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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



Opinion No. 6303

June 19, 1985


Eligibility for appointment as member of board of person with prior service

A medical physician who has served two full terms, one on the Board of Medicine and one on the predecessor board, is eligible to serve one additional partial term upon the Board of Medicine by appointment of the Governor by and with the advice of the Senate to fill a vacancy for an unexpired term.

Honorable William A. Sederburg

State Senator

805 Farnum Building

Lansing, Michigan 48909

You have requested my opinion on whether a medical physician first appointed under the provisions of the repealed Medical Practice Act to a 4-year term on the medical practice board on October 1, 1975, and reappointed to a second term which expired December 31, 1983, is eligible for appointment to a whole or partial term.

MCL 333.16122; MSA 14.15(16122), and MCL 333.16131; MSA 14.15(16131), govern appointments to state health licensing boards. MCL 333.16122; MSA 14.15(16122), provides:

'Except as otherwise provided in this part, the term of office of members of . . . a board . . . shall be 4 years, commencing on the day after the date prescribed in section 16131 and terminating on the prescribed date. A member shall not serve more than 2 terms and 1 partial term, consecutive or otherwise, including service on a predecessor . . . board, . . . However, a member serving when this section takes effect may complete the term to which the member was appointed.' (Emphasis added.)

MCL 333.16131; MSA 14.15(16131), in pertinent part, provides:

'The terms of office of individual members of the . . . boards . . . except those appointed to fill vacancies, shall expire 4 years after appointment as follows:

'Medicine December 31'

Where statutory language is clear and unambiguous on its face, no further interpretation is necessary. Owendale-Gagetown School Dist v. State Bd of Educ, 413 Mich 1; 317 NW2d 529 (1982). The words are to be given their ordinary meaning. American Telephone & Telegraph Co v Employment Security Commission, 376 Mich 271; 136 NW2d 889 (1965); Automotive Service Councils of Michigan v Secretary of State, 82 Mich App 574, 601; 267 NW2d 698, 711, lv den 403 Mich 810 (1978).

The physician in question has already served two terms, one on the predecessor board and one on the Board of Medicine. Under MCL 333.16122; MSA 14.15(16122), his appointment and service on the predecessor board are included in calculating this physician's two terms of service. Although he has served two full terms, he is not precluded from serving an additional partial term created by appointment to fill a vacancy in the office of member for an unexpired term. This language is clear and unambiguous and would encompass serving nonconsecutive terms on the board.

It is my opinion, therefore, that the physician in question may be reappointed to the Board of Medicine to serve a partial unexpired term, even though his first appointment was made to the predecessor board and he has not served on the Board of Medicine since December 1983.

Frank J. Kelley

Attorney General

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