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.

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.