SB-0935, As Passed Senate, September 10, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 935

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17001 and 17021 (MCL 333.17001 and

 

333.17021), section 17001 as amended by 2006 PA 161 and section

 

17021 as amended by 1993 PA 79, and by adding sections 16326,

 

17091, 17092, 17093, 17094, 17095, and 17096.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 16326. Fees for an individual licensed or seeking

 

 2  licensure to engage in the practice of genetic counseling under

 

 3  part 170 are as follows:

 

 

4

     (a) Application processing fee..................  $ 55.00

5

     (b) License fee, per year.......................    95.00

6

     (c) Temporary license fee, per year.............    50.00

 

 

 1        Sec. 17001. (1) As used in this part:

 

 2        (a) "Academic institution" means either of the following:

 

 3        (i) A medical school approved by the board.

 

 4        (ii) A hospital licensed under article 17 that meets all of

 

 5  the following requirements:

 

 6        (A) Was the sole sponsor or a co-sponsor, if each other co-

 

 7  sponsor is either a medical school approved by the board or a

 

 8  hospital owned by the federal government and directly operated by

 

 9  the United States department of veterans' veterans affairs, of

 

10  not less than 4 postgraduate education residency programs

 

11  approved by the board under section 17031(1) for not less than

 

12  the 3 years immediately preceding the date of an application for

 

13  a limited license under section 16182(2)(c) or an application for

 

14  a full license under section 17031(2), provided that if at least

 

15  1 of the residency programs is in the specialty area of medical

 

16  practice, or in a specialty area that includes the subspecialty

 

17  of medical practice, in which the applicant for a limited license

 

18  proposes to practice or in which the applicant for a full license

 

19  has practiced for the hospital.

 

20        (B) Has spent not less than $2,000,000.00 for medical

 

21  education during each of the 3 years immediately preceding the

 

22  date of an application for a limited license under section

 

23  16182(2)(c) or an application for a full license under section

 

24  17031(2). As used in this subparagraph, sub-subparagraph,

 

25  "medical education" means the education of physicians and

 

26  candidates for degrees or licenses to become physicians,

 

 1  including, but not limited to, physician staff, residents,

 

 2  interns, and medical students.

 

 3        (b) "Electrodiagnostic studies" means the testing of

 

 4  neuromuscular functions utilizing nerve conduction tests and

 

 5  needle electromyography. It does not include the use of surface

 

 6  electromyography.

 

 7        (c) "Genetic counselor" means an individual licensed under

 

 8  this part to engage in the practice of genetic counseling.

 

 9        (d) (c) "Medical care services" means those services within

 

10  the scope of practice of physicians licensed by the board, except

 

11  those services that the board determines shall not be delegated

 

12  by a physician without endangering because a delegation would

 

13  endanger the health and safety of patients, as provided for in

 

14  section 17048(3).

 

15        (e) (d) "Physician" means an individual licensed under this

 

16  article to engage in the practice of medicine.

 

17        (f) (e) "Podiatrist" means an individual licensed under this

 

18  article to engage in the practice of podiatric medicine and

 

19  surgery.

 

20        (g) "Practice of genetic counseling" means provision of any

 

21  of the following services:

 

22        (i) Obtaining and evaluating individual, family, and medical

 

23  histories to determine the genetic risk for genetic or medical

 

24  conditions or diseases in a client, the client's descendants, or

 

25  other family members of the client.

 

26        (ii) Discussing with a client the features, natural history,

 

27  means of diagnosis, genetic and environmental factors, and

 

 1  management of the genetic risks of genetic or medical conditions

 

 2  or diseases.

 

 3        (iii) Identifying and coordinating appropriate genetic

 

 4  laboratory tests and other diagnostic studies for genetic

 

 5  assessment of a client.

 

 6        (iv) Integrating genetic laboratory test results and other

 

 7  diagnostic studies with personal and family medical history to

 

 8  assess and communicate a client's risk factors for genetic or

 

 9  medical conditions or diseases.

 

10        (v) Explaining to a client the clinical implications of

 

11  genetic laboratory tests and other diagnostic studies and their

 

12  results.

 

13        (vi) Evaluating the responses of a client and the client's

 

14  family to a genetic or medical condition or disease or to the

 

15  risk of recurrence of that condition or disease and providing

 

16  client-centered counseling and anticipatory guidance.

 

17        (vii) Identifying and utilizing community resources that

 

18  provide medical, educational, financial, and psychosocial support

 

19  and advocacy to a client.

 

20        (viii) Providing written documentation of medical, genetic,

 

21  and counseling information for families of and health care

 

22  professionals of a client.

 

23        (h) (f) "Practice of medicine" means the diagnosis,

 

24  treatment, prevention, cure, or relieving of a human disease,

 

25  ailment, defect, complaint, or other physical or mental

 

26  condition, by attendance, advice, device, diagnostic test, or

 

27  other means, or offering, undertaking, attempting to do, or

 

 1  holding oneself out as able to do, any of these acts.

 

 2        (i) (g) "Practice as a physician's assistant" means the

 

 3  practice of medicine, practice of osteopathic medicine and

 

 4  surgery, or practice of podiatric medicine and surgery performed

 

 5  under the supervision of a physician, or a podiatrist, or an

 

 6  osteopathic physician licensed under this article.

 

 7        (j) "Qualified supervisor" means an individual who is a

 

 8  genetic counselor and who holds a license under this part other

 

 9  than a temporary or limited license.

 

10        (k) (h) "Supervision" means that term as defined in section

 

11  16109, except that it also includes the existence of a

 

12  predetermined plan for emergency situations, including, but not

 

13  limited to, the designation of a physician to supervise a

 

14  physician's assistant in the absence of the primary supervising

 

15  physician.

 

16        (l) (i) "Task force" means the joint task force created in

 

17  section 17025.

 

18        (m) "Temporary licensed genetic counselor" means a genetic

 

19  counselor who has been issued a temporary license under this

 

20  article.

 

21        (2) In addition to the definitions in this part, article 1

 

22  contains definitions and principles of construction applicable to

 

23  all articles in this code and part 161 contains definitions

 

24  applicable to this part.

 

25        Sec. 17021. (1) The Michigan board of medicine is created in

 

26  the department and shall consist consists of the following 19

 

27  voting members who shall meet the requirements of part 161: 10

 

 1        (a) Ten physicians. , 1

 

 2        (b) One physician's assistant. , and 8

 

 3        (c) One genetic counselor. However, the governor shall not

 

 4  appoint a genetic counselor member to the board until there are

 

 5  only 7 public members of the board under subdivision (d).

 

 6        (d) Seven public members. However, if there are 8 public

 

 7  members of the board on the effective date of the amendatory act

 

 8  that added this sentence, each public member of the board may

 

 9  continue in office until he or she resigns or otherwise vacates

 

10  the office or until the expiration of his or her term.

 

11        (2) The requirement of section 16135(d) that a board member

 

12  shall have practiced that profession for 2 years immediately

 

13  before appointment is waived until September 30, 1980 for members

 

14  of the board licensed in a health profession subfield created by

 

15  this part.

 

16        (2) (3) The board of medicine shall does not have the powers

 

17  and duties vested in the task force by sections 17060 to 17084.

 

18        Sec. 17091. (1) The department, in consultation with the

 

19  board, shall promulgate rules that specify the minimum standards

 

20  for licensure, temporary licensure, and license renewal of

 

21  genetic counselors.

 

22        (2) In addition to any other requirements of this article,

 

23  the board shall perform other functions and duties as necessary

 

24  to carry out the regulation of genetic counselors under this

 

25  part.

 

26        Sec. 17092. To be licensed as a genetic counselor under this

 

27  part, an individual shall do all of the following:

 

 1        (a) Submit an application prescribed by the board.

 

 2        (b) Pay the fee prescribed in section 16326.

 

 3        (c) Provide satisfactory evidence of having current

 

 4  certification through a nationally recognized certifying agency

 

 5  for genetic counselors or medical geneticists approved by the

 

 6  board.

 

 7        Sec. 17093. Beginning 1 year after the effective date of the

 

 8  rules promulgated under section 17091, an individual shall not

 

 9  engage in the practice of genetic counseling unless he or she is

 

10  licensed as a genetic counselor under this part.

 

11        Sec. 17094. A temporary licensed genetic counselor shall

 

12  work under the supervision of a qualified supervisor at all times

 

13  during which the temporary licensed genetic counselor engages in

 

14  the practice of genetic counseling.

 

15        Sec. 17095. (1) Except as otherwise provided in subsection

 

16  (2), an individual who is not licensed as a genetic counselor

 

17  under this part shall not use in connection with his or her name

 

18  or place of business, the title "genetic counselor", "licensed

 

19  genetic counselor", "gene counselor", "genetic consultant",

 

20  "genetic associate" or any words, letters, abbreviations, or

 

21  insignia indicating or implying a person holds a license to

 

22  engage in the practice of genetic counseling under this part.

 

23        (2) Sections 17091 to 17096 do not apply to an individual

 

24  licensed by this state to engage in the practice of a health

 

25  profession other than the practice of genetic counseling when

 

26  acting within the scope of the individual's health profession and

 

27  doing work of a nature consistent with the person's education and

 

 1  training.

 

 2        Sec. 17096. To obtain a license renewal as a genetic

 

 3  counselor under this part, a licensee shall present satisfactory

 

 4  evidence to the board that in the period since the license was

 

 5  issued or last renewed the licensee has maintained certification

 

 6  through a nationally recognized certifying agency for genetic

 

 7  counselors or medical geneticists approved by the board.