outcomes
- Any formal or informal agreements between IPHP and board

6. Any evaluations or audits of IPHP effectiveness

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Vig Sinclair

From: Department of Licensing and Regulatory Affairs

Dear Vig Sinclair:
Thank you for your interest in public records of the Department of Licensing and Regulatory Affairs of Michigan. Your 2/13/2025 request has been received in this office and given the reference number R152107-021325 for tracking purposes. A written request made by facsimile, electronic mail, or other electronic transmission is not received by a public body's FOIA coordinator until one (1) business day after the electronic transmission is made. (MCL15.235(1))
Records Requested: "To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

1. All physician disciplinary actions from 2019-2024 related to:
- Mental health conditions
- Substance use
- Behavioral health issues

2. Board policies regarding physician health programs

3. Statistics on:
- Self-reported vs. discovered cases
- Return to practice rates
- Appeal outcomes

4. Any studies or reports on physician mental health programs

5. Details about Illinois Professionals Health Program (IPHP):
- Relationship/agreements with medical board
- Confidentiality policies
- Rate of board reporting
- Statistics on physician outcomes
- Any formal or informal agreements between IPHP and board

6. Any evaluations or audits of IPHP effectiveness

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Vig Sinclair

Upload documents directly: https://www.muckrock.com/

In accordance with the Michigan Freedom of Information Act (FOIA), MI LARA provides copies of its public records. Records which are exempt from disclosure by state or federal law will not be provided.

The FOIA does not require governmental bodies to create new records or answer questions. A request must ask for records or information already in existence. A person has the right to subscribe to future issuance of public records that are created, issued or disseminated on a regular basis.

Michigan LARA will respond within five business days to a request. If needed, the agency may issue a notice extending for up to 10 additional business days the time it has to respond to your request.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

FOIA Request Center

Department of Licensing and Regulatory Affairs

From: Department of Licensing and Regulatory Affairs

--- Please respond above this line ---


February 18, 2025

RE: PUBLIC RECORDS REQUEST of 2/13/2025 , Reference # R152107-021325

Dear Requester:

The Michigan Department of Licensing and Regulatory Affairs (LARA) has received your February 13, 2025 request for records and has processed it under the provisions of the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq.

You requested the following, in summary:

“To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

1. All physician disciplinary actions from 2019-2024 related to:
- Mental health conditions
- Substance use
- Behavioral health issues

2. Board policies regarding physician health programs

3. Statistics on:
- Self-reported vs. discovered cases
- Return to practice rates
- Appeal outcomes

4. Any studies or reports on physician mental health programs

5. Details about Illinois Professionals Health Program (IPHP):
- Relationship/agreements with medical board
- Confidentiality policies
- Rate of board reporting
- Statistics on physician outcomes
- Any formal or informal agreements between IPHP and board

6. Any evaluations or audits of IPHP effectiveness

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Vig Sinclair

Upload documents directly: https://www.muckrock.com/

Your request has been granted in part and denied in part.  Please see comments below.

Comments:

As to the partial grant, the records are available in the . FOIA Center
As to the partial denial,

* LARA certifies that, to the best of LARA’s knowledge, information, and belief, the information pertaining to [#5 and #6 above, no information on Illinois; Board policies in part #1] do not exist within LARA under the description given or another reasonably known to LARA. MCL 15.235(5)(b).
* The FOIA requires a written request describe a public record sufficiently to enable LARA to find the public record. (MCL 15.233(1)). It is unclear from the description, what record you wish to obtain for the following types of records. If you wish to submit a new request, please include a more detailed description of the record(s). Include license types, license numbers, addresses, and document names, if available. "Self-reported vs. discovered cases": LARA utilizes the titles regulatory and non-regulatory. It's unclear what specifically "self-reported vs. discovered" means. “Return to practice rates” is not a term we use in gathering statistics, and it's unclear what they mean by that term. Also, it is unclear what is meant by "studies or reports" other than the types of reports provided.
* Last, the number of Step 2 reviews that were upheld or rescinded are reported to the Health Professional Recovery Committee at their quarterly meetings, so that information would be in the meeting minutes available online. Link attached.
* In response to #1, you can review the Disciplinary Action Reports (link attached and documents attached - 2019 reports are not online) for this time frame and look for the desired "Basis for Action." You can then look up any individual licensees they wish on Verify a License (link attached) and download the disciplinary orders. You may also wish to review the yearly legislative reports; go to the link attached, MCL Reports, BPL Health Professional Disciplinary Reform Report. Under section 10 of the FOIA, MCL 15.240, the Department is obligated to inform you that you may do the following: 1)  Appeal this decision in writing to Appeals Officer Adam Sandoval, Department of Licensing and Regulatory Affairs, P.O. Box 30004, Lansing, MI 48909.  The writing must specifically state the word “appeal” and must identify the reason or reasons you believe the partial denial should be reversed.  The head of the Department or her designee must respond to your appeal within 10 business days of its receipt.  Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2)  Commence an action in the Court of Claims within 180 days after the date of the final determination to deny the request.  If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Please note: These records will be available in the FOIA Center for 365 calendar days; and will then be destroyed as required by the Department’s records and retention schedule.

If you have questions concerning this matter, please email us at larafoiainfo@michigan.gov.

To review a copy of LARA’s written public summary, procedures, and guidelines, please visit www.michigan.gov/larafoia.

Sincerely,
Andrea Moua
LARA FOIA Office

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