Bill Text: MI HB5043 | 2009-2010 | 95th Legislature | Engrossed
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-Engrossed.html
HB-5043, As Passed House, July 1, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 5043
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16245 (MCL 333.16245), as amended by 2006 PA
26.
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) 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registration that was revoked for a violation of section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), 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 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.
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.
