Former charter management honcho (and incarcerated felon) Steven J. Ingersoll has been stripped of his license to practice optometry by the State of Michigan's Department of Licensing and Regulatory Affairs.
The “summary suspension” was imposed on March 27, 2017.
A summary suspension is a procedure under the Administrative Protection Act (APA) where the Michigan Department of Licensing & Regulation (LARA) immediately suspends a health professional’s license without a hearing or the opportunity for the health professional to defend his or her license.
Ordinarily, once you have a physician, pharmacist, nurse’s license, or even an optometry license, LARA must accord substantive due process, including a right to a hearing before a tribunal, before a licensed can be sanctioned.
However, there is one major exception called a “Summary Suspension” of a license.
In a nutshell, a health professional board (in Ingersoll's case, the Michigan Optometry Board) can immediately suspend a health professional’s license when there is an imminent danger to the public’s health, safety and welfare.
Imminent danger means an immediate, real threat to the public safety.
Section 16233(5) of the Michigan Public Health Code mandates the Department of Licensing and Regulatory Affairs to find that the public health, safety, and welfare requires emergency action if a licensee or registrant is convicted of a felony, a misdemeanor punishable by imprisonment for a maximum of two years, or a misdemeanor involving the illegal delivery, possession, or use of a controlled substance.
A summarily suspended licensee has a right to petition for the dissolution of the summary suspension and an expedited hearing.
Ingersoll has 30 days to respond.
(Who's going to break the news to Ingersoll's three stooges: Harger, Habermehl and Noss?)