HB-4792, As Passed House, January 27, 2016

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4792

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 16171 (MCL 333.16171), as amended by 1985 PA

 

82.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16171. Under the circumstances and subject to the

 

limitations stated in each case, the following individuals are not

 

required to have a license issued under this article for practice

 

of a health profession in this state:

 

     (a) A student who is in a health profession training program,

 

which that has been approved by the appropriate board, while

 

performing the duties assigned in the course of training.

 

     (b) An individual who is practicing a health profession in the

 

discharge of official duties while in the military service of the

 


United States, the United States public health service, Public

 

Health Service, the United States department of agriculture,

 

Department of Agriculture, or the United States veterans

 

administration. Department of Veterans Affairs. The institution in

 

which the individual practices shall report the name and address of

 

the individual to the appropriate board within 30 days after the

 

date of employment.

 

     (c) An individual who by education, training, or experience

 

substantially meets the requirements of this article for licensure

 

while rendering medical care in a time of disaster or to an ill or

 

injured individual at the scene of an emergency.

 

     (d) An individual who provides nonmedical nursing or similar

 

services in the care of the ill or suffering or an individual who

 

in good faith ministers to the ill or suffering by spiritual means

 

alone, through prayer, in the exercise of a religious freedom, and

 

who does not hold himself or herself out to be a health

 

professional.

 

     (e) An individual residing who resides in another state or

 

country and is authorized to practice a health profession in that

 

state or country who, in an exceptional circumstance, is called in

 

for consultation or treatment by a health professional in this

 

state.

 

     (f) An individual residing who resides in another state or

 

country and is authorized to practice a health profession in that

 

state or country, when attending meetings or conducting lectures,

 

seminars, or demonstrations under the auspices of professional

 

associations or training institutions in this state, if the

 


individual does not maintain an office or designate a place to meet

 

patients or receive calls in this state.

 

     (g) An individual who is authorized in another country to

 

practice a health profession and who is employed by the United

 

States public health service Public Health Service or the

 

government of another country for the exclusive use of members of

 

its merchant marine and members of its consular and diplomatic

 

corps, while caring for those members in the performance of his or

 

her official duties.

 

     (h) An individual residing who resides adjacent to the land

 

border between this state and an adjoining state who and is

 

authorized under the laws of that state to practice a health

 

profession and whose practice may extend into this state, but who

 

does not maintain an office or designate a place to meet patients

 

or receive calls in this state.

 

     (i) An individual who is authorized to practice a health

 

profession in another state or territory of the United States who

 

has been and who is appointed by the United States olympic

 

committee Olympic Committee to provide health services exclusively

 

to team personnel and athletes registered to train and compete at a

 

training site in this state approved by the United States olympic

 

committee Olympic Committee or at an event conducted under the

 

sanction of the United States olympic committee. The Olympic

 

Committee. An exemption granted by under this subdivision shall

 

apply applies to the individual while he or she is performing the

 

duties assigned in the course of the sanctioned training program or

 

event and for the time period specified by the United States

 


House Bill No. 4792 as amended January 27, 2016

olympic committee.Olympic Committee.

 

     (j) An individual who is currently authorized to practice a

 

health profession in another state and is providing health services

 

for an athletic team, if all of the following are met:

 

     (i) The individual provides only those health services he or

 

she would be permitted to provide if he or she were authorized

 

under this article to engage in that health profession in this

 

state.

 

     [(ii) The athletic team is from the same state that authorized the

 

individual to practice the health profession.]

 

     (iii) The individual provides the health services under the

 

terms of a written agreement with the athletic team.

 

     (iv) The individual only provides the health services while

 

the athletic team is traveling to or from or participating in a

 

sporting event in this state and only to any of the following:

 

     (A) A member of the athletic team.

 

     (B) A member of the athletic team's coaching, communications,

 

equipment, or sports medicine staff.

 

     (C) A member of a band or cheerleading squad that is

 

accompanying the athletic team.

 

     (D) The athletic team's mascot.

 

     (v) The individual does not provide health services at a

 

health care facility or agency, as defined in section 20106,

 

located in this state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.