HOUSE BILL No. 6184 September 23, 1998, Introduced by Rep. Richner and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131, 16205, and 16263 (MCL 333.16131, 333.16205, and 333.16263), sections 16131 and 16263 as amended by 1995 PA 126 and section 16205 as amended by 1986 PA 290, by adding section 16322 and part 165. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16131. The terms of office of individual members of 2 the boards and task forces, except those appointed to fill vacan- 3 cies,shallexpire 4 years after appointment as follows: 4 Nursing June 30 5 Optometry June 30 6 Pharmacy June 30 7 Podiatric medicine and surgery June 30 00068'97 CPD 2 1 Dentistry June 30 2 Chiropractic December 31 3 Counseling June 30 4 INDUSTRIAL HYGIENE JUNE 30 5 Marriage and family therapy June 30 6 Medicine December 31 7 Occupational therapists December 31 8 Osteopathic medicine and surgery December 31 9 Physical therapy December 31 10 Psychology December 31 11 Sanitarians December 31 12 Veterinary medicine December 31 13 Sec. 16205. (1) A boardwhichTHAT requires evidence of 14 attendance at educational programs as a condition to license OR 15 REGISTRATION renewal may waive those requirements if, upon writ- 16 ten application, the board finds the failure of the licensee OR 17 REGISTRANT to attend was due tothe licensee'sdisability, mil- 18 itary service, absence from the continental United States, or a 19 circumstance beyondtheHIS OR HER controlof the licensee20whichTHAT the board considers good and sufficient. 21 (2) A board may promulgate rules to establish a system of 22 assessing the continued competence of licensees OR REGISTRANTS as 23 a condition of periodic license OR REGISTRATION renewal. 24 Sec. 16263. (1) Except as provided in subsection (2), the 25 following words, titles, or letters or a combination thereof, 26 with or without qualifying words or phrases, are restricted in 00068'97 3 1 use only to those persons authorized under this article to use 2 the terms and in a way prescribed in this article: 3 (a) "Chiropractic", "doctor of chiropractic", 4 "chiropractor", "d.c.", and "chiropractic physician". 5 (b) "Dentist", "doctor of dental surgery", "oral and maxil- 6 lofacial surgeon", "orthodontist", "prosthodontist", 7 "periodontist", "endodontist", "oral pathologist", "pediatric 8 dentist", "dental hygienist", "registered dental hygienist", 9 "dental assistant", "registered dental assistant", "R.D.A.", 10 "d.d.s.", "d.m.d.", and "r.d.h.". 11 (c) "Doctor of medicine" and "m.d.". 12 (d) "Physician's assistant" and "p.a.". 13 (e) "Registered professional nurse", "registered nurse", 14 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife", 15 "nurse anesthetist", "nurse practitioner", "trained attendant", 16 and "t.a.". 17 (f) "Doctor of optometry", "optometrist", and "o.d.". 18 (g) "Osteopath", "osteopathy", "osteopathic practitioner", 19 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.". 20 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore", 21 "druggist", "medicine store", "prescriptions", and "r.ph.". 22 (i) "Physical therapy", "physical therapist", 23 "physiotherapist", "registered physical therapist", "licensed 24 physical therapist", "physical therapy technician", "p.t.", 25 "r.p.t.", "l.p.t.", and "p.t.t.". 00068'97 4 1 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry", 2 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot 3 specialist", "podiatric physician and surgeon", and "d.p.m.". 4 (k) "Consulting psychologist", "psychologist", 5 "psychological assistant", and "psychological examiner", 6 "licensed psychologist", and "limited licensed psychologist". 7 (l) "Licensed professional counselor", "licensed counselor", 8 "professional counselor", and "l.p.c.". 9 (m) "Sanitarian", "registered sanitarian", and "r.s.". 10 (n) "Veterinary", "veterinarian", "veterinary doctor", 11 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.", 12 "d.v.m.", "animal technician", or "animal technologist". 13 (o) "Occupational therapist", "occupational therapist 14 registered", "certified occupational therapist", "o.t.", 15 "o.t.r.", "c.o.t.", "certified occupational therapy assistant", 16 "occupational therapy assistant", or "c.o.t.a.". 17 (p) "Marriage advisor" or "marriage consultant"; "family 18 counselor", "family advisor", "family therapist", or "family 19 consultant"; "family guidance counselor", "family guidance 20 advisor", or "family guidance consultant"; "marriage guidance 21 counselor", "marriage guidance advisor", or "marriage guidance 22 consultant"; "family relations counselor"; "marriage relations 23 counselor", "marriage relations advisor", or "marriage relations 24 consultant"; "marital counselor" or "marital therapist"; "limited 25 licensed marriage and family therapist" or "limited licensed mar- 26 riage counselor"; "licensed marriage and family therapist" or 27 "licensed marriage counselor"; and "l.m.f.t.". 00068'97 5 1 (Q) "INDUSTRIAL HYGIENIST", "REGISTERED INDUSTRIAL 2 HYGIENIST", "I.H.", OR "R.I.H.". 3 (2) Notwithstanding section 16261, a person who was spe- 4 cially trained at an institution of higher education in this 5 state to assist a physician in the field of orthopedics and upon 6 completion of training, received a 2-year associate of science 7 degree as an orthopedic physician's assistant before January 1, 8 1977, may use the title "orthopedic physician's assistant" 9 whether or not the person is licensed under this article. 10 SEC. 16322. FEES FOR A PERSON REGISTERED OR SEEKING REGIS- 11 TRATION AS A REGISTERED INDUSTRIAL HYGIENIST UNDER PART 165 ARE 12 AS FOLLOWS: 13 (A) APPLICATION PROCESSING FEE...................... $20.00 14 (B) EXAMINATION FEE................................. $50.00 15 (C) REGISTRATION FEE, PER YEAR...................... $50.00 16 PART 165. INDUSTRIAL HYGIENE 17 SEC. 16501. (1) AS USED IN THIS PART: 18 (A) "INDUSTRIAL HYGIENE" MEANS THE SCIENCE AND PRACTICE 19 DEVOTED TO THE ANTICIPATION, RECOGNITION, EVALUATION, AND CONTROL 20 OF THOSE ENVIRONMENTAL FACTORS AND STRESSES ARISING IN OR FROM 21 THE WORKPLACE THAT MAY CAUSE SICKNESS, IMPAIRED HEALTH AND 22 WELL-BEING, OR SIGNIFICANT DISCOMFORT AMONG WORKERS AND MAY ALSO 23 IMPACT THE GENERAL PUBLIC. 24 (B) "INDUSTRIAL HYGIENIST" MEANS AN INDIVIDUAL WHO IS REGIS- 25 TERED AS AN INDUSTRIAL HYGIENIST UNDER THIS PART. 26 (2) IN ADDITION TO THE DEFINITIONS IN THIS PART, ARTICLE 1 27 CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION 00068'97 6 1 APPLICABLE TO ALL ARTICLES IN THE CODE, AND PART 161 CONTAINS 2 DEFINITIONS APPLICABLE TO THIS PART. 3 SEC. 16503. THIS PART DOES NOT APPLY TO A CERTIFIED, 4 LICENSED, OR STATUTORILY RECOGNIZED MEMBER OF ANOTHER PROFESSION 5 WHO PRACTICES HIS OR HER PROFESSION AS AUTHORIZED BY LAW, SO LONG 6 AS THE INDIVIDUAL DOES NOT HOLD HIMSELF OR HERSELF OUT AS AN 7 INDUSTRIAL HYGIENIST REGISTERED UNDER THIS ARTICLE. 8 SEC. 16511. (1) SUBJECT TO SUBSECTION (2), AFTER THE EFFEC- 9 TIVE DATE OF THE RULES PROMULGATED UNDER SECTION 16145, AN INDI- 10 VIDUAL SHALL NOT USE THE TITLE "INDUSTRIAL HYGIENIST" OR 11 "REGISTERED INDUSTRIAL HYGIENIST" UNLESS HE OR SHE IS REGISTERED 12 UNDER THIS ARTICLE, AND SHALL NOT USE THE TERM "INDUSTRIAL 13 HYGIENIST IN TRAINING" UNLESS HE OR SHE IS ENROLLED IN AN INDUS- 14 TRIAL HYGIENIST EDUCATION OR TRAINING PROGRAM APPROVED BY THE 15 BOARD. 16 (2) THE BOARD SHALL INCLUDE IN THE RULES PROMULGATED UNDER 17 SECTION 16145 EDUCATIONAL REQUIREMENTS FOR REGISTRATION UNDER 18 THIS PART INCLUDING, BUT NOT LIMITED TO, BOTH OF THE FOLLOWING 19 REQUIREMENTS, 1 OF WHICH MUST BE MET: 20 (A) A BACCALAUREATE DEGREE OR A GRADUATE DEGREE IN INDUS- 21 TRIAL HYGIENE, BIOLOGY, CHEMISTRY, ENGINEERING, PHYSICS, OR A 22 CLOSELY RELATED PHYSICAL OR BIOLOGICAL SCIENCE FROM AN ACCREDITED 23 COLLEGE OR UNIVERSITY APPROVED BY THE BOARD. 24 (B) A BACCALAUREATE DEGREE OR A GRADUATE DEGREE THAT 25 REQUIRES NOT LESS THAN 60 SEMESTER CREDIT HOURS IN UNDERGRADUATE 26 OR GRADUATE LEVEL COURSES, RESPECTIVELY, IN A COMBINATION OF 00068'97 7 1 SCIENCE, MATHEMATICS, ENGINEERING, AND TECHNOLOGY, WITH NOT LESS 2 THAN 15 OF THOSE HOURS AT THE JUNIOR, SENIOR, OR GRADUATE LEVEL. 3 SEC. 16521. THE MICHIGAN BOARD OF INDUSTRIAL HYGIENE IS 4 CREATED IN THE DEPARTMENT AND SHALL CONSIST OF THE FOLLOWING 5 5 VOTING MEMBERS WHO MEET THE REQUIREMENTS OF PART 161: 6 (A) THREE INDIVIDUALS WHO MEET THE REQUIREMENTS OF 7 SECTION 16135(2). 8 (B) TWO PUBLIC MEMBERS. 9 SEC. 16523. THE BOARD SHALL ISSUE A REGISTRATION TO AN 10 APPLICANT WHO MEETS THE REQUIREMENTS PRESCRIBED IN THE RULES 11 PROMULGATED UNDER SECTION 16145 AND PASSES AN EXAMINATION ADOPTED 12 AND CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE AND 13 ACCEPTED BY THE BOARD. 14 SEC. 16524. (1) IN PROMULGATING RULES THAT ESTABLISH 15 REQUIREMENTS FOR REGISTRATION UNDER SECTION 16145, THE BOARD MAY 16 ADOPT BY REFERENCE REQUIREMENTS SET BY THE AMERICAN BOARD OF 17 INDUSTRIAL HYGIENE OR ITS SUCCESSOR ORGANIZATION. THE BOARD 18 SHALL NOT PROMULGATE RULES THAT DIMINISH COMPETITION OR EXCEED 19 THE MINIMUM LEVEL OF REGULATION NECESSARY TO PROTECT THE PUBLIC. 20 (2) FOR A PERIOD NOT TO EXCEED 2 YEARS AFTER THE EFFECTIVE 21 DATE OF THE RULES PROMULGATED UNDER SECTION 16145 TO ESTABLISH 22 REQUIREMENTS FOR REGISTRATION UNDER THIS PART, THE BOARD SHALL 23 GRANT A CERTIFICATE OF REGISTRATION WITHOUT EXAMINATION TO AN 24 INDIVIDUAL WHO HAS BEEN AN INDUSTRIAL HYGIENIST IN THIS STATE FOR 25 A MINIMUM OF 3 OUT OF THE 5 YEARS IMMEDIATELY PRECEDING THE DATE 26 OF THE INDIVIDUAL'S APPLICATION FOR REGISTRATION. HOWEVER, THE 27 BOARD SHALL NOT RENEW A REGISTRATION ISSUED UNDER THIS SUBSECTION 00068'97 8 1 UNLESS THE APPLICANT MEETS ALL OF THE REQUIREMENTS FOR 2 REGISTRATION PRESCRIBED IN THE RULES PROMULGATED UNDER SECTION 3 16145 AND PASSES THE EXAMINATION REQUIRED UNDER SECTION 16523. 4 SEC. 16527. (1) THE BOARD SHALL PROMULGATE RULES TO ESTAB- 5 LISH A SYSTEM OF ASSESSING THE CONTINUED COMPETENCE OF REGIS- 6 TRANTS AS A CONDITION OF REGISTRATION RENEWAL. 7 (2) THE BOARD SHALL REQUIRE, AT A MINIMUM, AS PART OF THE 8 RULES PROMULGATED UNDER SUBSECTION (1), THAT EACH REGISTRANT COM- 9 PLETE NOT LESS THAN 30 HOURS OF CONTINUING EDUCATION EACH RENEWAL 10 PERIOD. THE BOARD SHALL ENFORCE THE CONTINUING EDUCATION 11 REQUIREMENT OF THIS SUBSECTION BEGINNING THE SECOND RENEWAL 12 PERIOD AFTER THE EFFECTIVE DATE OF THIS PART. 00068'97 Final page. CPD