September 12, 2006, Introduced by Senator HAMMERSTROM and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16174, 17011, and 17511 (MCL 333.16174,
333.17011, and 333.17511), section 16174 as amended by 2006 PA 26
and section 17011 as amended by 1993 PA 79.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16174. (1) An individual who is licensed or registered
under this article shall meet all of the following requirements:
(a) Be 18 or more years of age.
(b) Be of good moral character.
(c) Have a specific education or experience in the health
profession or in a health profession subfield or health profession
specialty field of the health profession, or training equivalent,
or both, as prescribed by this article or rules of a board
necessary to promote safe and competent practice and informed
consumer choice.
(d) Have a working knowledge of the English language as
determined in accordance with minimum standards established for
that purpose by the department.
(e) Pay the appropriate fees as prescribed in this article.
(2) In addition to the requirements of subsection (1), an
applicant for licensure, registration, specialty certification, or
a health profession specialty subfield license under this article
shall meet all of the following requirements:
(a) Establish that disciplinary proceedings before a similar
licensure, registration, or specialty licensure or specialty
certification board of this or any other state, of the United
States military, of the federal government, or of another country
are not pending against the applicant.
(b) Establish that if sanctions have been imposed against the
applicant by a similar licensure, registration, or specialty
licensure or specialty certification board of this or any other
state, of the United States military, of the federal government, or
of another country based upon grounds that are substantially
similar to those set forth in this article or article 7 or the
rules promulgated under this article or article 7, as determined by
the board or task force to which the applicant applies, the
sanctions are not in force at the time of application. This
subdivision does not apply to an application for licensure that the
board may grant under section 17011(4) or 17511(2).
(c) File with the board or task force a written, signed
consent to the release of information regarding a disciplinary
investigation involving the applicant conducted by a similar
licensure, registration, or specialty licensure or specialty
certification board of this or any other state, of the United
States military, of the federal government, or of another country.
(3) Beginning May 1, 2006, an applicant for initial licensure
or registration shall submit his or her fingerprints to the
department of state police to have a criminal history check
conducted and request that the department of state police forward
his or her fingerprints to the federal bureau of investigation for
a national criminal history check. The department of state police
shall conduct a criminal history check and request the federal
bureau of investigation to make a determination of the existence of
any national criminal history pertaining to the applicant. The
department of state police shall provide the department with a
written report of the criminal history check if the criminal
history check contains any criminal history record information. The
department of state police shall forward the results of the federal
bureau of investigation determination to the department within 30
days after the request is made. The department shall notify the
board and the applicant in writing of the type of crime disclosed
on the federal bureau of investigation determination without
disclosing the details of the crime. The department of state police
may charge a reasonable fee to cover the cost of conducting the
criminal history check. The criminal history record information
obtained under this subsection shall be used only for the purpose
of evaluating an applicant's qualifications for licensure or
registration for which he or she has applied. A member of the board
shall not disclose the report or its contents to any person who is
not directly involved in evaluating the applicant's qualifications
for licensure or registration. Information obtained under this
subsection is confidential, is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall not be disclosed to any person except for purposes of this
section or for law enforcement purposes.
(4) Before granting a license, registration, specialty
certification, or a health profession specialty field license to an
applicant, the board or task force to which the applicant applies
may do 1 of the following:
(a) Make an independent inquiry into the applicant's
compliance with the requirements described in subsection (2). If
subsection (2)(b) applies to an application for licensure and a
licensure or registration board or task force determines under
subsection (2)(b) that sanctions have been imposed and are in force
at the time of application, the board or task force shall not grant
a license or registration or specialty certification or health
profession specialty field license to the applicant.
(b) Require the applicant to secure from a national
association or federation of state professional licensing boards
certification of compliance with the requirements described in
subsection (2). If an application is for licensure that the board
may grant under section 17011(4) or 17511(2), the applicant is not
required to secure the certification of compliance with respect to
the requirements described in subsection (2)(b).
(5) If, after issuing a license, registration, specialty
certification, or health profession specialty field license, a
board or task force or the department determines that sanctions
have been imposed against the licensee or registrant by a similar
licensure or registration or specialty licensure or specialty
certification board as described in subsection (2)(b), the
disciplinary subcommittee may impose appropriate sanctions upon the
licensee or registrant. The licensee or registrant may request a
show cause hearing before a hearing examiner to demonstrate why the
sanctions should not be imposed.
(6) An applicant for licensure, registration, specialty
certification, or a health profession specialty field license who
is or has been licensed, registered, or certified in a health
profession or specialty by another state or country shall disclose
that fact on the application form.
Sec. 17011. (1) An individual shall not engage in the practice
of medicine or practice as a physician's assistant unless licensed
or otherwise authorized by this article. An individual shall not
engage in teaching or research that requires the practice of
medicine unless the individual is licensed or otherwise authorized
by this article.
(2) Notwithstanding section 16145 or rules promulgated
pursuant
to under that section, the board may grant a license to
an individual who meets the requirements of section 16186 or
17031(2) after reviewing the applicant's record of practice,
experience, and credentials and determining that the applicant is
competent to practice medicine.
(3) For individuals applying for licensure under section
16186, the board shall not impose requirements on graduates of
medical schools located outside the United States or Canada that
exceed the requirements imposed on graduates of medical schools
located in the United States or Canada.
(4) Notwithstanding section 16145 or rules promulgated under
that section, the board may grant a license in accordance with
section 16186 after determining that each of the following
conditions is satisfied:
(a) The applicant has disclosed that a sanction is in force
against him or her as described in section 16174(2)(b) 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, that sanction should not prevent the
applicant from being granted a license in this state.
(b) The sanction imposed by the other state is not permanent.
(c) If the applicant was 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 the applicant ceased engaging in the
practice of medicine in that state.
(d) As a condition of licensure under this subsection, the
applicant voluntarily agrees to complete a probationary period or
treatment plan, the terms of which are no less stringent than those
imposed by the state that imposed the sanction.
Sec. 17511. (1) A person shall not engage in the practice of
osteopathic medicine and surgery or practice as a physician's
assistant unless licensed or otherwise authorized by this article.
(2) Notwithstanding section 16145 or rules promulgated under
that section, the board may grant a license in accordance with
section 16186 after determining that each of the following
conditions is satisfied:
(a) The applicant has disclosed that a sanction is in force
against him or her as described in section 16174(2)(b) and
considering the reasons for the sanction and the applicant's record
of practice, experience, credentials, and competence to engage in
the practice of osteopathic medicine and surgery, that sanction
should not prevent the applicant from being granted a license in
this state.
(b) The sanction imposed by the other state is not permanent.
(c) If the applicant was 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 the applicant ceased engaging in the
practice of osteopathic medicine and surgery in that state.
(d) As a condition of licensure under this subsection, the
applicant voluntarily agrees to complete a probationary period or
treatment plan, the terms of which are no less stringent than those
imposed by the state that imposed the sanction.