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.