February 1, 2005, Introduced by Senator HAMMERSTROM and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16263 (MCL 333.16263), as amended by 2004 PA
97, and by adding section 16336 and part 179.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16263. (1) Except as provided in subsection (2), the
following words, titles, or letters or a combination thereof, with
or without qualifying words or phrases, are restricted in use only
to those persons authorized under this article to use the terms and
in a way prescribed in this article:
(a) "Chiropractic", "doctor of chiropractic", "chiropractor",
"d.c.", and "chiropractic physician".
(b) "Dentist", "doctor of dental surgery", "oral and
maxillofacial surgeon", "orthodontist", "prosthodontist",
"periodontist", "endodontist", "oral pathologist", "pediatric
dentist", "dental hygienist", "registered dental hygienist",
"dental assistant", "registered dental assistant", "r.d.a.",
"d.d.s.", "d.m.d.", and "r.d.h.".
(c) "Doctor of medicine" and "m.d.".
(d) "Physician's assistant" and "p.a.".
(e) "Registered professional nurse", "registered nurse",
"r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",
"nurse anesthetist", "nurse practitioner", "trained attendant", and
"t.a.".
(f) "Doctor of optometry", "optometrist", and "o.d.".
(g) "Osteopath", "osteopathy", "osteopathic practitioner",
"doctor of osteopathy", "diplomate in osteopathy", and "d.o.".
(h) "Pharmacy", "pharmacist", "apothecary", "drugstore",
"druggist", "medicine store", "prescriptions", and "r.ph.".
(i) "Physical therapy", "physical therapist",
"physiotherapist", "registered physical therapist", "licensed
physical therapist", "physical therapy technician", "p.t.",
"r.p.t.", "l.p.t.", and "p.t.t.".
(j) "Chiropodist", "chiropody", "chiropodical", "podiatry",
"podiatrist", "podiatric", "doctor of podiatric medicine", "foot
specialist", "podiatric physician and surgeon", and "d.p.m.".
(k) "Consulting psychologist", "psychologist", "psychological
assistant", "psychological examiner", "licensed psychologist", and
"limited licensed psychologist".
(l) "Licensed professional counselor", "licensed counselor",
"professional counselor", and "l.p.c.".
(m) "Sanitarian", "registered sanitarian", and "r.s.".
(n) Until July 1, 2005, "social worker", "certified social
worker", "social work technician", "s.w.", "c.s.w.", and "s.w.t.".
Beginning July 1, 2005, "social worker", "licensed master's social
worker", "licensed bachelor's social worker", "registered social
service technician", "social service technician", "l.m.s.w.",
"l.b.s.w.", and "r.s.s.t.".
(o) "Veterinary", "veterinarian", "veterinary doctor",
"veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",
"d.v.m.", "animal technician", or "animal technologist".
(p) "Occupational therapist", "occupational therapist
registered", "certified occupational therapist", "o.t.", "o.t.r.",
"c.o.t.", "certified occupational therapy assistant", "occupational
therapy assistant", or "c.o.t.a.".
(q) "Marriage advisor" or "marriage consultant"; "family
counselor", "family advisor", "family therapist", or "family
consultant"; "family guidance counselor", "family guidance
advisor", or "family guidance consultant"; "marriage guidance
counselor", "marriage guidance advisor", or "marriage guidance
consultant"; "family relations counselor"; "marriage relations
counselor", "marriage relations advisor", or "marriage relations
consultant"; "marital counselor" or "marital therapist"; "limited
licensed marriage and family therapist" or "limited licensed
marriage counselor"; "licensed marriage and family therapist" or
"licensed marriage counselor"; and "l.m.f.t.".
(r) "Nursing home administrator".
(s) "Respiratory therapist", "respiratory care practitioner",
"licensed respiratory therapist", "licensed respiratory care
practitioner", "r.t.", "r.c.p.", "l.r.t.", and "l.r.c.p.".
(t) "Audiometrist", "audiologist", "hearing therapist",
"hearing aid audiologist", "educational audiologist", "industrial
audiologist", and "clinical audiologist".
(u) "Athletic trainer", "licensed athletic trainer",
"certified athletic trainer", "athletic trainer certified", "a.t.",
"a.t.l.", "c.a.t.", and "a.t.c.".
(2) Notwithstanding section 16261, a person who was specially
trained at an institution of higher education in this state to
assist a physician in the field of orthopedics and upon completion
of training, received a 2-year associate of science degree as an
orthopedic physician's assistant before January 1, 1977, may use
the title "orthopedic physician's assistant" whether or not the
person is licensed under this article.
Sec. 16336. Fees for a person licensed or seeking licensure as
an athletic trainer under part 179 are as follows:
(a) Application processing fee......................... $ 20.00.
(b) License fee, per year.............................. $ 60.00.
PART 179.
ATHLETIC TRAINING
Sec. 17901. (1) As used in this part:
(a) "Athletic injury" means an injury sustained by an
individual as a result of that individual's participation in
activities requiring physical strength, agility, flexibility, range
of motion, speed, and stamina.
(b) "Athletic trainer" means an individual engaged in the
practice of athletic training.
(c) "Physician" means an individual licensed under this
article to engage in the practice of medicine or osteopathic
medicine and surgery.
(d) "Practice of athletic training" means the prevention,
assessment, treatment, and rehabilitation of athletic injuries
under the direction and supervision of a physician.
(2) In addition to the definitions in this part, article 1
contains general definitions and principles of construction
applicable to all articles in this code and part 161 contains
definitions applicable to this part.
Sec. 17902. (1) Beginning on the effective date of the rules
promulgated under section 17904, a person shall not engage in the
practice of athletic training unless licensed under this part or
not prohibited from engaging in the practice of athletic training
under subsection (2).
(2) Subsection (1) does not prohibit an individual licensed
under any other part or any other act from performing activities
under the scope of practice of athletic training so long as the
individual does not use the titles protected under subsection (3).
(3) Beginning on the effective date of the rules promulgated
under section 17904, an individual shall not use the titles
"athletic trainer", "licensed athletic trainer", "certified
athletic trainer", "athletic trainer certified", "a.t.", "a.t.l.",
"c.a.t.", "a.t.c.", or similar words that indicate that the person
is an athletic trainer unless the individual is licensed under this
article as an athletic trainer.
Sec. 17903. The Michigan athletic trainer board is created in
the department and shall consist of 7 members meeting the
requirements of part 161, 3 of whom are public members.
Sec. 17904. (1) The department shall promulgate rules
establishing the minimum standards for licensure as an athletic
trainer under this part.
(2) In promulgating the rules required under this section, the
department may consult the professional standards issued by the
national athletic trainer's association, by the national athletic
trainer's association board of certification, or by another
nationally recognized professional association. The department may
incorporate by reference, in whole or in part, existing standards
in the rules.
(3) As needed, the department may amend or supplement any
standards by promulgation of a rule.
Sec. 17905. (1) The department shall issue a license under
this article as an athletic trainer to an individual who meets all
of the following requirements:
(a) Applies to the department on a form provided by the
department.
(b) Meets the requirements for licensure promulgated pursuant
to section 17904.
(c) Pays the fees prescribed in section 16336.
(2) The department shall promulgate rules to provide for at
least 8 clock hours of continuing education within each 3-year
license cycle in subjects related to athletic training and approved
by the department.
Sec. 17906. (1) A license issued by the department under
section 17905 shall be for a 3-year license cycle. The license is
renewable upon payment of the prescribed license renewal fee and,
beginning with the third year after the effective date of the rules
promulgated under section 17905(2), submission to the department of
proof of satisfactory completion of at least 8 clock hours of
continuing education within the 3-year license cycle in subjects
related to athletic training and approved by the department.
(2) In addition to the continuing education requirements of
subsection (1), an athletic trainer shall submit along with his or
her application for license renewal proof satisfactory to the
department of both of the following:
(a) That he or she has successfully completed a course of
training in first aid, cardiopulmonary resuscitation, and foreign
body obstruction of the airway approved by the department and
offered or approved by the American red cross, the American heart
association, or a comparable organization, as determined by the
department.
(b) That he or she holds, at the time of application for
renewal and at all times during the previous license period, a
valid certification in first aid and cardiopulmonary resuscitation
issued by the organization offering the training.
Sec. 17907. This part does not require new or additional third
party reimbursement for services rendered by an individual licensed
under this part.