HB-5750, As Passed House, March 22, 2006
SUBSTITUTE FOR
HOUSE BILL NO. 5750
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16106 and 17211 (MCL 333.16106 and 333.17211),
section 16106 as amended by 2002 PA 643.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16106. (1) "Incompetence" means a departure from, or
failure to conform to, minimal standards of acceptable and
prevailing practice for a health profession, whether or not actual
injury to an individual occurs.
(2) "License", except as otherwise provided in this
subsection, means an authorization issued under this article to
practice where practice would otherwise be unlawful. License
includes an authorization to use a designated title which use would
otherwise be prohibited under this article and may be used to refer
to a health profession subfield license, limited license, or a
temporary license. For purposes of the definition of "prescriber"
contained in section 17708(2) only, license includes an
authorization issued under the laws of another state, or the
country of Canada to practice in that state or in the country of
Canada, where practice would otherwise be unlawful, and is limited
to a licensed doctor of medicine, a licensed doctor of osteopathic
medicine and surgery, or another licensed health professional
acting under the delegation and using, recording, or otherwise
indicating the name of the delegating licensed doctor of medicine
or licensed doctor of osteopathic medicine and surgery. License
does not include a health profession specialty field license.
(3) "Licensee", as used in a part that regulates a specific
health profession, means an individual to whom a license is issued
under that part, and as used in this part means each licensee
regulated by this article. Licensee includes an individual who is
authorized to engage in the practice of nursing or the practice of
nursing as a licensed practical nurse pursuant to a multistate
licensure privilege recognized under the nurse licensure compact.
(4) "Limitation" means an action by which a board imposes
restrictions or conditions, or both, on a license.
(5) "Limited license" means a license to which restrictions or
conditions, or both, as to scope of practice, place of practice,
supervision of practice, duration of licensed status, or type or
condition of patient or client served are imposed by a board.
Sec. 17211. (1) A person shall not engage in the practice of
nursing or the practice of nursing as a licensed practical nurse
unless licensed or otherwise authorized by this article or the
nurse licensure compact.
(2) By December 31, 2010, the department shall submit a
written report to the legislature regarding the impact and
effectiveness of the nurse licensure compact.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5493 of the 93rd Legislature is enacted into
law.
Enacting section 2. This amendatory act takes effect 6 months
after it is enacted into law.