Bill Text: MI SB0702 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Occupations; health care professions; beginning date for fingerprinting and criminal history check requirement; modify. Amends sec. 16174 of 1978 PA 368 (MCL 333.16174).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-03-14 - Assigned Pa 0049'12 With Immediate Effect [SB0702 Detail]
Download: Michigan-2011-SB0702-Engrossed.html
SB-0702, As Passed Senate, January 31, 2012
SENATE BILL No. 702
September 27, 2011, Introduced by Senator MOOLENAAR and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16174 (MCL 333.16174), as amended by 2006 PA
398.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16174. (1) An individual who is licensed or registered
under this article shall meet all of the following requirements:
(a) Be 18 or more years of age.
(b) Be of good moral character.
(c) Have a specific education or experience in the health
profession or in a health profession subfield or health profession
specialty field of the health profession, or training equivalent,
or both, as prescribed by this article or rules of a board
necessary to promote safe and competent practice and informed
consumer choice.
(d) Have a working knowledge of the English language as
determined in accordance with minimum standards established for
that purpose by the department.
(e) Pay the appropriate fees as prescribed in this article.
(2) In addition to the requirements of subsection (1), an
applicant for licensure, registration, specialty certification, or
a health profession specialty subfield license under this article
shall meet all of the following requirements:
(a) Establish that disciplinary proceedings before a similar
licensure, registration, or specialty licensure or specialty
certification board of this or any other state, of the United
States military, of the federal government, or of another country
are not pending against the applicant.
(b) Establish that if sanctions have been imposed against the
applicant by a similar licensure, registration, or specialty
licensure or specialty certification board of this or any other
state, of the United States military, of the federal government, or
of another country based upon grounds that are substantially
similar to those set forth in this article or article 7 or the
rules promulgated under this article or article 7, as determined by
the board or task force to which the applicant applies, the
sanctions are not in force at the time of application. This
subdivision does not apply to an application for licensure that the
board may grant under section 17011(4) or 17511(2).
(c) File with the board or task force a written, signed
consent to the release of information regarding a disciplinary
investigation involving the applicant conducted by a similar
licensure, registration, or specialty licensure or specialty
certification board of this or any other state, of the United
States military, of the federal government, or of another country.
(3)
Beginning May 1, 2006, October
1, 2008, an applicant for
initial licensure or registration shall submit his or her
fingerprints to the department of state police to have a criminal
history check conducted and request that the department of state
police forward his or her fingerprints to the federal bureau of
investigation for a national criminal history check. The department
of state police shall conduct a criminal history check and request
the federal bureau of investigation to make a determination of the
existence of any national criminal history pertaining to the
applicant. The department of state police shall provide the
department with a written report of the criminal history check if
the criminal history check contains any criminal history record
information. The department of state police shall forward the
results of the federal bureau of investigation determination to the
department within 30 days after the request is made. The department
shall notify the board and the applicant in writing of the type of
crime disclosed on the federal bureau of investigation
determination without disclosing the details of the crime. The
department of state police may charge a reasonable fee to cover the
cost of conducting the criminal history check. The criminal history
record information obtained under this subsection shall be used
only for the purpose of evaluating an applicant's qualifications
for licensure or registration for which he or she has applied. A
member of the board shall not disclose the report or its contents
to any person who is not directly involved in evaluating the
applicant's qualifications for licensure or registration.
Information obtained under this subsection is confidential, is not
subject to disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246, and shall not be disclosed to any person
except for purposes of this section or for law enforcement
purposes.
(4) Before granting a license, registration, specialty
certification, or a health profession specialty field license to an
applicant, the board or task force to which the applicant applies
may do 1 of the following:
(a) Make an independent inquiry into the applicant's
compliance with the requirements described in subsection (2). If
subsection (2)(b) applies to an application for licensure and a
licensure or registration board or task force determines under
subsection (2)(b) that sanctions have been imposed and are in force
at the time of application, the board or task force shall not grant
a license or registration or specialty certification or health
profession specialty field license to the applicant.
(b) Require the applicant to secure from a national
association or federation of state professional licensing boards
certification of compliance with the requirements described in
subsection (2). If an application is for licensure that the board
may grant under section 17011(4) or 17511(2), the applicant is not
required to secure the certification of compliance with respect to
the requirements described in subsection (2)(b).
(5) If, after issuing a license, registration, specialty
certification, or health profession specialty field license, a
board or task force or the department determines that sanctions
have been imposed against the licensee or registrant by a similar
licensure or registration or specialty licensure or specialty
certification board as described in subsection (2)(b), the
disciplinary subcommittee may impose appropriate sanctions upon the
licensee or registrant. The licensee or registrant may request a
show cause hearing before a hearing examiner to demonstrate why the
sanctions should not be imposed.
(6) An applicant for licensure, registration, specialty
certification, or a health profession specialty field license who
is or has been licensed, registered, or certified in a health
profession or specialty by another state or country shall disclose
that fact on the application form.
