SB-0597, As Passed Senate, October 2, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 597

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16148 and 17060 (MCL 333.16148 and 333.17060),

section 16148 as amended by 1995 PA 115 and section 17060 as

amended by 1990 PA 247.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16148. (1) Except as otherwise provided in this section

or section 17060, only the department, in consultation with a

board, may promulgate rules to establish standards for the

education and training of individuals to be licensed or registered,

or whose licenses or registrations are to be renewed, for the

purposes of determining whether graduates of a training program

have the knowledge and skills requisite for practice of a health

profession or use of a title. By 2 years after the effective date

of the amendatory act that added this sentence, the department

shall promulgate rules to include training standards for

identifying victims of human trafficking required for individuals

licensed or registered under this article, except those licensed

under part 188 or subject to section 17060. The training standards

for identifying victims of human trafficking shall apply for a

license or registration renewal beginning with the first renewal

cycle after the rules are promulgated and for an initial license or

registration issued 5 or more years after the rules are

promulgated.

     (2) Except as otherwise provided in section 17060 and subject

to subsection subsections (6) and (7), only a board may accredit

training programs in hospitals, schools, colleges, universities,

and institutions offering training programs meeting educational

standards and may deny or withdraw accreditation of training

programs for failure to meet established standards. A The board

shall give a hospital, school, college, university, or institution

that has its program accreditation withdrawn shall have an

opportunity for a hearing.

     (3) An action or decision of a board pursuant to The board

shall take action or make a decision under subsection (1) or (2)

relating to a specific health profession subfield shall be made

only after consultation with the task force in the affected health

profession subfield and with at least 1 of the affected health

profession subfield board members present.

     (4) A member of a licensing board from the health profession

subfield shall vote as an equal member in all matters except those

issues designated in subsections (1) and (2) that are outside the

health profession subfield.

     (5) A decision of a board on standards for the education and

training of individuals or the accreditation of a training program

under subsection (1) or (2) shall must be concurred in by a

majority of the board members who are not health profession

subfield licensees if the decision relates solely to licenses that

are not health profession subfield licenses.

     (6) The requirement of rule 305(2)(b)(iii), being subsection

(2)(b)(iii) of R 338.10305 of the Michigan administrative code, that

each member of the nursing faculty in a program of nursing

education for registered nurses who provides instruction in the

clinical laboratory or cooperating agencies hold a baccalaureate

degree in nursing science does not apply to a member of the nursing

faculty described in this subsection who meets both of the

following requirements:

     (a) Was employed by or under contract to a program of nursing

education on or before September 1, 1989.

     (b) Is employed by or under contract to a program of nursing

education on the effective date of the amendatory act that added

this subsection.June 29, 1995.

     (7) The requirement of rule 305(2)(c)(ii), being subsection

(2)(c)(ii) of R 338.10305 of the Michigan administrative code, that

each member of the nursing faculty in a program of nursing

education for licensed practical nurses hold a baccalaureate degree

in nursing science does not apply to a member of the nursing

faculty described in this subsection who meets both of the

following requirements:

     (a) Was employed by or under contract to a program of nursing

education on or before September 1, 1989.

     (b) Is employed by or under contract to a program of nursing

education on the effective date of the amendatory act that added

this subsection.June 29, 1995.

     Sec. 17060. The task force shall:

     (a) Promulgate rules necessary for the implementation of its

powers and duties and may perform the acts and make the

determinations necessary for the proper implementations of those

powers and duties.

     (b) Promulgate rules to establish the requirements for the

education, training, or experience of physician's assistants for

licensure in this state. The requirements shall take into account

nationally recognized standards for education, training, and

experience and the desired utilization of physician's assistants.

By 2 years after the effective date of the amendatory act that

added this sentence, the rules must include training standards for

identifying victims of human trafficking. The training standards

for identifying victims of human trafficking shall apply for a

physician's assistant license or registration renewal beginning

with the first renewal cycle after the rules are promulgated and

for an initial license or registration issued 5 or more years after

the rules are promulgated.

     (c) Develop and make public guidelines on the appropriate

delegation of functions to and supervision of physician's

assistants according to the level of education, training, or

experience of physician's assistants. The guidelines are not

binding, but shall serve to explain how the task force's training

criteria coincides with the board's expectation for delegation to

and supervision of physician's assistants by physicians.

     (d) Direct the department to issue licenses to applicants who

meet the requirements of this part and the rules promulgated under

this part for practice and use of the title of physician's

assistant.

     (e) Promulgate rules to establish criteria for the evaluation

of programs for the education and training of physician's

assistants for the purpose of determining whether graduates of the

programs have the knowledge and skills requisite for practice and

use of the title physician's assistant in this state as defined by

this part and the rules promulgated under this part. The criteria

established shall be substantially consistent with nationally

recognized standards for the education and training of physician's

assistants. Until the criteria are established, the criteria

developed by the advisory commission on physician's assistants

shall remain in effect. The task force shall consider and may use

where appropriate the criteria established by professional

associations, education accrediting bodies, or governmental

agencies. In establishing criteria for the evaluation of education

and training programs, the task force may seek the advice of the

boards and the department of education.

     (f) Make written recommendations to the boards concerning the

rules to be developed for approval by the boards of physicians to

supervise physician's assistants, including recommendations for

appropriate utilization of physician's assistants by level of

preparation where appropriate.

     (g) File an annual report with the department and the boards

containing matters prescribed by the department and boards.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.