This is our starting text

HB-4893, As Passed Senate, February 28, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4893

(As amended, February 28, 2006)

<<A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 16263 (MCL 333.16263), as amended by 2006 PA

30, and by adding section 16336 and part 179.>>

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 16263. (1) Except as provided in subsection (2), the

following words, titles, or letters or a combination thereof, with

or without qualifying words or phrases, are restricted in use only

to those persons authorized under this article to use the terms and

in a way prescribed in this article:

(a) "Chiropractic", "doctor of chiropractic", "chiropractor",

"d.c.", and "chiropractic physician".

(b) "Dentist", "doctor of dental surgery", "oral and

maxillofacial surgeon", "orthodontist", "prosthodontist",

"periodontist", "endodontist", "oral pathologist", "pediatric

dentist", "dental hygienist", "registered dental hygienist",

"dental assistant", "registered dental assistant", "r.d.a.",

"d.d.s.", "d.m.d.", and "r.d.h.".

(d) "Physician's assistant" and "p.a.".

(e) "Registered professional nurse", "registered nurse",

"r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",

"nurse anesthetist", "nurse practitioner", "trained attendant", and

"t.a.".

(f) "Doctor of optometry", "optometrist", and "o.d.".

(g) "Osteopath", "osteopathy", "osteopathic practitioner",

"doctor of osteopathy", "diplomate in osteopathy", and "d.o.".

(h) "Pharmacy", "pharmacist", "apothecary", "drugstore",

"druggist", "medicine store", "prescriptions", and "r.ph.".

(i) "Physical therapy", "physical therapist",

"physiotherapist", "registered physical therapist", "licensed

physical therapist", "physical therapy technician", "p.t.",

"r.p.t.", "l.p.t.", and "p.t.t.".

(j) "Chiropodist", "chiropody", "chiropodical", "podiatry",

"podiatrist", "podiatric", "doctor of podiatric medicine", "foot

specialist", "podiatric physician and surgeon", and "d.p.m.".

(k) "Consulting psychologist", "psychologist", "psychological

assistant", "psychological examiner", "licensed psychologist", and

"limited licensed psychologist".

(l) "Licensed professional counselor", "licensed counselor",

"professional counselor", and "l.p.c.".

(m) "Sanitarian", "registered sanitarian", and "r.s.".

(n) Until July 1, 2005, "social worker", "certified social

worker", "social work technician", "s.w.", "c.s.w.", and "s.w.t.".

Beginning July 1, 2005, "social worker", "licensed master's social

worker", "licensed bachelor's social worker", "registered social

service technician", "social service technician", "l.m.s.w.",

"l.b.s.w.", and "r.s.s.t.".

(o) "Veterinary", "veterinarian", "veterinary doctor",

"veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",

"d.v.m.", "animal technician", or "animal technologist".

(p) "Occupational therapist", "occupational therapist

registered", "certified occupational therapist", "o.t.", "o.t.r.",

"c.o.t.", "certified occupational therapy assistant", "occupational

therapy assistant", or "c.o.t.a.".

(q) "Marriage advisor" or "marriage consultant"; "family

counselor", "family advisor", "family therapist", or "family

consultant"; "family guidance counselor", "family guidance

advisor", or "family guidance consultant"; "marriage guidance

counselor", "marriage guidance advisor", or "marriage guidance

consultant"; "family relations counselor"; "marriage relations

counselor", "marriage relations advisor", or "marriage relations

consultant"; "marital counselor" or "marital therapist"; "limited

licensed marriage and family therapist" or "limited licensed

marriage counselor"; "licensed marriage and family therapist" or

"licensed marriage counselor"; and "l.m.f.t.".

(r) "Nursing home administrator".

(s) "Respiratory therapist", "respiratory care practitioner",

"licensed respiratory therapist", "licensed respiratory care

practitioner", "r.t.", "r.c.p.", "l.r.t.", and "l.r.c.p.".

(t) "Audiometrist", "audiologist", "hearing therapist",

"hearing aid audiologist", "educational audiologist", "industrial

audiologist", and "clinical audiologist".

(u) "Acupuncturist", "certified acupuncturist", and

"registered acupuncturist".

(v) "Athletic trainer", "licensed athletic trainer",

"certified athletic trainer", "athletic trainer certified", "a.t.",

"a.t.l.", "c.a.t.", and "a.t.c.".

(2) Notwithstanding section 16261, a person who was specially

trained at an institution of higher education in this state to

assist a physician in the field of orthopedics and upon completion

of training, received a 2-year associate of science degree as an

orthopedic physician's assistant before January 1, 1977, may use

the title "orthopedic physician's assistant" whether or not the

person is licensed under this article.

Sec. 16336. Fees for a person licensed or seeking licensure as

an athletic trainer under part 179 are as follows:

(a) Application processing fee......................... $ 75.00.

(b) License fee, per year............................. $ 200.00.

PART 179.

ATHLETIC TRAINING

Sec. 17901. (1) As used in this part:

(a) "Athletic trainer" means an individual engaged in the

practice of athletic training.

(b) "Practice of athletic training" means the treatment of an

individual for risk management and injury prevention, the clinical

evaluation and assessment of an individual for an injury or

illness, or both, the immediate care and treatment of an individual

for an injury or illness, or both, and the rehabilitation and

reconditioning of an individual's injury or illness, or both, as

long as those activities are within the rules promulgated under

section 17904 and performed under the direction and supervision of

an individual licensed under part 170 or 175. The practice of

athletic training does not include the practice of physical

therapy, the practice of medicine, the practice of osteopathic

medicine and surgery, the practice of chiropractic, or medical

diagnosis or treatment.

(2) In addition to the definitions in this part, article 1

contains general definitions and principles of construction

applicable to all articles in this code and part 161 contains

definitions applicable to this part.

Sec. 17902. (1) Beginning on the effective date of the rules

promulgated under section 17904, an individual shall not engage in

the practice of athletic training unless licensed under this part

or otherwise authorized to engage in the practice of athletic

training under subsection (2). An individual licensed under this

part shall not provide, offer to provide, or represent that he or

she is qualified to provide any services that he or she is not

qualified to perform by his or her education, training, or

experience or that he or she is otherwise prohibited by law from

performing.

(2) Subsection (1) does not prohibit an individual licensed

under any other part or any other act from performing activities

that are considered the practice of athletic training so long as

those activities are within the individual's scope of practice and

the individual does not use the titles protected under subsection

(3).

(3) Beginning on the effective date of the rules promulgated

under section 17904, an individual shall not use the titles

"athletic trainer", "licensed athletic trainer", "certified

athletic trainer", "athletic trainer certified", "a.t.", "a.t.l.",

"c.a.t.", "a.t.c.", or similar words that indicate that the person

is an athletic trainer unless the individual is licensed under this

article as an athletic trainer.

Sec. 17903. The Michigan athletic trainer board is created in

the department and shall consist of the following 7 members meeting

the requirements of part 161:

(a) Four athletic trainers.

(b) One public member.

Sec. 17904. (1) The department shall promulgate rules

establishing the minimum standards for licensure as an athletic

trainer under this part and the minimum standards of care for the

practice of athletic training.

(2) In promulgating the rules required under this section, the

department may consult the professional standards issued by the

national athletic trainer's association, by the national athletic

trainer's association board of certification, or by another

nationally recognized professional association. The department may

incorporate by reference, in whole or in part, existing standards

in the rules.

(3) As needed, the department may amend or supplement any

standards by promulgation of a rule.

Sec. 17905. (1) The department shall issue a license under

this article as an athletic trainer to an individual who meets all

of the following requirements:

(a) Applies to the department on a form provided by the

department.

(b) Meets the requirements for licensure promulgated pursuant

to section 17904.

(2) The department shall promulgate rules to provide for at

least 80 clock hours of continuing education within each 3-year

license cycle in subjects related to athletic training and approved

by the department.

Sec. 17906. (1) A license issued by the department under

section 17905 shall be for a 3-year license cycle. The license is

renewable upon payment of the prescribed license renewal fee and,

beginning with the third year after the effective date of the rules

promulgated under section 17905(2), submission to the department of

proof of satisfactory completion of at least 80 clock hours of

continuing education within the 3-year license cycle in subjects

related to athletic training and approved by the department.

(2) In addition to the continuing education requirements of

subsection (1), an athletic trainer shall submit along with his or

her application for license renewal proof satisfactory to the

department of both of the following:

(a) That he or she has successfully completed a course of

training in first aid, cardiopulmonary resuscitation, and foreign

body obstruction of the airway approved by the department and

offered or approved by the American Red Cross, the American heart

association, or a comparable organization, as determined by the

department.

(b) That he or she holds, at the time of application for

renewal and at all times during the previous license period, a

valid certification in first aid and cardiopulmonary resuscitation

issued by the organization offering the training.

Sec. 17907. This part does not require new or additional third

party reimbursement for services rendered by an individual licensed

under this part.

Enacting section 1. This amendatory act takes effect December

1, 2006.