pa013901

Act No. 139

Public Acts of 2001

Approved by the Governor

October 26, 2001

Filed with the Secretary of State

October 26, 2001

EFFECTIVE DATE: October 26, 2001

STATE OF MICHIGAN

91ST LEGISLATURE

REGULAR SESSION OF 2001

Introduced by Reps. Vear, Plakas, Bernero, Pappageorge, Birkholz and Tabor

ENROLLED HOUSE BILL No. 4776

AN ACT to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 16131, 16263, and 21720 (MCL 333.16131, 333.16263, and 333.21720), sections 16131 and 16263 as amended by 2000 PA 11, and by adding section 16328 and part 173; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 16131. The terms of office of individual members of the boards and task forces, except those appointed to fill vacancies, expire 4 years after appointment as follows:

Nursing June 30

Nursing home administrator June 30

Optometry June 30

Pharmacy June 30

Podiatric medicine and surgery June 30

Dentistry June 30

Chiropractic December 31

Counseling June 30

Marriage and family therapy June 30

Medicine December 31

Occupational therapists December 31

Osteopathic medicine and surgery December 31

Physical therapy December 31

Psychology December 31

Social work December 31

Veterinary medicine December 31

Sec. 16263. (1) Except as provided in subsection (2), 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 article to use the terms and in a way prescribed in this article:

(a) "Chiropractic", "doctor of chiropractic", "chiropractor", "d.c.", and "chiropractic physician".

(b) "Dentist", "doctor of dental surgery", "oral and maxillofacial surgeon", "orthodontist", "prosthodontist", "periodontist", "endodontist", "oral pathologist", "pediatric dentist", "dental hygienist", "registered dental hygienist", "dental assistant", "registered dental assistant", "r.d.a.", "d.d.s.", "d.m.d.", and "r.d.h.".

(d) "Physician's assistant" and "p.a.".

(e) "Registered professional nurse", "registered nurse", "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife", "nurse anesthetist", "nurse practitioner", "trained attendant", and "t.a.".

(f) "Doctor of optometry", "optometrist", and "o.d.".

(g) "Osteopath", "osteopathy", "osteopathic practitioner", "doctor of osteopathy", "diplomate in osteopathy", and "d.o.".

(h) "Pharmacy", "pharmacist", "apothecary", "drugstore", "druggist", "medicine store", "prescriptions", and "r.ph.".

(i) "Physical therapy", "physical therapist", "physiotherapist", "registered physical therapist", "licensed physical therapist", "physical therapy technician", "p.t.", "r.p.t.", "l.p.t.", and "p.t.t.".

(j) "Chiropodist", "chiropody", "chiropodical", "podiatry", "podiatrist", "podiatric", "doctor of podiatric medicine", "foot specialist", "podiatric physician and surgeon", and "d.p.m.".

(k) "Consulting psychologist", "psychologist", "psychological assistant", "psychological examiner", "licensed psychologist", and "limited licensed psychologist".

(l) "Licensed professional counselor", "licensed counselor", "professional counselor", and "l.p.c.".

(m) "Sanitarian", "registered sanitarian", and "r.s.".

(n) "Social worker", "certified social worker", "social work technician", "s.w.", "c.s.w.", and "s.w.t.".

(o) "Veterinary", "veterinarian", "veterinary doctor", "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.", "d.v.m.", "animal technician", or "animal technologist".

(p) "Occupational therapist", "occupational therapist registered", "certified occupational therapist", "o.t.", "o.t.r.", "c.o.t.", "certified occupational therapy assistant", "occupational therapy assistant", or "c.o.t.a.".

(q) "Marriage advisor" or "marriage consultant"; "family counselor", "family advisor", "family therapist", or "family consultant"; "family guidance counselor", "family guidance advisor", or "family guidance consultant"; "marriage guidance counselor", "marriage guidance advisor", or "marriage guidance consultant"; "family relations counselor"; "marriage relations counselor", "marriage relations advisor", or "marriage relations consultant"; "marital counselor" or "marital therapist"; "limited licensed marriage and family therapist" or "limited licensed marriage counselor"; "licensed marriage and family therapist" or "licensed marriage counselor"; and "l.m.f.t.".

(r) "Nursing home administrator".

(2) 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 person is licensed under this article.

Sec. 16328. Fees for a person licensed or seeking licensure as a nursing home administrator under part 173 are as follows:

(a) Application processing fee. $ 15.00

(b) Examination fees:

(i) Complete examination 120.00

(ii) National examination 95.00

(iii) State supplemental examination 50.00

(d) License fee, per year 60.00

(e) Temporary license 25.00

PART 173

Sec. 17301. (1) As used in this part:

(a) "Nursing home" means that term as defined in section 20109.

(b) "Nursing home administrator" means the individual licensed under this article to engage in the practice of nursing home administration.

(c) "Practice of nursing home administration" means planning, organizing, directing, and controlling the total operation of the nursing home on behalf of the governing board or owner of a nursing home.

(2) In addition to the definitions of this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.

Sec. 17303. A person shall not represent that he or she is a nursing home administrator or use a title including "nursing home administrator" or an abbreviation of that term or similar words that would indicate that he or she is licensed under this article unless the person is licensed under this article as a nursing home administrator.

Sec. 17305. Subject to section 17319(2), the Michigan board of nursing home administrators is created in the department and consists of the following 9 voting members who meet the requirements of part 161:

(a) Six nursing home administrators.

(b) Three public members.

Sec. 17307. (1) In addition to the requirements of section 21720, a nursing home shall not operate except under the direction of a nursing home administrator.

(2) A person shall not engage in the practice of nursing home administration unless the person is the holder of a valid nursing home administrator's license issued under this part.

Sec. 17309. (1) The department shall issue a license as a nursing home administrator to a person who fulfills the requirements of this section or section 17315.

(2) An applicant for licensure as a nursing home administrator shall have satisfactorily completed a course of instruction and training approved by the department, which course shall be designed as to content and be administered as to present sufficient knowledge of the following:

(a) The needs properly to be served by a nursing home.

(b) The laws governing the operation of a nursing home and the protection of the interests of a patient in a nursing home.

(3) An applicant for licensure as a nursing home administrator shall present evidence satisfactory to the department of sufficient education and training in the fields of study described in subsection (2) or shall have been employed as a chief executive or administrative officer at a hospital licensed under article 17 for not less than 5 of the 7 years immediately preceding the date of application for a license under this part.

(4) Subject to section 16178, an applicant for licensure as a nursing home administrator shall also present evidence acceptable to the department of having passed an examination acceptable to the board and the department. The examination shall be designed to test for competence in the fields of study described in subsection (2).

(5) An applicant for licensure as a nursing home administrator shall be of good moral character and meet any additional qualifications as may be required by rule of the department and board.

Sec. 17311. (1) If the department and board find that there are not a sufficient number of courses of instruction and training sufficient to meet the requirements of this part conducted within this state, the department may conduct 1 or more of those courses or training sessions, or both. The department shall ensure that a course or training session conducted under this subsection is reasonably accessible to a resident of this state.

(2) The department and board may approve a course of instruction or a training session conducted within or without this state if the department determines that it is sufficient to meet the education and training requirements of this part.

Sec. 17313. (1) Subject to sections 16201 and 16204, the department shall not issue a renewal license unless the licensee presents satisfactory evidence to the department that the licensee has participated in continuing education courses of not less than 18 clock hours' duration approved by the board and department, for each year subsequent to the expiration of the individual's last license.

(2) The continuing education courses required under subsection (1) shall contain subjects related to the practice of nursing home administration acceptable to the board and the department.

Sec. 17315. (1) Subject to section 16182, this part or a rule promulgated under this part shall not require an applicant for a limited license as a nursing home administrator of a Christian Science nursing home to meet a medical educational qualification or to pass an examination on medical subjects.

(2) A license issued under this section shall describe its limitation.

Sec. 17317. Subject to section 16186, the department may issue a nursing home administrator's license, without examination, to an individual who holds a current license as a nursing home administrator from another state if the applicant passes an examination approved by the department and the board which tests the individual's knowledge of law relating to practice in Michigan.

Sec. 17319. (1) An individual who holds a license issued under former article 19 of the occupational code, 1980 PA 299, on the effective date of the amendatory act that added this part is licensed under this part until that license expires and may renew his or her license pursuant to part 161.

(2) The members of the nursing home administrators' board created under former section 1902 of the occupational code, 1980 PA 299, shall serve as the initial members of the nursing home administrators' board created in section 17305 until their successors are appointed under this article or until the expiration of their respective terms, whichever occurs first. However, if the term of a member of the nursing home administrators' board has not expired on the effective date of the amendatory act that added this part, that term expires on June 30 of the year in which the term will expire.

(3) Rules promulgated by the nursing home administrators' board, the department, or the director under former article 19 of the occupational code, 1980 PA 299, and in effect on the effective date of the amendatory act that added this part continue in effect to the extent that they do not conflict with this article and shall continue to be enforced. The rules may be amended or rescinded by the director.

Sec. 21720. (1) The department shall not license a nursing home under this part unless that nursing home is under the direction of a nursing home administrator licensed under article 15.

(2) Each nursing home having 50 beds or more shall have a full-time licensed nursing home administrator. If a nursing home changes nursing home administrators, the nursing home immediately shall notify the department of the change.

Enacting section 1. (1) Article 19 of the occupational code, 1980 PA 299, MCL 339.1901 to 339.1910, is repealed.

(2) Section 47 of the state license fee act, 1979 PA 152, MCL 338.2247, is repealed.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.