HB-5354, As Passed House, November 28, 2007
October 24, 2007, Introduced by Rep. McDowell and referred to the Committee on Appropriations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16315 (MCL 333.16315), as amended by 2001 PA
232.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16315. (1) The health professions regulatory fund is
established in the state treasury. Except as otherwise provided in
this section, the state treasurer shall credit the fees collected
under sections 16319 to 16349 to the health professions regulatory
fund. The money in the health professions regulatory fund shall be
expended only as provided in subsection (5).
(2) The state treasurer shall direct the investment of the
health professions regulatory fund. Interest and earnings from
health professions regulatory fund investment shall be credited to
the health professions regulatory fund.
(3) The unencumbered balance in the health professions
regulatory fund at the close of the fiscal year shall remain in the
health professions regulatory fund and shall not revert to the
general fund.
(4) The health professions regulatory fund may receive gifts
and devises and other money as provided by law.
(5)
The department of consumer and industry services community
health
shall use the health professions
regulatory fund only to
carry out its powers and duties under this article and article 7
including, but not limited to, reimbursing the department of
attorney general for the reasonable cost of services provided to
the
department of consumer and industry services community health
under this article and article 7. Subject to appropriations by the
legislature and approval by the governor, the department of
community health may also use the health professions regulatory
fund to support health information technology initiatives.
(6) The nurse professional fund is established in the state
treasury. Of the money that is attributable to per-year license
fees collected under section 16327, the state treasurer shall
credit $2.00 of each individual annual license fee collected to the
nurse professional fund. The money in the nurse professional fund
shall be expended only as provided in subsection (9).
(7) The state treasurer shall direct the investment of the
nurse professional fund, and shall credit interest and earnings
from the investment to the nurse professional fund. The nurse
professional fund may receive gifts and devises and other money as
provided by law.
(8) The unencumbered balance in the nurse professional fund at
the close of the fiscal year shall remain in the nurse professional
fund and shall not revert to the general fund.
(9)
The department of consumer and industry services community
health shall use the nurse professional fund each fiscal year only
as follows:
(a) The department may use not more than 1/3 of the nurse
professional fund for the establishment and operation of a nurse
continuing education program.
(b) The department may use not more than 1/3 of the nurse
professional fund to perform research and development studies to
promote and advance the nursing profession.
(c) The department shall use not less than 1/3 of the nurse
professional fund to establish and operate a nursing scholarship
program.
(10)
The official prescription form program fund established
by
the amendatory act that added this section is abolished. The
money
remaining in the official prescription form program fund on
the
effective date of the amendatory act that added subsection (11)
shall
be transferred by the state treasurer to the pain management
education
and controlled substances electronic monitoring and
antidiversion
fund created in subsection (11).
(10) (11)
The pain management education and
controlled
substances electronic monitoring and antidiversion fund is
established in the state treasury.
(11) (12)
The state treasurer shall direct
the investment of
the pain management education and controlled substances electronic
monitoring and antidiversion fund. Interest and earnings from
investment of the pain management education and controlled
substances electronic monitoring and antidiversion fund shall be
credited to the pain management education and controlled substances
electronic monitoring and antidiversion fund.
(12) (13)
The unencumbered balance in the
pain management
education and controlled substances electronic monitoring and
antidiversion fund at the close of the fiscal year shall remain in
the pain management education and controlled substances electronic
monitoring and antidiversion fund and shall not revert to the
general fund. The pain management education and controlled
substances electronic monitoring and antidiversion fund may receive
gifts and devises and other money as provided by law. Twenty
dollars
of the license fee received by the department of consumer
and
industry services community
health under section 16319 shall be
deposited with the state treasurer to the credit of the pain
management education and controlled substances electronic
monitoring and antidiversion fund. The department shall use the
pain management education and controlled substances electronic
monitoring and antidiversion fund only in connection with programs
relating to pain management education for health professionals,
preventing the diversion of controlled substances, and development
and maintenance of the electronic monitoring system for controlled
substances data required by section 7333a.