Bill Text: MI HB5842 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Vehicles; emergency vehicles; reinstatement of or limitation on a permanently revoked license or registration; prohibit, provide part-time ambulance service licensure for advanced life support under certain circumstances, limit membership of occupation boards and task forces, and clarify licensure of pharmacy technicians and designation of pharmacist in charge. Amends secs. 16135, 16216, 16245, 16247, 16248, 16249, 17711, 17748, 17768, 20920 & 20921 of 1978 PA 368 (MCL 333.16135 et seq.); adds secs. 16245a & 20921a & repeals 20921a . TIE BAR WITH: HB 5839'14, HB 5840'14, HB 5841'14
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Passed) 2014-12-31 - Assigned Pa 413'14 With Immediate Effect 2014 Addenda [HB5842 Detail]
Download: Michigan-2013-HB5842-Introduced.html
HOUSE BILL No. 5842
September 23, 2014, Introduced by Rep. Pettalia and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16245, 16247, 16248, and 16249 (MCL 333.16245,
333.16247, 333.16248, and 333.16249), section 16245 as amended by
2013 PA 268 and sections 16247, 16248, and 16249 as amended by 1993
PA 79, and by adding section 16245a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16245. (1) Except as otherwise provided in this section
or section 16245a, an individual whose license is limited,
suspended, or revoked under this part may apply to his or her board
or task force for a reinstatement of a revoked or suspended license
or reclassification of a limited license pursuant to section 16247
or 16249.
(2) Except as otherwise provided in this section or section
16245a, an individual whose registration is suspended or revoked
under this part may apply to his or her board for a reinstatement
of a suspended or revoked registration pursuant to section 16248.
(3) A board or task force shall reinstate a license or
registration suspended for grounds stated in section 16221(j) upon
payment of the installment.
(4)
Except as otherwise provided in this subsection, section
or section 16245a, in case of a revoked license or registration, an
applicant shall not apply for reinstatement before the expiration
of
3 years after the effective date of the revocation. In Except as
otherwise provided in this section or section 16245a, in the case
of a license or registration that was revoked for a violation of
section 16221(b)(vii) or (xiii), a violation of section 16221(c)(iv)
consisting of a felony conviction, any other felony conviction
involving a controlled substance, or a violation of section
16221(q), an applicant shall not apply for reinstatement before the
expiration of 5 years after the effective date of the revocation.
In
the case of a license or registration that was permanently
revoked
for a violation of section 16221(b)(xiii), the former
licensee
or registrant is ineligible for reinstatement. The
department shall return an application for reinstatement received
before the expiration of the applicable time period under this
subsection. or
if the applicant is ineligible for reinstatement
under
this subsection.
(5) The department shall provide an opportunity for a hearing
before final rejection of an application for reinstatement unless
the application is returned because the applicant is ineligible for
reinstatement under subsection (4) or (9).
(6) Based upon the recommendation of the disciplinary
subcommittee for each health profession, the department shall adopt
guidelines to establish specific criteria to be met by an applicant
for reinstatement under this article, article 7, or article 8. The
criteria may include corrective measures or remedial education as a
condition of reinstatement. If a board or task force, in
reinstating a license or registration, deviates from the guidelines
adopted under this subsection, the board or task force shall state
the reason for the deviation on the record.
(7) An individual who seeks reinstatement or reclassification
of
a license or registration pursuant to under this section shall
pay the application processing fee as a reinstatement or
reclassification fee. If approved for reinstatement or
reclassification, the individual shall pay the per year license or
registration fee for the applicable license or registration period.
(8) An individual who seeks reinstatement of a revoked or
suspended license or reclassification of a limited license under
this section shall have a criminal history check conducted in
accordance with section 16174 and submit a copy of the results of
the criminal history check to the board with his or her application
for reinstatement or reclassification.
(9) An individual whose license is permanently revoked under
section 16221 is ineligible for reinstatement. The department shall
return an application for reinstatement received if the applicant
is ineligible for reinstatement under this subsection.
Sec. 16245a. (1) In addition to any other penalty, remedy, or
sanction under this act, an individual whose license, registration,
or authorization to engage in the practice of a health profession
has been permanently revoked under this article is permanently
ineligible for a license, registration, or authorization to engage
in the practice of a health profession under this article by the
department or a board or task force.
(2) The department or a board or task force shall not issue a
license or registration to an individual whose license,
registration, or authorization to engage in the practice of a
health profession has been permanently revoked under this article.
The department or a board or task force shall not otherwise
authorize an individual to engage in the practice of a health
profession under this article if that individual's license,
registration, or authorization to engage in the practice of a
health profession has been permanently revoked under this article.
Sec.
16247. (1) A Except as
otherwise provided in this
section, a board or task force may reinstate a license or issue a
limited license to an individual whose license has been suspended
or revoked under this part if after a hearing the board or task
force is satisfied by clear and convincing evidence that the
applicant is of good moral character, is able to practice the
profession with reasonable skill and safety to patients, has met
the criteria in the rules promulgated under section 16245(6), and
should be permitted in the public interest to practice. Pursuant to
the rules promulgated under section 16245(6), as a condition of
reinstatement, a disciplinary subcommittee, upon the recommendation
of a board or task force, may impose a disciplinary or corrective
measure authorized under this part and require that the licensee
attend a school or program selected by the board or task force to
take designated courses or training to become competent or
proficient in those areas of practice in which the board or task
force finds the licensee to be deficient. The board or task force
may require a statement on a form approved by it from the chief
administrator of the school or program attended or the person
responsible for the training certifying that the licensee has
achieved the required competency or proficiency.
(2) As a condition of reinstatement, a board or task force
shall place the licensee on probation for 1 year under conditions
set by the board or task force. If a licensee whose license has
been revoked cannot apply for reinstatement for 5 years after the
date of revocation, then, as a condition of reinstatement, the
board or task force shall require the licensee to take and pass the
current licensure examination.
(3) A board or task force shall not reinstate a license
suspended or revoked for grounds stated in section 16221(b)(i),
(iii), or (iv) until it finds that the licensee is mentally or
physically able to practice with reasonable skill and safety to
patients. The board or task force may require further examination
of the licensee, at the licensee's expense, necessary to verify
that
the licensee is mentally or physically able. A The board or
task
force shall give a licensee affected
by described in this
section
shall be afforded the opportunity at reasonable intervals
to demonstrate that he or she can resume competent practice in
accordance with standards of acceptable and prevailing practice.
(4) A board or task force shall not reinstate a license or
issue a limited license to an individual whose license has been
permanently revoked under section 16221.
Sec.
16248. (1) A Except
as otherwise provided in this
section, a registration board may reinstate a registration revoked
or suspended under this part if, after a hearing, the board is
satisfied by clear and convincing evidence that the individual is
of good moral character, has the education and experience as
required in this article, has met the criteria in the rules
promulgated under section 16245(6), and will use the title lawfully
and act in accordance with this article.
(2) A board or task force shall not reinstate a registration
or issue a limited registration to an individual whose license has
been permanently revoked under section 16221.
Sec.
16249. A Except as
otherwise provided in section 16245a,
a disciplinary subcommittee may reclassify a license limited under
this part to alter or remove the limitations if, after a hearing,
it is satisfied that the applicant will practice the profession
safely and competently within the area of practice and under
conditions stipulated by the disciplinary subcommittee, and should
be permitted in the public interest to so practice. The
disciplinary subcommittee may require the submission of information
necessary to make the determination required for reclassification.
As a condition of reclassification, the disciplinary subcommittee
may require that the licensee take an examination or attend a
school or program selected by the disciplinary subcommittee to take
designated courses or training to become competent in those areas
of practice the disciplinary subcommittee determines necessary for
reclassification. The disciplinary subcommittee may require a
statement on a form approved by it from the chief administrator of
the school or program attended or the person responsible for the
training certifying that the licensee has achieved the required
competency.
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 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5839 (request no.
05248'14).
(b) Senate Bill No.____ or House Bill No. 5840 (request no.
05249'14).
(c) Senate Bill No.____ or House Bill No. 5841 (request no.
05250'14).
