HOUSE BILL No. 5103 September 26, 2001, Introduced by Rep. Birkholz and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16105, 16106, 16108, 16109, 16128, 16163, 16174, 16186, 16261, 16323, 16327, 16608, 16624, 17210, and 17221 (MCL 333.16105, 333.16106, 333.16108, 333.16109, 333.16128, 333.16163, 333.16174, 333.16186, 333.16261, 333.16323, 333.16327, 333.16608, 333.16624, 333.17210, and 333.17221), section 16106 as amended by 1997 PA 153, sections 16108 and 16186 as amended and sections 16323 and 16327 as added by 1993 PA 80, section 16109 as amended by 1991 PA 58, section 16174 as amended by 1998 PA 227, sections 16608 and 16624 as amended by 1990 PA 216, and section 17221 as amended by 1993 PA 79. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16105. (1) "Health occupation" means a health related 2 vocation, calling, occupation, or employment performed by 04521'01 CPD 2 1individualsAN INDIVIDUAL whether or not THE INDIVIDUAL IS 2 licensed or registered under this article. 3 (2) "Health profession" means a vocation, calling, occupa- 4 tion, or employment performed byindividualsAN INDIVIDUAL 5 acting pursuant to a license or registration issued under this 6 article. 7 (3) "Health profession specialty field" means an area of 8 practice established under this articlewhichTHAT is within 9 the scope of activities, functions, and duties of a licensed 10 health profession andwhichTHAT requires advanced education 11 and training beyond that required for initial licensure. 12 (4) "HEALTH PROFESSION SPECIALTY FIELD LICENSE" MEANS AN 13 AUTHORIZATION TO USE A TITLE ISSUED TO A LICENSEE WHO HAS MET 14 QUALIFICATIONS ESTABLISHED BY A BOARD FOR REGISTRATION IN A 15 HEALTH PROFESSION SPECIALTY FIELD. AN INDIVIDUAL WHO HOLDS A 16 SPECIALTY CERTIFICATION ON THE EFFECTIVE DATE OF THE AMENDATORY 17 ACT THAT ADDED THIS SUBSECTION IS CONSIDERED TO HOLD A HEALTH 18 PROFESSION SPECIALTY FIELD LICENSE AND MAY OBTAIN RENEWAL OF THE 19 HEALTH PROFESSION SPECIALTY FIELD LICENSE ON THE EXPIRATION DATE 20 OF THE SPECIALTY CERTIFICATION. 21 (5)(4)"Health profession subfield" means an area of 22 practice established under this article which is within the scope 23 of the activities, functions, and duties of a licensed health 24 profession, and requires less comprehensive knowledge and skill 25 than is required to practice the full scope of the health 26 profession. 04521'01 3 1 Sec. 16106. (1) "Incompetence" means a departure from, or 2 failure to conform to, minimal standards of acceptable and 3 prevailing practice fortheA health profession, whether or not 4 actual injury to an individual occurs. 5 (2) "License", except as otherwise provided in this subsec- 6 tion, means an authorization issued under this article to prac- 7 tice where practice would otherwise be unlawful. License 8 includes an authorization to use a designated title which use 9 would otherwise be prohibited under this article and may be used 10 to refer to a health profession subfield license, limited 11 license, or a temporary license. For purposes of the definition 12 of "prescriber" contained in section 17708(2) only, license 13 includes an authorization issued under the laws of another state, 14 or the country of Canada, to practice in that state, or the coun- 15 try of Canada, where practice would otherwise be unlawful, and is 16 limited to a licensed doctor of medicine, a licensed doctor of 17 osteopathic medicine and surgery, or another licensed health pro- 18 fessional acting under the delegation and using, recording, or 19 otherwise indicating the name of the delegating licensed doctor 20 of medicine or licensed doctor of osteopathic medicine and 21 surgery. LICENSE DOES NOT INCLUDE A HEALTH PROFESSION SPECIALTY 22 FIELD LICENSE. 23 (3) "Licensee", as used in a part that regulates a specific 24 health profession, meansa personAN INDIVIDUAL to whom a 25 license is issued under that part, and as used in this part means 26 each licensee regulated by this article. 04521'01 4 1 (4) "Limitation" means an action by which a board imposes 2 restrictions or conditions, or both, on a license. 3 (5) "Limited license" means a license to which restrictions 4 or conditions, or both, as to scope of practice, place of prac- 5 tice, supervision of practice, duration of licensed status, or 6 type or condition of patient or client served are imposed by a 7 board. 8 Sec. 16108. (1) "Reclassification" means an action by a 9 disciplinary subcommittee by which restrictions or conditions, or 10 both, applicable to a license are added or removed. 11 (2) "Registration" means an authorization only for the use 12 of a designated title which use would otherwise be prohibited 13 under this article.ItREGISTRATION includesspecialty certi-14fication of a licenseeA HEALTH PROFESSION SPECIALTY FIELD 15 LICENSE. 16 (3) "Registrant" as used inanyA part that regulates the 17 use of a title means an individual to whom a registration or A 18 HEALTH PROFESSION specialtycertificationFIELD LICENSE is 19 issued under that part, and as used in this part means each reg- 20 istrant regulated by this article. 21 (4) "Reinstatement" means the granting of a license or cer- 22 tificate of registration, with or without limitations or condi- 23 tions, toa personAN INDIVIDUAL whose license or certificate 24 of registration has been suspended or revoked. 25 (5) "Relicensure" means the granting of a license toa26personAN INDIVIDUAL whose license has lapsed for failure to 27 renew the license within 60 days after the expiration date. 04521'01 5 1 (6) "Reregistration" means the granting of a certificate of 2 registration toa personAN INDIVIDUAL whose certificate of 3 registration has lapsed for failure to renew the certificate 4 within 60 days after the expiration date. 5 Sec. 16109.(1) "Specialty certification" means an autho-6rization to use a title by a licensee who has met qualifications7established by a board for registration in a health profession8specialty field.9 (1)(2)"Supervision", except as otherwise provided in 10 this article, means the overseeing of or participation in the 11 work of another individual by a health professional licensed 12 under this article in circumstances where at least all of the 13 following conditions exist: 14 (a) The continuous availability of direct communication in 15 person or by radio, telephone, or telecommunication between the 16 supervised individual and a licensed health professional. 17 (b) The availability of a licensed health professional on a 18 regularly scheduled basis to review the practice of the super- 19 vised individual, to provide consultation to the supervised indi- 20 vidual, to review records, and to further educate the supervised 21 individual in the performance of the individual's functions. 22 (c) The provision by the licensed supervising health profes- 23 sional of predetermined procedures and drug protocol. 24 (2)(3)"Task force" means a task force created by this 25 article. 26 (3)(4)"Temporary license" means a license of limited 27 duration granted to an applicant who has completed all 04521'01 6 1 requirements for licensure except an examination or other 2 required evaluation procedure. 3 Sec. 16128. (1) A health profession subfield task force 4 shall be composed of a majority of members licensed in the sub- 5 fields of the health professionwhichTHAT are created by this 6 article and shall include at least 1 licensed member from each of 7 the subfields of the health professionwhichTHAT is created by 8 this article. A health profession subfield task force shall 9 include at least 1 public member and 1 member of that profession 10 who holds a license other than a subfield license in that health 11 profession. 12 (2) A health profession specialty field task force shall be 13 composed of a majority of memberscertifiedREGISTERED in the 14 specialty fields of the health professionwhichTHAT are cre- 15 ated by this article. A health profession specialty field task 16 force shall include at least 1 public member and 1 member of that 17 health profession who is a member of the board. 18 Sec. 16163. A task force shall recommend to the board as 19 to: 20 (a) Determination of standards of education, training, and 21 experience required for practice in a health profession subfield 22 or forcertificationREGISTRATION in a health profession spe- 23 cialty field, and where appropriate, guidelines for approval of 24 educational programs for the HEALTH PROFESSION subfield or HEALTH 25 PROFESSION specialty field. 04521'01 7 1 (b) Qualifications required of applicants for licensure in 2 health profession subfields or forcertificationREGISTRATION 3 in health profession specialty fields. 4 (c) Evaluation of qualifications for initial and continuing 5 licensure of practitioners in health profession subfields or 6 HEALTH PROFESSION specialty fields. The evaluation may cover 7 assessment of educational credentials, work experience and 8 related training, and administration of tests and examinations. 9 (d) Guidelines for utilization of, and standards of practice 10 for, licensees in health profession subfields or REGISTRANTS IN 11 HEALTH PROFESSION specialty fields. 12 Sec. 16174. (1) An individual who is licensed or registered 13 under this article shall meet all of the following requirements: 14 (a) Be 18 or more years of age. 15 (b) Be of good moral character. 16 (c) Have a specific education or experience in the health 17 profession or in a HEALTH PROFESSION subfield or HEALTH 18 PROFESSION specialty field ofaTHE health profession, or 19 training equivalent, or both, as prescribed by this article or 20 rules of a board necessary to promote safe and competent practice 21 and informed consumer choice. 22 (d) Have a working knowledge of the English language as 23 determined in accordance with minimum standards established for 24 that purpose by the department. 25 (e) Pay the appropriate fees as prescribed in this article. 26 (2) In addition to the requirements of subsection (1), an 27 applicant for licensure, registration, or A HEALTH PROFESSION 04521'01 8 1 specialtycertificationSUBFIELD LICENSE under this article 2 shall meet all of the following requirements: 3 (a) Establish that disciplinary proceedings before a similar 4 licensure, registration, or specialty LICENSURE OR SPECIALTY cer- 5 tification board of this or any other state, of the United States 6 military, of the federal government, or of another country are 7 not pending against the applicant. 8 (b) Establish that if sanctions have been imposed against 9 the applicant by a similar licensure, registration, or specialty 10 LICENSURE OR SPECIALTY certification board of this or any other 11 state, of the United States military, of the federal government, 12 or of another country based upon grounds that are substantially 13 similar to those set forth in this article or article 7 or the 14 rules promulgated under this article or article 7, as determined 15 by the board or task force to which the applicant applies, the 16 sanctions are not in force at the time of application. 17 (c) File with the board or task force a written, signed con- 18 sent to the release of information regarding a disciplinary 19 investigation involving the applicant conducted by a similar 20 licensure, registration, or specialty LICENSURE OR SPECIALTY cer- 21 tification board of this or any other state, of the United States 22 military, of the federal government, or of another country. 23 (3) Before licensing, registering, orcertifyingISSUING A 24 HEALTH PROFESSION SPECIALTY FIELD LICENSE TO an applicant, the 25 board or task force to which the applicant applies may do 1 of 26 the following: 04521'01 9 1 (a) Make an independent inquiry into the applicant's 2 compliance with the requirements described in subsection (2). If 3 a licensure or registration board or task force determines under 4 subsection (2)(b) that sanctions have been imposed and are in 5 force at the time of application, the board or task force shall 6 not grant a license or registration or HEALTH PROFESSION spe- 7 cialtycertificationFIELD LICENSE to the applicant. 8 (b) Require the applicant to secure from a national associa- 9 tion or federation of state professional licensing boards certi- 10 fication of compliance with the requirements described in subsec- 11 tion (2). 12 (4) If, after issuing a license, registration, or 13certificationHEALTH PROFESSION SPECIALTY FIELD LICENSE, a 14 board or task force or the department determines that sanctions 15 have been imposed against the licensee or registrant by a similar 16 licensure or registration or SPECIALTY LICENSURE OR SPECIALTY 17 certification board as described in subsection (2)(b), the disci- 18 plinary subcommittee may impose appropriate sanctions upon the 19 licensee or registrant. The licensee or registrant may request a 20 show cause hearing before a hearing examiner to demonstrate why 21 the sanctions should not be imposed. 22 (5) An applicant for licensure, registration, or A HEALTH 23 PROFESSION specialtycertificationFIELD LICENSE who is or has 24 been licensed, registered, or certified in a health profession or 25 specialty by another state or country shall disclose that fact on 26 the application form. 04521'01 10 1 Sec. 16186. (1) An individual who is licensed to practice a 2 health profession in another state or who is registered in 3 another state or who holds A HEALTH PROFESSION SPECIALTY FIELD 4 LICENSE OR specialty certification from another state and who 5 applies for licensure, registration, or A HEALTH PROFESSION spe- 6 cialtycertificationFIELD LICENSE in this state may be granted 7 an appropriate license or registration OR HEALTH PROFESSION SPE- 8 CIALTY FIELD LICENSE upon satisfying the board or task force to 9 which the applicant applies as to all of the following: 10 (a) The applicant substantially meets the requirements of 11 this article and rules promulgated by a board or task force for 12 licensure, registration, or A HEALTH PROFESSION specialty 13certificationFIELD LICENSE. 14 (b) The applicant is licensed, registered, or SPECIALTY cer- 15 tified OR SPECIALTY LICENSED in another state that maintains 16 standards substantially equivalent to those of this state. 17 (2) Before licensing, registering, orcertifyingGRANTING 18 A HEALTH PROFESSION SPECIALTY FIELD LICENSE TO the applicant, the 19 board or task force to which the applicant applies may require 20 the applicant to appear personally before it for an interview to 21 evaluate the applicant's relevant qualifications. 22 Sec. 16261. (1)A personAN INDIVIDUAL who is not 23 licensed or registered under this article shall not use an insig- 24 nia, title, or letter, or a word, letter, or phrase singly or in 25 combination, with or without qualifying words, letters, or 26 phrases, under a circumstance to induce the belief that the 27personINDIVIDUAL is licensed or registered in this state, is 04521'01 11 1 lawfully entitled in this state to engage in the practice of a 2 profession regulated by this article, or is otherwise in compli- 3 ance with this article. 4 (2) An individual shall not announce or hold himself or her- 5 self out to the public as limiting his or her practice to, as 6 being specially qualified in, or as giving particular attention 7 to a health profession specialty field for which a board issues a 8 HEALTH PROFESSION specialtycertificationFIELD LICENSE, with- 9 out first having obtainedaTHE HEALTH PROFESSION specialty 10certificationfield license. 11 Sec. 16323. Fees fora personAN INDIVIDUAL licensed or 12 seeking licensure to practice as a dentist, dental assistant, or 13 dental hygienist under part 166 are as follows: 14 (a) Application processing fees: 15 (i) Dentist.............................................$ 20.00 16 (ii) Dental assistant................................... 10.00 17 (iii) Dental hygienist.................................. 15.00 18 (iv)DentalHEALTH PROFESSION specialty FIELD LICENSE 19 FOR A DENTIST....................................... 20.00 20 (b) Examination fees: 21 (i) Dental assistant's examination, complete............ 70.00 22 (ii) Dental assistant's examination, per part........... 35.00 23 (iii)DentalDENTIST'S HEALTH PROFESSION specialty 24 FIELD LICENSE examination, complete................. 300.00 25 (iv)DentalDENTIST'S HEALTH PROFESSION specialty 26 FIELD LICENSE examination, per part................ 100.00 04521'01 12 1 (c) License fees, per year: 2 (i) Dentist............................................. 90.00 3 (ii) Dental assistant................................... 10.00 4 (iii) Dental hygienist.................................. 20.00 5 (iv)DentalDENTIST'S HEALTH PROFESSION specialty 6 FIELD LICENSE....................................... 15.00 7 (d) Temporary license fees: 8 (i) Dentist............................................. 20.00 9 (ii) Dental assistant................................... 5.00 10 (iii) Dental hygienist.................................. 10.00 11 (e) Limited license fee, per year: 12 (i) Dentist............................................. 25.00 13 (ii) Dental assistant................................... 5.00 14 (iii) Dental Hygienist.................................. 10.00 15 (f) Examination review fees: 16 (i) Dental preclinical or DENTIST'S HEALTH PROFESSION 17 specialty FIELD LICENSE............................. 50.00 18 (ii) Dental assistant................................... 20.00 19 Sec. 16327. Fees fora personAN INDIVIDUAL licensed or 20 seeking licensure to practice nursing as a registered 21 PROFESSIONAL nurse, a licensed practical nurse, or a trained 22 attendant under part 172 are as follows: 23 (a) Application processing fee..........................$ 20.00 24 (b) License fee, per year............................... 20.00 25 (c) Temporary license................................... 10.00 26 (d) Limited license, per year........................... 10.00 04521'01 13 1 (e)Specialty certificationHEALTH PROFESSION SPECIALTY FIELD 2 LICENSE for A registered PROFESSIONAL nurse: 3 (i) Application processing fee.......................... 20.00 4 (ii)Specialty certificationHEALTH PROFESSION SPE- 5 CIALTY FIELD LICENSE, per year...................... 10.00 6 Sec. 16608. (1) The board may issue a health profession 7 specialtycertificationFIELD LICENSE to a licensed dentist who 8 has advanced training beyond that required for initial licensure 9 and who has demonstrated competency through examination or other 10 evaluative processes in 1 or more of the following HEALTH 11 PROFESSION specialty fields: prosthodontics, endodontics, oral 12 and maxillofacial surgery, orthodontics, pediatric dentistry, 13 periodontics, or oral pathology. A LICENSED DENTIST WHO HOLDS A 14 HEALTH PROFESSION SPECIALTY CERTIFICATION IN 1 OR MORE OF THE 15 HEALTH PROFESSION SPECIALTY FIELDS LISTED IN THIS SUBSECTION ON 16 THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED 17 SUBSECTIONS (3) AND (4) IS CONSIDERED TO HOLD A HEALTH PROFESSION 18 SPECIALTY FIELD LICENSE IN EACH OF THOSE HEALTH PROFESSION SPE- 19 CIALTY FIELDS AND MAY OBTAIN RENEWAL OF EACH HEALTH PROFESSION 20 SPECIALTY FIELD LICENSE ON THE EXPIRATION DATE OF THE SPECIALTY 21 CERTIFICATION. 22 (2) A health profession specialtycertificationFIELD 23 LICENSE issued pursuant to subsection (1) shall be renewed con- 24 currently with the license to practice dentistry. 25 (3) THIS SECTION DOES NOT PROHIBIT A LICENSED DENTIST WHO 26 HAS NOT BEEN ISSUED A HEALTH PROFESSION SPECIALTY FIELD LICENSE 04521'01 14 1 UNDER SUBSECTION (1) FROM PERFORMING SERVICES IN 1 OR MORE OF THE 2 HEALTH PROFESSION SPECIALTY FIELDS LISTED IN SUBSECTION (1). 3 (4) FOR PURPOSES OF THE ADMINISTRATION OF THE GENERAL RULES 4 OF THE BOARD OF DENTISTRY IN THE MICHIGAN ADMINISTRATIVE CODE, A 5 REFERENCE TO SPECIALTY CERTIFICATION IS A REFERENCE TO A HEALTH 6 PROFESSION SPECIALTY FIELD LICENSE. 7 Sec. 16624. A task force to advise the board is created for 8 health profession specialty fieldscertifiedREGISTERED under 9 this part. The task forceshall consistCONSISTS of the fol- 10 lowing 9 members, who shall meet the requirements of part 161; 1 11 dentist who is not a specialist, 1 prosthodontist, 1 endodontist, 12 1 oral and maxillofacial surgeon, 1 orthodontist, 1 pediatric 13 dentist, 1 periodontist, 1 oral pathologist, and 1 public 14 member.The oral pathologist shall be certified as a dentist15specializing in oral pathology by the board not later than 1 year16after the effective date of the amendatory act that added an oral17pathologist to the task force. If the oral pathologist is not so18certified, his or her term shall terminate at the end of that19year.20 Sec. 17210. (1) The board of nursing may issue a HEALTH 21 PROFESSION specialtycertificationFIELD LICENSE to a regis- 22 tered professional nurse who has advanced training beyond that 23 required for initial licensure and who has demonstrated compe- 24 tency through examination or other evaluative processes and who 25 practices in 1 of the following health profession specialty 26 fields: nurse midwifery, nurse anesthetist, or nurse 27 practitioner. 04521'01 15 1 (2) FOR PURPOSES OF THE ADMINISTRATION OF PART 4 OF THE 2 GENERAL RULES OF THE BOARD OF NURSING, BEING R 338.10401 TO 3 R 338.10406 OF THE MICHIGAN ADMINISTRATIVE CODE, A REFERENCE TO 4 SPECIALTY CERTIFICATION IS A REFERENCE TO A HEALTH PROFESSION 5 SPECIALTY FIELD LICENSE. 6 Sec. 17221. The Michigan board of nursing is created in the 7 department andshall consistCONSISTS of the following 23 8 voting members whoshallmeet the requirements of part 161: 9 9 registered professional nurses, 1 nurse midwife, 1 nurse anesthe- 10 tist, 1 nurse practitioner, 3 licensed practical nurses, and 8 11 public members. Three of the registered professional nurse mem- 12 bers shall be engaged in nursing education, 1 of whom shall be in 13 less than a baccalaureate program, 1 in a baccalaureate or higher 14 program and 1 in a licensed practical nurse program and each of 15 whom shall have a master's degree from an accredited college with 16 a major in nursing. Three of the registered professional nurse 17 members shall be engaged in nursing practice or nursing adminis- 18 tration, each of whom shall have a baccalaureate degree in nurs- 19 ing from an accredited college. Three of the registered profes- 20 sional nurse members shall be engaged in nursing practice or 21 nursing administration, each of whom shall be a nonbaccalaureate 22 registered PROFESSIONAL nurse. The 3 licensed practical nurse 23 members shall have graduated from a state approved program for 24 the preparation of individuals to practice as licensed practical 25 nurses. The nurse midwife, the nurse anesthetist, and the nurse 26 practitioner shall each have a HEALTH PROFESSION specialty 04521'01 16 1certificationFIELD LICENSE issued by the department in his or 2 her respective HEALTH PROFESSION specialty field. 04521'01 Final page. CPD