Bill Text: MI HB5464 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health: licensing; questions pertaining to mental health; remove from application for licensure and registration. Amends sec. 16177 of 1978 PA 368 (MCL 333.16177).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-22 - Bill Electronically Reproduced 02/22/2024 [HB5464 Detail]
Download: Michigan-2023-HB5464-Introduced.html
HOUSE BILL NO. 5464
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16177 (MCL 333.16177), as amended by 2006 PA 481.
the people of the state of michigan enact:
Sec. 16177. (1) An individual applying for licensure or registration under this article shall do so on a form provided by the department. The department shall require each applicant to include on the application form his or her social security the applicant's Social Security number. The department shall not display an applicant's social security Social Security number on his or her license or registration. the applicant's certificate of licensure or certificate of registration. If the facts set forth in the application meet the requirements of the board or task force and this article for licensure or registration, the board or task force shall grant a license or registration to the applicant. A board or task force may require the applicant to take an examination to determine if the applicant meets the qualifications for licensure or registration. The examination shall must include subjects determined by the board or task force to be essential to the safe and competent practice of the health profession, the appropriate use of a title, or both. Passing scores or the procedure used to determine passing scores shall must be established before an examination is administered.
(2) In addition to the information required under subsection (1), an applicant for licensure or registration or a licensee or registrant applying for renewal shall include on a form provided by the department all of the following information, if applicable:
(a) A felony conviction.
(b) A misdemeanor conviction punishable by imprisonment for a maximum term of 2 years or a misdemeanor conviction involving the illegal delivery, possession, or use of alcohol or a controlled substance.
(c) Sanctions imposed against the applicant by a similar licensure, registration, certification, or disciplinary board of another state or country.
(3) In addition to the information required under subsections (1) and (2), a physician, osteopathic physician, dentist, or podiatrist applying for licensure or renewal under this article shall report to the department on a form provided by the department the name of each hospital with which he or she the physician, osteopathic physician, dentist, or podiatrist is employed or under contract, and each hospital in which he or she the physician, osteopathic physician, dentist, or podiatrist is allowed to practice.
(4) In addition to the information required under subsections (1), (2), and (3), an applicant for licensure and , beginning the license renewal cycle after the effective date of the amendatory act that added section 16213, a licensee applying for renewal shall provide the department, on the application or the license renewal form, with an affidavit stating that he or she the applicant or licensee has a written policy for protecting, maintaining, and providing access to his or her the applicant's or licensee's medical records in accordance with section 16213 and for complying with section 16213 in the event that he or she the applicant or licensee sells or closes his or her the applicant's or licensee's practice, retires from practice, or otherwise ceases to practice under this article. The applicant or licensee shall make the written policy available to the department upon request.
(5) In addition to the information required under subsections (1), (2), (3) and (4), the department may require an applicant for licensure or registration or a licensee or registrant applying for renewal to answer both of the following questions on an application or renewal form:
(a) "Do you have any reason to believe that you would pose a risk to the safety or well-being of a patient or client?".
(b) "Are you able to perform the essential functions of the health profession for which you are seeking a license, registration, or renewal, with or without reasonable accommodation?".
(6) Except for the questions described in subsection (5), the department shall not include on an application or renewal form any question pertaining to the mental health of an applicant for licensure or registration or the mental health of a licensee or registrant applying for renewal.
(7) (5) A requirement under this section to include a social security Social Security number on an application does not apply to an applicant who demonstrates he or she that the applicant is exempt under law from obtaining a social security Social Security number or to an applicant who for religious convictions is exempt under law from disclosure of his or her social security the applicant's Social Security number under these circumstances. The department shall inform the applicant of this possible exemption.
