The mechanism by which an MSP can correct an incorrectstatement, made in either the main chamber or one of the committees, was introduced in Holyrood in October last year.
But the First Minister's office said Mr Heyward's statement was incorrect and the assembly government would have "no legal recourse to seek re-payment of the grant".
The motion cites a sworn statement by echocardiogram technician Marti McCulloch that Fleming instructed her to use an incorrect technique for measuring atrial regurgitation, a key component of fen-phen claims.