March 8, 2011, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16245 (MCL 333.16245), as amended by 2006 PA
26.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
16245. (1) An Except as
otherwise provided in this
section, 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 Except as otherwise
provided in this section, 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(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registration that was revoked for a violation of section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(q), an
applicant shall not apply for reinstatement before the expiration
of 5 years after the effective date of the revocation. In the case
of a license or registration that was permanently revoked for a
violation of section 16221(b)(xiii), the former licensee or
registrant is ineligible for reinstatement. The department shall
return an application for reinstatement received before the
expiration of the applicable time period under this subsection or
if the applicant is ineligible for reinstatement under this
subsection.
(5) The department shall provide an opportunity for a hearing
before final rejection of an application for reinstatement unless
the application is returned because the applicant is ineligible for
reinstatement under subsection (4).
(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 criminal
history 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 96th Legislature are
enacted into law:
(a) Senate Bill No. 234.
(b) Senate Bill No. 235.