This is our starting text

HB-5168, As Passed Senate, January 31, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5168

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16146, 16174, and 16245 (MCL 333.16146,

333.16174, and 333.16245), section 16146 as amended by 1988 PA 462,

section 16174 as amended by 2002 PA 643, and section 16245 as

amended by 1998 PA 109.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 16146. (1) A board shall grant a license or registration

to an applicant meeting the requirements for the license or

registration as prescribed in this article and the rules

promulgated under this article.

(2) A board which grants licenses may:

(a) Certify licensees in those health profession specialty

fields within its scope of practice which are established in this

article.

(b) Reclassify licenses on the basis of a determination that

the addition or removal of conditions or restrictions is

appropriate.

have a criminal history check conducted in accordance with section

16174(3).

Sec. 16174. (1) An individual who is licensed or registered

under this article shall meet all of the following requirements:

(a) Be 18 or more years of age.

(b) Be of good moral character.

profession or in a health profession subfield or health profession

specialty field of the health profession, or training equivalent,

or both, as prescribed by this article or rules of a board

necessary to promote safe and competent practice and informed

consumer choice.

(d) Have a working knowledge of the English language as

determined in accordance with minimum standards established for

that purpose by the department.

(e) Pay the appropriate fees as prescribed in this article.

(2) In addition to the requirements of subsection (1), an

applicant for licensure, registration, specialty certification, or

a health profession specialty subfield license under this article

shall meet all of the following requirements:

(a) Establish that disciplinary proceedings before a similar

licensure, registration, or specialty licensure or specialty

certification board of this or any other state, of the United

States military, of the federal government, or of another country

are not pending against the applicant.

(b) Establish that if sanctions have been imposed against the

applicant by a similar licensure, registration, or specialty

licensure or specialty certification board of this or any other

state, of the United States military, of the federal government, or

of another country based upon grounds that are substantially

similar to those set forth in this article or article 7 or the

rules promulgated under this article or article 7, as determined by

the board or task force to which the applicant applies, the

sanctions are not in force at the time of application.

consent to the release of information regarding a disciplinary

investigation involving the applicant conducted by a similar

licensure, registration, or specialty licensure or specialty

certification board of this or any other state, of the United

States military, of the federal government, or of another country.

(3) Beginning May 1, 2006, an applicant for initial licensure

or registration shall submit his or her fingerprints to the

department of state police to have a criminal history check

conducted and request that the department of state police forward

his or her fingerprints to the federal bureau of investigation for

a national criminal history check. The department of state police

shall conduct a criminal history check and request the federal

bureau of investigation to make a determination of the existence of

any national criminal history pertaining to the applicant. The

department of state police shall provide the department with a

written report of the criminal history check if the criminal

history check contains any criminal history record information. The

department of state police shall forward the results of the federal

bureau of investigation determination to the department within 30

days after the request is made. The department shall notify the

board and the applicant in writing of the type of crime disclosed

on the federal bureau of investigation determination without

disclosing the details of the crime. The department of state police

may charge a reasonable fee to cover the cost of conducting the

criminal history check. The criminal history record information

obtained under this subsection shall be used only for the purpose

of evaluating an applicant's qualifications for licensure or

registration for which he or she has applied. A member of the board

shall not disclose the report or its contents to any person who is

not directly involved in evaluating the applicant's qualifications

for licensure or registration. Information obtained under this

subsection is confidential, is not subject to disclosure under the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and

shall not be disclosed to any person except for purposes of this

section or for law enforcement purposes.

(4) ~~(3)~~ Before granting a license, registration, specialty

certification, or a health profession specialty field license to an

applicant, the board or task force to which the applicant applies

may do 1 of the following:

(a) Make an independent inquiry into the applicant's

compliance with the requirements described in subsection (2). If a

licensure or registration board or task force determines under

subsection (2)(b) that sanctions have been imposed and are in force

at the time of application, the board or task force shall not grant

a license or registration or specialty certification or health

profession specialty field license to the applicant.

(b) Require the applicant to secure from a national

association or federation of state professional licensing boards

certification of compliance with the requirements described in

subsection (2).

(5) ~~(4)~~ If, after issuing a license, registration, specialty

certification, or health profession specialty field license, a

board or task force or the department determines that sanctions

have been imposed against the licensee or registrant by a similar

licensure or registration or specialty licensure or specialty

certification board as described in subsection (2)(b), the

disciplinary subcommittee may impose appropriate sanctions upon the

licensee or registrant. The licensee or registrant may request a

show cause hearing before a hearing examiner to demonstrate why the

sanctions should not be imposed.

(6) ~~(5)~~ An applicant for licensure, registration, specialty

certification, or a health profession specialty field license who

is or has been licensed, registered, or certified in a health

profession or specialty by another state or country shall disclose

that fact on the application form.

Sec. 16245. (1) An individual whose license is limited,

suspended, or revoked under this part may apply to his or her board

or task force for a reinstatement of a revoked or suspended license

or reclassification of a limited license pursuant to section 16247

or 16249.

(2) An individual whose registration is suspended or revoked

under this part may apply to his or her board for a reinstatement

of a suspended or revoked registration pursuant to section 16248.

(3) A board or task force shall reinstate a license or

registration suspended for grounds stated in section ~~16221(i)~~

16221(j) upon payment of the installment.

(4) Except as otherwise provided in this subsection, in case

of a revoked license or registration, an applicant shall not apply

for reinstatement before the expiration of 3 years after the

effective date of the revocation. In the case of a license or

registration that was revoked for a violation of section

16221(b)(vii), a violation of section 16221(c)(iv) consisting of a

felony conviction, any other felony conviction involving a

controlled substance, or a violation of section ~~16221(p)~~

16221(q), an applicant shall not apply for reinstatement before the

expiration of 5 years after the effective date of the revocation.

The department shall return an application for reinstatement

received before the expiration of the applicable time period under

this subsection.

(5) The department shall provide an opportunity for a hearing

before final rejection of an application for reinstatement.

(6) Based upon the recommendation of the disciplinary

subcommittee for each health profession, the department shall adopt

guidelines to establish specific criteria to be met by an applicant

for reinstatement under this article or article 7. The criteria may

include corrective measures or remedial education as a condition of

reinstatement. If a board or task force, in reinstating a license

or registration, deviates from the guidelines adopted under this

subsection, the board or task force shall state the reason for the

deviation on the record.

(7) An individual who seeks reinstatement or reclassification

of a license or registration pursuant to this section shall pay the

application processing fee as a reinstatement or reclassification

fee. If approved for reinstatement or reclassification, the

individual shall pay the per year license or registration fee for

the applicable license or registration period.

(8) An individual who seeks reinstatement of a revoked or

suspended license or reclassification of a limited license pursuant

to this section shall have a criminal history check conducted in

accordance with section 16174 and submit a copy of the results of

the background check to the board with his or her application for

reinstatement or reclassification.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

(a) Senate Bill No. 621.

(b) Senate Bill No. 622.