HB-5842, As Passed House, December 18, 2014HB-5842, As Passed Senate, December 18, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5842
(As amended December 18, 2014)
<<A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16135, 16216, 16245, 16247, 16248, 16249, 17711,
17748, 17768, 20920, and 20921 (MCL 333.16135, 333.16216, 333.16245,
333.16247, 333.16248, 333.16249, 333.17711, 333.17748, 333.17768,
333.20920, and 333.20921), section 16135 as amended by 1993 PA 80,
section 16216 as amended by 2014 PA 98, sections 16245 and 17768 as
amended by 2013 PA 268, sections 16247, 16248, and 16249 as amended
by 1993 PA 79, section 17711 as amended by 2014 PA 285, section 17748
as amended by 2014 PA 280, and sections 20920 and 20921 as amended by
2004 PA 200, and by adding sections 16245a and 20921a; and to repeal acts
and parts of acts.>>
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16135. (1) Except as otherwise provided in subsection
(2), a member of a board, the committee, or a task force created by
this
article shall must meet all of the following requirements:
(a) Be 18 or more years of age.
(b) Be of good moral character.
(c) Be a resident of this state for not less than the 6 months
immediately preceding appointment and remain a resident of this
state throughout the term of the appointment.
(d)
Be currently licensed or registered in this state where if
licensure or registration in a health profession is a requirement
for
membership. The member shall must
have actively practiced that
profession or taught in an approved educational institution that
prepares applicants for licensure or registration in that
profession, or a combination of both, in any state for not less
than the 2 years immediately preceding appointment.
(e) Not be a spouse, parent, child, or sibling of another
member of the board, committee, or task force and meet this
requirement throughout the term of the appointment.
(f) Not provide supervision over or be under the supervision
of another member of the board, committee, or task force and meet
this requirement throughout the term of the appointment.
(2)
Subject to subsection (3), for a board created on or after
January
1, 1989, the governor may appoint
as the members a member
of
the a board who are is required to be licensed
or registered
under
subsection (1)(d) individuals an
individual who meet meets
either or both of the following requirements:
(a)
Are Is certified or otherwise approved by a national
organization that certifies or otherwise approves individuals in
the profession to be licensed or registered by the board.
(b)
Have Has actively practiced the profession licensed or
registered by the board or taught in an educational institution
that prepares applicants for licensure or registration in that
profession, or a combination of both, for not less than the 2 years
immediately
preceding their his or her
appointment.
(3)
Each An individual appointed under subsection (2) shall
must be licensed or registered under this article in the profession
licensed or registered by that board within 3 years after the
effective date of the amendatory act that created the board.
Sec. 16216. (1) The chair of each board or task force shall
appoint 1 or more disciplinary subcommittees for that board or task
force. A disciplinary subcommittee for a board or task force shall
consist of 2 public members and 3 professional members from the
board
or task force. The chair of a board or task force shall not
serve
as a member of a disciplinary subcommittee.
(2)
A final decision of the a disciplinary subcommittee
finding
a violation of this article, article 7, or article 8 shall
be
by requires a majority vote of the members appointed and serving
on the disciplinary subcommittee.
(3)
A final decision of the a disciplinary subcommittee
imposing a sanction under this article, article 7, or article 8 or
a
final decision of the a disciplinary subcommittee other than a
final decision described in subsection (2) requires a majority vote
of the members appointed and serving on the disciplinary
subcommittee with an affirmative vote by at least 1 public member.
(4)
The chairperson of each disciplinary subcommittee shall be
a
public member and shall be appointed by the chair of the a board
or task force shall appoint a public member of the disciplinary
subcommittee of that board or task force as the chairperson of that
disciplinary subcommittee. The chair of a board or task force shall
not serve as a member of the disciplinary subcommittee of that
board or task force.
(5)
The department may review a final decision of the a
disciplinary subcommittee within 30 days after the date of the
disciplinary subcommittee's decision. If the department determines
that
the action taken by the a disciplinary subcommittee does not
protect the health, safety, and welfare of the public, the
department, with the approval of the board chair, may set aside the
decision of the disciplinary subcommittee and issue a different
final
action. The final action of the department shall serve serves
as the final action on the matter and is subject to judicial review
in the same manner as the final decision of the disciplinary
subcommittee.
(6) Beginning January 1, 2015, the department shall include on
its public licensing and registration website each final decision
where
that imposes disciplinary action is taken against a
licensee,
including the reason for and description of that disciplinary
action.
Sec. 16245. (1) Except as otherwise provided in this section
or section 16245a, 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) Except as otherwise provided in this section or section
16245a, 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, section
or section 16245a, 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 Except as
otherwise provided in this section or section 16245a, in the case
of a license or registration that was revoked for a violation of
section 16221(b)(vii) or (xiii), 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 former
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 unless
the application is returned because the applicant is ineligible for
reinstatement under subsection (4) or (9).
(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, article 7, or article 8. 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 under 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 under
this section shall have a criminal history check conducted in
accordance with section 16174 and submit a copy of the results of
the criminal history check to the board with his or her application
for reinstatement or reclassification.
(9) An individual whose license is permanently revoked under
section 16221 is ineligible for reinstatement. The department shall
return an application for reinstatement received if the applicant
is ineligible for reinstatement under this subsection.
Sec. 16245a. (1) In addition to any other penalty, remedy, or
sanction under this act, an individual whose license, registration,
or authorization to engage in the practice of a health profession
has been permanently revoked under this article is permanently
ineligible for a license, registration, or authorization to engage
in the practice of a health profession under this article by the
department or a board or task force.
(2) The department or a board or task force shall not issue a
license or registration to an individual whose license,
registration, or authorization to engage in the practice of a
health profession has been permanently revoked under this article.
The department or a board or task force shall not otherwise
authorize an individual to engage in the practice of a health
profession under this article if that individual's license,
registration, or authorization to engage in the practice of a
health profession has been permanently revoked under this article.
Sec.
16247. (1) A Except as
otherwise provided in this
section, a board or task force may reinstate a license or issue a
limited license to an individual whose license has been suspended
or revoked under this part if after a hearing the board or task
force is satisfied by clear and convincing evidence that the
applicant is of good moral character, is able to practice the
profession with reasonable skill and safety to patients, has met
the
criteria in the rules promulgated guidelines adopted under
section 16245(6), and should be permitted in the public interest to
practice.
Pursuant to the rules promulgated guidelines adopted
under section 16245(6), as a condition of reinstatement, a
disciplinary subcommittee, upon the recommendation of a board or
task force, may impose a disciplinary or corrective measure
authorized under this part and require that the licensee attend a
school or program selected by the board or task force to take
designated courses or training to become competent or proficient in
those areas of practice in which the board or task force finds the
licensee to be deficient. The board or task force may require a
statement on a form approved by it from the chief administrator of
the school or program attended or the person responsible for the
training certifying that the licensee has achieved the required
competency or proficiency.
(2) As a condition of reinstatement, a board or task force
shall place the licensee on probation for 1 year under conditions
set by the board or task force. If a licensee whose license has
been revoked cannot apply for reinstatement for 5 years after the
date of revocation, then, as a condition of reinstatement, the
board or task force shall require the licensee to take and pass the
current licensure examination.
(3) A board or task force shall not reinstate a license
suspended or revoked for grounds stated in section 16221(b)(i),
(iii), or (iv) until it finds that the licensee is mentally or
physically able to practice with reasonable skill and safety to
patients. The board or task force may require further examination
of the licensee, at the licensee's expense, necessary to verify
that
the licensee is mentally or physically able. A The board or
task
force shall give a licensee affected
by described in this
section
shall be afforded the opportunity at reasonable intervals
to demonstrate that he or she can resume competent practice in
accordance with standards of acceptable and prevailing practice.
(4) A board or task force shall not reinstate a license or
issue a limited license to an individual whose license has been
permanently revoked under section 16221.
Sec.
16248. (1) A Except
as otherwise provided in this
section, a registration board may reinstate a registration revoked
or suspended under this part if, after a hearing, the board is
satisfied by clear and convincing evidence that the individual is
of good moral character, has the education and experience as
required
in this article, has met the criteria in the rules
promulgated
guidelines adopted under section 16245(6), and will use
the title lawfully and act in accordance with this article.
(2) A board or task force shall not reinstate a registration
or issue a limited registration to an individual whose license has
been permanently revoked under section 16221.
Sec.
16249. A Except as
otherwise provided in section 16245a,
a disciplinary subcommittee may reclassify a license limited under
this part to alter or remove the limitations if, after a hearing,
it is satisfied that the applicant will practice the profession
safely and competently within the area of practice and under
conditions stipulated by the disciplinary subcommittee, and should
be permitted in the public interest to so practice. The
disciplinary subcommittee may require the submission of information
necessary to make the determination required for reclassification.
As a condition of reclassification, the disciplinary subcommittee
may require that the licensee take an examination or attend a
school or program selected by the disciplinary subcommittee to take
designated courses or training to become competent in those areas
of practice the disciplinary subcommittee determines necessary for
House Bill No. 5842 as amended December 15 and 18, 2014 (1 of 8)
reclassification. The disciplinary subcommittee may require a
statement on a form approved by it from the chief administrator of
the school or program attended or the person responsible for the
training certifying that the licensee has achieved the required
competency.
<<Sec.
17711. (1) A person An individual shall not engage in the
practice of pharmacy or serve as a pharmacy technician unless
licensed
or otherwise authorized by this article. Beginning June 30, 2015, an
individual shall not serve as a pharmacy technician unless licensed or
otherwise authorized by this article.
(2) The following words, titles, or letters or a combination of
words, titles, or letters, with or without qualifying words or phrases,
are restricted in use only to those persons authorized under this part
to use the terms and in a way prescribed in this part: "pharmacy",
"pharmacist", "Pharm.D", "doctor of pharmacy", "pharmacy intern",
"pharmacy technician", "licensed pharmacy technician", "certified pharmacy technician", "CPhT", "apothecary", "dispensary", "drugstore", "druggist", "medicine store", "prescriptions", and "r.ph.".
<<Sec. 17748. (1) To do business in this state, a pharmacy,
manufacturer, or wholesale distributor, whether or not located in
this state, must be licensed under this part. To do business in this state, a person that provides compounding services must be licensed as
a pharmacy or manufacturer under this part and, if a pharmacy,
authorized to provide compounding services under this section and
sections 17748a and 17748b. To do business in this state, an
outsourcing facility must be licensed as a pharmacy under this part.
Licenses are renewable biennially.
(2) A pharmacy shall designate a pharmacist licensed in this
state as the pharmacist in charge for the
pharmacy. A Except as
otherwise provided in this
subsection, a manufacturer or
wholesale
distributor shall designate a pharmacist licensed in
or outside of
this state as the pharmacist in charge for
the manufacturer. or
Except as otherwise provided in this subsection, a wholesale
distributor shall designate a pharmacist licensed in or outside of
this state as the pharmacist in charge for the wholesale
distributor or shall designate an employee with the appropriate
education or experience, or both, to assume responsibility for
compliance with licensing requirements as facility manager for the
wholesale distributor. The pharmacy, manufacturer, or wholesale
distributor and the individual designated as the PIC or facility
manager under this subsection are jointly responsible for the
pharmacy's, manufacturer's, or wholesale distributor's compliance
with this part and rules promulgated under this part. A person that
is a manufacturer or wholesale distributor with respect to a device
salable on prescription only but not with respect to any drug
salable on prescription only is exempt from this subsection.
(3) Subject to this subsection, a pharmacist may be designated
as the PIC for more than 1 pharmacy. A PIC described in this
subsection shall work an average of at least 8 hours per week at
each pharmacy for which he or she is the PIC. The pharmacy and the
PIC shall maintain appropriate records and demonstrate compliance
with this subsection upon the request of the board or its designee.
(4) A pharmacy, manufacturer, or wholesale distributor shall
report to the department a change in ownership, management,
location, or its PIC or facility manager designated PIC under
subsection (2) not later than 30 days after the change occurs.
(5) A
pharmacist in charge designated as the PIC for a
pharmacy shall supervise the practice of pharmacy for the pharmacy.
in which he or she has been designated the
PIC. The duties of the
PIC include, but are not limited to, the following:
(a) Supervision of all activities of pharmacy employees as
they relate to the practice of pharmacy including the purchasing,
storage, compounding, repackaging, dispensing, and distribution of
drugs and devices to ensure that those activities are performed in
compliance with this part and the rules promulgated under this
part.
(b) Enforcement and oversight of policies and procedures
applicable to the employees of the pharmacy for the procurement,
storage, compounding, and dispensing of drugs and the communication
of information to the patient in relation to drug therapy.
(c) Establishment and supervision of the method and manner for
storage and safekeeping of pharmaceuticals, including maintenance
of security provisions to be used when the pharmacy is closed.
(d) Establishment and supervision of the record-keeping system
for the purchase, sale, delivery, possession, storage, and
safekeeping of drugs and devices.
(e) Establishment of policies and procedures for individuals
who are delegated responsibilities for any of the tasks described
in this subsection by the PIC.
(6) Except as otherwise provided in this subsection, an
applicant for a new pharmacy, manufacturer, or wholesale
distributor license under this part who is not a health
professional licensed or otherwise authorized to engage in a health
profession under this article or who is a health professional but
was licensed or otherwise authorized to engage in his or her health
profession under this article before October 1, 2008 shall submit
fingerprints in the same manner as required in section 16174 for
the purpose of a criminal history check. The board, department, and
department of state police shall comply with section 16174 for the
purpose of a criminal history check on an applicant described in
this subsection. This subsection does not apply if a criminal
history check that meets the requirements
of section 16174 has been
was obtained for the applicant within the 2 years preceding the
date of the application. To qualify for the exception under this
subsection, the applicant shall submit proof of the previous
criminal history check with his or her application for a new
pharmacy, manufacturer, or wholesale distributor license under this
part. If the department or board determines that the criminal
history check does not meet the requirements of section 16174 or
was not obtained within the time period prescribed, the applicant
shall comply with this subsection.submit fingerprints in the same
manner as required in section 16174.
(7) If, as authorized or required under this article, the
department inspects or investigates an applicant for a new pharmacy
license for a pharmacy that will provide compounding services or a
compounding pharmacy, which and the applicant or compounding
pharmacy is located outside of this state, the applicant or
compounding pharmacy shall reimburse the department for its
expenses incurred in carrying out its authority or duty to inspect
or investigate the applicant or licensee under this article.
Sec. 17768. (1) In a manner consistent with part 161, the
disciplinary subcommittee may fine, reprimand, or place on
probation
, a person licensed under this part, or may deny, limit,
suspend, or revoke a person's license, or may order restitution or
community service for a violation of this part or rules promulgated
under this part.
(2) In addition to the grounds set forth in subsection (1),
and in a manner consistent with part 161, the board may fine,
reprimand, or place on probation a person licensed under this part,
or may deny, limit, suspend, or revoke a license issued under this
part, or may order restitution or community service if the board
finds that any of the following categories
apply to an applicant;
or a partner, officer, or member of the board of directors of
a
pharmacy, manufacturer, or wholesale distributor licensed under
this part; or a stockholder of a pharmacy, manufacturer, or
wholesale distributor which that
is a privately held corporation
licensed under this part; or a facility manager for a wholesale
distributor designated under section 17748(2):
(a) The applicant or other person described in this subsection
lacks good moral character.
(b) Subject to subsection (3), the applicant or other person
described in this subsection has been convicted of a misdemeanor or
a felony under a state or federal law relating to a controlled
substance or the practice of pharmacy.
(c) The applicant or other person described in this subsection
has furnished false or fraudulent material information or has
knowingly omitted material information in an application filed
under this part.
(d) The applicant or other person described in this subsection
has previously maintained a
financial interest in a pharmacy,
manufacturer, or wholesale distributor which
that has been denied a license or federal
registration, has had its license or federal registration limited, suspended,
or revoked, or has been subject to any other criminal, civil,
or administrative penalty.
(e) The applicant or other person described in this subsection
is not in compliance with article 7 or article 8 or the rules
promulgated under article 7 or article 8.
(f) The applicant or other person described in this subsection
has violated section 17748.
(3) Except for a conviction for a misdemeanor under section
7404(2)(d) or a local ordinance that is substantially similar to
section 7404(2)(d), the reference to a misdemeanor in subsection
(2)(b) applies only to a conviction for a misdemeanor that is
directly related to the manufacture, delivery, possession,
possession with intent to manufacture or deliver, use,
distribution, prescription, or dispensing of a controlled
substance. Subsection (2)(b) does not apply to a conviction for a
misdemeanor based upon an unintentional error or omission involving
a clerical or record-keeping function.
Sec. 20920. (1) A person shall not establish, operate, or cause
to be operated an ambulance operation unless the ambulance operation is
licensed under this section.
(2) Upon proper application and payment of a $100.00 fee, the
department shall issue a license as an ambulance operation to a person
who meets the requirements of this part and the rules promulgated
under this part.
(3) An applicant shall specify in the application each ambulance
to be operated.
(4) An ambulance operation license shall specify the ambulances
licensed to be operated.
(5) An ambulance operation license shall state the highest
level of life support the ambulance operation is licensed to provide.
An ambulance operation shall operate in accordance with this part,
rules promulgated under this part, and approved medical control
authority protocols and, except as provided in section 20921a(2),
shall not provide life support at a level that exceeds its license and
available licensed personnel or violates approved medical control
authority protocols.
(6) An ambulance operation license may be renewed annually upon
application to the department and payment of a $100.00 renewal fee.
Before issuing a renewal license, the department shall determine that
the ambulance operation is in compliance with this part, the rules
promulgated under this part, and medical control authority protocols.
(7) Beginning on July 22, 1997, an ambulance operation that meets
all of the following requirements may apply for an ambulance operation
upgrade license under subsection (8):
(a) On or before July 22, 1997, holds an ambulance operation
license that designates the ambulance operation either as a transporting
basic life support service or as a transporting limited advanced life
support service.
(b) Is a transporting basic life support service, that is able to
staff and equip 1 or more ambulances for the transport of emergency
patients at a life support level higher than basic life support, or
is a transporting limited advanced life support service, that is able
to staff and equip 1 or more ambulances for the transport of emergency
patients at the life support level of advanced life support.
(c) Is owned or operated by or under contract to a local unit of
government and providing first-line emergency medical response to that
local unit of government on or before July 22, 1997.
(d) Will provide the services described in subdivision (b) only
to the local unit of government described in subdivision (c), and only
in response to a 911 call or other call for emergency transport.
(8) An ambulance operation meeting the requirements of subsection
(7) that applies for an ambulance operation upgrade license shall
include all of the following information in the application provided by
the department:
(a) Verification of all of the requirements of subsection (7)
including, but not limited to, a description of the staffing and
equipment to be used in providing the higher level of life support
services.
(b) If the applicant is a transporting basic life support service,
a plan of action to upgrade from providing basic life support to
providing limited advanced life support or advanced life support
to take place over a period of not more than 2 years. If the applicant
is a transporting limited advanced life support service, a plan of
action to upgrade from providing limited advanced life support to
providing advanced life support to take place over a period of not
more than 2 years.
(c) The medical control authority protocols for the ambulance
operation upgrade license, along with a recommendation from the medical
control authority under which the ambulance operation operates that the
ambulance operation upgrade license be issued by the department.
(d) Other information required by the department.
(9) The statewide emergency medical services coordination committee
shall review the information described in subsection (8)(c) and make a
recommendation to the department as to whether or not an ambulance
operation upgrade license should be granted to the applicant.
(10) Upon receipt of a completed application as required under
subsection (8), a positive recommendation under subsection (9), and
payment of a $100.00 fee, the department shall issue to the applicant
an ambulance operation upgrade license. Subject to subsection (12),
the license is valid for 2 years from the date of issuance and is
renewable for 1 additional 2-year period. An application for renewal
of an ambulance operation upgrade license shall contain documentation
of the progress made on the plan of action described in subsection
(8)(b). In addition, the medical control authority under which the
ambulance operation operates shall annually file with the statewide
emergency medical services coordination committee a written report on
the progress made by the ambulance operation on the plan of action
described in subsection (8)(b), including, but not limited to,
information on training, equipment, and personnel.
(11) If an ambulance operation is designated by its regular
license as providing basic life support services, then an ambulance
operation upgrade license issued under this section allows the
ambulance operation to provide limited advanced life support services
or advanced life support services when the ambulance operation is able
to staff and equip 1 or more ambulances to provide services at the
higher levels. If an ambulance operation is designated by its regular
license as providing limited advanced life support services, then
an ambulance operation upgrade license issued under this section
allows the ambulance operation to provide advanced life support
services when the ambulance operation is able to staff and equip 1
or more ambulances to provide services at the higher level. An
ambulance operation shall not provide services under an ambulance
operation upgrade license unless the medical control authority under
which the ambulance operation operates has adopted protocols for the
ambulance operation upgrade license regarding quality monitoring
procedures, use and protection of equipment, and patient care.
(12) The department may revoke or fail to renew an ambulance
operation upgrade license for a violation of this part or a rule
promulgated under this part or for failure to comply with the plan
of action filed under subsection (8)(b). An ambulance operation that
obtains an ambulance operation upgrade license must annually renew
its regular license under subsections (2) to (6). An ambulance
operation's regular license is not affected by the following:
(a) The fact that the ambulance operation has obtained or
renewed an ambulance operation upgrade license.
(b) The fact that an ambulance operation's ambulance operation
upgrade license is revoked or is not renewed under this subsection.
(c) The fact that the ambulance operation's ambulance operation
upgrade license expires at the end of the second 2-year period
prescribed by subsection (10).
(13) By July 22, 2000, the department
shall file a written report
to the legislature. The department shall
include all of the following
information in the report:
(a) The number of ambulance
operations that were qualified under
subsection (7) to apply for an ambulance
operation upgrade license under
subsection (8) during the 3-year period.
(b) The number of ambulance
operations that in fact applied for an
ambulance operation upgrade license during
the 3-year period.
(c) The number of ambulance
operations that successfully upgraded
from being a transporting basic life
support service to a transporting
limited advanced service or a transporting
advanced life support service
or that successfully upgraded from being a
transporting limited advanced
life support service to a transporting
advanced life support service
under an ambulance operation upgrade
license.
(d)
The number of
ambulance operations that failed to successfully
upgrade, as described in subdivision (c),
under an ambulance operation
upgrade license, but that improved their
services during the 3-year
period.
(e)
The number of
ambulance operations that failed to successfully
upgrade, as described in subdivision (c),
under an ambulance operation
upgrade license, and that showed no
improvement or a decline in their
services.
(f)
The effect of
the amendatory act that added this subsection on
the delivery of emergency medical services
in this state.
Sec. 20921. (1) An ambulance operation shall do all of the
following:
(a)
Provide Except
as provided in section 20921a, provide at
least 1 ambulance available for response to requests for emergency
assistance on a 24-hour-a-day, 7-day-a-week basis in accordance with
local medical
control authority protocols.
(b) Respond or ensure that a response is provided to each
request for emergency assistance originating from within the bounds
of its service area.
(c) Operate under the direction of a medical control authority
or the medical control authorities with jurisdiction over the ambulance
operation.
(d) Notify the department immediately of a change that would
alter the information contained on its application for an ambulance
operation
license or renewal.
(e) Subject to section 20920(7) to (12) and section 20921a,
provide life support consistent with its license and approved local
medical control authority protocols to each emergency patient without
prior inquiry into ability to pay or source of payment.
(2) An ambulance operation shall not
do 1 or more any of the
following:
(a) Knowingly provide a person with false or misleading
information concerning the time at which an emergency response will be
initiated or the location from which the response is being initiated.
(b) Induce or seek to induce any person engaging an ambulance to
patronize a long-term care facility, mortuary, or hospital.
(c) Advertise, or permit advertising of, within or on the
premises of the ambulance operation or within or on an ambulance, the
name or the services of an attorney, accident investigator, nurse,
physician, long-term care facility, mortuary, or hospital. If 1 of
those persons or facilities owns or operates an ambulance operation,
the person or facility may use its business name in the name of the
ambulance operation and may display the name of the ambulance operation
within or on the premises of the ambulance operation or within or on an
ambulance.
(d) Advertise or disseminate information for the purpose of
obtaining contracts under a name other than the name of the person
holding an ambulance operation license or the trade or assumed name of
the ambulance operation.
(e) If the ambulance operation is operating under an ambulance
operation upgrade license issued under section 20920(7) to (12),
advertise or otherwise hold itself out as a full-time transporting
limited advanced life support service or a full-time transporting
advanced life support service unless the ambulance operation
actually provides those services on a 24-hour-per-day, 7-day-a-week
basis.
(3) Except as provided in subsection (4) and section 20921a,
an ambulance operation shall not operate, attend, or permit an
ambulance to be operated while transporting a patient unless the
ambulance is, at a minimum, staffed as follows:
(a) If designated as providing basic life support, with at
least 1 emergency medical technician and 1 medical first responder.
(b) If designated as providing limited advanced life support,
with at least 1 emergency medical technician specialist and 1
emergency medical technician.
(c) If designated as providing advanced life support, with at
least 1 paramedic and 1 emergency medical technician.
(4) An ambulance operation that is licensed to provide advanced
life support and has more than 1 ambulance licensed under its
operation may operate an ambulance licensed to provide basic life
support or limited advanced life support at a higher level of life
support if all of the following are met:
(a) The ambulance operation has at least 1 ambulance under its
operation that is properly staffed and available to provide advanced
life support on a 24-hour-a-day, 7-day-a-week basis.
(b) The licensed personnel required to operate at that higher
level of life support are available at the scene and in the ambulance
during the patient transport to provide life support to that patient
at that higher level.
(c) The ambulance meets all equipment and communication
requirements to operate at that higher level of life support.
(d) The ambulance operation that is unable to respond to a
request for emergency assistance immediately requests assistance
pursuant to protocols established by the local medical control
authority and approved by the department under this part.
(5) Except as provided in subsection (6), an ambulance
operation shall ensure that an emergency medical technician, an
emergency medical technician specialist, or a paramedic is in the
patient compartment of an ambulance while transporting an emergency
patient.
(6) Subsection (5) does not apply to the transportation of a
patient by an ambulance if the patient is accompanied in the patient
compartment of the ambulance by an appropriate licensed health
professional designated by a physician and after a physician-patient
relationship has been established as prescribed in this part or the
rules promulgated by the department under this part.
Sec. 20921a. (1) A limited or advanced ambulance operation whose
primary service area is in a county or micropolitan area with a
population of 10,000 or less and whose primary service area has a
population density of less than 7 people per square mile may have an
ambulance available at less than the limited or advanced level of
licensure if both of the following conditions are met:
(A) The medical control authority under which the ambulance
operation operates authorizes the lesser availability.
(B) The advanced ambulance operation has department–approved
local medical control authority protocols in place.
(2) A basic ambulance operation whose primary service area is
in a county or micropolitan area with a population of 10,000 or less
and whose primary service area has a population density of less than 7
people per square mile may operate at an increased level of licensure
when staffed with an EMT-specialist or EMT-paramedic, if all of the
following conditions are met:
(a) The basic ambulance is equipped at the greater licensure level.
(b) The medical control authority under which the ambulance
operation operates authorizes the conditional increased level of
licensure.
(C) The basic ambulance operation has department–approved local
medical control authority protocols in place.
(3) As used in this section, "micropolitan area" means a
micropolitan statistical area as most recently delineated by the
United States office of management and budget.
Enacting section 1. Section 20921a of the public health code,
1978 PA 368, MCL 333.20921a, is repealed effective January 1, 2018.>>
Enacting section <<2>>. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section <<3>>. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) House Bill No. 5839.
(b) House Bill No. 5840.
(c) House Bill No. 5841.