Bill Text: MI HB5043 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health; occupations; license revocation or denial upon conviction of first, second, or third degree criminal sexual conduct; make permanent. Amends secs. 16245 & 16631 of 1978 PA 368 (MCL 333.16245 & 333.16631). TIE BAR WITH: HB 4468'09, HB 4469'09
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-07-21 - Referred To Committee On Health Policy [HB5043 Detail]
Download: Michigan-2009-HB5043-Introduced.html
HOUSE BILL No. 5043
June 4, 2009, Introduced by Reps. Liss, Rick Jones, Bettie Scott and Constan and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16245 and 16631 (MCL 333.16245 and 333.16631),
section 16245 as amended by 2006 PA 26 and section 16631 as added
by 2008 PA 503.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
16245. (1) An Except as
otherwise provided, 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)
An Except as otherwise provided,
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)
16221(i) upon payment of the installment.
(4) Except as otherwise provided in this subsection, 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 the case of a license or
registration that was revoked for a violation of section
16221(b)(vii), 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) 16221(p),
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In the case of a license or registration that was revoked for a
violation of section 16221(b)(xiii), that revocation is permanent and
the 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.
(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 or article 7. 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 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 pursuant
to this section shall have a criminal history check conducted in
accordance with section 16174 and submit a copy of the results of
the
background criminal
history check to the board with his or
her
application for reinstatement or reclassification.
Sec. 16631. (1) Except as otherwise provided, this section
applies to a dentist who uses dental amalgam and to a dentist who
removes dental amalgam. This section does not apply to any of the
following:
(a) Oral and maxillofacial surgeons.
(b) Oral and maxillofacial radiologists.
(c) Oral pathologists.
(d) Orthodontists.
(e) Periodontists.
(f) Dentists while providing services in a dental school, in a
hospital, or through a local health department.
(2) On or before December 31, 2013, a dentist described in
subsection (1) shall install or have installed and use on each
wastewater drain in the dentist's office that is used to discharge
dental amalgam a separator that has an efficiency of 95% or more as
determined through testing in accordance with standards published
by the international organization for standardization in ISO
11143:2008
"Dental equipment "Dentistry
— Amalgam separators".
(3)
On or before the expiration of 90 days after the effective
date
of this section April 13,
2009, the department, in
consultation with the department of environmental quality, shall
promulgate rules regarding best management practice for dental
amalgam collection, disposal, and recycling and the retention and
inspection of dental office records regarding the following:
(a) The make, model, and type of dental amalgam separator
installed and in use in the office.
(b) The method used to dispose of or recycle the dental
amalgam waste collected.
(c) The shipping or other delivery records documenting the
transfer of the dental amalgam waste collected to licensed
recyclers or disposers.
(d) The proper operation of the dental amalgam separator,
including scheduled maintenance as specified in the manufacturer's
owner's manual for that separator.
(e) Compliance with dental amalgam best management practices.
(4) A violation of subsection (1) or (2) or a rule promulgated
under
subsection (3) is a violation of section 16221(h) 16221(g).
(5)
Beginning on the effective date of this section January
13, 2009 and subject to this subsection, this section preempts and
supersedes any local ordinance, regulation, or resolution that
imposes conflicting, different, or additional standards or
requirements on dentists than those contained in this section or
rules promulgated by the board under this section. A local unit of
government may enact, adopt, maintain, amend, or enforce an
ordinance, regulation, or resolution that requires implementation
of the requirement in subsections (2) and (3) before the date
required in subsection (2). A local unit of government shall not
enact, adopt, maintain, or enforce an ordinance, regulation, or
resolution that imposes conflicting, different, or additional
standards or requirements on dentists than those contained in this
section
or rules promulgated by the board under this section,
including, but not limited to, the requirement to obtain a permit
that limits the discharge of mercury into wastewater with a
limitation greater than that capable of being achieved by full
compliance with this section.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) House Bill No. 4468.
(b) House Bill No. 4469.
