HOUSE BILL No. 4491

 

 

April 23, 2019, Introduced by Reps. Griffin, Iden, Warren, LaGrand, Leutheuser, Chirkun, Gay-Dagnogo and Sowerby and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 16104 and 21755 (MCL 333.16104 and 333.21755),

 

section 16104 as amended by 2011 PA 210.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16104. (1) "DEA registration number" means the number

 

associated with a certificate of registration issued to a

 

practitioner to prescribe, dispense, or administer controlled

 

substances by the United States department Department of justice

 

drug enforcement administration.Justice Drug Enforcement

 

Administration.

 

     (2) "Delegation" means an authorization granted by a licensee

 

to a licensed or unlicensed individual to perform selected acts,

 

tasks, or functions that fall within the scope of practice of the

 

delegator and that are not within the scope of practice of the

delegatee and that, in the absence of the authorization, would

 

constitute illegal practice of a licensed profession.

 

     (3) "Department" means the department of licensing and

 

regulatory affairs.

 

     (4) "Director" means the director of the department or the

 

director's designee.

 

     (5) "Disciplinary subcommittee" means a disciplinary

 

subcommittee appointed under section 16216.

 

     (6) "Good moral character" means good moral character as

 

defined in, and determined under, 1974 PA 381, MCL 338.41 to

 

338.47.

 

     Sec. 21755. The department may refuse to issue a license to

 

establish or maintain and operate, or both, a nursing home to an

 

applicant if any of the following are met:

 

     (a) Whose An occupational, professional, or health agency

 

license has been held by the applicant was revoked during the 5

 

years preceding before the date of application.

 

     (b) Whom the The department finds that the applicant is not

 

suitable to operate a nursing home because of financial incapacity

 

or a lack of good moral character or appropriate business or

 

professional experience. As used in this subdivision, "good moral

 

character" means that term as defined in Act No. 381 of the Public

 

Acts of 1974, as amended, being sections 338.41 to 338.47 of the

 

Michigan Compiled Laws.good moral character as defined in, and

 

determined under, 1974 PA 381, MCL 338.41 to 338.47.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4488 (request no.

 

00446'19) of the 100th Legislature is enacted into law.