Sec. 303a. The term of office of a member of a board appointed under this article shall commence commences on 1 of the following dates, as applicable:

Accountancy

July 1

Architects	April 1
Barbers	October 1
Collection agencies	July 1
Cosmetology	January 1
Employment agencies	October 1
Guardians and conservators	July 1
Hearing aid dealers	October 1
Land surveyors	April 1
Landscape architects	July 1
Mortuary science	July 1
Professional engineers	April 1
Real estate appraisers	July 1
Real estate brokers and salespersons	July 1
Residential builders	April 1

Article 14A

Sec. 1410. As used in this article:

(a) "Conservator" means that term as defined in section 1103 of the estates and protected individuals code, 1998 PA 386, MCL 700.1103.

(b) "Department" means the department of licensing and regulatory affairs.

(c) "Guardian" means that term as defined in section 1104 of the estates and protected individuals code, 1998 PA 386, MCL 700.1104.

(d) "Professional conservator" means that term as defined in section 1106 of the estates and protected individuals code, 1998 PA 386, MCL 700.1106.

(e) "Professional guardian" means that term as defined in section 1106 of the estates and protected individuals code, 1998 PA

386, MCL 700.1106.

Sec. 1411. (1) Beginning 2 years after the effective date of the amendatory act that added this section, the department shall license an individual as a professional guardian or professional conservator who meets all of the following requirements:

(a) Submits a completed application to the department on a form prescribed by the department.

(b) Pays an initial application fee of $250.00 or renewal application fee of $100.00, as applicable.

(d) Submits a criminal background check under section 1413.

(e) Has not been convicted of a crime listed in section 1413(1).

(f) Has not been found liable in a civil action that involved fraud, misrepresentation, misappropriation, theft, exploitation, abuse, or conversion.

(g) Has not been removed as a guardian or conservator by the court for an action involving fraud, misrepresentation, misappropriation, theft, exploitation, abuse, or conversion.

(h) Has not been relieved of the responsibilities of a guardian or conservator by an employer or client for an action involving fraud, misrepresentation, misappropriation, theft, exploitation, abuse, or conversion.

(i) Has graduated from an accredited high school or comparable school or educational institution or passed the general educational development test or other graduate equivalency examination.

(j) Passes and submits proof to the department of passage of the Center for Guardianship Certification National Certified Guardian Examination.

(k) Submits proof to the department of completion of other educational requirements required by the Center for Guardianship Certification, including a minimum of 20 hours of continuing education units in the 24 months preceding the submission of the application, as offered by a state or national trade association dedicated to the advancement of the guardianship profession.

(l) Submits proof to the department of coverage by professional liability insurance, as the named insured or employee of the named insured.

(2) The department shall issue a unique license number to an individual licensed under this section.

(3) This license is valid for 36 months and subject to renewal according to section 1412.

(4) Only an individual licensed under this section may advertise that the individual is a licensed professional guardian or licensed professional conservator.

(5) An individual licensed under this section who has been found civilly liable or criminally convicted in an action that involves fraud, misrepresentation, misappropriation, theft, exploitation, abuse, or conversion shall report this finding or conviction to the department and each probate court in which the individual is currently serving as a professional guardian or professional conservator within 30 days after conviction or finding of civil liability.

(6) The department shall revoke the license of an individual who does not meet the requirements under subsection (1).

(7) An individual denied a license or whose license has been revoked by the department based on a criminal history check conducted under section 1413 may appeal to the department if the

individual believes that the criminal history report is inaccurate, and the appeal must be conducted as a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(8) The department shall post on its website a list of licensed professional guardians and licensed professional conservators, and if applicable, their employer. The department shall update the list each month.

(9) As used in this section, "department" means the department of licensing and regulatory affairs.

Sec. 1412. Beginning 2 years after the effective date of the amendatory act that added this chapter, the department shall renew a license for a guardian or conservator if the guardian or conservator, as applicable, does all of the following:

(a) Submits a completed renewal application to the department on a form prescribed by the department.

(b) Pays a renewal fee of $100.00.

(c) Submits proof of having completed 30 hours of continuing education units in the previous 36-month period, as offered by a state or national trade association dedicated to the advancement of the guardianship profession.

(d) Submits a new background check as described in section 1413.

(e) Submits proof of valid professional liability insurance.

Sec. 1413. (1) Except as otherwise provided in subsection (2), a professional guardian or professional conservator shall not employ or independently contract with an individual who regularly has direct access to or provides direct services to incapacitated or protected individuals served by the professional guardian or

professional conservator, if the individual has been convicted of any of the following:

(a) A relevant crime described under 42 USC 1320a-7(a).

(b) Any of the following felonies or misdemeanors, an attempt or conspiracy to commit any of those felonies or misdemeanors, or any other state or federal crime that is similar to the felonies or misdemeanors described in this subdivision:

(i) A felony or misdemeanor that involves the intent to cause death or serious impairment of a body function, that results in death or serious impairment of a body function, that involves the use of force or violence, or that involves the threat of the use of force or violence.

(ii) A felony or misdemeanor involving cruelty or torture.

(iii) A felony or misdemeanor under chapter XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.

(iv) A felony or misdemeanor involving criminal sexual conduct.

(v) A felony or misdemeanor involving abuse or neglect.

(vi) Within the last 10 years, a felony or misdemeanor involving the use of a firearm or dangerous weapon.

(vii) A felony or misdemeanor involving the diversion or adulteration of a prescription drug or other medications.

(viii) A felony or misdemeanor involving fraud, misrepresentation, misappropriation, theft, exploitation, or conversion.

(ix) A felony or misdemeanor involving home invasion.

(x) A felony or misdemeanor involving embezzlement.

(xi) A felony or misdemeanor involving negligent homicide or a violation of section 601d(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.601d.

(xii) A felony or misdemeanor involving larceny.

(xiii) Within the last 10 years, any other misdemeanor involving assault, fraud, theft, or the possession or delivery of a controlled substance, except marihuana-related offenses.

(2) Except as otherwise provided in this subsection or subsection (5), a professional guardian or professional conservator shall not employ or independently contract with an individual who regularly has direct access to or provides direct services to incapacitated or protected individuals served by the professional guardian or professional conservator and an individual applicant must not be licensed as a professional guardian or professional conservator until the professional guardian, professional conservator, or the individual applicant for a license has a criminal history check conducted in compliance with this section or has received criminal history record information in compliance with subsections (3) and (10). This subsection and subsection (1) do not apply to an individual who is under an independent contract with a professional guardian or professional conservator if the individual is not under the professional guardian's or professional conservator's control and the services for which the individual is contracted are not directly related to the provision of services to an incapacitated or protected individual or if the services for which the individual is contracted allow for direct access to the incapacitated or protected individuals but are not performed on an ongoing basis.

(3) An individual who applies for a license as a professional guardian or professional conservator or employment either as an employee or as an independent contractor for a professional guardian or professional conservator and who has not been the

subject of a criminal history check conducted in compliance with this section shall give written consent at the time of application for the department of state police to conduct a criminal history check under this section, along with identification acceptable to the department of state police. If the applicant has been the subject of a criminal history check conducted in compliance with this section, the applicant shall give written consent at the time of application for the professional guardian or professional conservator to obtain the criminal history record information as prescribed in subsection (4) from the department and for the department of state police to conduct a criminal history check under this section if the requirements of subsection (10) are not met and a request to the Federal Bureau of Investigation to make a determination of the existence of any national criminal history pertaining to the applicant is necessary, along with identification acceptable to the department of state police. On receipt of the written consent to obtain the criminal history record information and identification required under this subsection, the professional guardian or professional conservator that has made a good-faith offer of employment or an independent contract to the applicant shall request the criminal history record information from the department and shall make a request regarding the applicant to the department to conduct a check of all relevant registries in the manner required in subsection (4). If the requirements of subsection (10) are not met and a request to the Federal Bureau of Investigation to make a subsequent determination of the existence of any national criminal history pertaining to the applicant is necessary, the professional guardian or professional conservator shall proceed in the manner required in subsection (4).

(4) On receipt of the written consent to conduct a criminal history check and identification required under subsection (3), the professional guardian employer, professional conservator employer, or the applicant for a license as a professional guardian or professional conservator shall make a request to the department of state police to conduct a criminal history check on the applicant, to input the applicant's fingerprints into the automated fingerprint identification system database, and to forward the applicant's fingerprints to the Federal Bureau of Investigation. The department of state police shall request the Federal Bureau of Investigation to make a determination of the existence of any national criminal history pertaining to the applicant. The applicant shall provide the department of state police with a set of fingerprints. The request must be made in a manner prescribed by the department of state police. The professional guardian or professional conservator shall make the written consent and identification available to the department of state police. The professional guardian or professional conservator shall make a request regarding that applicant to the relevant licensing or regulatory department to conduct a check of all relevant registries established according to federal and state law and regulations for any substantiated findings of abuse, neglect, or misappropriation of property. If the department of state police or the Federal Bureau of Investigation charges a fee for conducting the criminal history check, the professional guardian employer, professional conservator employer, or applicant for a license as a professional guardian or professional conservator shall pay the cost of the charge. The department of state police shall conduct a criminal history check on the applicant named in the request. The department

of state police shall provide the department with a written report of the criminal history check conducted under this subsection. The report must contain any criminal history record information on the applicant maintained by the department of state police. The department of state police shall provide the results of the Federal Bureau of Investigation determination to the department within 30 days after the request is made. If criminal history record information is disclosed on the written report of the criminal history check or the Federal Bureau of Investigation determination that resulted in a conviction, the department shall notify the professional guardian employer, professional conservator employer, or applicant for a license as a professional guardian or professional conservator in writing of the type of crime disclosed on the written report of the criminal history check or the Federal Bureau of Investigation determination without disclosing the details of the crime. Any charges imposed by the department of state police or the Federal Bureau of Investigation for conducting a criminal history check or making a determination under this subsection must be paid in the manner required under this subsection.

(5) If a professional guardian or professional conservator determines it necessary to employ an applicant before receiving the results of the applicant's criminal history check or criminal history record information under this section, the professional guardian or professional conservator may conditionally employ the individual if all of the following apply:

(a) The professional guardian or professional conservator requests the criminal history check or criminal history record information under this section on conditionally employing the

individual.

(b) The individual signs a statement in writing that indicates all of the following:

(i) That the individual has not been convicted of 1 or more of the crimes that are described in subsection (1)(a) and (b).

(ii) That the individual agrees that, if the information in the criminal history check conducted under this section does not confirm the individual's statement under subparagraph (i), the individual's employment will be terminated by the professional guardian or professional conservator as required under subsection (1).

(iii) That the individual understands that the conditions described in subparagraphs (i) and (ii) may result in the termination of the individual's employment and that those conditions are good cause for termination.

(c) Except as otherwise provided in this subdivision, the professional guardian or professional conservator does not permit the individual to have regular direct access to or provide direct services to incapacitated individuals or protected individuals served by the professional guardian or professional conservator without supervision until the criminal history check or criminal history record information is obtained and the individual is eligible for that employment. If required under this subdivision, the professional guardian or professional conservator shall provide on-site supervision of an individual served by the professional guardian or professional conservator on a conditional basis under this subsection by an individual who has undergone a criminal history check conducted in compliance with this section. A professional guardian or professional conservator may permit an

individual in the professional guardian's or professional conservator's employment on a conditional basis under this subsection to have regular direct access to or provide direct services to incapacitated or protected individuals in the professional guardian's or professional conservator's care without supervision if all of the following conditions are met:

(i) The professional guardian or professional conservator, at its own expense and before the individual has direct access to or provides direct services to incapacitated individuals or protected individuals of the professional guardian or professional conservator, conducts a search of public records on that individual through the internet criminal history access tool maintained by the department of state police and the results of that search do not uncover any information that would indicate that the individual is not eligible to have regular direct access to or provide direct services to incapacitated individuals or protected individuals under this section.

(ii) Before the individual has direct access to or provides direct services to incapacitated or protected individuals of the professional guardian or professional conservator, the individual signs a statement in writing that the individual has resided in this state without interruption for at least the immediately preceding 12-month period.

(iii) If applicable, the individual provides to the department of state police a set of fingerprints on or before the expiration of 10 business days following the date the individual was conditionally employed under this subsection.

(6) The department shall develop and distribute a model form for the statements required under subsection (5)(b) and (c). The

department shall make the model form available to professional guardians and professional conservators on request at no charge.

(7) If an individual is employed as a conditional employee under subsection (5), and the information under subsection (3) or report under subsection (4) does not confirm the individual's statement under subsection (5)(b), the professional guardian or professional conservator shall terminate the individual's employment as required by subsection (1).

(8) An individual who knowingly provides false information regarding the individual's identity, criminal convictions, or substantiated findings on a statement described in subsection (5)(b) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(9) A professional guardian or professional conservator shall use criminal history record information obtained under subsection (3) or (4) for only the purpose of evaluating an applicant's qualifications for employment or an independent contract, in the position for which the applicant has applied and for the purposes of subsections (5) and (7). A professional guardian employer or professional conservator employer shall not disclose criminal history record information obtained under subsection (3) or (4) to a person who is not directly involved in evaluating the applicant's qualifications for employment or an independent contract. An individual who knowingly uses or disseminates the criminal history record information obtained under subsection (3) or (4) in violation of this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both. Except for a knowing or intentional release of false information, a professional guardian employer or

professional conservator employer does not have liability in connection with a criminal history check conducted in compliance with this section or the release of criminal history record information under this subsection.

(10) On consent of an applicant as required in subsection (3) and on request from a professional guardian employer or professional conservator employer that has made a good-faith offer of employment or an independent contract to the applicant, the department shall review the criminal history record information, if any, and notify the requesting professional guardian employer or professional conservator employer of the information in the manner prescribed in subsection (4). Until the department of state police can participate with the Federal Bureau of Investigation's automatic notification system similar to the system required of the state police under subsection (13) and federal regulations allow the federal criminal record to be used for subsequent authorized uses, as determined in an order issued by the department, a professional guardian or professional conservator may rely on the criminal history record information provided by the department under this subsection and a request to the Federal Bureau of Investigation to make a subsequent determination of the existence of any national criminal history pertaining to the applicant is not necessary if all of the following requirements are met:

(a) The criminal history check was conducted during the immediately preceding 12-month period.

(b) The applicant has been continuously employed by the professional guardian or professional conservator since the criminal history check was conducted in compliance with this section or meets the continuous employment requirement of this

subdivision other than being on layoff status for less than 1 year from a professional guardian or professional conservator.

(c) The applicant can provide evidence acceptable to the department that the applicant has been a resident of this state for the immediately preceding 12-month period.

(11) As a condition of continued employment, each employee, independent contractor, or individual shall do each of the following:

(a) Agree in writing to report to the professional guardian or professional conservator immediately on being arraigned for 1 or more of the criminal offenses listed in subsection (1)(a) and (b), and on being convicted of 1 or more of the criminal offenses listed in subsection (1)(a) and (b). Reporting of an arraignment under this subdivision is not cause for termination or denial of employment.

(b) If a set of fingerprints is not already on file with the department of state police, provide the department of state police with a set of fingerprints.

(12) The department of state police and the Federal Bureau of Investigation shall store and retain all fingerprints submitted under this section and provide for an automatic notification if subsequent criminal information submitted into the system matches a set of fingerprints previously submitted under this section. On notification under this subsection, the department of state police shall immediately notify the department and the department shall immediately contact each professional guardian employer or professional conservator employer with which that individual is associated. Information in the database established 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 must not be disclosed to any person except for purposes of this act or for law enforcement purposes.

(13) The department shall maintain an electronic web-based system to assist professional guardian employers and professional conservator employers and applicants for a license as a professional guardian employer or professional conservator employer required to check relevant registries and conduct criminal history checks of its employees and independent contractors, and to provide for an automated notice to those professional guardian employers or professional conservator employers for those individuals inputted in the system who, since the initial criminal history check, have been convicted of a disqualifying offense or have been the subject of a substantiated finding of abuse, neglect, or misappropriation of property. The department may charge a professional guardian employer or professional conservator employer a 1-time set-up fee of up to $100.00 for access to the electronic web-based system under this section.

(14) As used in this section:

(a) "Convicted" means either of the following:

(i) For a crime that is not a relevant crime, a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt for a criminal law violation or a juvenile adjudication or disposition by the juvenile division of probate court or family division of circuit court for a violation that if committed by an adult would be a crime.

(ii) For a relevant crime described under 42 USC 1320a-7(a), convicted means that term as defined in 42 USC 1320a-7.

(b) "Criminal history check conducted in compliance with this section" means a criminal history check conducted under this section.

(c) "Direct access" means access to an incapacitated individual's or protected individual's financial information, medical records, treatment information, or any other identifying information.

(d) "Independent contract" means a contract entered into by a professional guardian or professional conservator with an individual who provides the contracted services independently for the professional guardian or professional conservator.

(e) "Under the professional guardian's or professional conservator's control" means an individual employed by or under independent contract with a professional guardian or professional conservator for whom the professional guardian or professional conservator does both of the following:

(i) Determines whether the individual who has access to incapacitated individuals or protected individuals may consent to the care, treatment, or other similar support service functions to incapacitated individuals or protected individuals served by the professional guardian or professional conservator.

(ii) Directs or oversees 1 or more of the following:

(A) The policy or procedures the individual must follow in performing the individual's duties.

(B) The tasks performed by the individual.

(D) The supervision or evaluation of the individual's work or job performance, including imposing discipline or granting performance awards.

(E) The compensation the individual receives for performing the individual's duties.

(F) The conditions under which the individual performs the individual's duties.