HB-6253, As Passed House, September 7, 2006
June 21, 2006, Introduced by Reps. Gaffney, Hune, McConico, Vander Veen, Mortimer, Ball, Newell, Hunter, Tobocman, Virgil Smith, Cushingberry, Shaffer and Cheeks and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16181 and 16186 (MCL 333.16181 and 333.16186),
section 16181 as amended by 2004 PA 200 and section 16186 as
amended by 2004 PA 3.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16181. (1) Except as otherwise provided in subsection
(2), a board may grant a nonrenewable, temporary license to an
applicant who has completed all requirements for licensure except
for examination or other required evaluation procedure. A board
shall not grant a temporary license to an individual who has
previously failed the examination or other required evaluation
procedure or whose license has been suspended or revoked. A
temporary license issued pursuant to this section is valid for 18
months, but a board shall automatically void the temporary license
if the applicant fails the examination or other required evaluation
procedure.
(2)
Until January 1, 2007 2012, the Michigan board of
nursing may grant a nonrenewable, temporary license to an applicant
for a license under this article to engage in the practice of
nursing as a registered professional nurse if the applicant is
licensed as a registered professional nurse by an equivalent
licensing board or authority in Canada. A temporary license issued
under this subsection expires on the earliest of the following:
(a) One year after the date of issuance.
(b) The date the applicant is notified that he or she failed
the commission on graduates of foreign nursing schools qualifying
examination, as approved by the department.
(c) The date the applicant is notified that he or she failed
the national council licensure examination, as approved by the
department.
(d) The date the applicant is issued a license under this
article to engage in the practice of nursing as a registered
professional nurse.
(3) The holder of a temporary license issued under subsection
(1) shall practice only under the supervision of a licensee who
holds a license, other than a health profession subfield license,
in the same health profession. The holder of a temporary license
issued under subsection (1) shall not be supervised by a licensee
who holds a limited license or temporary license.
(4) The department shall promptly issue a temporary license.
Sec. 16186. (1) An individual who is licensed to practice a
health
profession in another state or, until January 1, 2007
2012, is licensed to practice a health profession in a province of
Canada, who is registered in another state, or who holds a health
profession specialty field license or specialty certification from
another state and who applies for licensure, registration,
specialty certification, or a health profession specialty field
license in this state may be granted an appropriate license or
registration or specialty certification or health profession
specialty field license upon satisfying the board or task force to
which the applicant applies as to all of the following:
(a) The applicant substantially meets the requirements of this
article and rules promulgated under this article for licensure,
registration, specialty certification, or a health profession
specialty field license.
(b) Subject to subsection (3), the applicant is licensed,
registered, specialty certified, or specialty licensed in another
state
or, until January 1, 2007 2012, is licensed in a province
in Canada that maintains standards substantially equivalent to
those of this state.
(c)
Subject to subsection (3), until January 1, 2007 2012,
if the applicant is licensed to practice a health profession in a
province in Canada, the applicant completed the educational
requirements in Canada or in the United States for licensure in
Canada or in the United States.
(d)
Until January 1, 2007 2012, if the applicant is licensed
to practice a health profession in a province in Canada, that the
applicant will perform the professional services for which he or
she bills in this state, and that any resulting request for third
party reimbursement will originate from the applicant's place of
employment in this state.
(2) Before granting a license, registration, specialty
certification, or a health profession specialty field license to
the applicant, the board or task force to which the applicant
applies may require the applicant to appear personally before it
for an interview to evaluate the applicant's relevant
qualifications.
(3)
For purposes of the 2002 amendatory act that added this
subsection
PA 441, an applicant who is licensed in a province in
Canada who meets the requirements of subsection (1)(c) and takes
and passes a national examination in this country that is approved
by the appropriate Michigan licensing board, or who takes and
passes a Canadian national examination approved by the appropriate
Michigan licensing board, is considered to have met the
requirements of subsection (1)(b). This subsection does not apply
if the department, in consultation with the appropriate licensing
board, promulgates a rule disallowing the use of this subsection
for an applicant licensed in a province in Canada.
(4) If the department receives an application for licensure
under part 187 from an individual who is licensed as a respiratory
therapist in the country of Canada, the department shall consult
the international reciprocity agreement executed by the national
board for respiratory care and the Canadian society of respiratory
therapists in effect on the effective date of the amendatory act
that added this subsection.