HOUSE BILL No. 5394

February 23, 2016, Introduced by Reps. Canfield, Schor, Kelly, Bizon, Kivela, Potvin, Irwin, Phelps, Yanez, Darany, Sarah Roberts, Faris, Dianda, Vaupel, Bumstead, McBroom, LaVoy, Glenn, Muxlow, Johnson, Kesto, Webber, Cochran, Pettalia, Chatfield, Hooker, Pagel, Rendon, Leutheuser, Yonker, Franz, Graves, Cole, Inman, Sheppard, Jenkins, Townsend, Geiss, Liberati, Plawecki, Brunner, Aaron Miller, Lucido, Victory, Santana, Lauwers, Neeley, Singh, Cox, Banks and Gay-Dagnogo and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17031 and 17531 (MCL 333.17031 and 333.17531),

 

section 17031 as amended by 2002 PA 643, and by adding sections

 

17032 and 17532; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17031. (1) Except as provided in subsection (2), and

 

subject to section 17032, an applicant, in addition to completing

 

the requirements for the degree in medicine, shall complete a

 

period of postgraduate education to attain proficiency in the

 

practice of the profession, as prescribed by the board in rules, as

 

a condition for more than limited licensure.

 

     (2) The board may grant a full license to practice medicine to

 

an applicant who has completed the requirements for a degree in

 


medicine at a medical school that is located outside the United

 

States or Canada if the applicant demonstrates to the board all of

 

the following:

 

     (a) That the applicant has engaged in the practice of medicine

 

for not less than 10 years after completing the requirements for a

 

degree in medicine.

 

     (b) That the applicant has completed not less than 3 years of

 

postgraduate clinical training in an institution that has an

 

affiliation with a medical school that is listed in a directory of

 

medical schools published by the world health organization World

 

Health Organization as approved by the board.

 

     (c) That the applicant has achieved a score determined by the

 

board to be a passing score on an initial medical licensure

 

examination approved by the board.

 

     (d) That the applicant has safely and competently practiced

 

medicine under a clinical academic limited license granted by the

 

board under this article for 1 or more academic institutions

 

located in this state for not less than the 2 years immediately

 

preceding the date of application for a license under this

 

subsection, during which time the applicant functioned not less

 

than 800 hours per year in the observation and treatment of

 

patients.

 

     (3) An applicant under subsection (2) shall file with the

 

board a written statement from each academic institution upon on

 

which the applicant relies to satisfy subsection (2)(d). The

 

statement shall indicate, at a minimum, that the applicant

 

functioned for the academic institution in the observation and


treatment of patients not less than 800 hours per year and that in

 

so doing the applicant practiced medicine safely and competently. A

 

person An individual who in good faith makes a written statement

 

that is filed under this subsection is not civilly or criminally

 

liable for that statement. There is a rebuttable presumption that a

 

person an individual who makes a written statement that is filed

 

under this subsection has done so in good faith.

 

     Sec. 17032. (1) An early primary care program is created to

 

facilitate the placement of physicians in medically underserved

 

areas in this state.

 

     (2) The board shall grant a full license to engage in the

 

practice of medicine under this part to an applicant if the board

 

determines that all of the following are met:

 

     (a) The applicant has completed the requirements for the

 

degree in medicine at a medical school that is located in the

 

United States or Canada and meets all of the requirements for

 

licensure as a physician under this part except the postgraduate

 

education requirements described in section 17031.

 

     (b) The applicant has completed at least 1 year of

 

postgraduate education.

 

     (c) The applicant has received a passing score in step 1, step

 

2, and step 3 of the United States Medical Licensing Board

 

examination.

 

     (d) The applicant enters into a written employment agreement

 

with an employer that is a for-profit or nonprofit entity that

 

includes all of the following requirements:

 

     (i) His or her agreement to work as a physician for at least 2


years, beginning on the date he or she enters the program.

 

     (ii) During the time period described in subparagraph (i), he

 

or she agrees to engage in the full-time practice of medicine in a

 

medically underserved area in this state.

 

     (e) He or she is not in violation of the agreement described

 

in subdivision (d) at the time he or she applies for a license

 

under this section.

 

     (3) Within 180 days after the effective date of the amendatory

 

act that added this section, the department shall review any rules

 

promulgated under this part and begin the process of amending those

 

rules so that the rules are consistent with this section.

 

     (4) As used in this section:

 

     (a) "Medically underserved area" means an urban or rural area

 

in this state that is designated by the Secretary of the United

 

States Department of Health and Human Services as an area with a

 

shortage of personal health services or as otherwise designated by

 

the department of health and human services.

 

     (b) "Program" means the early primary care program created in

 

subsection (1) and described in this section.

 

     (5) This section is repealed December 31, 2022.

 

     Sec. 17531. An applicant, in In addition to completing the

 

requirements for the degree in osteopathic medicine and surgery at

 

a medical school that is located in the United States or Canada,

 

and subject to section 17532, an applicant shall complete a period

 

of postgraduate education to attain proficiency in the practice of

 

the profession as prescribed by the board in rules as a condition

 

for more than limited licensure.


     Sec. 17532. (1) An early primary care program is created to

 

facilitate the placement of physicians in medically underserved

 

areas in this state.

 

     (2) The board shall grant a full license to engage in the

 

practice of osteopathic medicine and surgery under this part to an

 

applicant if the board determines that all of the following are

 

met:

 

     (a) The applicant has completed the requirements for the

 

degree in osteopathic medicine and surgery and meets all of the

 

requirements for licensure as a physician under this part except

 

the postgraduate education requirements described in section 17531.

 

     (b) The applicant has completed at least 1 year of

 

postgraduate education.

 

     (c) The applicant has received a passing score in step 1, step

 

2, and step 3 of the comprehensive osteopathic medical licensing

 

examination.

 

     (d) The applicant enters into a written employment agreement

 

with an employer that is a for-profit or nonprofit entity that

 

includes all of the following requirements:

 

     (i) His or her agreement to work as a physician for at least 2

 

years, beginning on the date he or she enters the program.

 

     (ii) During the time period described in subparagraph (i), he

 

or she agrees to work as a physician in a medically underserved

 

area in this state.

 

     (e) He or she is not in violation of the agreement described

 

in subdivision (d) at the time he or she applies for a license

 

under this section.


     (3) Within 180 days after the effective date of the amendatory

 

act that added this section, the department shall review any rules

 

promulgated under this part and begin the process of amending those

 

rules so the rules are consistent with this section.

 

     (4) As used in this section:

 

     (a) "Medically underserved area" means an urban or rural area

 

in this state that is designated by the Secretary of the United

 

States Department of Health and Human Services as an area with a

 

shortage of personal health services or as otherwise designated by

 

the department of health and human services.

 

     (b) "Program" means the early primary care program created in

 

subsection (1) and described in this section.

 

     (5) This section is repealed December 31, 2022.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2017.