PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.22211 Certificate of need commission; creation; appointment, qualifications, and terms of members; vacancy; laws to which commission members subject.
(1) The certificate of need commission is created in the department. The commission shall consist of 11 members appointed by the governor with the advice and consent of the senate. The governor shall not appoint more than 6 members from the same major political party and shall appoint 5 members from another major political party. The members constituting the commission on the day before the effective date of the amendatory act that added subdivision (a) shall serve on the commission for the remainder of their terms. On the expiration of the term of each member constituting the commission on the day before the effective date of the amendatory act that added subdivision (a), the governor shall appoint a successor as required under this section in accordance with subdivisions (f), (g), (h), (i), and (j) and in that order. Of the additional members, the governor, within 30 days after the effective date of the amendatory act that added subdivision (a), shall appoint 6 additional members to the commission as required under subdivisions (a), (b), (c), (d), and (e). The commission shall consist of the following 11 members:
(a) Two individuals representing hospitals.
(b) One individual representing physicians licensed under part 170 to engage in the practice of medicine.
(c) One individual representing physicians licensed under part 175 to engage in the practice of osteopathic medicine and surgery.
(d) One individual who is a physician licensed under part 170 or 175 representing a school of medicine or osteopathic medicine.
(e) One individual representing nursing homes.
(f) One individual representing nurses.
(g) One individual representing a company that is self-insured for health coverage.
(h) One individual representing a company that is not self-insured for health coverage.
(i) One individual representing a nonprofit health care corporation operating pursuant to the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1101 to 550.1703.
(j) One individual representing organized labor unions in this state.
(2) In making appointments, the governor shall, to the extent feasible, assure that the membership of the commission is broadly representative of the interests of all of the people of this state and of the various geographic regions.
(3) A member of the commission shall serve for a term of 3 years or until a successor is appointed. Of the 6 members appointed within 30 days after the effective date of the amendatory act that added subsection (1)(a), 2 of the members shall be appointed for a term of 1 year, 2 of the members shall be appointed for a term of 2 years, and 2 of the members shall be appointed for a term of 3 years. A vacancy on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(4) Commission members are subject to the following:
(a) 1968 PA 317, MCL 15.321 to 15.330.
(b) 1973 PA 196, MCL 15.341 to 15.348.
(c) 1978 PA 472, MCL 4.411 to 4.431.
History: Add. 1988, Act 332, Eff. Oct. 1, 1988
Am. 2002, Act 619, Eff. Mar. 31, 2003
Popular Name: Act 368
© 2009 Legislative Council, State of Michigan