HOUSE BILL No. 6333 September 18, 2002, Introduced by Rep. Birkholz and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16105, 16106, 16108, 16128, 16163, 16174, 16186, 16261, 16323, and 16608 (MCL 333.16105, 333.16106, 333.16108, 333.16128, 333.16163, 333.16174, 333.16186, 333.16261, 333.16323, and 333.16608), section 16106 as amended by 1997 PA 153, section 16108 as amended and section 16323 as added by 1993 PA 80, section 16174 as amended by 1998 PA 227, section 16186 as amended by 2002 PA 441, and section 16608 as amended by 1990 PA 216. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16105. (1) "Health occupation" means a health related 2 vocation, calling, occupation, or employment performed by 3individualsAN INDIVIDUAL whether or not THE INDIVIDUAL IS 4 licensed or registered under this article. 07866'02 KAO 2 1 (2) "Health profession" means a vocation, calling, 2 occupation, or employment performed byindividualsAN 3 INDIVIDUAL acting pursuant to a license or registration issued 4 under this article. 5 (3) "Health profession specialty field" means an area of 6 practice established under this articlewhichTHAT is within 7 the scope of activities, functions, and duties of a licensed 8 health profession andwhichTHAT requires advanced education 9 and training beyond that required for initial licensure. 10 (4) "HEALTH PROFESSION SPECIALTY FIELD LICENSE" MEANS AN 11 AUTHORIZATION TO USE A TITLE ISSUED TO A LICENSEE WHO HAS MET 12 QUALIFICATIONS ESTABLISHED BY THE MICHIGAN BOARD OF DENTISTRY FOR 13 REGISTRATION IN A HEALTH PROFESSION SPECIALTY FIELD. AN INDIVID- 14 UAL WHO HOLDS A DENTAL SPECIALTY CERTIFICATION ON THE EFFECTIVE 15 DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION IS CONSID- 16 ERED TO HOLD A HEALTH PROFESSION SPECIALTY FIELD LICENSE IN THAT 17 SPECIALITY AND MAY OBTAIN RENEWAL OF THE HEALTH PROFESSION SPE- 18 CIALTY FIELD LICENSE IN THAT SPECIALITY ON THE EXPIRATION DATE OF 19 THE SPECIALTY CERTIFICATION. THE HEALTH PROFESSION SPECIALTY 20 FIELD LICENSE IS NOT A LICENSE AS THAT TERM IS DEFINED IN 21 SECTION 16106(2). 22 (5)(4)"Health profession subfield" means an area of 23 practice established under this article which is within the scope 24 of the activities, functions, and duties of a licensed health 25 profession, and requires less comprehensive knowledge and skill 26 than is required to practice the full scope of the health 27 profession. 07866'02 3 1 Sec. 16106. (1) "Incompetence" means a departure from, or 2 failure to conform to, minimal standards of acceptable and pre- 3 vailing practice fortheA health profession, whether or not 4 actual injury to an individual occurs. 5 (2) "License", except as otherwise provided in this subsec- 6 tion, means an authorization issued under this article to prac- 7 tice where practice would otherwise be unlawful. License 8 includes an authorization to use a designated title which use 9 would otherwise be prohibited under this article and may be used 10 to refer to a health profession subfield license, limited 11 license, or a temporary license. For purposes of the definition 12 of "prescriber" contained in section 17708(2) only, license 13 includes an authorization issued under the laws of another state, 14 or the country of Canada,to practice in that state,or IN 15 the country of Canada, where practice would otherwise be unlaw- 16 ful, and is limited to a licensed doctor of medicine, a licensed 17 doctor of osteopathic medicine and surgery, or another licensed 18 health professional acting under the delegation and using, 19 recording, or otherwise indicating the name of the delegating 20 licensed doctor of medicine or licensed doctor of osteopathic 21 medicine and surgery. LICENSE DOES NOT INCLUDE A HEALTH PROFES- 22 SION SPECIALTY FIELD LICENSE. 23 (3) "Licensee", as used in a part that regulates a specific 24 health profession, meansa personAN INDIVIDUAL to whom a 25 license is issued under that part, and as used in this part means 26 each licensee regulated by this article. 07866'02 4 1 (4) "Limitation" means an action by which a board imposes 2 restrictions or conditions, or both, on a license. 3 (5) "Limited license" means a license to which restrictions 4 or conditions, or both, as to scope of practice, place of prac- 5 tice, supervision of practice, duration of licensed status, or 6 type or condition of patient or client served are imposed by a 7 board. 8 Sec. 16108. (1) "Reclassification" means an action by a 9 disciplinary subcommittee by which restrictions or conditions, or 10 both, applicable to a license are added or removed. 11 (2) "Registration" means an authorization only for the use 12 of a designated title which use would otherwise be prohibited 13 under this article.ItREGISTRATION includes specialty certi- 14 fication of a licensee AND A HEALTH PROFESSION SPECIALTY FIELD 15 LICENSE. 16 (3) "Registrant" as used inanyA part that regulates the 17 use of a title means an individual to whom a registration, A SPE- 18 CIALTY CERTIFICATION, or A HEALTH PROFESSION specialty 19certificationFIELD LICENSE is issued under that part, and as 20 used in this part means each registrant regulated by this 21 article. 22 (4) "Reinstatement" means the granting of a license or cer- 23 tificate of registration, with or without limitations or condi- 24 tions, toa personAN INDIVIDUAL whose license or certificate 25 of registration has been suspended or revoked. 07866'02 5 1 (5) "Relicensure" means the granting of a license toa2personAN INDIVIDUAL whose license has lapsed for failure to 3 renew the license within 60 days after the expiration date. 4 (6) "Reregistration" means the granting of a certificate of 5 registration toa personAN INDIVIDUAL whose certificate of 6 registration has lapsed for failure to renew the certificate 7 within 60 days after the expiration date. 8 Sec. 16128. (1) A health profession subfield task force 9 shall be composed of a majority of members licensed in the sub- 10 fields of the health professionwhichTHAT are created by this 11 article and shall include at least 1 licensed member from each of 12 the subfields of the health professionwhichTHAT is created by 13 this article. A health profession subfield task force shall 14 include at least 1 public member and 1 member of that profession 15 who holds a license other than a subfield license in that health 16 profession. 17 (2) A health profession specialty field task force shall be 18 composed of a majority of memberscertifiedREGISTERED in the 19 specialty fields of the health professionwhichTHAT are cre- 20 ated by this article. A health profession specialty field task 21 force shall include at least 1 public member and 1 member of that 22 health profession who is a member of the board. 23 Sec. 16163. A task force shall recommend to the board as 24 to: 25 (a) Determination of standards of education, training, and 26 experience required for practice in a health profession subfield 27 or forcertificationREGISTRATION in a health profession 07866'02 6 1 specialty field, and where appropriate, guidelines for approval 2 of educational programs for the HEALTH PROFESSION subfield or 3 HEALTH PROFESSION specialty field. 4 (b) Qualifications required of applicants for licensure in 5 health profession subfields or forcertificationREGISTRATION 6 in health profession specialty fields. 7 (c) Evaluation of qualifications for initial and continuing 8 licensure of practitioners in health profession subfields or 9 HEALTH PROFESSION specialty fields. The evaluation may cover 10 assessment of educational credentials, work experience and 11 related training, and administration of tests and examinations. 12 (d) Guidelines for utilization of, and standards of practice 13 for, licensees in health profession subfields or REGISTRANTS IN 14 HEALTH PROFESSION specialty fields. 15 Sec. 16174. (1) An individual who is licensed or registered 16 under this article shall meet all of the following requirements: 17 (a) Be 18 or more years of age. 18 (b) Be of good moral character. 19 (c) Have a specific education or experience in the health 20 profession or in a HEALTH PROFESSION subfield or HEALTH 21 PROFESSION specialty field ofaTHE health profession, or 22 training equivalent, or both, as prescribed by this article or 23 rules of a board necessary to promote safe and competent practice 24 and informed consumer choice. 25 (d) Have a working knowledge of the English language as 26 determined in accordance with minimum standards established for 27 that purpose by the department. 07866'02 7 1 (e) Pay the appropriate fees as prescribed in this article. 2 (2) In addition to the requirements of subsection (1), an 3 applicant for licensure, registration,orspecialty 4 certification, OR A HEALTH PROFESSION SPECIALTY SUBFIELD LICENSE 5 under this article shall meet all of the following requirements: 6 (a) Establish that disciplinary proceedings before a similar 7 licensure, registration, or specialty LICENSURE OR SPECIALTY cer- 8 tification board of this or any other state, of the United States 9 military, of the federal government, or of another country are 10 not pending against the applicant. 11 (b) Establish that if sanctions have been imposed against 12 the applicant by a similar licensure, registration, or specialty 13 LICENSURE OR SPECIALTY certification board of this or any other 14 state, of the United States military, of the federal government, 15 or of another country based upon grounds that are substantially 16 similar to those set forth in this article or article 7 or the 17 rules promulgated under this article or article 7, as determined 18 by the board or task force to which the applicant applies, the 19 sanctions are not in force at the time of application. 20 (c) File with the board or task force a written, signed con- 21 sent to the release of information regarding a disciplinary 22 investigation involving the applicant conducted by a similar 23 licensure, registration, or specialty LICENSURE OR SPECIALTY cer- 24 tification board of this or any other state, of the United States 25 military, of the federal government, or of another country. 26 (3) Beforelicensing, registering, or certifyingGRANTING 27 A LICENSE, REGISTRATION, SPECIALTY CERTIFICATION, OR A HEALTH 07866'02 8 1 PROFESSION SPECIALTY FIELD LICENSE TO an applicant, the board or 2 task force to which the applicant applies may do 1 of the 3 following: 4 (a) Make an independent inquiry into the applicant's compli- 5 ance with the requirements described in subsection (2). If a 6 licensure or registration board or task force determines under 7 subsection (2)(b) that sanctions have been imposed and are in 8 force at the time of application, the board or task force shall 9 not grant a license or registration or specialty certification OR 10 HEALTH PROFESSION SPECIALTY FIELD LICENSE to the applicant. 11 (b) Require the applicant to secure from a national associa- 12 tion or federation of state professional licensing boards certi- 13 fication of compliance with the requirements described in subsec- 14 tion (2). 15 (4) If, after issuing a license, registration,or16 SPECIALTY certification, OR HEALTH PROFESSION SPECIALTY FIELD 17 LICENSE, a board or task force or the department determines that 18 sanctions have been imposed against the licensee or registrant by 19 a similar licensure or registration or SPECIALTY LICENSURE OR 20 SPECIALTY certification board as described in subsection (2)(b), 21 the disciplinary subcommittee may impose appropriate sanctions 22 upon the licensee or registrant. The licensee or registrant may 23 request a show cause hearing before a hearing examiner to demon- 24 strate why the sanctions should not be imposed. 25 (5) An applicant for licensure, registration,orspecialty 26 certification, OR A HEALTH PROFESSION SPECIALTY FIELD LICENSE who 27 is or has been licensed, registered, or certified in a health 07866'02 9 1 profession or specialty by another state or country shall 2 disclose that fact on the application form. 3 Sec. 16186. (1) An individual who is licensed to practice a 4 health profession in another state or, until January 1, 2004, is 5 licensed to practice a health profession in a province of Canada, 6 who is registered in another state, or who holds A HEALTH PROFES- 7 SION SPECIALTY FIELD LICENSE OR specialty certification from 8 another state and who applies for licensure, registration,or9 specialty certification, OR A HEALTH PROFESSION SPECIALTY FIELD 10 LICENSE in this state may be granted an appropriate license or 11 registration or specialty certification OR HEALTH PROFESSION SPE- 12 CIALTY FIELD LICENSE upon satisfying the board or task force to 13 which the applicant applies as to all of the following: 14 (a) The applicant substantially meets the requirements of 15 this article and rules promulgated under this article for licen- 16 sure, registration,orspecialty certification, OR A HEALTH 17 PROFESSION SPECIALTY FIELD LICENSE. 18 (b) Subject to subsection (3), the applicant is licensed, 19 registered,orSPECIALTY certified, OR SPECIALITY LICENSED in 20 another state or, until January 1, 2004, is licensed in a prov- 21 ince in Canada that maintains standards substantially equivalent 22 to those of this state. 23 (c) Subject to subsection (3), until January 1, 2004, if the 24 applicant is licensed to practice a health profession in a prov- 25 ince in Canada, the applicant completed the educational require- 26 ments in Canada or in the United States for licensure in Canada 27 or in the United States. 07866'02 10 1 (d) Until January 1, 2004, if the applicant is licensed to 2 practice a health profession in a province in Canada, that the 3 applicant will perform the professional services for which he or 4 she bills in this state, and that any resulting request for third 5 party reimbursement will originate from the applicant's place of 6 employment in this state. 7 (2) Beforelicensing, registering, certifyingGRANTING A 8 LICENSE, REGISTRATION, SPECIALTY CERTIFICATION, OR A HEALTH PRO- 9 FESSION SPECIALTY FIELD LICENSE TO the applicant, the board or 10 task force to which the applicant applies may require the appli- 11 cant to appear personally before it for an interview to evaluate 12 the applicant's relevant qualifications. 13 (3) For purposes of the 2002 amendatory act that added this 14 subsection, an applicant who is licensed in a province in Canada 15 who meets the requirements of subsection (1)(c) and takes and 16 passes a national examination in this country that is approved by 17 the appropriate Michigan licensing board, or who takes and passes 18 a Canadian national examination approved by the appropriate 19 Michigan licensing board, is considered to have met the require- 20 ments of subsection (1)(b). This subsection does not apply if 21 the department, in consultation with the appropriate licensing 22 board, promulgates a rule disallowing the use of this subsection 23 for an applicant licensed in a province in Canada. 24 Sec. 16261. (1)A personAN INDIVIDUAL who is not 25 licensed or registered under this article shall not use an insig- 26 nia, title, or letter, or a word, letter, or phrase singly or in 27 combination, with or without qualifying words, letters, or 07866'02 11 1 phrases, under a circumstance to induce the belief that the 2personINDIVIDUAL is licensed or registered in this state, is 3 lawfully entitled in this state to engage in the practice of a 4 profession regulated by this article, or is otherwise in compli- 5 ance with this article. 6 (2) An individual shall not announce or hold himself or her- 7 self out to the public as limiting his or her practice to, as 8 being specially qualified in, or as giving particular attention 9 to a health profession specialty field for which a board issues a 10 specialty certification OR A HEALTH PROFESSION SPECIALTY FIELD 11 LICENSE, without first having obtainedaTHE specialty certifi- 12 cation OR HEALTH PROFESSION SPECIALTY field license. 13 Sec. 16323. Fees fora personAN INDIVIDUAL licensed or 14 seeking licensure to practice as a dentist, dental assistant, or 15 dental hygienist under part 166 are as follows: 16 (a) Application processing fees: 17 (i) Dentist.............................................$ 20.00 18 (ii) Dental assistant................................... 10.00 19 (iii) Dental hygienist.................................. 15.00 20 (iv)DentalHEALTH PROFESSION specialty FIELD LICENSE 21 FOR A DENTIST....................................... 20.00 22 (b) Examination fees: 23 (i) Dental assistant's examination, complete............ 70.00 24 (ii) Dental assistant's examination, per part........... 35.00 25 (iii)DentalDENTIST'S HEALTH PROFESSION specialty 26 FIELD LICENSE examination, complete................. 300.00 07866'02 12 1 (iv)DentalDENTIST'S HEALTH PROFESSION specialty 2 FIELD LICENSE examination, per part................ 100.00 3 (c) License fees, per year: 4 (i) Dentist............................................. 90.00 5 (ii) Dental assistant................................... 10.00 6 (iii) Dental hygienist.................................. 20.00 7 (iv)DentalDENTIST'S HEALTH PROFESSION specialty 8 FIELD LICENSE....................................... 15.00 9 (d) Temporary license fees: 10 (i) Dentist............................................. 20.00 11 (ii) Dental assistant................................... 5.00 12 (iii) Dental hygienist.................................. 10.00 13 (e) Limited license fee, per year: 14 (i) Dentist............................................. 25.00 15 (ii) Dental assistant................................... 5.00 16 (iii) Dental Hygienist.................................. 10.00 17 (f) Examination review fees: 18 (i) Dental preclinical or DENTIST'S HEALTH PROFESSION 19 specialty FIELD LICENSE............................. 50.00 20 (ii) Dental assistant................................... 20.00 21 Sec. 16608. (1) The board may issue a health profession 22 specialtycertificationFIELD LICENSE to a licensed dentist who 23 has advanced training beyond that required for initial licensure 24 and who has demonstrated competency through examination or other 25 evaluative processes in 1 or more of the following HEALTH 26 PROFESSION specialty fields: prosthodontics, endodontics, oral 27 and maxillofacial surgery, orthodontics, pediatric dentistry, 07866'02 13 1 periodontics, or oral pathology. A LICENSED DENTIST WHO HOLDS A 2 HEALTH PROFESSION SPECIALTY CERTIFICATION IN 1 OR MORE OF THE 3 HEALTH PROFESSION SPECIALTY FIELDS LISTED IN THIS SUBSECTION ON 4 THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED 5 SUBSECTIONS (3) AND (4) IS CONSIDERED TO HOLD A HEALTH PROFESSION 6 SPECIALTY FIELD LICENSE IN EACH OF THOSE HEALTH PROFESSION SPE- 7 CIALTY FIELDS AND MAY OBTAIN RENEWAL OF EACH HEALTH PROFESSION 8 SPECIALTY FIELD LICENSE ON THE EXPIRATION DATE OF THE SPECIALTY 9 CERTIFICATION. 10 (2) A health profession specialtycertificationFIELD 11 LICENSE issued pursuant to subsection (1) shall be renewed con- 12 currently with the license to practice dentistry. 13 (3) THIS SECTION DOES NOT PROHIBIT A LICENSED DENTIST WHO 14 HAS NOT BEEN ISSUED A HEALTH PROFESSION SPECIALTY FIELD LICENSE 15 UNDER SUBSECTION (1) FROM PERFORMING SERVICES IN 1 OR MORE OF THE 16 HEALTH PROFESSION SPECIALTY FIELDS LISTED IN SUBSECTION (1). 17 (4) FOR PURPOSES OF THE ADMINISTRATION OF THE GENERAL RULES 18 OF THE BOARD OF DENTISTRY IN THE MICHIGAN ADMINISTRATIVE CODE, A 19 REFERENCE TO SPECIALTY CERTIFICATION IS A REFERENCE TO A HEALTH 20 PROFESSION SPECIALTY FIELD LICENSE. 07866'02 Final page. 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