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HB-6253, As Passed Senate, September 14, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6253

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16174, 16181, 16186, 17011, and 17511 (MCL

333.16174, 333.16181, 333.16186, 333.17011, and 333.17511), section

16174 as amended by 2006 PA 26, section 16181 as amended by 2004 PA

200, section 16186 as amended by 2004 PA 3, and section 17011 as

amended by 1993 PA 79.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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. This

subdivision does not apply to an application for licensure that the

board may grant under section 17011(4) or 17511(2).

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) 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

subsection (2)(b) applies to an application for licensure and 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). If an application is for licensure that the board

may grant under section 17011(4) or 17511(2), the applicant is not

required to secure the certification of compliance with respect to

the requirements described in subsection (2)(b).

(5) 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) 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. 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.

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.

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.

Sec. 17011. (1) An individual shall not engage in the practice

of medicine or practice as a physician's assistant unless licensed

or otherwise authorized by this article. An individual shall not

engage in teaching or research that requires the practice of

medicine unless the individual is licensed or otherwise authorized

by this article.

(2) Notwithstanding section 16145 or rules promulgated

~~pursuant to~~ under that section, the board may grant a license to

an individual who meets the requirements of section 16186 or

17031(2) after reviewing the applicant's record of practice,

experience, and credentials and determining that the applicant is

competent to practice medicine.

(3) For individuals applying for licensure under section

16186, the board shall not impose requirements on graduates of

medical schools located outside the United States or Canada that

exceed the requirements imposed on graduates of medical schools

located in the United States or Canada.

(4) Notwithstanding section 16145 or rules promulgated under

that section, the board may grant a license in accordance with

section 16186 after determining that each of the following

conditions is satisfied:

(a) The applicant has disclosed that a sanction is in force

against him or her as described in section 16174(2)(b) and

considering the reasons for the sanction and the applicant's record

of practice, experience, credentials, and competence to engage in

the practice of medicine, that sanction should not prevent the

applicant from being granted a license in this state.

(b) The sanction imposed by the other state is not permanent.

of a patient safety violation.

(d) If the applicant was required by the state that imposed

the sanction to participate in and complete a probationary period

or treatment plan as a condition of the continuation of his or her

licensure, the applicant did not complete the probationary period

or treatment plan because the applicant ceased engaging in the

practice of medicine in that state.

(e) As a condition of licensure under this subsection, the

applicant voluntarily agrees to complete a probationary period or

treatment plan, the terms of which are no less stringent than those

imposed by the state that imposed the sanction.

(5) Except as otherwise provided in this subsection, the

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

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

to those individuals authorized under this part to use the terms

and in a way prescribed in this part: "doctor of medicine", "m.d.",

"physician's assistant", and "p.a.". Notwithstanding section 16261,

an individual 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 individual is licensed under this

part.

Sec. 17511. (1) A person shall not engage in the practice of

osteopathic medicine and surgery or practice as a physician's

assistant unless licensed or otherwise authorized by this article.

(2) Notwithstanding section 16145 or rules promulgated under

that section, the board may grant a license in accordance with

section 16186 after determining that each of the following

conditions is satisfied:

(a) The applicant has disclosed that a sanction is in force

against him or her as described in section 16174(2)(b) and

considering the reasons for the sanction and the applicant's record

of practice, experience, credentials, and competence to engage in

the practice of osteopathic medicine and surgery, that sanction

should not prevent the applicant from being granted a license in

this state.

(b) The sanction imposed by the other state is not permanent.

of a patient safety violation.

(d) If the applicant was required by the state that imposed

the sanction to participate in and complete a probationary period

or treatment plan as a condition of the continuation of his or her

licensure, the applicant did not complete the probationary period

or treatment plan because the applicant ceased engaging in the

practice of osteopathic medicine and surgery in that state.

(e) As a condition of licensure under this subsection, the

applicant voluntarily agrees to complete a probationary period or

treatment plan, the terms of which are no less stringent than those

imposed by the state that imposed the sanction.

(3) Except as otherwise provided in this subsection, 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 part to use the terms and in

a way prescribed in this part: "osteopath", "osteopathy",

"osteopathic practitioner", "doctor of osteopathy", "diplomate in

osteopathy", "d.o.", "physician's assistant", and "p.a.".

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

individual is licensed under this part.