Bill Text: MI SB1222 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health occupations: health professionals; reciprocity for veterans and military service members and their dependents who hold an out-of-state license or registration; provide for and update definition of armed forces. Amends secs. 16103, 16181, 16303, 16323 & 20950 of 1978 PA 368 (MCL 333.16103 et seq.) & adds sec. 16186a.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2020-12-08 - Referred To Committee On Ways And Means [SB1222 Detail]
Download: Michigan-2019-SB1222-Introduced.html
SENATE BILL NO. 1222
November 12, 2020, Introduced by Senators BIZON
and HOLLIER and referred to the Committee on Families, Seniors, and
Veterans.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16103, 16181, 16303, 16323, and 20950 (MCL 333.16103, 333.16181, 333.16303, 333.16323, and 333.20950), section 16103 as amended by 1993 PA 80, section 16181 as amended by 2014 PA 148, section 16303 as added by 1988 PA 462, section 16323 as amended by 2018 PA 463, and section 20950 as amended by 2013 PA 165, and by adding section 16186a.
the people of the state of michigan enact:
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Sec. 16103. (1) "Armed Forces" means the United States Army, Air Force,
Navy, Marine Corps, or Coast Guard or other military force designated by
Congress as part of the Armed Forces of the United States.
(2)
"Board" as used in this part means each board created in this
article and as used in any other part covering a specific health profession
means the board created in that part.
(3)
(2) "Certificate
of licensure" means a document issued as evidence of authorization to
practice and use a designated title.
(4)
(3) "Certificate
of registration" means a document issued as evidence of authorization to
use a designated title.
(5)
(4) "Controlled
substance" means that term as defined in section 7104.
(6) (5) "Conviction" means a judgment entered by a court upon on a plea of guilty, guilty but mentally ill, or nolo contendere or upon on a jury verdict or court finding that a defendant is guilty or guilty but mentally ill.
Sec. 16181. (1) A
board may grant a nonrenewable, temporary license to an applicant who has
completed all requirements for licensure except for examination or other
required evaluation procedure. A board shall not grant a temporary license to
an individual who has previously failed the examination or other required
evaluation procedure or whose license has been suspended or revoked. A
temporary license issued under this subsection is valid for 18 months, but a
board shall automatically void the temporary license if the applicant fails the
examination or other required evaluation procedure.
(2) The Michigan board of nursing may grant a nonrenewable,
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temporary license to an applicant for a license
under part 172 to engage in the practice of nursing as a registered
professional nurse if the applicant is licensed as a registered professional
nurse by an equivalent licensing board or authority in another state or is
licensed as a registered professional nurse by an equivalent licensing board or
authority in Canada. A temporary license issued under this subsection expires
on the earliest of the following:
(a) One year after the date of issuance.
(b) The date the applicant is notified that he or she failed
the commission on graduates of foreign nursing
schools CGFNS International, Inc., qualifying
examination, as approved by the department.
(c) The date the applicant is notified that he or she failed
the national council licensure examination, National Council Licensure Examination, as approved
by the department.
(d) The date the applicant is issued a license under part 172
to engage in the practice of nursing as a registered professional nurse.
(e) The date the applicant is notified that he or she has
failed to meet the requirements of this article and rules promulgated under
this article for licensure.
(f) The date the applicant is notified that he or she has
failed to complete the application process for full licensure.
(3) The holder of a temporary license issued under subsection
(1) or (5) shall practice only under the supervision of a licensee who holds a
license, other than a health profession subfield license, in the same health
profession. The holder of a temporary license issued under subsection (1) or
(5) must not be supervised
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by a licensee who holds a limited license or
temporary license.
(4) The department shall issue a temporary license within 48
hours upon receiving on receipt of proof that the applicant's license
issued by another state or a province in Canada is currently active and in good
standing.
(5) Beginning 90
days after the effective date of the amendatory act that added this subsection,
a board June 11, 2014, the department
shall grant a temporary license or
registration to an applicant who meets all of the following:
(a) He or she provides proof acceptable to the board department
that he or she is married
to a dependent of either a member of
the armed forces of the United States Armed Forces who is on active duty or a veteran. As
used in this subdivision, "armed forces" means that term as defined
in section 20950.As used in this subdivision,
"dependent" and "veteran" means those terms as defined in
section 16303.
(b) He or she provides proof acceptable to the board department
that he or she holds a current license in good standing, or a
current registration in good standing, in that health profession, issued by an
equivalent licensing department, board, or authority
in another state or country, as determined by the department, in consultation with the applicable board. , in another state of the
United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, another territory or protectorate of the United States, or a foreign
country.
(c)
He or she provides proof acceptable to the board that his or her spouse is
assigned to a duty station in this state and that he or she is also assigned to
a duty station in this state under his or her spouse's permanent change of
station orders.
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(c)
(d) He or she
complies with section 16174(3) so that a criminal history check is conducted in
the manner prescribed in that section.
(6) A temporary license issued under subsection (5) is valid
for 6 months and may be renewed for 1 additional 6-month term if the board
determines the temporary licensee continues to meet the requirements of
subsection (5) and needs additional time to fulfill the requirements for
initial licensure under this article.
Sec. 16186a. (1) Notwithstanding any other
provision of this article to the contrary, an applicant must be granted an initial
license or initial registration, without examination, if the applicant meets
all of the following:
(a)
Demonstrates to the satisfaction of the department that he or she is 1 of the
following:
(i) A member of the Armed Forces on
active duty.
(ii) A veteran.
(iii) A dependent of either a member of
the Armed Forces on active duty or a veteran.
(b)
Demonstrates to the satisfaction of the department that he or she holds a
current license or registration in good standing in another state or country for
the health profession for which the applicant is seeking licensure or registration
in this state and the department determines that the requirements for licensure
or registration in the other state or country are substantially equivalent to
or exceed the requirements of this article and rules promulgated by the
department, in consultation with the applicable board, under this article for licensure
or registration.
(c)
Demonstrates to the satisfaction of the department that he or she is competent
in the health profession for which he or she is
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seeking licensure or registration, as
demonstrated by the applicant's training or experience or by another method
prescribed by the department, in consultation with the applicable board.
(d)
He or she complies with section 16174(3) so that a criminal history check is conducted
in the manner prescribed in that section.
(2) As used in this section, "dependent" and "veteran" mean those terms as defined in section 16303.
Sec. 16303. (1) Each Except as otherwise provided in this section, each application
for a license or registration shall must be accompanied by a nonrefundable application
processing fee, .
The and the department may also require
that the application be accompanied by a fee for a required examination or
inspection or the fee for the initial license or registration period.
(2) The department shall waive the fee for an initial license or initial registration that is otherwise required under this article, or an application processing fee charged by the department for an initial license or initial registration, if the applicant meets 1 of the following requirements:
(a) Is an individual who served in the Armed Forces and he or she provides to the department a form DD214, form DD215, or any other form that is satisfactory to the department that demonstrates he or she was separated from that service with an honorable character of service or under honorable conditions (general) character of service.
(b) Provides proof acceptable to the department that he or she is a dependent of either a member of the Armed Forces who is on active duty or a veteran.
(3) As used in this section:
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(a) "Dependent" means a spouse, surviving spouse, child who is under 26 years of age, or surviving child who is under 26 years of age.
(b) "Veteran" means that term as defined in section 1 of 1965 PA 190, MCL 35.61.
Sec. 16323. (1) Except as otherwise provided in subsection
(2), fees Fees for an
individual licensed or seeking licensure to practice as a dentist, dental
assistant, dental hygienist, or dental therapist under part 166 are as follows:
|
(a) |
Application
processing fees: |
|
(i) |
Dentist................................. $ 20.00 |
|
(ii) |
Dental
assistant........................
10.00 |
|
(iii) |
Dental
hygienist........................
15.00 |
|
(iv) |
Dental
therapist........................
15.00 |
|
(v) |
Health
profession specialty field |
|
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license
for a dentist...................
20.00 |
|
(b) |
Examination
fees: |
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(i) |
Dental
assistant's examination, |
|
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complete................................ 70.00 |
|
(ii) |
Dental
assistant's examination, |
|
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per
part................................
35.00 |
|
(iii) |
Dental
therapist........................
300.00 |
|
(iv) |
Dentist's
health profession specialty |
|
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field
license examination, complete.....
300.00 |
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(v) |
Dentist's
health profession specialty |
|
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field
license examination, per part.....
100.00 |
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(c) |
License
fees, per year: |
|
(i) |
Dentist................................. 90.00 |
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|
(ii) |
Dental
assistant........................
10.00 |
|
(iii) |
Dental
hygienist........................
20.00 |
|
(iv) |
Dental
therapist........................
40.00 |
|
(v) |
Dentist's
health profession specialty |
|
|
field
license...........................
15.00 |
|
(d) |
Temporary
license fees: |
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(i) |
Dentist................................. 20.00 |
|
(ii) |
Dental
assistant........................
5.00 |
|
(iii) |
Dental
hygienist........................
10.00 |
|
(iv) |
Dental
therapist........................
15.00 |
|
(e) |
Limited
license fee, per year: |
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(i) |
Dentist................................. 25.00 |
|
(ii) |
Dental
assistant........................
5.00 |
|
(iii) |
Dental
hygienist........................
10.00 |
|
(iv) |
Dental
therapist........................
15.00 |
|
(f) |
Examination
review fees: |
|
(i) |
Dental
preclinical or dentist's health |
|
|
profession
specialty field license...... 50.00 |
|
(ii) |
Dental
assistant........................
20.00 |
|
(iii) |
Dental
therapist........................
50.00 |
(2)
The department shall waive the application processing and license fees required
under subsection (1) for an initial license to engage in practice as a dental
assistant if the applicant for initial licensure, while on active duty as a
member of the armed forces, served as a military dental specialist and was
separated from service with an honorable character of service or under
honorable conditions (general) character of service in the armed forces. The
applicant shall provide a form DD214, DD215, or any
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other form that is satisfactory to the department
to be eligible for the waiver of fees under this subsection. As used in this
subsection, "armed forces" means the United States Army, Air Force,
Navy, Marine Corps, or Coast Guard or other military force designated by
Congress as a part of the Armed Forces of the United States.
Sec. 20950. (1)
An individual shall not practice or advertise to practice as a medical first
responder, emergency medical technician, emergency medical technician
specialist, paramedic, or emergency medical services instructor-coordinator
unless licensed by the department under this section.
(2) The department shall issue a license under this section
only to an individual who meets all of the following requirements:
(a) Is 18 years of age or older.
(b) Meets either of the following requirements:
(i) Has successfully
completed the appropriate education program approved under section 20912.
(ii) While serving as a member of the armed
forces, Armed Forces, served as a military
health care specialist and was separated from service with an honorable
character of service or under an honorable conditions (general) character of
service in the 2-year period preceding the date the license application is
filed. The applicant shall provide a form DD214, DD215, or any other form that
is satisfactory to the department to meet the criteria established in this
subparagraph. This subparagraph only applies to an applicant for a license as
an emergency medical technician.
(c) Subject to
subsection (3), has attained a passing score on the appropriate department
prescribed examination, as follows:
(i) A medical first responder must pass the written examination
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proctored
by the department or the department's designee and a practical examination
approved by the department. The instructors of the
medical first responder course shall administer the practical
examination. shall be
administered by the instructors of the medical first responder course. The
department or the department's designee may also proctor the practical
examination. The individual shall pay the fee for the written examination
required under this subparagraph directly to the national
registry of emergency medical technicians National
Registry of Emergency Medical Technicians or other organization approved
by the department.
(ii) An emergency medical technician, emergency medical
technician specialist, or paramedic must pass the written examination proctored
by the department or the department's designee and a practical examination
proctored by the department or the department's designee. The individual shall
pay the fee for the written examination required under this subparagraph
directly to the national registry of emergency medical
technicians National Registry of Emergency Medical
Technicians or other organization approved by the department.
(d) Meets other
requirements of this part.
(3) The department shall
require for purposes of compliance with subsection (2)(c) successful passage by
each first-time applicant of an examination.
(4) The department shall
issue a license as an emergency medical services instructor-coordinator only to
an individual who meets the requirements of subsection (2) for an emergency
medical services instructor-coordinator and at the time of application is
currently licensed as a medical first responder, emergency medical
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technician,
emergency medical technician specialist, or paramedic and has at least 3 years'
field experience with a licensed life support agency as a medical first
responder, emergency medical technician, emergency medical technician
specialist, or paramedic. The department shall provide for the development and
administration of an examination for emergency medical services
instructor-coordinators. The license shall must specify the level of instruction-coordination the
individual is licensed to provide. An emergency medical services
instructor-coordinator shall not instruct or coordinate emergency medical
training courses at a level that exceeds his or her designated level of
licensure and for which he or she does not have at least 3 years' field
experience at that level of licensure.
(5) Except as otherwise
provided in section 20952, a license under this section is effective for 3
years from the date of issuance unless revoked or suspended by the department.
(6) Except as otherwise
provided in this section, an applicant for licensure under this section shall
pay the following triennial licensure fees:
(a) Medical first
responder - no fee.
(b) Emergency medical
technician - $40.00.
(c) Emergency medical
technician specialist - $60.00.
(d) Paramedic - $80.00.
(e) Emergency medical
services instructor-coordinator - $100.00.
(7) If a life support
agency certifies to the department that an applicant for licensure under this
section will act as a volunteer and if the life support agency does not charge
for its services, the department shall not require the applicant to pay the
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fee
required under subsection (6). If the applicant ceases to meet the definition
of a volunteer under this part at any time during the effective period of his
or her license and is employed as a licensee under this part, the applicant
shall at that time pay the fee required under subsection (6).
(8) The department shall
waive the fee required under subsection (6) for the initial license if the
applicant for initial licensure was separated from service with an honorable
character of service or under honorable conditions (general) character of
service in the armed forces. Armed Forces. The applicant shall provide a form DD214,
DD215, or any other form that is satisfactory to the department to be eligible
for the waiver of the fee under this subsection.
(9) As used in this
section, "armed forces" "Armed Forces" means that
term as defined in section 2 of the veteran right to employment services act,
1994 PA 39, MCL 35.1092.that term as defined in
section 16103.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
