HOUSE BILL No. 4989


     June 26, 2001, Introduced by Reps. Hardman and McConico and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1979 PA 218, entitled

   "Adult foster care facility licensing act,"

   by amending section 11 (MCL 400.711), as amended by 1992 PA 176.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 11.  (1) The director, the director's agent, or person-

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      nel of another department or agency, acting at the request of the

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      director, may enter upon the premises of an applicant or licensee

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      at a reasonable time to make  inspections  AN INSPECTION, as per-

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      mitted by applicable law, to determine whether the applicant or

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      licensee is complying with this act and the rules promulgated

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      under this act.   On-site inspections  AN ON-SITE INSPECTION may

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      be conducted without prior notice to the adult foster care

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      facility.  A health and sanitation inspection of an adult foster

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      care facility shall be conducted upon the request of the

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      department by 1 of the following:


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           (a) Department staff.

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           (b) The department of  public health  CONSUMER AND INDUSTRY

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      SERVICES.

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           (c) A local health department.

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           (2) The OFFICE OF FIRE SAFETY OF THE department of  public

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      health, the fire marshal division of the department of state

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      police  CONSUMER AND INDUSTRY SERVICES, or local authorities, in

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      carrying out this act, may visit an adult foster care facility

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      more often than annually to advise in matters affecting health or

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      fire protection.   Inspections  AN INSPECTION shall be made as

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      permitted by law.

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           (3) An adult foster care facility shall be inspected for

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      fire safety by 1 of the following:

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           (a) Department staff, if the facility is licensed or pro-

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      posed to be licensed for 6 or fewer adults.  The department may

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      request that a fire safety inspection be completed or caused to

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      be completed by the  state fire marshal  OFFICE OF FIRE SAFETY,

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      for a facility licensed or proposed to be licensed for 6 or fewer

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      adults,  when such an  IF THE inspection would result in the

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      efficient administration of this act.

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           (b) The  state fire marshal  OFFICE OF FIRE SAFETY or the

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      designated representative of the  state fire marshal  OFFICE OF

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      FIRE SAFETY, if the facility is licensed or proposed to be

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      licensed for more than 6 adults.  The  state fire marshal  OFFICE

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      OF FIRE SAFETY shall inspect or cause to be inspected for fire

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      safety an adult foster care facility licensed or proposed to be

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      licensed for 6 or fewer adults upon request by the department.



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      The  state fire marshal  OFFICE OF FIRE SAFETY may contract with

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      the fire marshal of a city having a population of not less than

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       1,000,000  750,000 to inspect AN adult foster care 
   facilities

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      FACILITY licensed or proposed to be licensed for more than 6

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      adults if the facility is located within that city.  The fire

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      marshal of a city shall conduct an inspection in compliance with

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      procedures established and on forms provided by the  state fire

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      marshal  OFFICE OF FIRE SAFETY.

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           (4) Except as provided in subsection (3)(b) and section

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      10(2), the inspector shall administer and enforce the rules

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      promulgated by the department.

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           (5) Upon receipt of a request from an adult foster care

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      facility for certification of a specialized program for develop-

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      mentally disabled or mentally ill adults, the department of

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       mental  COMMUNITY health shall inspect the facility to determine

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      whether the proposed specialized program conforms with the

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      requirements of applicable law and rules.  The department of

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       mental  COMMUNITY health shall provide the department with an

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      inspection report and a certification, denial of certification,

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      or certification with limited terms for the proposed specialized

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      program.  The department of  mental  COMMUNITY health shall rein-

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      spect a certified specialized program not less than once bienni-

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      ally and notify the department  of social services  in the same

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      manner as for the initial certification.  In carrying out this

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      subsection, the department of  mental  COMMUNITY health may con-

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      tract with a county community mental health board or any other

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      agency for services.



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           (6)  Inspection reports  AN INSPECTION REPORT required by

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      this section shall be furnished to the department and shall be

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      used in the evaluation for licensing of an adult foster care

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      facility.  The department shall consider the  reports  REPORT

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      carefully and may make A special  consultations  CONSULTATION if

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      necessary.  The department  shall be  IS responsible for the

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      final determination of the issuance, denial, or revocation and

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      the temporary or provisional nature of a license issued to an

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      adult foster care facility.  A report of the department's find-

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      ings shall be furnished to the licensee or applicant.

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           (7) The inspection reports required by this section shall be

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      available for public inspection during reasonable business

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      hours.































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