1425: FLOOR ANALYSIS (9-14-06) - OUT-OF-STATE PHYSICIAN SANCTIONS

OUT-OF-STATE PHYSICIAN SANCTIONS S.B. 1425 (S-1): FLOOR ANALYSIS

Senate Bill 1425 (Substitute S-1 as reported)
Sponsor: Senator Bev Hammerstrom
Committee: Health Policy

CONTENT
The bill would amend the Public Health Code to allow the licensure of a physician against whom sanctions imposed by an out-of-State regulatory body were pending, if the Board of Medicine or the Board of Osteopathic Medicine and Surgery, as applicable, determined that each of the following conditions was satisfied:

-- The applicant disclosed that a sanction was in force against him or her, and, considering the reasons for the sanction and the applicant's record of practice, experience, credentials, and competence to engage in the practice of medicine or osteopathic medicine and surgery, that sanction should not prevent him or her from being granted a license in Michigan.
-- The sanction imposed by the other state was not permanent.
-- The sanction imposed by the other state was not the result of a patient safety violation.
-- If the applicant were required by the state that imposed the sanction to participate in and complete a probationary period or treatment plan as a condition of the continuation of his or her licensure, the applicant did not complete the probationary period or treatment plan because he or she ceased engaging in the practice of medicine or osteopathic medicine and surgery in that state.
-- As a condition of licensure in Michigan, the applicant agreed voluntarily to complete a probationary period or treatment plan, the terms of which were no less stringent than those imposed by the state that imposed the sanction.

MCL 333.16174 et al. Legislative Analyst: Julie Cassidy

FISCAL IMPACT
It is unlikely that implementation of these changes to the Public Health Code would result in a significant fiscal impact. The Department could see a small increase in fee revenue from increased applications from medical professionals seeking licensure through the provisions outlined in the bill. Individuals seeking licensure as a medical doctor or doctor of osteopathy must pay a one-time $50 application processing fee and an annual $90 license fee. Physician's assistants are charged a one-time $30 application processing fee and an annual $50 license fee.

Date Completed: 9-14-06 Fiscal Analyst: David Fosdick

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1425/0506