Bill Text: MI SB1102 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Human services; other; applicants for home for the aged licensing; require to comply with same standards as their employees. Amends secs. 20102, 20104 & 21313 of 1978 PA 368 (MCL 333.20102 et seq.). TIE BAR WITH: SB 1101'10
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Passed) 2010-12-29 - Assigned Pa 0381'10 With Immediate Effect [SB1102 Detail]
Download: Michigan-2009-SB1102-Engrossed.html
SB-1102, As Passed Senate, April 20, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1102
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 20102, 20104, and 21313 (MCL 333.20102,
333.20104, and 333.21313), section 20102 as amended by 1990 PA 179.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20102. (1) "Advisory commission" means the health
facilities and agencies advisory commission created in section
20121.
(2) "Aircraft transport operation" means that term as defined
in section 20902.
(3) "Ambulance operation" means that term as defined in
section 20902.
(4) "Attending physician" means the physician selected by, or
assigned to, the patient and who has primary responsibility for the
treatment and care of the patient.
(5) "Authorized representative" means the individual
designated in writing by the board of directors of the corporation
or by the owner or person with legal authority to act on behalf of
the company or organization on licensing matters. The authorized
representative who is not an owner or licensee shall not sign the
original license application or amendments to the application.
Sec. 20104. (1) "Certification" means the issuance of a
document by the department to a health facility or agency attesting
to the fact that the facility or agency meets both of the
following:
(a) It complies with applicable statutory and regulatory
requirements and standards.
(b) It is eligible to participate as a provider of care and
services in a specific federal or state health program.
(2) "Clinical laboratory" means a facility patronized by, or
at the direction of, a physician, health officer, or other person
authorized by law to obtain information for the diagnosis,
prevention, or treatment of disease or the assessment of a medical
condition by the microbiological, serological, histological,
hematological, immunohematological, biophysical, cytological,
pathological, or biochemical examination of materials derived from
the human body, except as provided in section 20507.
(3) "Consumer" means a person who is not a provider of health
care as defined in section 1531(3) of title 15 of the public health
service
act, 42 U.S.C. USC 300n.
(4) "County medical care facility" means a nursing care
facility, other than a hospital long-term care unit, which provides
organized nursing care and medical treatment to 7 or more unrelated
individuals who are suffering or recovering from illness, injury,
or infirmity and which is owned by a county or counties.
(5) "Direct access" means access to a patient or resident or
to a patient's or resident's property, financial information,
medical records, treatment information, or any other identifying
information.
(6) (5)
"Freestanding surgical
outpatient facility" means a
facility, other than the office of a physician, dentist,
podiatrist, or other private practice office, offering a surgical
procedure and related care that in the opinion of the attending
physician can be safely performed without requiring overnight
inpatient hospital care. It does not include a surgical outpatient
facility owned by and operated as part of a hospital.
(7) "Good moral character" means that term as defined in
section 1 of 1974 PA 381, MCL 338.41.
Sec. 21313. (1) The owner, operator, and governing body of a
home for the aged are responsible for all phases of the operation
of the home and shall assure that the home maintains an organized
program to provide room and board, protection, supervision,
assistance, and supervised personal care for its residents.
(2) The owner, operator, and governing body shall assure the
availability of emergency medical care required by a resident.
(3) The owner, operator, or member of the governing body of a
home for the aged and the authorized representative shall be of
good moral character.
(4) The department shall not issue a license to or renew the
license of an owner, operator, or member of the governing body, who
has regular direct access to residents or who has on-site facility
operational responsibilities, or an applicant, if an individual or
the authorized representative, if any of those individuals have
been convicted of 1 or more of the following:
(a) A felony under this act or under chapter XXA of the
Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
(b) A misdemeanor under this act or under chapter XXA of the
Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r, within
the 10 years immediately preceding the application.
(c) A misdemeanor involving abuse, neglect, assault, battery,
or criminal sexual conduct or involving fraud or theft against a
vulnerable adult as that term is defined in section 145m of the
Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or
federal crime that is substantially similar to a misdemeanor
described in this subdivision within the 10 years immediately
preceding the application.
(5) The applicant for a license for a home for the aged, if an
individual, shall give written consent at the time of license
application for the department of state police to conduct a
criminal history check and criminal records check. The authorized
representative shall give written consent at the time of
appointment for the department of state police to conduct a
criminal history check and criminal records check.
(6) An owner, operator, or member of the governing body who
has regular direct access to residents or who has on-site facility
operational responsibilities for a home for the aged shall give
written consent at the time of license application for the
department of state police to conduct a criminal history check and
criminal records check.
(7) Not later than 1 year after the effective date of the 2010
amendatory act that added this subsection, all owners, operators,
and members of the governing body of homes for the aged who have
regular direct access to residents or who have on-site facility
operational responsibilities and all authorized representatives
shall comply with the requirements of this section.
(8) The department of human services shall request a criminal
history check and criminal records check in the manner prescribed
by the department of state police. The department of state police
shall conduct the criminal history check and provide a report of
the results to the licensing or regulatory bureau of the department
of human services. The report shall contain any criminal history
information on the person maintained by the department of state
police and the results of the criminal records check from the
federal bureau of investigation. The department of state police may
charge the person on whom the criminal history check and criminal
records check are performed under this section a fee for the checks
required under this section that does not exceed the actual cost
and reasonable cost of conducting the checks.
(9) The department of state police shall store and maintain
all fingerprints submitted under this act in an automated
fingerprint identification system database that provides for an
automatic notification at the time a subsequent criminal arrest
fingerprint card submitted into the system matches a set of
fingerprints previously submitted in accordance with this act. At
the time of that notification, the department of state police shall
immediately notify the department of human services. The department
of human services shall take the appropriate action upon
notification by the department of state police under this
subsection.
(10) An applicant, owner, operator, member of a governing
body, or authorized representative of a home for the aged shall not
be present in a home for the aged if he or she has been convicted
of either of the following:
(a) Vulnerable adult abuse, neglect, or financial
exploitation.
(b) A listed offense as defined in section 2 of the sex
offenders registration act, 1994 PA 295, MCL 28.722.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1101 of the 95th Legislature is enacted into
law.
