HOUSE BILL No. 5261


     October 17, 2001, Introduced by Reps. DeWeese, George, Howell, Julian, Richardville, Stewart, Woronchak, Basham, Raczkowski, Scranton,
Patterson, Ehardt, Jelinek, Voorhees, Shulman, Plakas, Shackleton, Anderson, Vear, Hummel, Stamas, Kuipers, Vander Veen, Pappageorge, Middaugh,
Meyer, Gilbert, Allen, Kowall, Van Woerkom, Kooiman, Cassis, DeVuyst, Pumford, Cameron Brown, Sanborn, Birkholz, Faunce and Neumann and
referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 16315 (MCL 333.16315), as added by 1993

   PA 138; and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 16315.  (1) The health professions regulatory fund is

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      established in the state treasury.  Except as otherwise provided

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      in this section, the state treasurer shall credit the fees col-

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      lected under sections 16319 to 16349 to the health professions

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      regulatory fund.  The money in the health professions regulatory

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      fund shall be expended only as provided in subsection (5).

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           (2) The state treasurer shall direct the investment of the

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      health professions regulatory fund.  Interest and earnings from

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      health professions regulatory fund investment shall be credited

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      to the health professions regulatory fund.


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           (3) The unencumbered balance in the health professions

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      regulatory fund at the close of the fiscal year shall remain in

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      the health professions regulatory fund and shall not revert to

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      the general fund.

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           (4) The health professions regulatory fund may receive gifts

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      and devises and other money as provided by law.

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           (5) The department OF CONSUMER AND INDUSTRY SERVICES shall

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      use the health professions regulatory fund only to carry out its

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      powers and duties under this article and article 7 including, but

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      not limited to, reimbursing the department of attorney general

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      for the reasonable cost of services provided to the department of

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       commerce  CONSUMER AND INDUSTRY SERVICES under this article and

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      article 7.

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           (6) The nurse professional fund is established in the state

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      treasury.  Of the money that is attributable to per-year license

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      fees collected under section 16327, the state treasurer shall

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      credit $2.00 of each individual annual license fee collected to

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      the nurse professional fund.  The money in the nurse professional

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      fund shall be expended only as provided in subsection (9).

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           (7) The state treasurer shall direct the investment of the

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      nurse professional fund, and shall credit interest and earnings

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      from the investment to the nurse professional fund.  The nurse

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      professional fund may receive gifts and devises and other money

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      as provided by law.

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           (8) The unencumbered balance in the nurse professional fund

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      at the close of the fiscal year shall remain in the nurse

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      professional fund and shall not revert to the general fund.



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           (9) The department OF CONSUMER AND INDUSTRY SERVICES shall

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      use the nurse professional fund each fiscal year only as

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      follows:

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           (a) The department may use not more than 1/3 of the nurse

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      professional fund for the establishment and operation of a nurse

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      continuing education program.

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           (b) The department may use not more than 1/3 of the nurse

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      professional fund to perform research and development studies to

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      promote and advance the nursing profession.

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           (c) The department shall use not less than 1/3 of the nurse

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      professional fund to establish and operate a nursing scholarship

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      program.

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            (10) Within 2 years after the effective date of this sec-

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      tion, the department shall promulgate rules to implement subsec-

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      tion (9) including, but not limited to, rules governing the con-

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      tinuing education program and rules to establish eligibility cri-

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      teria for participation in the nursing scholarship program,

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      application procedures, and maximum amounts for individual

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      scholarships.

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           (10)  (11)  The official prescription form program fund 
   is

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      established  in the state treasury and shall be administered by

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      the department  BY THE AMENDATORY ACT THAT ADDED THIS SECTION IS

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      ABOLISHED.  THE MONEY REMAINING IN THE OFFICIAL PRESCRIPTION FORM

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      PROGRAM FUND ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT

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      ADDED SUBSECTION (11) SHALL BE TRANSFERRED BY THE STATE TREASURER

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      TO THE HEALTH PROFESSIONS REGULATORY FUND CREATED IN SUBSECTION

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      (1).



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           (11) THE PAIN MANAGEMENT EDUCATION AND CONTROLLED SUBSTANCES

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      ANTIDIVERSION FUND IS ESTABLISHED IN THE STATE TREASURY.

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           (12) THE STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE

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      PAIN MANAGEMENT EDUCATION AND CONTROLLED SUBSTANCES ANTIDIVERSION

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      FUND.  INTEREST AND EARNINGS FROM INVESTMENT OF THE PAIN MANAGE-

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      MENT EDUCATION AND CONTROLLED SUBSTANCES ANTIDIVERSION FUND SHALL

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      BE CREDITED TO THE PAIN MANAGEMENT EDUCATION AND CONTROLLED SUB-

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      STANCES ANTIDIVERSION FUND.

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           (13) THE UNENCUMBERED BALANCE IN THE PAIN MANAGEMENT EDUCA-

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      TION AND CONTROLLED SUBSTANCES ANTIDIVERSION FUND AT THE CLOSE OF

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      THE FISCAL YEAR SHALL REMAIN IN THE PAIN MANAGEMENT EDUCATION AND

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      CONTROLLED SUBSTANCES ANTIDIVERSION FUND AND SHALL NOT REVERT TO

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      THE GENERAL FUND.  THE PAIN MANAGEMENT EDUCATION AND CONTROLLED

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      SUBSTANCES ANTIDIVERSION FUND MAY RECEIVE GIFTS AND DEVISES AND

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      OTHER MONEY AS PROVIDED BY LAW. Twenty dollars of the license fee

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      received by the department OF CONSUMER AND INDUSTRY SERVICES

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      under section 16319 shall be deposited with the state treasurer

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      to the credit of the  official prescription form program  PAIN

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      MANAGEMENT EDUCATION AND CONTROLLED SUBSTANCES ANTIDIVERSION

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      fund.  The department shall use the PAIN MANAGEMENT EDUCATION AND

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      CONTROLLED SUBSTANCES ANTIDIVERSION fund only in connection with

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      programs relating to  the official prescription forms required

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      under article 7.  Any unexpended balance in the fund at the end

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      of a fiscal year shall carry forward to the next fiscal year.

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      PAIN MANAGEMENT EDUCATION FOR HEALTH PROFESSIONALS AND PREVENTING

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      THE DIVERSION OF CONTROLLED SUBSTANCES.





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           Enacting section 1.  Sections 7111, 7112, and 7113 of the

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      public health code, 1978 PA 368, MCL 333.7111, 333.7112, and

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      333.7113, are repealed.


















































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