Bill Text: MI SB1174 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health facilities; other; reciprocity for certified nurse aides registered in other states; provide for. Amends sec. 20104 of 1978 PA 368 (MCL 333.20104) & adds sec. 20174.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-11-10 - Referred To Committee On Health Policy [SB1174 Detail]

Download: Michigan-2015-SB1174-Introduced.html

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SENATE BILL No. 1174

 

 

November 10, 2016, Introduced by Senator HOPGOOD and referred to the Committee on Health Policy.

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20104 (MCL 333.20104), as amended by 2015 PA

 

155, and by adding section 20174.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20104. (1) "Certification" Except as otherwise provided

 

in section 20174, "certification" means the issuance of a document

 

by the department to a health facility or agency attesting to the

 

fact that the health 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) "Consumer" means a person who is not a health care

provider as defined in section 300jj of title 15 of the public

 

health service act, 42 USC 300jj.

 

     (3) "County medical care facility" means a nursing care

 

facility, other than a hospital long-term care unit, that provides

 

organized nursing care and medical treatment to 7 or more unrelated

 

individuals who are suffering or recovering from illness, injury,

 

or infirmity and that is owned by a county or counties.

 

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

 

regulatory affairs.

 

     (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) "Director" means the director of the department.

 

     (7) "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. Freestanding surgical outpatient facility

 

does not include a surgical outpatient facility owned by and

 

operated as part of a hospital.

 

     (8) "Good moral character" means that term as defined in

 

section 1 of 1974 PA 381, MCL 338.41.

 

     Sec. 20174. (1) The department shall administer a nurse aide

 

training and certification program in this state in conformance

 

with 42 USC 1396r and 42 CFR parts 483 and 488.

     (2) Subject to this section, the department shall promulgate

 

and enforce rules to implement this section. The rules shall

 

establish the standards and requirements for the program. The rules

 

may establish which health facilities or agencies, in addition to

 

skilled nursing facilities, may employ a certified nurse aide for

 

purposes of the program. The rules may also establish standards,

 

procedures, eligibility requirements to renew certification, fees

 

to support the expansion of the program to certified nurse aides

 

working in other health facilities or agencies, competency

 

requirements, testing requirements for certification, and training

 

requirements for continued certification.

 

     (3) Rules promulgated under this section that are applicable

 

to health facilities or agencies shall be uniform insofar as is

 

reasonable.

 

     (4) The department may issue a certificate to an applicant who

 

is a nurse aide who is certified in another state if the applicant

 

meets all of the following requirements:

 

     (a) The applicant passes a nurse aide training program that is

 

approved by the department.

 

     (b) The applicant passes a competency examination that is

 

approved by the department.

 

     (c) The applicant's status as a certified nurse aide in the

 

other state is in good standing, as verified by that state's

 

certified nurse aide registry.

 

     (5) The certification of an individual while in active service

 

in the military service of the United States, an auxiliary branch

 

of the military service of the United States, or the United States

Public Health Service, who was certified at the time of induction

 

or entering into the service, continues in effect without further

 

action by the individual until discharge or leaving the service as

 

long as the individual remains in compliance with 42 USC

 

1396r(b)(5)(D).

 

     (6) As used in this section:

 

     (a) "Certificate" means a document issued as evidence of

 

certification.

 

     (b) "Certification" means the authorization granted by the

 

department under the program to practice as a certified nurse aide.

 

     (c) "Certified nurse aide" means an individual who is

 

certified under the program to provide nursing or nursing-related

 

services to residents of a skilled-nursing facility, or, subject to

 

subsection (2), residents of a health facility or agency, and who

 

is not a health professional licensed under article 15, a

 

registered dietitian, or someone who volunteers to provide nursing

 

or nursing-related services without pay.

 

     (d) "Program" means the nurse aide training and certification

 

program described in subsection (1).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.