HOUSE BILL No. 4085 January 28, 1999, Introduced by Reps. Law, Raczkowski, Gosselin and Richner and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16338 and part 186. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16131. The terms of office of individual members of 2 the boards and task forces, except those appointed to fill vacan- 3 cies,shallexpire 4 years after appointment as follows: 4 Nursing June 30 5 Optometry June 30 6 Pharmacy June 30 7 Podiatric medicine and surgery June 30 8 Dentistry June 30 00219'99 CPD 2 1 Chiropractic December 31 2 Counseling June 30 3 Marriage and family therapy June 30 4 Medicine December 31 5 Occupational therapists December 31 6 Osteopathic medicine and surgery December 31 7 Physical therapy December 31 8 Psychology December 31 9 RESPIRATORY CARE DECEMBER 31 10 Sanitarians December 31 11 Veterinary medicine December 31 12 Sec. 16263. (1) Except as provided in subsection (2), the 13 following words, titles, or letters or a combinationthereofOF 14 THEM, with or without qualifying words or phrases, are restricted 15 in use only to those persons authorized under this article to use 16 the terms and in a way prescribed in this article: 17 (a) "Chiropractic", "doctor of chiropractic", 18 "chiropractor", "d.c.", and "chiropractic physician". 19 (b) "Dentist", "doctor of dental surgery", "oral and maxil- 20 lofacial surgeon", "orthodontist", "prosthodontist", 21 "periodontist", "endodontist", "oral pathologist", "pediatric 22 dentist", "dental hygienist", "registered dental hygienist", 23 "dental assistant", "registered dental assistant", "R.D.A.", 24 "d.d.s.", "d.m.d.", and "r.d.h.". 25 (c) "Doctor of medicine" and "m.d.". 26 (d) "Physician's assistant" and "p.a.". 00219'99 3 1 (e) "Registered professional nurse", "registered nurse", 2 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife", 3 "nurse anesthetist", "nurse practitioner", "trained attendant", 4 and "t.a.". 5 (f) "Doctor of optometry", "optometrist", and "o.d.". 6 (g) "Osteopath", "osteopathy", "osteopathic practitioner", 7 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.". 8 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore", 9 "druggist", "medicine store", "prescriptions", and "r.ph.". 10 (i) "Physical therapy", "physical therapist", 11 "physiotherapist", "registered physical therapist", "licensed 12 physical therapist", "physical therapy technician", "p.t.", 13 "r.p.t.", "l.p.t.", and "p.t.t.". 14 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry", 15 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot 16 specialist", "podiatric physician and surgeon", and "d.p.m.". 17 (k) "Consulting psychologist", "psychologist", 18 "psychological assistant",and"psychological examiner", 19 "licensed psychologist", and "limited licensed psychologist". 20 (l) "Licensed professional counselor", "licensed counselor", 21 "professional counselor", and "l.p.c.". 22 (m) "Sanitarian", "registered sanitarian", and "r.s.". 23 (n) "Veterinary", "veterinarian", "veterinary doctor", 24 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.", 25 "d.v.m.", "animal technician", or "animal technologist". 26 (o) "Occupational therapist", "occupational therapist 27 registered", "certified occupational therapist", "o.t.", 00219'99 4 1 "o.t.r.", "c.o.t.", "certified occupational therapy assistant", 2 "occupational therapy assistant", or "c.o.t.a.". 3 (p) "Marriage advisor" or "marriage consultant"; "family 4 counselor", "family advisor", "family therapist", or "family 5 consultant"; "family guidance counselor", "family guidance 6 advisor", or "family guidance consultant"; "marriage guidance 7 counselor", "marriage guidance advisor", or "marriage guidance 8 consultant"; "family relations counselor"; "marriage relations 9 counselor", "marriage relations advisor", or "marriage relations 10 consultant"; "marital counselor" or "marital therapist"; "limited 11 licensed marriage and family therapist" or "limited licensed mar- 12 riage counselor"; "licensed marriage and family therapist" or 13 "licensed marriage counselor"; and "l.m.f.t.". 14 (Q) "RESPIRATORY THERAPIST", "REGISTERED RESPIRATORY 15 THERAPIST", "R.T.", AND "R.R.T.". 16 (2) Notwithstanding section 16261, a person who was spe- 17 cially trained at an institution of higher education in this 18 state to assist a physician in the field of orthopedics and upon 19 completion of training, received a 2-year associate of science 20 degree as an orthopedic physician's assistant before January 1, 21 1977, may use the title "orthopedic physician's assistant" 22 whether or not the person is licensed under this article. 23 SEC. 16338. FEES FOR AN INDIVIDUAL REGISTERED OR SEEKING 24 REGISTRATION AS A REGISTERED RESPIRATORY THERAPIST UNDER PART 179 25 ARE AS FOLLOWS: 26 (A) APPLICATION PROCESSING FEE........................$ 20.00 00219'99 5 1 (B) REGISTRATION FEE, PER YEAR......................... 75.00 2 PART 186. RESPIRATORY CARE 3 SEC. 18601. (1) AS USED IN THIS PART: 4 (A) "HEALTH FACILITY" MEANS A HEALTH FACILITY OR AGENCY 5 LICENSED UNDER ARTICLE 17. 6 (B) "MEDICAL DIRECTOR" MEANS A PHYSICIAN WHO IS RESPONSIBLE 7 FOR THE QUALITY, SAFETY, APPROPRIATENESS, AND EFFECTIVENESS OF 8 THE RESPIRATORY CARE PROVIDED BY A RESPIRATORY THERAPIST, WHO 9 ASSISTS IN QUALITY MONITORING, PROTOCOL DEVELOPMENT, AND COMPE- 10 TENCY VALIDATION, AND WHO MEETS ALL OF THE FOLLOWING: 11 (i) IS THE MEDICAL DIRECTOR OF AN INPATIENT OR OUTPATIENT 12 RESPIRATORY CARE SERVICE OR DEPARTMENT WITHIN A HEALTH FACILITY, 13 OR OF A HOME CARE AGENCY, DURABLE MEDICAL EQUIPMENT COMPANY, OR 14 EDUCATIONAL PROGRAM. 15 (ii) HAS SPECIAL INTEREST AND KNOWLEDGE IN THE DIAGNOSIS AND 16 TREATMENT OF CARDIOPULMONARY DISORDERS AND DISEASES. 17 (iii) IS QUALIFIED BY TRAINING OR EXPERIENCE, OR BOTH, IN 18 THE MANAGEMENT OF ACUTE AND CHRONIC CARDIOPULMONARY DISORDERS AND 19 DISEASES. 20 (C) "PHYSICIAN" MEANS THAT TERM AS DEFINED IN SECTIONS 17001 21 AND 17501. 22 (D) "REGISTERED RESPIRATORY THERAPIST" MEANS AN INDIVIDUAL 23 WHO IS RESPONSIBLE FOR PROVIDING PATIENT CARE SERVICES TO INDI- 24 VIDUALS WITH DISORDERS AND DISEASES OF THE CARDIOPULMONARY 25 SYSTEM, INCLUDING, BUT NOT LIMITED TO, LIFE SUPPORT AND CARDIO- 26 PULMONARY RESUSCITATION AND WHO IS REGISTERED UNDER THIS ARTICLE 27 AS A REGISTERED RESPIRATORY THERAPIST. 00219'99 6 1 (2) IN ADDITION TO THE DEFINITIONS IN THIS PART, ARTICLE 1 2 CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION 3 APPLICABLE TO ALL ARTICLES IN THIS CODE AND PART 161 CONTAINS 4 DEFINITIONS APPLICABLE TO THIS PART. 5 SEC. 18603. AFTER THE EFFECTIVE DATE OF THE RULES PROMUL- 6 GATED BY THE BOARD UNDER SECTION 16145, AN INDIVIDUAL SHALL NOT 7 USE THE TITLES "RESPIRATORY THERAPIST", "REGISTERED RESPIRATORY 8 THERAPIST", "R.T.", AND "R.R.T." OR SIMILAR WORDS THAT INDICATE 9 THE INDIVIDUAL IS A REGISTERED RESPIRATORY THERAPIST UNLESS THE 10 INDIVIDUAL IS REGISTERED UNDER THIS ARTICLE AS A REGISTERED RES- 11 PIRATORY THERAPIST. 12 SEC. 18605. THE MICHIGAN BOARD OF RESPIRATORY CARE IS CRE- 13 ATED IN THE DEPARTMENT AND CONSISTS OF THE FOLLOWING 7 MEMBERS 14 WHO MEET THE REQUIREMENTS OF PART 161: 15 (A) FOUR INDIVIDUALS WHO MEET THE REQUIREMENTS OF 16 SECTION 16135. 17 (B) ONE MEDICAL DIRECTOR. 18 (C) TWO PUBLIC MEMBERS. 19 SEC. 18607. (1) IN PROMULGATING RULES TO ESTABLISH REQUIRE- 20 MENTS FOR REGISTRATION UNDER SECTION 16145, THE BOARD SHALL ADOPT 21 ALL OF THE FOLLOWING REQUIREMENTS: 22 (A) SUCCESSFUL COMPLETION OF AN ACCREDITED RESPIRATORY THER- 23 APIST TRAINING PROGRAM APPROVED BY THE BOARD. 24 (B) HAVING AT LEAST A 2-YEAR ASSOCIATE'S DEGREE FROM AN 25 ACCREDITED COLLEGE OR UNIVERSITY APPROVED BY THE BOARD. 26 (C) HAVING THE CREDENTIAL CONFERRED BY THE NATIONAL BOARD 27 FOR RESPIRATORY CARE OR ITS SUCCESSOR ORGANIZATION AS A 00219'99 7 1 REGISTERED RESPIRATORY THERAPIST OR ITS SUCCESSOR CREDENTIAL, AS 2 APPROVED BY THE BOARD. 3 (2) SUBJECT TO SECTION 16204, THE BOARD SHALL BY RULE PRE- 4 SCRIBE CONTINUING EDUCATION REQUIREMENTS AS A CONDITION FOR REG- 5 ISTRATION RENEWAL. 6 SEC. 18609. THIS PART DOES NOT REQUIRE NEW OR ADDITIONAL 7 THIRD PARTY REIMBURSEMENT FOR SERVICES RENDERED BY AN INDIVIDUAL 8 REGISTERED AS A REGISTERED RESPIRATORY THERAPIST UNDER THIS 9 ARTICLE. 00219'99 Final page. CPD