Bill Text: MI HB6553 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health facilities; emergency medical services; notice of intent to deny, revoke, or suspend emergency medical service personnel license; modify procedure. Amends sec. 20958 of 1978 PA 368 (MCL 333.20958).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-11-10 - Referred To Second Reading [HB6553 Detail]
Download: Michigan-2009-HB6553-Introduced.html
HOUSE BILL No. 6553
November 9, 2010, Introduced by Rep. Corriveau and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 20958 (MCL 333.20958), as amended by 2000 PA
375.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20958. (1) The department may deny, revoke, or suspend an
emergency medical services personnel license upon finding that an
applicant or licensee meets 1 or more of the following:
(a) Is guilty of fraud or deceit in procuring or attempting to
procure licensure.
(b) Has illegally obtained, possessed, used, or distributed
drugs.
(c) Has practiced after his or her license has expired or has
been suspended.
(d) Has knowingly violated, or aided or abetted others in the
violation of, this part or rules promulgated under this part.
(e) Is not performing in a manner consistent with his or her
education, licensure, or approved medical control authority
protocols.
(f) Is physically or mentally incapable of performing his or
her prescribed duties.
(g) Has been convicted of a criminal offense under sections
520a to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a
to 750.520l. A certified copy of the court record is conclusive
evidence of the conviction.
(h) Has been convicted of a misdemeanor or felony reasonably
related to and adversely affecting the ability to practice in a
safe and competent manner. A certified copy of the court record is
conclusive evidence of the conviction.
(2) The department shall provide notice of intent to deny,
revoke,
or suspend an emergency services personnel license and
opportunity
for a hearing according to section 20166 by certified
mail or personal service. The notice of intent shall set forth the
particular reasons for the proposed action and shall advise the
applicant or licensee that he or she is entitled to the opportunity
for a hearing before the director or the director's authorized
representative. If the person to whom the notice is sent does not
make a written request to the department for a hearing within 30
days of receiving the notice, the license is considered denied,
revoked, or suspended as stated in the notice. If requested, the
hearing shall be conducted pursuant to the administrative
procedures act of 1969 and rules promulgated by the department. A
full and complete record shall be kept of the proceeding and shall
be transcribed when requested by an interested party, who shall pay
the cost of preparing the transcript. On the basis of a hearing or
on the default of the applicant or licensee, the department may
issue, deny, suspend, or revoke a license.
(3) The department may establish procedures, hold hearings,
administer oaths, issue subpoenas, or order testimony to be taken
at a hearing or by deposition in a proceeding pending at any stage
of the proceeding. A person may be compelled to appear and testify
and to produce books, papers, or documents in a proceeding.
(4) In case of disobedience of a subpoena, a party to a
hearing may invoke the aid of the circuit court of the jurisdiction
in which the hearing is held to require the attendance and
testimony of witnesses. The circuit court may issue an order
requiring an individual to appear and give testimony. Failure to
obey the order of the circuit court may be punished by the court as
a contempt.
