Bill Text: MI HB5450 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health facilities; employees; criminal history check for employment in a covered facility; modify. Amends sec. 20173a of 1978 PA 368 (MCL 333.20173a). TIE BAR WITH: HB 5451'18, HB 5452'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-30 - Bill Electronically Reproduced 01/25/2018 [HB5450 Detail]

Download: Michigan-2017-HB5450-Introduced.html

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HOUSE BILL No. 5450

 

 

January 25, 2018, Introduced by Reps. Kesto, Noble and VanderWall and referred to the Committee on Law and Justice.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20173a (MCL 333.20173a), as amended by 2017 PA

 

167.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20173a. (1) Except as otherwise provided in subsection

 

(2), a covered facility shall not employ, independently contract

 

with, or grant clinical privileges to an individual who regularly

 

has direct access to or provides direct services to patients or

 

residents in the covered facility if the individual satisfies 1 or

 

more of the following:

 

     (a) Has been convicted of a relevant crime described under 42

 

USC 1320a-7(a).

 

     (b) Has been convicted of any of the following felonies, an

 

attempt or conspiracy to commit any of those felonies, or any other

 

state or federal crime that is similar to the felonies described in

 

this subdivision, other than a felony for a relevant crime

 

described under 42 USC 1320a-7(a), unless 15 10 years have lapsed

 

since the individual completed all of the terms and conditions of

 

his or her sentencing, parole, and probation for that conviction

 

before the date of application for employment or clinical

 

privileges or the date of the execution of the independent

 

contract:

 

     (i) A felony 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 involving cruelty or torture.

 

     (iii) A felony under chapter XXA of the Michigan penal code,

 

1931 PA 328, MCL 750.145m to 750.145r.

 

     (iv) A felony involving criminal sexual conduct.

 

     (v) A felony involving abuse or neglect.

 

     (vi) A felony involving the use of a firearm or dangerous

 

weapon.

 

     (vii) A felony involving the diversion or adulteration of a

 

prescription drug or other medications.

 

     (c) Has been convicted of a felony or an attempt or conspiracy

 

to commit a felony, other than a felony for a relevant crime

 

described under 42 USC 1320a-7(a) or a felony described under

 

subdivision (b), unless 10 years have lapsed since the individual

completed all of the terms and conditions of his or her sentencing,

 

parole, and probation for that conviction prior to the date of

 

application for employment or clinical privileges or the date of

 

the execution of the independent contract.

 

     (c) (d) Has been convicted of any of the following

 

misdemeanors, other than a misdemeanor for a relevant crime

 

described under 42 USC 1320a-7(a), or a state or federal crime that

 

is substantially similar to the misdemeanors described in this

 

subdivision, within the 10 5 years immediately preceding the date

 

of application for employment or clinical privileges or the date of

 

the execution of the independent contract:

 

     (i) A misdemeanor involving the use of a firearm or dangerous

 

weapon with the intent to injure, the use of a firearm or dangerous

 

weapon that results in a personal injury, or a misdemeanor

 

involving the use of force or violence or the threat of the use of

 

force or violence.

 

     (ii) A misdemeanor under chapter XXA of the Michigan penal

 

code, 1931 PA 328, MCL 750.145m to 750.145r.

 

     (iii) A misdemeanor involving criminal sexual conduct.

 

     (iv) A misdemeanor involving cruelty or torture. unless

 

otherwise provided under subdivision (e).

 

     (v) A misdemeanor involving abuse or neglect.

 

     (e) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the 5 years immediately preceding the date of application for

employment or clinical privileges or the date of the execution of

 

the independent contract:

 

     (i) A misdemeanor involving cruelty if committed by an

 

individual who is less than 16 years of age.

 

     (vi) (ii) A misdemeanor involving home invasion.

 

     (vii) (iii) A misdemeanor involving embezzlement.

 

     (viii) (iv) A misdemeanor involving negligent homicide or a

 

violation of section 601d(1) of the Michigan vehicle code, 1949 PA

 

300, MCL 257.601d.

 

     (v) A misdemeanor involving larceny unless otherwise provided

 

under subdivision (g).

 

     (vi) A misdemeanor of retail fraud in the second degree unless

 

otherwise provided under subdivision (g).

 

     (vii) Any other misdemeanor involving assault, fraud, theft,

 

or the possession or delivery of a controlled substance unless

 

otherwise provided under subdivision (d), (f), or (g).

 

     (f) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the 3 years immediately preceding the date of application for

 

employment or clinical privileges or the date of the execution of

 

the independent contract:

 

     (i) A misdemeanor for assault if there was no use of a firearm

 

or dangerous weapon and no intent to commit murder or inflict great

 

bodily injury.

 

     (ii) A misdemeanor of retail fraud in the third degree unless

otherwise provided under subdivision (g).

 

     (iii) A misdemeanor under part 74 unless otherwise provided

 

under subdivision (g).

 

     (g) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the year immediately preceding the date of application for

 

employment or clinical privileges or the date of the execution of

 

the independent contract:

 

     (i) A misdemeanor under part 74 if the individual, at the time

 

of conviction, is under the age of 18.

 

     (ii) A misdemeanor for larceny or retail fraud in the second

 

or third degree if the individual, at the time of conviction, is

 

under the age of 16.

 

     (d) (h) Is the subject of an order or disposition under

 

section 16b of chapter IX of the code of criminal procedure, 1927

 

PA 175, MCL 769.16b.

 

     (e) (i) Engages in conduct that becomes the subject of a

 

substantiated finding of neglect, abuse, or misappropriation of

 

property by a state or federal agency under an investigation

 

conducted in accordance with 42 USC 1395i-3 or 1396r.

 

     (2) Except as otherwise provided in this subsection or

 

subsection (5), a covered facility shall not employ, independently

 

contract with, or grant privileges to an individual who regularly

 

has direct access to or provides direct services to patients or

 

residents in the covered facility until the covered facility or

staffing agency 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 any of the

 

following:

 

     (a) An individual who is employed by, under independent

 

contract to, or granted clinical privileges in a covered facility

 

before April 1, 2006. On or before April 1, 2011, an individual who

 

is exempt under this subdivision and who has not been the subject

 

of a criminal history check conducted in compliance with this

 

section shall provide the department of state police with a set of

 

fingerprints and the department of state police shall input those

 

fingerprints into the automated fingerprint identification system

 

database established under subsection (13). An individual who is

 

exempt under this subdivision is not limited to working within the

 

covered facility with which he or she is employed by, under

 

independent contract to, or granted clinical privileges on April 1,

 

2006 but may transfer to another covered facility, adult foster

 

care facility, or mental health facility. If an individual who is

 

exempt under this subdivision is subsequently convicted of a crime

 

described under subsection (1)(a) to (g) (c) or found to be the

 

subject of a substantiated finding described under subsection

 

(1)(i) (1)(e) or an order or disposition described under subsection

 

(1)(h), (1)(d), or is found to have been convicted of a relevant

 

crime described under 42 USC 1320a-7(a), then he or she is no

 

longer exempt and shall be terminated from employment or denied

 

employment or clinical privileges.

     (b) An individual who is under an independent contract with a

 

covered facility if he or she is not under the facility's control

 

and the services for which he or she is contracted are not directly

 

related to the provision of services to a patient or resident or if

 

the services for which he or she is contracted allow for direct

 

access to the patients or residents but are not performed on an

 

ongoing basis. This exception includes, but is not limited to, an

 

individual who is under an independent contract with the covered

 

facility to provide utility, maintenance, construction, or

 

communications services.

 

     (3) An individual who applies for employment either as an

 

employee or as an independent contractor or for clinical privileges

 

with a staffing agency or covered facility 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 covered facility or staffing agency to

 

obtain the criminal history record information as prescribed in

 

subsection (4) from the relevant licensing or regulatory 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. Upon receipt of the written consent to obtain the criminal

 

history record information and identification required under this

 

subsection, the staffing agency or covered facility that has made a

 

good faith good-faith offer of employment or an independent

 

contract or clinical privileges to the applicant shall request the

 

criminal history record information from the relevant licensing or

 

regulatory department and shall make a request regarding that

 

applicant to the relevant licensing or regulatory 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 covered

 

facility or staffing agency shall proceed in the manner required in

 

subsection (4). A staffing agency that employs an individual who

 

regularly has direct access to or provides direct services to

 

patients or residents under an independent contract with a covered

 

facility shall submit information regarding the criminal history

 

check conducted by the staffing agency to the covered facility that

 

has made a good faith good-faith offer of independent contract to

 

that applicant.

 

     (4) Upon receipt of the written consent to conduct a criminal

 

history check and identification required under subsection (3), a

 

staffing agency or covered facility that has made a good faith

 

good-faith offer of employment or an independent contract or

clinical privileges to the applicant 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 shall be made in a

 

manner prescribed by the department of state police. The staffing

 

agency or covered facility shall make the written consent and

 

identification available to the department of state police. The

 

staffing agency or covered facility 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

 

staffing agency or covered facility shall pay the cost of the

 

charge. Except as otherwise provided in this subsection, if the

 

department of state police or the Federal Bureau of Investigation

 

charges a fee for conducting the criminal history check, the

 

department shall pay the cost of or reimburse the charge for a

 

covered facility that is a home for the aged. After October 1,

 

2018, if the department of state police or the Federal Bureau of

Investigation charges a fee for conducting the criminal history

 

check, the department shall pay the cost of the charge up to 40

 

criminal history checks per year for a covered facility that is a

 

home for the aged with fewer than 100 beds and 50 criminal history

 

checks per year for a home for the aged with 100 beds or more. The

 

staffing agency or covered facility shall not seek reimbursement

 

for a charge imposed by the department of state police or the

 

Federal Bureau of Investigation from the individual who is the

 

subject of the criminal history check. A prospective employee or a

 

prospective independent contractor covered under this section may

 

not be charged for the cost of a criminal history check required

 

under this section. 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 shall 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 the requesting

 

staffing agency or covered facility is not a state department or

 

agency and 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 staffing agency or

 

covered facility and the applicant 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 shall must be paid in the manner required

 

under this subsection. The notice shall must include a statement

 

that the applicant has a right to appeal the information relied

 

upon by the staffing agency or covered facility in making its

 

decision regarding his or her employment eligibility based on the

 

criminal history check. The notice shall must also include

 

information regarding where to file and describing the appellate

 

procedures established under section 20173b.

 

     (5) If a covered facility determines it necessary to employ or

 

grant clinical privileges to an applicant before receiving the

 

results of the applicant's criminal history check or criminal

 

history record information under this section, the covered facility

 

may conditionally employ or grant conditional clinical privileges

 

to the individual if all of the following apply:

 

     (a) The covered facility requests the criminal history check

 

or criminal history record information under this section upon

 

conditionally employing or conditionally granting clinical

 

privileges to the individual.

 

     (b) The individual signs a statement in writing that indicates

 

all of the following:

 

     (i) That he or she has not been convicted of 1 or more of the

 

crimes that are described in subsection (1)(a) to (g) (c) within

 

the applicable time period prescribed by each subdivision

respectively.

 

     (ii) That he or she is not the subject of an order or

 

disposition described in subsection (1)(h).(1)(d).

 

     (iii) That he or she has not been the subject of a

 

substantiated finding as described in subsection (1)(i).(1)(e).

 

     (iv) That he or she agrees that, if the information in the

 

criminal history check conducted under this section does not

 

confirm the individual's statements under subparagraphs (i) to

 

(iii), his or her employment or clinical privileges will be

 

terminated by the covered facility as required under subsection (1)

 

unless and until the individual appeals and can prove that the

 

information is incorrect.

 

     (v) That he or she understands that the conditions described

 

in subparagraphs (i) to (iv) may result in the termination of his

 

or her employment or clinical privileges and that those conditions

 

are good cause for termination.

 

     (c) Except as otherwise provided in this subdivision, the

 

covered facility does not permit the individual to have regular

 

direct access to or provide direct services to patients or

 

residents in the covered facility without supervision until the

 

criminal history check or criminal history record information is

 

obtained and the individual is eligible for that employment or

 

clinical privileges. If required under this subdivision, the

 

covered facility shall provide on-site supervision of an individual

 

in the covered facility on a conditional basis under this

 

subsection by an individual who has undergone a criminal history

 

check conducted in compliance with this section. A covered facility

may permit an individual in the covered facility on a conditional

 

basis under this subsection to have regular direct access to or

 

provide direct services to patients or residents in the covered

 

facility without supervision if all of the following conditions are

 

met:

 

     (i) The covered facility, at its own expense and before the

 

individual has direct access to or provides direct services to

 

patients or residents of the covered facility, 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 patients or

 

residents under this section.

 

     (ii) Before the individual has direct access to or provides

 

direct services to patients or residents of the covered facility,

 

the individual signs a statement in writing that he or she 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 or granted conditional clinical privileges

 

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 covered

facilities upon request at no charge.

 

     (7) If an individual is employed as a conditional employee or

 

is granted conditional clinical privileges 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)(i) to (iii), the covered facility shall terminate the

 

individual's employment or clinical privileges as required by

 

subsection (1).

 

     (8) An individual who knowingly provides false information

 

regarding his or her identity, criminal convictions, or

 

substantiated findings on a statement described in subsection

 

(5)(b)(i) to (iii) 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 staffing agency or covered facility shall use criminal

 

history record information obtained under subsection (3) or (4)

 

only for the purpose of evaluating an applicant's qualifications

 

for employment, an independent contract, or clinical privileges in

 

the position for which he or she has applied and for the purposes

 

of subsections (5) and (7). A staffing agency or covered facility

 

or an employee of the staffing agency or covered facility 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, an

 

independent contract, or clinical privileges. 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 staffing agency or covered facility has no

 

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) Upon consent of an applicant as required in subsection

 

(3) and upon request from a staffing agency or covered facility

 

that has made a good faith good-faith offer of employment or an

 

independent contract or clinical privileges to the applicant, the

 

relevant licensing or regulatory department shall review the

 

criminal history record information, if any, and notify the

 

requesting staffing agency or covered facility 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 staffing agency or covered facility may rely on the

 

criminal history record information provided by the relevant

 

licensing or regulatory 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

 

staffing agency or a covered facility, adult foster care facility,

 

or mental health facility 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 covered facility, adult

 

foster care facility, or mental health facility.

 

     (c) The applicant can provide evidence acceptable to the

 

relevant licensing or regulatory department that he or she 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 granted clinical privileges

 

shall do each of the following:

 

     (a) Agree in writing to report to the staffing agency or

 

covered facility immediately upon being arraigned for 1 or more of

 

the criminal offenses listed in subsection (1)(a) to (g), (c), upon

 

being convicted of 1 or more of the criminal offenses listed in

 

subsection (1)(a) to (g), (c), upon becoming the subject of an

 

order or disposition described under subsection (1)(h), (1)(d), and

 

upon being the subject of a substantiated finding of neglect,

 

abuse, or misappropriation of property as described in subsection

 

(1)(i). (1)(e). 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) In addition to sanctions set forth in section 20165, a

 

licensee, owner, administrator, or operator of a staffing agency or

 

covered facility who knowingly and willfully fails to conduct the

 

criminal history checks as required under this section is guilty of

 

a misdemeanor punishable by imprisonment for not more than 1 year

 

or a fine of not more than $5,000.00, or both.

 

     (13) 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 and

 

when subsequent criminal information submitted into the system

 

matches a set of fingerprints previously submitted under this

 

section. Upon such receiving that notification, the department of

 

state police shall immediately notify the department and the

 

department shall immediately contact each respective staffing

 

agency or covered facility 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

 

shall not be disclosed to any person except for purposes of this

 

act or for law enforcement purposes.

 

     (14) The department shall maintain an electronic web-based

 

system to assist staffing agencies and covered facilities required

 

to check relevant registries and conduct criminal history checks of

 

its employees, independent contractors, and individuals granted

 

privileges and to provide for an automated notice to those staffing

agencies and covered facilities 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 staffing agency a 1-time set-

 

up fee of up to $100.00 for access to the electronic web-based

 

system under this section.

 

     (15) As used in this section:

 

     (a) "Adult foster care facility" means an adult foster care

 

facility licensed under the adult foster care facility licensing

 

act, 1979 PA 218, MCL 400.701 to 400.737.

 

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

 

     (i) For a crime that is not a relevant crime described under

 

42 USC 1320a-7(a), 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.

 

     (c) "Covered facility" means a health facility or agency that

 

is a nursing home, county medical care facility, hospice, hospital

 

that provides swing bed services, home for the aged, or home health

 

agency.

 

     (d) "Criminal history check conducted in compliance with this

 

section" includes a criminal history check conducted under this

section, under section 134a of the mental health code, 1974 PA 258,

 

MCL 330.1134a, or under section 34b of the adult foster care

 

facility licensing act, 1979 PA 218, MCL 400.734b.

 

     (e) "Direct access" means access to a patient or resident or

 

to a patient's or resident's property, financial information,

 

medical records, treatment information, or any other identifying

 

information.

 

     (f) "Home health agency" means a person certified by Medicare

 

whose business is to provide to individuals in their places of

 

residence other than in a hospital, nursing home, or county medical

 

care facility 1 or more of the following services: nursing

 

services, therapeutic services, social work services, homemaker

 

services, home health aide services, or other related services.

 

     (g) "Independent contract" means a contract entered into by a

 

covered facility with an individual who provides the contracted

 

services independently or a contract entered into by a covered

 

facility with a staffing agency that complies with the requirements

 

of this section to provide the contracted services to the covered

 

facility on behalf of the staffing agency.

 

     (h) "Medicare" means benefits under the federal Medicare

 

program established under title XVIII of the social security act,

 

42 USC 1395 to 1395lll.

 

     (i) "Mental health facility" means a psychiatric facility or

 

other facility defined in 42 USC 1396d(d) as described under the

 

mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.

 

     (j) "Staffing agency" means an entity that recruits candidates

 

and provides temporary and permanent qualified staffing for covered

facilities, including independent contractors.

 

     (k) "Under the facility's control" means an individual

 

employed by or under independent contract with a covered facility

 

for whom the covered facility does both of the following:

 

     (i) Determines whether the individual who has access to

 

patients or residents may provide care, treatment, or other similar

 

support service functions to patients or residents served by the

 

covered facility.

 

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

 

     (A) The policy or procedures the individual must follow in

 

performing his or her duties.

 

     (B) The tasks performed by the individual.

 

     (C) The individual's work schedule.

 

     (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

 

his or her duties.

 

     (F) The conditions under which the individual performs his or

 

her duties.

 

     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 all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5452 (request no.

 

04032'17).

     (b) Senate Bill No.____ or House Bill No. 5451 (request no.

 

04033'17).