Bill Text: MI HB5684 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Occupations; health care professions; provisions regarding the grandfather licensing of speech-language pathologists, massage therapists, and dietitians and nutritionists; modify, and modify procedure to give notice of intent to deny, revoke, or suspend emergency medical service personnel licenses. Amends secs. 17609, 17959, 18358, 18359 & 20958 of 1978 PA 368 (MCL 333.17609 et seq.).
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2010-12-29 - Assigned Pa 304'10 With Immediate Effect [HB5684 Detail]
Download: Michigan-2009-HB5684-Engrossed.html
HB-5684, As Passed House, November 10, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 5684
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17609, 17959, 18358, 18359, and 20958 (MCL
333.17609, 333.17959, 333.18358, 333.18359, and 333.20958), section
17609 as added by 2008 PA 524, section 17959 as added by 2008 PA
471, sections 18358 and 18359 as added by 2006 PA 333, and section
20958 as amended by 2000 PA 375.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17609. (1) The department shall, upon submission of a
completed application and payment of the appropriate application
processing and license fee, issue a license under this part to the
following:
(a) An individual who meets the requirements of subsection (2)
or (3).
(b) An individual who possesses a master's or doctor of
science or doctor of philosophy degree in speech-language pathology
acceptable to the board, who has successfully completed an
accredited speech-language pathology training program approved by
the department and the board that has at least 9 months, or the
equivalent, of full-time supervised postgraduate clinical
experience in speech-language pathology, and who passes an
examination acceptable to the board.
(2)
A certified teacher who, on the day before the effective
date
of this part January 12, 2009, was endorsed in the area of
speech and language impairment for the sole purpose of providing
services as a part of employment or contract with a school
district, intermediate school district, nonpublic school, or state
department that provides educational services is eligible for a
license under this part. An individual who meets the requirements
of this subsection shall first apply for a license on or before the
expiration of 2 years after the effective date of the rules
promulgated under this part. An individual who obtains a license
under this subsection is eligible for renewal of that license under
this part if he or she continues to meet the requirements of this
subsection.
(3)
An individual who, on the day before the effective date of
this
part January 12, 2009, has the credential conferred by the
American speech-language-hearing association as a certified speech-
language pathologist is eligible for a license under this part. An
individual who meets the requirements of this subsection and who
maintains the credential conferred by the American speech-language-
hearing association or a successor credential conferred by its
successor organization shall first apply for a license on or before
the expiration of 2 years after the effective date of the rules
promulgated under this part. An individual who obtains a license
under this subsection is eligible for renewal of that license under
this part if he or she continues to meet the requirements of this
subsection.
(4) An individual may apply for a temporary license under this
subsection for the purpose of completing a supervised postgraduate
clinical experience. The department shall issue a temporary license
under this subsection for a period not to exceed 12 months. An
individual seeking a temporary license under this subsection shall
obtain a temporary license before beginning the supervised
postgraduate clinical experience. At the conclusion of the
postgraduate clinical experience, the individual's supervisor shall
sign and submit to the department a report that documents the
individual's satisfactory completion of the supervised postgraduate
clinical experience. To be eligible for a temporary license under
this subsection, an applicant shall meet all of the following
requirements:
(a) Possess a master's or doctor of science or doctor of
philosophy degree in speech-language pathology acceptable to the
board. An applicant shall have his or her academic transcripts
provided directly to the department by the academic institution.
(b) Submit a plan for supervised postgraduate clinical
experience on a form approved by the board and signed by a licensed
professional who will provide supervision.
Sec. 17959. (1) The department shall, upon submission of a
completed application and payment of the appropriate application
processing and license fee, issue a license under this part to an
individual who fulfills all of the following requirements:
(a) Has a high school diploma or the equivalent as determined
by the board.
(b) Is of good moral character as defined in section 1 of 1974
PA 381, MCL 338.41.
(c) Is at least 18 years of age.
(d) Has successfully passed an examination meeting the
requirements of section 17961. The passage of this examination may
have
occurred before the effective date of this section January
9,
2009.
(e) Has successfully completed at least 1 of the following:
(i) A supervised curriculum in a school that has not less than
500 hours of classroom instruction.
(ii) At least 500 hours of course and clinical massage
education in a substantially equivalent program in another state,
country, jurisdiction, territory, or province that, on a case-by-
case review, is found by the board to be sufficient.
(2) The department shall issue a license to an applicant who
meets the requirements of subsection (1)(a), (b), and (c) and who
is currently licensed as a massage therapist in another state,
country, jurisdiction, territory, or province that requires
standards for licensure that are substantially equivalent to the
requirements for licensure under this part, as determined by the
board.
(3) Until 2 years after the effective date of the rules
promulgated under this part, the board may issue a license to an
applicant who meets the requirements of subsection (1)(a), (b), and
(c) and presents proof acceptable to the board that he or she has
fulfilled 1 of the following requirements:
(a)
For at least 1 year before the effective date of this part
January 9, 2009, has been an active member, as a massage therapist,
of a national professional massage therapy association that was
established before the year 2000, that offers professional
liability insurance as a benefit of membership, and that has an
established code of professional ethics.
(b) Has practiced massage therapy for an average of at least
10 hours per week for 5 or more years, as established by affidavit
of the applicant.
(c) Has practiced massage therapy for an average of at least
10 hours per week for at least 3 years, as established by affidavit
of the applicant, and has successfully completed at least 300 hours
of formal training in massage therapy acceptable to the board, as
established by evidence from the school or schools attended.
(d) Has successfully passed an examination meeting the
requirements of section 17961. The passage of this examination may
have
occurred before the effective date of this section January
9,
2009.
(e) Has fulfilled the requirement under subsection (1)(e).
Sec. 18358. (1) Except as otherwise provided under subsection
(2), an individual granted a license under this part shall meet 1
of the following requirements:
(a) Have a baccalaureate degree from a United States
regionally accredited institution of higher education approved by
the department with a major course of study in human nutrition,
nutrition education, foods and nutrition, dietetics, or food
systems management, or an equivalent course of study, as approved
by the department, have completed at least 900 hours of postdegree
or planned continuous preprofessional experience supervised by a
licensed dietitian or nutritionist as prescribed in rules
promulgated by the department, and have successfully completed an
examination that is approved by the department.
(b) Have a master's degree from a United States regionally
accredited institution of higher education approved by the
department with a major course of study in human nutrition,
nutrition education, foods and nutrition, dietetics, or food
systems management, or an equivalent course of study, as approved
by the department, have completed at least 900 hours of postdegree
or planned continuous preprofessional experience supervised by a
licensed health care professional who has experience and knowledge
in the provision of dietetics and nutrition care services or by a
licensed dietitian or nutritionist as prescribed in rules
promulgated by the department, and have successfully completed an
examination that is approved by the department.
(c) Have a doctoral degree from a United States regionally
accredited institution of higher education approved by the
department with a major course of study in human nutrition,
nutrition education, foods and nutrition, dietetics, or food
systems management, or an equivalent course of study, as approved
by the department, and have completed at least 900 hours of
postdegree or planned continuous preprofessional experience
supervised by a licensed health care professional who has
experience and knowledge in the provision of dietetics and
nutrition care services or by a licensed dietitian or nutritionist
as prescribed in rules promulgated by the department.
(2) The department shall grant a license as a dietitian or
nutritionist to an individual who is currently registered as a
dietitian by the commission on dietetic registration and fulfills
the standards of the commission as adopted by reference under
section 18357(4). An individual granted a license under this
subsection shall apply for licensure as a dietitian or nutritionist
under
this part by July 1, 2008 on
or before the expiration of 2
years after the effective date of the rules promulgated under this
part.
(3) The department may grant a limited license to engage in
the postdegree experience required under subsection (1) to an
individual who has completed all of the educational and the
examination, if applicable, requirements for licensure. A limited
license granted under this subsection is renewable for not more
than 5 years.
Sec. 18359. (1) The department may issue a temporary license
as a dietitian or nutritionist to an individual who does not meet
all of the requirements promulgated in rules pursuant to section
18357 or the requirements established under section 18358, if the
applicant does all of the following:
(a)
Applies to the department for a temporary license within
on
or before the expiration of 1 year
after July 1, 2007 the
effective date of the rules promulgated under this part.
(b) Provides evidence to the department that he or she is a
dietitian who is registered with the commission on dietetic
registration or who meets the educational requirements prescribed
under section 18358(1) and satisfies either of the following:
(i) Has experience as prescribed under section 18358(1).
(ii) Has been employed as a dietitian or nutritionist for at
least 3 of the last 10 years immediately preceding the date of the
application.
(c) Pays the applicable fees prescribed by section 16346.
(2) A temporary license issued by the department under this
section expires within the same time period as a nontemporary
license issued by the department under this part. The holder of a
temporary license issued under this section may apply for a renewal
of the temporary license, but an individual may not hold a
temporary license for more than a total of 2 years.
(3) The holder of a temporary license issued under this
section is subject to this part and the rules promulgated under
this part, except for the requirements for licensure.
Sec. 20958. (1) The department may deny, revoke, or suspend an
emergency medical services personnel license upon finding that an
applicant or licensee meets 1 or more of the following:
(a) Is guilty of fraud or deceit in procuring or attempting to
procure licensure.
(b) Has illegally obtained, possessed, used, or distributed
drugs.
(c) Has practiced after his or her license has expired or has
been suspended.
(d) Has knowingly violated, or aided or abetted others in the
violation of, this part or rules promulgated under this part.
(e) Is not performing in a manner consistent with his or her
education, licensure, or approved medical control authority
protocols.
(f) Is physically or mentally incapable of performing his or
her prescribed duties.
(g) Has been convicted of a criminal offense under sections
520a to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a
to 750.520l. A certified copy of the court record is conclusive
evidence of the conviction.
(h) Has been convicted of a misdemeanor or felony reasonably
related to and adversely affecting the ability to practice in a
safe and competent manner. A certified copy of the court record is
conclusive evidence of the conviction.
(2) The department shall provide notice of intent to deny,
revoke,
or suspend an emergency services personnel license and
opportunity
for a hearing according to section 20166 by certified
mail or personal service. The notice of intent shall set forth the
particular reasons for the proposed action and shall advise the
applicant or licensee that he or she is entitled to the opportunity
for a hearing before the director or the director's authorized
representative. If the person to whom the notice is sent does not
make a written request to the department for a hearing within 30
days of receiving the notice, the license is considered denied,
revoked, or suspended as stated in the notice. If requested, the
hearing shall be conducted pursuant to the administrative
procedures act of 1969 and rules promulgated by the department. A
full and complete record shall be kept of the proceeding and shall
be transcribed when requested by an interested party, who shall pay
the cost of preparing the transcript. On the basis of a hearing or
on the default of the applicant or licensee, the department may
issue, deny, suspend, or revoke a license.
(3) The department may establish procedures, hold hearings,
administer oaths, issue subpoenas, or order testimony to be taken
at a hearing or by deposition in a proceeding pending at any stage
of the proceeding. A person may be compelled to appear and testify
and to produce books, papers, or documents in a proceeding.
(4) In case of disobedience of a subpoena, a party to a
hearing may invoke the aid of the circuit court of the jurisdiction
in which the hearing is held to require the attendance and
testimony of witnesses. The circuit court may issue an order
requiring an individual to appear and give testimony. Failure to
obey the order of the circuit court may be punished by the court as
a contempt.
