HOUSE BILL No. 4882


     September 28, 1999, Introduced by Reps. Vear, Rick Johnson, Allen, Rocca and Spade
and referred to the Committee on Regulatory Reform.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending sections 21741 and 21795 (MCL 333.21741 and

   333.21795).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  21741.  (1) The department of  public health
              CONSUMER

 2    AND INDUSTRY SERVICES, after seeking advice and consultation from

 3    the department of  social services  COMMUNITY
             HEALTH, appropriate

 4    consumer and professional organizations, and concerned agencies,

 5    shall promulgate rules to implement and administer this part.

 6          (2) Initial rules proposed under this part shall be
             submit-

 7     ted to a public hearing not later than 6 months after this
                       sec-

 8     tion is enacted into law. 

 9         (2)  (3)  In addition to the rules 
             prescribed in  REQUIRED

10    TO BE PROMULGATED UNDER section 20171, THE DEPARTMENT OF CONSUMER


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 1    AND INDUSTRY SERVICES SHALL PROMULGATE rules for nursing homes

 2     shall include the establishment of  THAT ESTABLISH
             standards

 3    relating to ALL OF THE FOLLOWING:

 4         (a) Complaint procedures.

 5         (b) Discharges and transfers.

 6         (c) Emergency procedures.

 7         (d) Medical audit procedures.

 8         (e) Patients' rights.

 9         (f) Standards of patient care to be provided in nursing

10    homes.

11         (g) Training, educational, and competency requirements of

12    nursing home personnel other than licensed personnel.  IF THE

13    RULES PROMULGATED UNDER THIS SUBDIVISION INCLUDE TRAINING

14    REQUIREMENTS FOR UNLICENSED NURSING HOME PERSONNEL WHO ARE NURSE

15    AIDES, THE DEPARTMENT SHALL REVISE THE RULES PROMULGATED UNDER

16    THIS SUBDIVISION GOVERNING THE APPROVAL OF NURSE AIDE TRAINING

17    AND COMPETENCY EVALUATION PROGRAMS TO REQUIRE 45 CLOCK HOURS OF

18    TRAINING IN ADDITION TO THE 75 HOURS OF TRAINING REQUIRED UNDER

19    42 C.F.R. 483.152.

20         (h) Utilization and quality control review procedures.

21         Sec.  21795.  (1)  The  SUBJECT TO SUBSECTION
             (4), THE

22    department, in consultation and with the advice of the Michigan

23    board of nursing and appropriate consumer and professional organ-

24    izations, shall  develop by rule  PROMULGATE RULES
             TO DEVELOP

25    minimum criteria for the education and training  for
              OF unli-

26    censed nursing personnel in  facilities designated in this
             part 

27    NURSING HOMES.



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 1         (2)  This section shall not be construed to be
              MEETING THE

 2    EDUCATION AND TRAINING CRITERIA CONTAINED IN THE RULES PROMUL-

 3    GATED UNDER SUBSECTION (1) IS NOT a prerequisite for employment

 4    of unlicensed nursing personnel in a nursing home.

 5         (3) During  the annual licensing inspection 
             EACH PERIODIC

 6    VISIT CONDUCTED BY THE DEPARTMENT UNDER SECTION 20155, the

 7    department shall, and during other inspections the department

 8    may, conduct random competency examinations to determine whether

 9    the requirements of  this section  THE RULES
             PROMULGATED UNDER

10    SUBSECTION (1) are being met.  The department shall promulgate

11    rules to administer this subsection.

12         (4) THE DEPARTMENT SHALL REVISE THE RULES PROMULGATED UNDER

13    SUBSECTION (1) GOVERNING THE APPROVAL OR NURSE AIDE TRAINING AND

14    COMPETENCY EVALUATION PROGRAMS TO REQUIRE 45 CLOCK HOURS OF

15    TRAINING IN ADDITION TO THE 75 CLOCK HOURS OF TRAINING REQUIRED

16    UNDER 42 C.F.R. 483.152.  THE DEPARTMENT SHALL SUBMIT THE RULES

17    REQUIRED UNDER THIS SUBSECTION FOR PUBLIC HEARING UNDER THE

18    ADMINISTRATIVE PROCEDURES ACT OF 1969 WITHIN 90 DAYS AFTER THE

19    EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.



















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