HOUSE BILL No. 5750

February 23, 2006, Introduced by Rep. Stakoe and referred to the Committee on Health Policy.

 

     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.