HB-4067, As Passed House, December 19, 2018

HB-4067, As Passed Senate, December 13, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4067

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501),

as amended by 2016 PA 379, and by adding sections 16189a, 16189b,

17011a, 17511a, and 20189.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 16189a. (1) Notwithstanding section 16189 and any rule

promulgated by the interstate commission under the compact, a

member board of this state may only disclose information about an

individual under the compact if all of the following are met:

(a) Any of the following apply to the individual:

(i) He or she holds a current expedited license that was

granted by a member board of this state under the compact.

(ii) He or she holds a current expedited license that was

granted by another member state or is applying to receive an

expedited license in another member state, and this state is

currently designated as the individual's state of principal

license.

(iii) He or she is requesting to designate this state as his

or her state of principal license under the compact.

(iv) He or she is applying to receive an expedited license to

practice in this state under the compact.

(b) The information is provided only to a member board of

another state with responsibility for authorizing the practice of

medicine in the member state or to the interstate commission.

of this state.

(2) A subpoena issued under the compact is only enforceable in

this state or against a citizen of this state if all of the

following apply:

(a) The subpoena is issued by a member board with

responsibility for authorizing the practice of medicine in the

member state.

(b) The individual being subpoenaed meets 1 of the following:

(i) He or she is a physician who holds a current expedited

license granted by a member board of this state under the compact.

(ii) He or she is a physician who holds a current expedited

license granted by another member state, and this state is

currently designated as the physician's state of principal license.

(3) In applying section 9(e) of the compact, a member board of

this state may only undertake an investigation of a violation of

another state's statute authorizing the practice of medicine if 1

of the following applies to the physician being investigated:

(a) He or she holds a current expedited license that was

granted by a member board of this state and holds a current

expedited license that was granted by the other state under the

compact.

(b) He or she holds a current expedited license that was

granted by a member board of this state under the compact and the

other state is the physician's currently designated state of

principal license.

granted by the other state under the compact and this state is the

physician's currently designated state of principal license.

(4) As used in this section and section 16189b:

(a) "Compact" means the interstate medical licensure compact

enacted in section 16189(1).

(b) "Expedited license" means that term as defined in section

2(d) of the compact.

section 2(e) of the compact.

(d) "Member board" means that term as defined in section 2(h)

of the compact.

(e) "Practice of medicine" means that term as defined in

section 2(j) of the compact.

(f) "State of principal license" means that term as defined in

section 2(o) of the compact.

Sec. 16189b. (1) An individual who is applying for an

expedited license under the compact with a member board of this

state shall submit 1 set of his or her fingerprints to the

department of state police in order for the department of state

police to conduct a criminal history check on the individual and to

forward the individual's fingerprints to the Federal Bureau of

Investigation for a national criminal history check. The individual

shall submit with the application his or her written consent to the

criminal history check described in this section and the submission

of his or her fingerprints to, and the inclusion of his or her

fingerprints in, the state and federal database systems described

in subsection (4).

(2) The fingerprints required under subsection (1) may be

taken by a law enforcement agency or any other person determined by

the department of state police to be qualified to take

fingerprints. The individual described in subsection (1) shall

submit a fingerprint processing fee to the department in an amount

required under section 3 of 1935 PA 120, MCL 28.273, and any costs

imposed by the Federal Bureau of Investigation.

(3) The department of state police shall conduct a criminal

history check on the individual described in subsection (1) and

shall request the Federal Bureau of Investigation to make a

determination of the existence of any national criminal history

pertaining to the individual. The department of state police shall

provide a member board of this state with a written report

containing the criminal history record information of the

individual who was the subject of the criminal history check

conducted under this section.

(4) All of the following apply concerning fingerprints

submitted to the department of state police under this section:

(a) The department of state police shall store and retain all

fingerprints submitted under this section in an automated

fingerprint identification system database that searches against

latent fingerprints, and provides for an automatic notification if

and when a subsequent fingerprint is submitted into the system that

matches a set of fingerprints previously submitted under this

section or if and when the criminal history of an individual whose

fingerprints are retained in the system is updated. Upon receiving

a notification, the department of state police shall immediately

notify a member board of this state. Information in the database

maintained under this subsection is confidential, is not subject to

disclosure under the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246, and shall not be disclosed to any person except

for purposes of this act or for law enforcement purposes.

(b) The department of state police shall forward all

fingerprints submitted to it under this section to the Federal

Bureau of Investigation for submission of those fingerprints into

the FBI automatic notification system. This subdivision does not

apply until the department of state police is a participant in the

FBI automatic notification system. As used in this subdivision:

(i) "Automatic notification system" means a system that stores

and retains fingerprints, and that provides for an automatic

notification to a participant if and when a fingerprint is

submitted into the system that matches an individual whose

fingerprints are retained in the system or if and when the criminal

history of an individual whose fingerprints are retained in the

system is updated.

(ii) "FBI automatic notification system" means the automatic

notification system that is maintained by the Federal Bureau of

Investigation.

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

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

(i) A medical school approved by the board.

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

the following requirements:

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

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

hospital owned by the federal government and directly operated by

the United States Department of Veterans Affairs, of not less than

4 postgraduate education residency programs approved by the board

under section 17031(1) for not less than the 3 years immediately

preceding the date of an application for a limited license under

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

section 17031(2), if at least 1 of the residency programs is in the

specialty area of medical practice, or in a specialty area that

includes the subspecialty of medical practice, in which the

applicant for a limited license proposes to practice or in which

the applicant for a full license has practiced for the hospital.

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

education during each of the 3 years immediately preceding the date

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

or an application for a full license under section 17031(2). As

used in this sub-subparagraph, "medical education" means the

education of physicians and candidates for degrees or licenses to

become physicians, including, but not limited to, physician staff,

residents, interns, and medical students.

(b) "Electrodiagnostic studies" means the testing of

neuromuscular functions utilizing nerve conduction tests and needle

electromyography. It does not include the use of surface

electromyography.

scope of practice of physicians who are licensed or authorized by

the board, except those services that the board prohibits or

otherwise restricts within a practice agreement or determines shall

not be delegated by a physician without endangering the health and

safety of patients as provided for in section 17048(1).

(d) "Participating physician" means a physician, a physician

designated by a group of physicians under section 17049 to

represent that group, or a physician designated by a health

facility or agency under section 20174 to represent that health

facility or agency.

(e) "Physician" means an individual who is licensed or

authorized under this article to engage in the practice of

medicine.

(f) "Podiatrist" means an individual who is licensed under

this article to engage in the practice of podiatric medicine and

surgery.

(g) "Practice agreement" means an agreement described in

section 17047.

(h) "Practice of medicine" means the diagnosis, treatment,

prevention, cure, or relieving of a human disease, ailment, defect,

complaint, or other physical or mental condition, by attendance,

advice, device, diagnostic test, or other means, or offering,

undertaking, attempting to do, or holding oneself out as able to

do, any of these acts.

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

of medicine with a participating physician under a practice

agreement.

(j) "Task force" means the joint task force created in section

17025.

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

contains definitions and principles of construction applicable to

all articles in this code and part 161 contains definitions

applicable to this part.

Sec. 17011a. (1) An allopathic physician who holds an

expedited license under the interstate medical licensure compact is

authorized to engage in the practice of medicine under this

article.

(2) For purposes of this article, including the obligations of

an individual who is licensed as a physician under this part, an

allopathic physician who holds an expedited license under the

interstate medical licensure compact is considered a physician who

is licensed under this part.

(3) As used in this section, "interstate medical licensure

compact" means the interstate medical licensure compact as enacted

in section 16189.

Sec. 17501. (1) As used in this part:

(a) "Electrodiagnostic studies" means the testing of

neuromuscular functions utilizing nerve conduction tests and needle

electromyography. It does not include the use of surface

electromyography.

(b) "Medical care services" means those services within the

scope of practice of physicians who are licensed ~~and approved~~ or

authorized by the board, except those services that the board

prohibits or otherwise restricts within a practice agreement or

determines shall not be delegated by a physician without

endangering the health and safety of patients as provided for in

section 17548(1).

designated by a group of physicians under section 17549 to

represent that group, or a physician designated by a health

facility or agency under section 20174 to represent that health

facility or agency.

(d) "Physician" means an individual who is licensed or

authorized under this article to engage in the practice of

osteopathic medicine and surgery.

(e) "Practice agreement" means an agreement described in

section 17547.

(f) "Practice of osteopathic medicine and surgery" means a

separate, complete, and independent school of medicine and surgery

utilizing full methods of diagnosis and treatment in physical and

mental health and disease, including the prescription and

administration of drugs and biologicals, operative surgery,

obstetrics, radiological and other electromagnetic emissions, and

placing special emphasis on the interrelationship of the

musculoskeletal system to other body systems.

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

of osteopathic medicine and surgery with a participating physician

under a practice agreement.

(h) "Task force" means the joint task force created in section

17025.

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

contains general definitions and principles of construction

applicable to all articles in the code and part 161 contains

definitions applicable to this part.

Sec. 17511a. (1) An osteopathic physician who holds an

expedited license under the interstate medical licensure compact is

authorized to engage in the practice of osteopathic medicine and

surgery under this article.

(2) For purposes of this article, including the obligations of

an individual who is licensed as a physician under this part, an

osteopathic physician who holds an expedited license under the

interstate medical licensure compact is considered a physician who

is licensed under this part.

(3) As used in this section, "interstate medical licensure

compact" means the interstate medical licensure compact as enacted

in section 16189.

Sec. 20189. A health facility or agency shall not require a

physician who is licensed under article 15 to seek licensure

through the interstate medical licensure compact enacted in section

16189 as a condition of initial or continued employment. However, a

health facility or agency may require a physician who is licensed

under article 15 to obtain and maintain a license to engage in the

practice of medicine or practice of osteopathic medicine and

surgery in 1 or more other states if the physician is free to

obtain and maintain each license by any means authorized by the

laws of the other states.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4066 of the 99th Legislature is enacted into

law.