November 1, 2011, Introduced by Senators NOFS, PAPPAGEORGE, BOOHER, GREGORY, JONES, PROOS, ROCCA, EMMONS, CASPERSON, JANSEN and MARLEAU and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 21313 (MCL 333.21313), as amended by 2010 PA
381.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21313. (1) The owner, operator, and governing body of a
home for the aged are responsible for all phases of the operation
of the home and shall assure that the home maintains an organized
program to provide room and board, protection, supervision,
assistance, and supervised personal care for its residents.
(2) The owner, operator, and governing body shall assure the
availability of emergency medical care required by a resident.
(3) The owner, operator, or member of the governing body of a
home for the aged and the authorized representative shall be of
good moral character.
(4) The department of human services shall not issue a license
to or renew the license of an owner, operator, or member of the
governing body, who has regular direct access to residents or who
has on-site facility operational responsibilities, or an applicant,
if an individual or the authorized representative, if any of those
individuals have been convicted of 1 or more of the following:
(a) A felony under this act or under chapter XXA of the
Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
(b) A misdemeanor under this act or under chapter XXA of the
Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r, within
the 10 years immediately preceding the application.
(c) A misdemeanor involving abuse, neglect, assault, battery,
or criminal sexual conduct or involving fraud or theft against a
vulnerable adult as that term is defined in section 145m of the
Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or
federal crime that is substantially similar to a misdemeanor
described in this subdivision within the 10 years immediately
preceding the application.
(5)
The applicant for a license for a home for the aged, if an
individual,
shall give written consent at the time of license
application
for the department of state police to conduct a
criminal
history check and criminal records check. The authorized
representative
shall give written consent at the time of
appointment
for the department of state police to conduct a
criminal
history check and criminal records check.
(6)
An owner, operator, or member of the governing body who
has
regular direct access to residents or who has on-site facility
operational
responsibilities for a home for the aged shall give
written
consent at the time of license application for the
department
of state police to conduct a criminal history check and
criminal
records check.
(5) Each person applying for a license to operate a home for
the aged shall, at the time of the license application, give
written consent for the department of state police to conduct both
of the following on the applicant:
(a) A criminal history check.
(b) A criminal records check through the federal bureau of
investigation.
(6) Unless already submitted under subsection (5), if an
organization applies for or applies to renew a license for a home
for the aged, the department of human services shall request that
the department of state police conduct a criminal history check and
criminal records check described in subsection (5). The department
of human services shall require the owner, operator, or member of
the governing body who has on-site operational responsibilities to
submit his or her fingerprints to the department of state police
for the criminal history check and criminal records check described
in subsection (5).
(7)
Not later than 1 year after the effective date of the 2010
2011
amendatory act that added amended this
subsection, all owners,
operators, and members of the governing body of homes for the aged
who
have regular direct access to residents or who have on-site
facility
operational responsibilities and
all authorized
representatives shall comply with the requirements of this section.
(8) The department of human services shall request a criminal
history check and criminal records check in the manner prescribed
by the department of state police. The department of state police
shall conduct the criminal history check and provide a report of
the results to the licensing or regulatory bureau of the department
of human services. The report shall contain any criminal history
information on the person maintained by the department of state
police and the results of the criminal records check from the
federal bureau of investigation. The department of state police may
charge the person on whom the criminal history check and criminal
records check are performed under this section a fee for the checks
required under this section that does not exceed the actual cost
and reasonable cost of conducting the checks.
(9) Beginning the effective date of the 2011 amendatory act
that added this subsection, if an applicant or licensee designee or
person described in subsection (6) applies for a license or to
renew a license to operate a home for the aged and he or she or the
licensee designee previously underwent a criminal history check and
criminal records check required under subsection (5) or (6) or
under section 134a of the mental health code, 1974 PA 258, MCL
330.1134a, and has remained continuously licensed or continuously
employed under section 20173a or under section 34b of the adult
foster care facility licensing act, 1979 PA 218, MCL 400.734b,
after the criminal history check and criminal records check have
been performed, that person is not required to submit to another
criminal history check or criminal records check upon renewal of
the license obtained under this section.
(10) (9)
The department of state police
shall store and
maintain all fingerprints submitted under this act in an automated
fingerprint identification system database that provides for an
automatic notification at the time a subsequent criminal arrest
fingerprint card submitted into the system matches a set of
fingerprints previously submitted in accordance with this act. At
the time of that notification, the department of state police shall
immediately notify the department of human services. The department
of human services shall take the appropriate action upon
notification by the department of state police under this
subsection.
(11) (10)
An applicant, owner, operator,
member of a governing
body, or authorized representative of a home for the aged shall not
be present in a home for the aged if he or she has been convicted
of either of the following:
(a) Vulnerable adult abuse, neglect, or financial
exploitation.
(b) A listed offense as defined in section 2 of the sex
offenders registration act, 1994 PA 295, MCL 28.722.