Michigan Attorney General Files Criminal Charges Related to Healthcare Professionals

Posted by donna@healthlawcenterplc.com in Feb, 2023

In the past week, Michigan’s Attorney General has filed criminal charges related to healthcare professionals in Michigan.  While the facts of these two cases are summarized below it should be emphasized that criminal charges are allegations of wrongdoing and that defendants are presumed innocent unless and until proven guilty.  The Health Law Center will be following these cases as they move through the courts.

Placing Misleading or Inaccurate Information in a Medical Record –  Since 1986 Michigan law has made it  criminal to place misleading or inaccurate information in a medical record regarding a patient’s diagnosis, treatment or cause of a patient’s condition.  Depending on whether such documentation is done by a healthcare professional or by another person, at the direction of the healthcare professional, and whether such documentation was done intentionally, willfully, or recklessly will determine if such violation is considered a misdemeanor or a felony.

In this most recent case, a licensed practical nurse who worked at Medilodge of Gaylord has been charged with intentionally altering medication administration records to hide the fact that certain doses of medications were not accounted for.  Because the alleged action was done intentionally by the licensed practical nurse she may be subject to a five-year sentence.  To learn more about this action, go to: https://www.michigan.gov/ag/news/press-releases/2023/01/25/attorney-general-charges-nurse-for-falsifying-patient-records

Unauthorized Practice of a Health Profession – A women accused of posing as a board-certified therapist at the Oxford Recovery Center in Brighton has been charged with the unauthorized practice of a health profession, identity theft, and witness intimidation.  Both the unauthorized practice of a health profession and identity theft are felonies in Michigan. In 2018 the accused obtained employment at Oxford Recovery Center as a licensed therapist, which she was not. It is alleged she provided false university degrees and a certification number of another state to conceal her lack of certification in the State of Michigan.  To learn more about this action, go to: https://www.michigan.gov/ag/news/press-releases/2023/02/02/oakland-county-woman-to-stand-trial-on-unauthorized-practice-of-a-health-profession

Takeaways – These criminal actions serve as a reminder that employers must do their due diligence in hiring healthcare professionals to ensure that they are appropriately trained and licensed.  Inservices should be provided to healthcare professionals regarding the criminal sanctions for intentionally placing misleading information in a patient’s record.  Should you have any questions about these cases or best practices for healthcare professionals, feel free to contact Donna J. Craig, RN, JD at The Health Law Center.