November 10, 2016, Introduced by Rep. Crawford and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 103, 303a, 2204, 2209, and 2210 (MCL 339.103,
339.303a, 339.2204, 339.2209, and 339.2210), section 103 as amended
by 1994 PA 257, section 303a as amended by 2014 PA 265, and
sections 2204, 2209, and 2210 as amended by 2008 PA 490, and by
adding sections 2206 and 2212; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 103. (1) "Board" means ,
in each article which deals 1
of
2 the following:
3 (a) In each of articles 7 to 26A, which deal with a specific
4 occupation or occupations, the board or agency created in that
5 article that is composed principally of members of the regulated
1 occupation, or, if such a board or agency is not created in that
2 article, board means the department.
3 (b) In articles 1 to 6 and in all other contexts, board means
4 each agency or board created under this act.
5 (2) "Censure" means an expression of disapproval of a
6 licensee's or registrant's professional conduct, which including
7 conduct that is not necessarily a violation of this act or a rule
8 promulgated or an order issued under this act.
9 (3) "Competence" means a degree of expertise which that
10 enables a person an
individual to engage in an occupation
at a
11 level which meets or exceeds minimal standards of acceptable
12 practice for the occupation.
13 (4) "Complaint" means an oral or written grievance.
14 (5) "Controlled substance" means a drug, substance, or
15 immediate precursor as set forth in section 7212, 7214, 7216, 7218,
16 or 7220 of the public health code, Act No. 368 of the Public Acts
17 of 1978, being sections 333.7212, 333.7214, 333.7216, 333.7218, and
18 333.7220 of the Michigan Compiled Laws, not excluded pursuant to
19 section 7227 of Act No. 368 of the Public Acts of 1978, being
20 section 333.7227 of the Michigan Compiled Laws.included in
21 schedules 1 to 5 of part 72 of the public health code, 1978 PA 368,
22 MCL 333.7201 to 333.7231.
23 Sec. 303a. The term of office of a member of a board appointed
24 under this article shall commence on 1 of the following dates, as
25 applicable:
|
26 |
Accountancy |
July 1 |
|
27 |
Architects |
April 1 |
|
1 |
Barbers |
October 1 |
|
2 |
Collection agencies |
July 1 |
|
3 |
Cosmetology |
January 1 |
|
4 |
Employment agencies |
October 1 |
|
5 |
Hearing aid dealers |
October 1 |
|
6 |
Land surveyors |
April 1 |
|
7 |
|
|
|
8 |
Mortuary science |
July 1 |
|
9 |
Professional engineers |
April 1 |
|
10 |
Real estate appraisers |
July 1 |
|
11 |
Real estate brokers and salespersons |
July 1 |
|
12 |
Residential builders |
April 1 |
13 Sec. 2204. (1) An applicant for licensure as a landscape
14 architect shall be of good moral character and shall pass a written
15 examination developed by the department. In addition, each
16 applicant shall have had not less than 7 years of training and
17 experience in the actual implementation and practice of landscape
18 architecture. Satisfactory completion of each year up to 5 years of
19 an accredited course in landscape architecture in an accredited
20 school shall be considered as equivalent to a year of experience.
21 An applicant is eligible for licensure as a landscape architect if
22 he or she meets both of the following:
23 (a) Is of good moral character.
24 (b) Successfully completes a program for the training of
25 landscape architects that meets subsection (3) and submits proof
26 that is satisfactory to the department of the successful completion
27 of that training program.
1 (2) If it receives an application for licensure from an
2 individual who is eligible for a license under subsection (1), the
3 department shall issue the license.
4 (3) For purposes of subsection (1)(b), a training program must
5 meet the education, examination, and experience requirements
6 established by rule by the department in consultation with the
7 Michigan Council of Landscape Architects, and the department shall
8 consider any professional standards for landscape architects
9 adopted by that organization in establishing those requirements.
10 The department may determine whether a training program meets the
11 requirements of this subsection, or may contract under section 210
12 with the Michigan Council of Landscape Architects or another person
13 or agency to make that determination on the department's behalf.
14 (4) A license as a landscape architect is valid for 2 years,
15 beginning on the date it is issued or renewed.
16 Sec. 2206. (1) Subject to subsection (4), an individual who
17 holds a valid license under this article is eligible to renew his
18 or her license as a landscape architect if he or she successfully
19 completes a continuing education program for landscape architects
20 that meets subsection (3) during the term of his or her current
21 license and submits proof that is satisfactory to the department of
22 the successful completion of that continuing education program.
23 (2) If it receives an application for renewal from a licensee
24 who is eligible to renew his or her license under subsection (1),
25 the department shall renew the license.
26 (3) For purposes of subsection (1), a continuing education
27 program must meet the requirements established by rule by the
1 department in consultation with the Michigan Council of Landscape
2 Architects, and the department shall consider any professional
3 standards for the continuing education of landscape architects
4 adopted by that organization in establishing those requirements.
5 The department may determine whether a training program meets the
6 requirements of this subsection, or may contract under section 210
7 with the Michigan Council of Landscape Architects or another person
8 or agency to make that determination on the department's behalf.
9 (4) A licensee is not required to complete a continuing
10 education program under this section to renew his or her license if
11 he or she meets any of the following:
12 (a) Was issued a license under section 2209 and is seeking his
13 or her first renewal of that license.
14 (b) Is on active duty in the armed forces of the United States
15 and his or her active duty status restricts his or her
16 participation in a continuing education program described in
17 subsection (1).
18 (c) Is experiencing physical disability, illness, or other
19 extenuating circumstances that restrict his or her participation in
20 a continuing education program described in subsection (1), as
21 determined by the department.
22 (5) A renewal license as a landscape architect is valid for 2
23 years, beginning on the date it is issued or renewed.
24 Sec. 2209. The department may issue a license without
25 examination to an applicant
who is legally registered, licensed, or
26 regulated as a landscape architect in any other state or country
27 whose requirements for registration, licensure, or other regulation
1 are at least substantially equivalent to the requirements of this
2 state.
3 Sec. 2210. (1) Each landscape architect shall have a seal,
4 approved by the department, and the board, which shall contain that
5 bears the name of the landscape architect, the number of his or her
6 license, and the legend "landscape architect, state of Michigan"
7 and any other words or figures as that the
department considers
8 necessary. Plans,
9 (2) A landscape architect shall ensure that his or her seal is
10 applied to all plans, specifications, and reports prepared by the
11 landscape architect or under his or her supervision shall be
12 stamped with his or her seal when filed with a public authority.
13 and shall validate the use of the seal by signing the document
14 across the seal or adjacent to it.
15 (3) A landscape architect shall ensure that his or her seal is
16 not applied to any plans, specifications, or reports that are not
17 prepared by or under the supervision of the landscape architect.
18 (4) A person shall not use the seal of a licensed landscape
19 architect without the authorization of the licensed landscape
20 architect.
21 (5) (2) A
landscape architect who indorses a document with
22 applies his or her seal to a document while his or her license is
23 not in full force and effect, or who indorses a document which the
24 landscape architect did not actually prepare or supervise the
25 preparation, violates
this section, is subject to the
penalties
26 prescribed in article 6.
27 Sec. 2212. R 339.19001 to R 339.19049 of the Michigan
1 Administrative Code are rescinded.
2 Enacting section 1. Sections 2203 and 2205 of the occupational
3 code, 1980 PA 299, MCL 339.2203 and 339.2205, are repealed.
4 Enacting section 2. This amendatory act takes effect 180 days
5 after the date it is enacted into law.