HOUSE BILL No. 6224



     November 5, 1998, Introduced by Reps. Quarles, Vaughn, Profit, Bogardus, London, Scranton, Martinez, Cherry, Ciaramitaro, Schroer, McNutt, Lowe, Kilpatrick, Parks, Gire, Baird, Emerson, Brater and Bodem and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending sections 7111, 16131, 16145, and 16621 (MCL 333.7111,

   333.16131, 333.16145, and 333.16621), section 7111 as amended by

   1993 PA 138, section 16131 as amended by 1995 PA 126, and section

   16145 as amended by 1993 PA 80.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 7111.  (1) The controlled substances advisory commis-

 2    sion in the department of  commerce shall consist  CONSUMER AND

 3    INDUSTRY SERVICES CONSISTS of the following 13 voting members

 4    appointed by the governor with the advice and consent of the

 5    senate:

 6         (a) One health care professional from each of the following

 7    boards created in article 15:




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 1         (i) The Michigan board of medicine.

 2         (ii) The Michigan board of osteopathic medicine and

 3    surgery.

 4         (iii) The Michigan board of pharmacy.

 5         (iv) The Michigan board of podiatric medicine and surgery.

 6         (v) The Michigan board of  dentistry  ORAL HEALTH CARE

 7    PROFESSIONALS.

 8         (vi) The Michigan board of veterinary medicine.

 9         (vii) The Michigan board of nursing.

10         (b) One licensed health care professional from the field of

11    psychiatry.

12         (c) One licensed health care professional from the field of

13    pharmacology.

14         (d) Three public members, 1 of whom shall serve as

15    chairperson.

16         (e) One member representing pharmaceutical manufacturers.

17         (2) The director of the department of state police, director

18    of  commerce  THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES,

19    director of  public  THE DEPARTMENT OF COMMUNITY health, director

20    of  social services  THE FAMILY INDEPENDENCE AGENCY, superinten-

21    dent of public instruction, and the attorney general, or their

22    official designees, and the drug control administrator from

23    within the department of  commerce  CONSUMER AND INDUSTRY

24    SERVICES, who shall serve as secretary to the controlled sub-

25    stances advisory commission, are ex officio members without

26    votes, but are not members for PURPOSES OF determining a quorum.

27    The department of  commerce  CONSUMER AND INDUSTRY SERVICES, in



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 1    consultation with the Michigan board of pharmacy, shall appoint

 2    an individual who is a licensed pharmacist to serve as the drug

 3    control administrator for purposes of this section.

 4         Sec. 16131.  The terms of office of individual members of

 5    the boards and task forces, except those appointed to fill vacan-

 6    cies,  shall  expire 4 years after appointment as follows:

 7         Nursing                                    June 30

 8         Optometry                                  June 30

 9         Pharmacy                                   June 30

10         Podiatric medicine and surgery             June 30

11          Dentistry  ORAL HEALTH CARE PROFESSIONALS June 30

12         Chiropractic                               December 31

13         Counseling                                 June 30

14         Marriage and family therapy                June 30

15         Medicine                                   December 31

16         Occupational therapists                    December 31

17         Osteopathic medicine and surgery           December 31

18         Physical therapy                           December 31

19         Psychology                                 December 31

20         Sanitarians                                December 31

21         Veterinary medicine                        December 31

22         Sec. 16145.  (1) A board may adopt and have an official

23    seal.

24         (2) A board or task force may promulgate rules necessary or

25    appropriate to fulfill its functions as prescribed in this

26    article.  A BOARD OR TASK FORCE SHALL NOT PROMULGATE RULES THAT

27    EXPAND, CONSTRICT, OR OTHERWISE MODIFY THE SCOPE OF PRACTICE



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 1    DEFINITION FOR THE HEALTH PROFESSION GOVERNED BY THAT BOARD OR

 2    TASK FORCE.

 3         (3) Only a board or task force shall promulgate rules to

 4    specify requirements for licenses, registrations, renewals, exam-

 5    inations, and required passing scores.

 6         Sec. 16621.  (1) The Michigan board of  dentistry  ORAL

 7    HEALTH CARE PROFESSIONALS is created in the department.  The

 8    board shall consist of the following  13  18 voting members who

 9    shall meet the requirements of part 161:  7 dentists,  2  6

10    dental hygienists, 2 dental assistants, and  2  3 public

11    members.  The board meeting dates and times shall be concurred in

12    by a vote of not less than 10 board members.  Not more than 1

13    member of the board may be a dental school faculty member.

14          (2) The dental assistants first appointed to the board

15     shall be graduates of a dental assisting program accredited by

16     the commission on accreditation of the American dental

17     association.  This subsection shall expire 3 years after the

18     effective date of this article.

19          (3) The requirement of section 16135(d) that a board member

20     shall have practiced that profession for 2 years immediately

21     before appointment is waived for 2 years after the effective date

22     of this part for members of the board licensed as dental assist-

23     ants by this part.

24          (4) A board member licensed to practice as a dental hygien-

25     ist or a dental assistant shall vote as an equal member in all

26     matters except those designated in section 16148(1) or (2) which





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 1    apply to dentists and not to dental hygienists or dental

 2     assistants. 

 3         (2) THERE IS CREATED THE DENTAL HYGIENE STANDING SUBCOMMIT-

 4    TEE AS A PERMANENT SUBCOMMITTEE OF THE BOARD.  THE DENTAL HYGIENE

 5    STANDING SUBCOMMITTEE CONSISTS OF 5 DENTAL HYGIENIST MEMBERS OF

 6    THE BOARD, 1 DENTIST MEMBER OF THE BOARD, AND 1 PUBLIC MEMBER OF

 7    THE BOARD APPOINTED BY THE CHAIR OF THE BOARD.  THE CHAIR OF THE

 8    BOARD SHALL APPOINT AS THE CHAIR OF THE DENTAL HYGIENE STANDING

 9    SUBCOMMITTEE 1 OF THE DENTAL HYGIENIST MEMBERS OF THE

10    SUBCOMMITTEE.  THE BOARD SHALL REFER TO THE DENTAL HYGIENE STAND-

11    ING SUBCOMMITTEE ALL DISCIPLINARY MATTERS PERTAINING TO DENTAL

12    HYGIENISTS AND ALL MATTERS DESIGNATED IN SECTION 16148(1) AND

13    (2).  WHEN A MATTER IS REFERRED TO THE DENTAL HYGIENE STANDING

14    SUBCOMMITTEE UNDER THIS SUBSECTION, THE DENTAL HYGIENE STANDING

15    SUBCOMMITTEE SHALL CONVENE FOR THE PURPOSE OF REVIEWING THE

16    MATTER AND MAKING A RECOMMENDATION FOR DISPOSITION OF THE MATTER

17    TO THE BOARD.  A RECOMMENDATION OF THE DENTAL HYGIENE STANDING

18    SUBCOMMITTEE REGARDING A DISCIPLINARY MATTER SHALL BE LIMITED TO

19    RECOMMENDING DENTAL HYGIENE MEMBERS OF THE BOARD FOR APPOINTMENT

20    TO THE DISCIPLINARY SUBCOMMITTEE PURSUANT TO SECTION 16216.  A

21    RECOMMENDATION OF THE DENTAL HYGIENE STANDING SUBCOMMITTEE

22    REGARDING A MATTER DESIGNATED IN SECTION 16148(1) OR (2) SHALL BE

23    APPROVED OR DISAPPROVED BY A VOTE OF THE BOARD.











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