September 13, 2005, Introduced by Reps. Murphy, Byrum, Zelenko, Kathleen Law, Anderson, Vagnozzi, Bieda, Newell, Vander Veen, Shaffer, Stahl, Lipsey, Meisner, Gonzales, Plakas, Gleason, Leland and Clack and referred to the Committee on Senior Health, Security, and Retirement.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16146, 16174, and 16245 (MCL 333.16146,
333.16174, and 333.16245), section 16146 as amended by 1988 PA 462,
section 16174 as amended by 2002 PA 643, and section 16245 as
amended by 1998 PA 109.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16146. (1) A board shall grant a license or registration
to an applicant meeting the requirements for the license or
registration as prescribed in this article and the rules
promulgated under this article.
(2) A board which grants licenses may:
(a) Certify licensees in those health profession specialty
fields within its scope of practice which are established in this
article.
(b) Reclassify licenses on the basis of a determination that
the addition or removal of conditions or restrictions is
appropriate.
(c) Upon good cause, request that a licensee or registrant
have a criminal history check conducted in accordance with section
16174(3).
Sec. 16174. (1) An individual who is licensed or registered
under this article shall meet all of the following requirements:
(a) Be 18 or more years of age.
(b) Be of good moral character.
(c) Have a specific education or experience in the health
profession or in a health profession subfield or health profession
specialty field of the health profession, or training equivalent,
or both, as prescribed by this article or rules of a board
necessary to promote safe and competent practice and informed
consumer choice.
(d) Have a working knowledge of the English language as
determined in accordance with minimum standards established for
that purpose by the department.
(e) Pay the appropriate fees as prescribed in this article.
(2) In addition to the requirements of subsection (1), an
applicant for licensure, registration, specialty certification, or
a health profession specialty subfield license under this article
shall meet all of the following requirements:
(a) Establish that disciplinary proceedings before a similar
licensure, registration, or specialty licensure or specialty
certification board of this or any other state, of the United
States military, of the federal government, or of another country
are not pending against the applicant.
(b) Establish that if sanctions have been imposed against the
applicant by a similar licensure, registration, or specialty
licensure or specialty certification board of this or any other
state, of the United States military, of the federal government, or
of another country based upon grounds that are substantially
similar to those set forth in this article or article 7 or the
rules promulgated under this article or article 7, as determined by
the board or task force to which the applicant applies, the
sanctions are not in force at the time of application.
(c) File with the board or task force a written, signed
consent to the release of information regarding a disciplinary
investigation involving the applicant conducted by a similar
licensure, registration, or specialty licensure or specialty
certification board of this or any other state, of the United
States military, of the federal government, or of another country.
(3) In addition to the requirements of subsections (1) and
(2), beginning January 1, 2006, an applicant for initial licensure
or registration or for renewal of a license or registration shall
submit a nominal fee as determined by the department but not to
exceed $2.00 for the processing of criminal history background
checks. Beginning January 1, 2006, an applicant for initial
licensure or registration shall submit his or her fingerprints to
the department of state police to have a criminal history check
conducted and request that the department of state police forward
his or her fingerprints to the federal bureau of investigation for
a national criminal history check. The department of state police
shall conduct a criminal history check and request the federal
bureau of investigation to make a determination of the existence of
any national criminal history pertaining to the applicant. The
department of state police shall provide the board and the
applicant with a written report of the criminal history check
including any criminal history record information on the applicant
maintained by the department of state police. The department of
state police shall forward the results of the federal bureau of
investigation determination to the board and the applicant. If
there are any charges for fingerprinting, conducting the criminal
history check, or a federal bureau of investigation determination
under this subsection, the applicant requesting the criminal
history check shall pay those charges. The criminal history record
information obtained under this subsection shall be used only for
the purpose of evaluating an applicant's qualifications for
licensure or registration for which he or she has applied. A member
of the board shall not disclose the report or its contents to any
person who is not directly involved in evaluating the applicant's
qualifications for licensure or registration.
(4) (3)
Before granting a license, registration, specialty
certification, or a health profession specialty field license to an
applicant, the board or task force to which the applicant applies
may do 1 of the following:
(a) Make an independent inquiry into the applicant's
compliance with the requirements described in subsection (2). If a
licensure or registration board or task force determines under
subsection (2)(b) that sanctions have been imposed and are in force
at the time of application, the board or task force shall not grant
a license or registration or specialty certification or health
profession specialty field license to the applicant.
(b) Require the applicant to secure from a national
association or federation of state professional licensing boards
certification of compliance with the requirements described in
subsection (2).
(5) (4)
If, after issuing a license, registration, specialty
certification, or health profession specialty field license, a
board or task force or the department determines that sanctions
have been imposed against the licensee or registrant by a similar
licensure or registration or specialty licensure or specialty
certification board as described in subsection (2)(b), the
disciplinary subcommittee may impose appropriate sanctions upon the
licensee or registrant. The licensee or registrant may request a
show cause hearing before a hearing examiner to demonstrate why the
sanctions should not be imposed.
(6) (5)
An applicant for licensure, registration, specialty
certification, or a health profession specialty field license who
is or has been licensed, registered, or certified in a health
profession or specialty by another state or country shall disclose
that fact on the application form.
Sec. 16245. (1) An individual whose license is limited,
suspended, or revoked under this part may apply to his or her board
or task force for a reinstatement of a revoked or suspended license
or reclassification of a limited license pursuant to section 16247
or 16249.
(2) An individual whose registration is suspended or revoked
under this part may apply to his or her board for a reinstatement
of a suspended or revoked registration pursuant to section 16248.
(3) A board or task force shall reinstate a license or
registration
suspended for grounds stated in section
16221(i)
16221(j) upon payment of the installment.
(4) Except as otherwise provided in this subsection, in case
of a revoked license or registration, an applicant shall not apply
for reinstatement before the expiration of 3 years after the
effective date of the revocation. In the case of a license or
registration that was revoked for a violation of section
16221(b)(vii), a violation of section 16221(c)(iv) consisting of a
felony conviction, any other felony conviction involving a
controlled
substance, or a violation of section
16221(p)
16221(q), an applicant shall not apply for reinstatement before the
expiration of 5 years after the effective date of the revocation.
The department shall return an application for reinstatement
received before the expiration of the applicable time period under
this subsection.
(5) The department shall provide an opportunity for a hearing
before final rejection of an application for reinstatement.
(6) Based upon the recommendation of the disciplinary
subcommittee for each health profession, the department shall adopt
guidelines to establish specific criteria to be met by an applicant
for reinstatement under this article or article 7. The criteria may
include corrective measures or remedial education as a condition of
reinstatement. If a board or task force, in reinstating a license
or registration, deviates from the guidelines adopted under this
subsection, the board or task force shall state the reason for the
deviation on the record.
(7) An individual who seeks reinstatement or reclassification
of a license or registration pursuant to this section shall pay the
application processing fee as a reinstatement or reclassification
fee. If approved for reinstatement or reclassification, the
individual shall pay the per year license or registration fee for
the applicable license or registration period.
(8) An individual who seeks reinstatement of a revoked or
suspended license or reclassification of a limited license pursuant
to this section shall have a criminal history check conducted in
accordance with section 16174 and submit a copy of the results of
the background check to the board with his or her application for
reinstatement or reclassification.