HOUSE BILL No. 4416
March 5, 1997, Introduced by Reps. Hale, Palamara, Cherry, Varga, Kilpatrick, Schauer, Thomas, Quarles, Curtis, Griffin, Mans, Rison, Murphy, Dobronski, Baade, Olshove, Harder, Baird, Vaughn, Parks, Hanley, Hood, Agee, Prusi, Kelly, Gire, Leland, Martinez, Bogardus, Goschka, Mathieu, Brater, Schermesser, Wojno, Frank, Brewer, Schroer, Profit, Tesanovich and
Price and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16131 and 16263, (MCL 333.16131 and
333.16263), as amended by 1995 PA 126, and by adding section
16348 and part 185.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 16131. The terms of office of individual members of
2 the boards and task forces, except those appointed to fill vacan-
3 cies, shall expire 4 years after appointment as follows:
4 Nursing June 30
5 Optometry June 30
6 Pharmacy June 30
7 Podiatric medicine and surgery June 30
8 Dentistry June 30
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1 Chiropractic December 31
2 Counseling June 30
3 LABORATORY TESTING DECEMBER 31
4 Marriage and family therapy June 30
5 Medicine December 31
6 Occupational therapists December 31
7 Osteopathic medicine and surgery December 31
8 Physical therapy December 31
9 Psychology December 31
10 Sanitarians December 31
11 Veterinary medicine December 31
12 Sec. 16263. (1) Except as provided in subsection (2), the
13 following words, titles, or letters or a combination thereof,
14 with or without qualifying words or phrases, are restricted in
15 use only to those persons authorized under this article to use
16 the terms and in a way prescribed in this article:
17 (a) "Chiropractic", "doctor of chiropractic",
18 "chiropractor", "d.c.", and "chiropractic physician".
19 (b) "Dentist", "doctor of dental surgery", "oral and maxil-
20 lofacial surgeon", "orthodontist", "prosthodontist",
21 "periodontist", "endodontist", "oral pathologist", "pediatric
22 dentist", "dental hygienist", "registered dental hygienist",
23 "dental assistant", "registered dental assistant", "R.D.A.",
24 "d.d.s.", "d.m.d.", and "r.d.h.".
25 (c) "Doctor of medicine" and "m.d.".
26 (d) "Physician's assistant" and "p.a.".
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1 (e) "Registered professional nurse", "registered nurse",
2 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",
3 "nurse anesthetist", "nurse practitioner", "trained attendant",
4 and "t.a.".
5 (f) "Doctor of optometry", "optometrist", and "o.d.".
6 (g) "Osteopath", "osteopathy", "osteopathic practitioner",
7 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.".
8 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore",
9 "druggist", "medicine store", "prescriptions", and "r.ph.".
10 (i) "Physical therapy", "physical therapist",
11 "physiotherapist", "registered physical therapist", "licensed
12 physical therapist", "physical therapy technician", "p.t.",
13 "r.p.t.", "l.p.t.", and "p.t.t.".
14 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry",
15 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot
16 specialist", "podiatric physician and surgeon", and "d.p.m.".
17 (k) "Consulting psychologist", "psychologist",
18 "psychological assistant", and "psychological examiner",
19 "licensed psychologist", and "limited licensed psychologist".
20 (l) "Licensed professional counselor", "licensed counselor",
21 "professional counselor", and "l.p.c.".
22 (m) "Sanitarian", "registered sanitarian", and "r.s.".
23 (n) "Veterinary", "veterinarian", "veterinary doctor",
24 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",
25 "d.v.m.", "animal technician", or "animal technologist".
26 (o) "Occupational therapist", "occupational therapist
27 registered", "certified occupational therapist", "o.t.",
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1 "o.t.r.", "c.o.t.", "certified occupational therapy assistant",
2 "occupational therapy assistant", or "c.o.t.a.".
3 (p) "Marriage advisor" or "marriage consultant"; "family
4 counselor", "family advisor", "family therapist", or "family
5 consultant"; "family guidance counselor", "family guidance
6 advisor", or "family guidance consultant"; "marriage guidance
7 counselor", "marriage guidance advisor", or "marriage guidance
8 consultant"; "family relations counselor"; "marriage relations
9 counselor", "marriage relations advisor", or "marriage relations
10 consultant"; "marital counselor" or "marital therapist"; "limited
11 licensed marriage and family therapist" or "limited licensed mar-
12 riage counselor"; "licensed marriage and family therapist" or
13 "licensed marriage counselor"; and "l.m.f.t.".
14 (Q) "LABORATORY SCIENTIST", "LICENSED LABORATORY SCIENTIST",
15 "LABORATORY TECHNICIAN", "LICENSED LABORATORY TECHNICIAN",
16 "LABORATORY PRACTITIONER", "LICENSED LABORATORY PRACTITIONER",
17 "L.S.", "L.T.", OR "L.P.".
18 (2) Notwithstanding section 16261, a person who was spe-
19 cially trained at an institution of higher education in this
20 state to assist a physician in the field of orthopedics and upon
21 completion of training, received a 2-year associate of science
22 degree as an orthopedic physician's assistant before January 1,
23 1977, may use the title "orthopedic physician's assistant"
24 whether or not the person is licensed under this article.
25 SEC. 16348. FEES FOR A PERSON LICENSED OR SEEKING LICENSURE
26 TO ENGAGE IN THE PRACTICE OF LABORATORY TESTING AT THE LABORATORY
27 PRACTITIONER LEVEL, THE PRACTICE OF LABORATORY TESTING AT THE
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1 LABORATORY TECHNICIAN LEVEL, OR THE PRACTICE OF LABORATORY
2 TESTING AT THE LABORATORY SCIENTIST LEVEL UNDER PART 185 ARE AS
3 FOLLOWS:
4 (A) APPLICATION PROCESSING FEE.......... $ 20.00
5 (B) LICENSE FEE, PER YEAR:
6 (i) LABORATORY PRACTITIONER............. $ 10.00
7 (ii) LABORATORY TECHNICIAN.............. $ 20.00
8 (iii) LABORATORY SCIENTIST.............. $ 20.00
9 (C) TEMPORARY LICENSE................... $ 10.00
10 (D) LIMITED LICENSE, PER YEAR........... $ 20.00
11 PART 185. LABORATORY TESTING PERSONNEL
12 SEC. 18501. (1) AS USED IN THIS PART:
13 (A) "ACCREDITED EDUCATIONAL PROGRAM" MEANS A PROGRAM THAT
14 PROVIDES INSTRUCTION AND EXPERIENCE IN LABORATORY TESTING AND
15 THAT HAS BEEN ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED BY
16 THE UNITED STATES DEPARTMENT OF EDUCATION AND APPROVED BY THE
17 DEPARTMENT.
18 (B) "CLIENT" MEANS THE INDIVIDUAL UPON WHOSE BODY, BODY
19 FLUID, OR BODY PART A LABORATORY TEST IS PERFORMED.
20 (C) "LABORATORY" MEANS THE SITE AT WHICH A LABORATORY TEST
21 IS PERFORMED.
22 (D) "LABORATORY DIRECTOR" MEANS THAT TERM AS DEFINED IN
23 SECTION 20501.
24 (E) "LABORATORY PRACTITIONER" MEANS AN INDIVIDUAL WHO IS
25 LICENSED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF LABORA-
26 TORY TESTING AT THE LABORATORY PRACTITIONER LEVEL, SUBJECT TO
27 SECTION 18517.
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1 (F) "LABORATORY TECHNICIAN" MEANS AN INDIVIDUAL WHO IS
2 LICENSED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF LABORA-
3 TORY TESTING AT THE LABORATORY TECHNICIAN LEVEL, SUBJECT TO
4 SECTION 18517.
5 (G) "LABORATORY SCIENTIST" MEANS AN INDIVIDUAL WHO IS
6 LICENSED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF LABORA-
7 TORY TESTING AT THE LABORATORY SCIENTIST LEVEL, SUBJECT TO
8 SECTION 18517.
9 (H) "LABORATORY TEST" MEANS A MICROBIOLOGICAL, SEROLOGICAL,
10 CHEMICAL, HEMATOLOGICAL, RADIOMETRIC, CYTOLOGICAL, BIOPHYSICAL,
11 IMMUNOLOGICAL, HISTOLOGICAL, GENETIC, OR OTHER CLINICAL OR
12 ANATOMIC PATHOLOGICAL EXAMINATION OR PROCEDURE THAT IS PERFORMED
13 ON MATERIAL DERIVED FROM OR EXISTING IN A HUMAN BODY THAT PRO-
14 VIDES INFORMATION FOR THE DIAGNOSIS, PREVENTION, MONITORING, OR
15 TREATMENT OF A DISEASE OR ASSESSMENT OF A MEDICAL CONDITION OR
16 PREDISPOSITION. LABORATORY TEST DOES NOT INCLUDE A WAIVERED
17 TEST, IN VIVO DIAGNOSTIC IMAGING, NONINVASIVE VASCULAR DIAGNOSTIC
18 STUDIES, OR THE COLLECTION, HANDLING, AND PREPARATION OF A BODY
19 FLUID OR MICROBIOLOGY CULTURE SPECIMEN USED FOR A LABORATORY
20 TEST, OR A TEST THE RESULTS OF WHICH ARE USED SOLELY FOR EVIDEN-
21 TIARY PURPOSES IN A CIVIL OR CRIMINAL PROCEEDING.
22 (I) "PERFUSIONIST" MEANS AN INDIVIDUAL WHO OPERATES EXTRA-
23 CORPOREAL CIRCULATION EQUIPMENT FOR A PATIENT WHOSE MEDICAL CON-
24 DITION REQUIRES THE SUPPORT OR TEMPORARY REPLACEMENT OF THE
25 PATIENT'S CARDIOPULMONARY-CIRCULATORY FUNCTION.
26 (J) "POINT-OF-CARE TESTING" MEANS A LABORATORY TEST
27 PERFORMED IN A HOSPITAL OR A FREESTANDING OUTPATIENT SURGICAL
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1 FACILITY LICENSED UNDER ARTICLE 17 THAT MEETS ALL OF THE
2 FOLLOWING CRITERIA, BUT DOES NOT INCLUDE A LABORATORY TEST PER-
3 FORMED IN A LABORATORY DESCRIBED IN SECTION 20507(A), (B), OR
4 (C):
5 (i) IS DESIGNATED BY THE HOSPITAL OR FREESTANDING SURGICAL
6 OUTPATIENT FACILITY AS BEING SO CRITICAL TO A PATIENT'S IMMEDIATE
7 CARE THAT THE LABORATORY TEST MUST BE PERFORMED URGENTLY ON AND
8 NEAR THE PATIENT TO REDUCE TESTING TIME OR TIME TO TREATMENT.
9 (ii) PROVIDES CLINICALLY RELEVANT INFORMATION THAT DIRECTS
10 IMMEDIATE OR URGENT THERAPY.
11 (iii) PRODUCES ACCURATE AND PRECISE DATA IN A SHORT TIME AND
12 MEETS THE APPLICABLE STANDARDS OF QUALITY IN LABORATORY MEDICINE
13 AS DETERMINED BY APPROPRIATE ACCREDITING AGENCIES APPROVED BY THE
14 BOARD.
15 (K) "PRACTICE OF LABORATORY TESTING AT THE LABORATORY PRAC-
16 TITIONER LEVEL" MEANS 1 OR MORE OF THE FOLLOWING:
17 (i) PERFORMING A LABORATORY TEST PURSUANT TO ESTABLISHED
18 PROTOCOLS.
19 (ii) COMPARING PATIENT DATA TO REFERENCE RANGES ESTABLISHED
20 OR APPROVED BY THE LABORATORY DIRECTOR OR A LABORATORY
21 SCIENTIST.
22 (iii) APPLYING ARITHMETIC OR ALGEBRAIC CALCULATIONS ACCORD-
23 ING TO PROTOCOLS.
24 (iv) PERFORMING AUTOMATED TESTS IN A MANNER REQUIRING COM-
25 PLETE RELIANCE ON LABORATORY INSTRUMENTS FOR CALIBRATIONS, CALCU-
26 LATIONS, AND ANALYSES.
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1 (l) "PRACTICE OF LABORATORY TESTING AT THE LABORATORY
2 TECHNICIAN LEVEL" MEANS THE PRACTICE OF LABORATORY TESTING AT THE
3 LABORATORY PRACTITIONER LEVEL AND 1 OR MORE OF THE FOLLOWING:
4 (i) PERFORMING A LABORATORY TEST PURSUANT TO CRITERIA ESTAB-
5 LISHED OR APPROVED BY THE LABORATORY DIRECTOR OR A LABORATORY
6 SCIENTIST.
7 (ii) EVALUATING DATA PURSUANT TO CRITERIA ESTABLISHED OR
8 APPROVED BY THE LABORATORY DIRECTOR OR A LABORATORY SCIENTIST.
9 (iii) ARITHMETICAL, MATHEMATICAL, OR STATISTICAL MANIPULA-
10 TION OF NUMBERS ACCORDING TO PROTOCOL.
11 (iv) IDENTIFYING A DIRECT CAUSE OF IMPROPER TEST PERFORMANCE
12 AND CORRECTING THAT CAUSE ACCORDING TO STRATEGIES ESTABLISHED BY
13 THE LABORATORY DIRECTOR OR A LABORATORY SCIENTIST.
14 (M) "PRACTICE OF LABORATORY TESTING AT THE LABORATORY SCIEN-
15 TIST LEVEL" MEANS THE PRACTICE OF LABORATORY TESTING AT THE LABO-
16 RATORY PRACTITIONER LEVEL, THE PRACTICE OF LABORATORY TESTING AT
17 THE LABORATORY TECHNICIAN LEVEL, AND 1 OR MORE OF THE FOLLOWING:
18 (i) DECISION MAKING THAT EMPLOYS ADVANCED KNOWLEDGE OF
19 PATHOPHYSIOLOGY, CYTOPATHOLOGY LABORATORY METHODS, OR LABORATORY
20 INSTRUMENTATION, AND THAT DOES NOT EMPLOY PREDETERMINED
21 CRITERIA.
22 (ii) ESTABLISHING CRITERIA FOR DECISION MAKING IN LABORATORY
23 TESTING.
24 (iii) VALIDATING LABORATORY TEST DATA.
25 (iv) ESTABLISHING PROCEDURES FOR REPORTING RESULTS.
26 (v) SELECTING APPROPRIATE CALCULATION METHODS IN THE ABSENCE
27 OF ESTABLISHED GUIDELINES.
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1 (vi) WITHOUT PRESET STRATEGIES, IDENTIFYING CAUSES OF
2 IMPROPER TEST PERFORMANCE AND DETERMINING ALTERNATIVE MEANS OF
3 OBTAINING CORRECT TEST PERFORMANCE OR SOLUTIONS TO PROBLEMS CRE-
4 ATED BY INCORRECT TEST PERFORMANCE.
5 (N) "PROTOCOL" MEANS INFORMATION PREPARED OR APPROVED BY THE
6 LABORATORY DIRECTOR OR A LABORATORY SCIENTIST THAT PROVIDES A
7 STEP-BY-STEP DESCRIPTION OF THE MANNER IN WHICH A LABORATORY TEST
8 IS TO BE PERFORMED.
9 (O) "WAIVERED TEST" MEANS A LABORATORY TEST THAT DOES NOT
10 REQUIRE THE PERSON PERFORMING THE LABORATORY TEST TO DO 1 OR MORE
11 OF THE FOLLOWING:
12 (i) RENDER A DECISION.
13 (ii) VALIDATE DATA.
14 (iii) MAKE CALCULATIONS OTHER THAN THE PERFORMANCE OF SIMPLE
15 ARITHMETIC.
16 (iv) CALIBRATE INSTRUMENTS OR EQUIPMENT.
17 (v) MODIFY A SPECIMEN.
18 (2) IN ADDITION TO THE DEFINITIONS IN THIS PART, ARTICLE 1
19 CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION
20 APPLICABLE TO ALL ARTICLES IN THIS CODE AND PART 161 CONTAINS
21 DEFINITIONS APPLICABLE TO THIS PART.
22 SEC. 18503. (1) BEGINNING 1 YEAR AFTER THE EFFECTIVE DATE
23 OF THIS PART, A PERSON SHALL NOT ENGAGE IN LABORATORY TESTING AS
24 DESCRIBED IN SECTION 18501(1)(K), (l), OR (M) UNLESS THAT PERSON
25 IS LICENSED OR OTHERWISE AUTHORIZED BY THIS ARTICLE.
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1 (2) A LICENSED LABORATORY SCIENTIST SHALL ONLY USE THE
2 TITLES "LICENSED LABORATORY SCIENTIST", "LABORATORY SCIENTIST",
3 OR "L.S.".
4 (3) A LICENSED LABORATORY TECHNICIAN SHALL ONLY USE THE
5 TITLES "LICENSED LABORATORY TECHNICIAN", "LABORATORY TECHNICIAN",
6 OR "L.T.".
7 (4) A LICENSED LABORATORY PRACTITIONER SHALL ONLY USE THE
8 TITLES "LICENSED LABORATORY PRACTITIONER", "LABORATORY
9 PRACTITIONER", OR "L.P.".
10 SEC. 18505. (1) THE BOARD MAY GRANT A LIMITED LICENSE TO AN
11 INDIVIDUAL TO PRACTICE LABORATORY TESTING AT THE LABORATORY SCI-
12 ENTIST, LABORATORY TECHNICIAN, OR LABORATORY PRACTITIONER LEVEL.
13 AN INDIVIDUAL WHO HOLDS A LIMITED LICENSE UNDER THIS SECTION
14 SHALL PROVIDE A LABORATORY TEST SERVICE ONLY UNDER THE SUPERVI-
15 SION OF AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED UNDER THIS
16 PART TO PERFORM THE LABORATORY TEST.
17 (2) A LIMITED LICENSE ISSUED UNDER THIS SECTION IS EFFECTIVE
18 FOR NOT MORE THAN 4 YEARS FROM THE DATE OF ISSUANCE.
19 (3) IN ADDITION TO THE SANCTIONS PRESCRIBED UNDER SECTIONS
20 16221 AND 16226, THE BOARD SHALL REVIEW THE SUPERVISION OF AN
21 INDIVIDUAL LICENSED UNDER THIS SECTION AT LEAST ONCE ANNUALLY AND
22 MAY REVOKE OR SUSPEND A LIMITED LICENSE IF THE BOARD DETERMINES
23 THAT THE INDIVIDUAL TO WHOM THAT LIMITED LICENSE IS ISSUED LACKS
24 ADEQUATE SUPERVISION.
25 SEC. 18507. THIS PART DOES NOT APPLY TO THE FOLLOWING:
26 (A) AN INDIVIDUAL WHO IS ENROLLED IN AN ACCREDITED
27 EDUCATIONAL PROGRAM, IF THE LABORATORY TESTING PERFORMED BY THAT
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1 INDIVIDUAL IS PART OF A COURSE OF STUDY WITHIN THE ACCREDITED
2 EDUCATIONAL PROGRAM, AND THE RESULTS OF THAT LABORATORY TESTING
3 ARE NOT USED FOR DIAGNOSIS, PREVENTION, MONITORING, OR TREATMENT
4 OF A DISEASE OR ASSESSMENT OF A MEDICAL CONDITION OR
5 PREDISPOSITION.
6 (B) AN INDIVIDUAL ENGAGED IN TEACHING OR RESEARCH, IF THE
7 RESULTS OF EACH LABORATORY TEST PERFORMED BY THAT INDIVIDUAL ARE
8 NOT USED IN DIAGNOSIS, PREVENTION, MONITORING, OR TREATMENT OF A
9 DISEASE OR ASSESSMENT OF A MEDICAL CONDITION OR PREDISPOSITION.
10 (C) A CERTIFIED, LICENSED, OR STATUTORILY RECOGNIZED MEMBER
11 OF ANY OTHER PROFESSION WHO PRACTICES HIS OR HER PROFESSION AS
12 AUTHORIZED BY LAW, IF THAT INDIVIDUAL DOES NOT HOLD HIMSELF OR
13 HERSELF OUT TO THE PUBLIC AS A LABORATORY SCIENTIST, LABORATORY
14 TECHNICIAN, OR LABORATORY PRACTITIONER LICENSED UNDER THIS
15 ARTICLE.
16 (D) AN INDIVIDUAL PERFORMING POINT-OF-CARE TESTING IF BOTH
17 OF THE FOLLOWING REQUIREMENTS ARE MET:
18 (i) THE LABORATORY IN WHICH THE POINT-OF-CARE TESTING IS
19 PERFORMED IS UNDER THE DIRECTION OF A LABORATORY SCIENTIST WHO IS
20 RESPONSIBLE FOR AT LEAST ALL OF THE FOLLOWING:
21 (A) DESIGNING AND PROVIDING OR SUPERVISING THE TRAINING PRO-
22 GRAMS FOR INDIVIDUALS WHO PERFORM POINT-OF-CARE TESTING IN THE
23 HOSPITAL OR FREESTANDING OUTPATIENT SURGICAL FACILITY.
24 (B) SUPERVISING AND MONITORING THE QUALITY ASSURANCE AND
25 QUALITY CONTROL ACTIVITIES OF THE LABORATORY.
26 (C) ASSISTING IN THE SELECTION OF TECHNOLOGY FOR THE
27 LABORATORY.
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1 (D) MONITORING THE CONTINUED COMPETENCY OF INDIVIDUALS
2 PERFORMING POINT-OF-CARE TESTING.
3 (E) REVIEWING THE RESULTS OF PROFICIENCY TESTING OF INDIVID-
4 UALS PERFORMING POINT-OF-CARE TESTING AND RECOMMENDING CORRECTIVE
5 ACTION, IF NECESSARY.
6 (ii) THE LABORATORY IN WHICH THE POINT-OF-CARE TESTING IS
7 PERFORMED HAS PROCEDURES THAT ENSURE AND DOCUMENT THE CONTINUED
8 COMPETENCY OF INDIVIDUALS WHO PERFORM POINT-OF-CARE TESTING AND
9 THAT ARE APPROVED BY THE BOARD.
10 (E) A PERFUSIONIST PERFORMING LABORATORY TESTING FOR EXTRA-
11 CORPOREAL FUNCTIONS INCLUDING, BUT NOT LIMITED TO, THOSE FUNC-
12 TIONS NECESSARY FOR THE SUPPORT, TREATMENT, MEASUREMENT, OR SUP-
13 PLEMENTATION OF THE CARDIOPULMONARY OR CIRCULATORY SYSTEM OF A
14 PATIENT, IF THE PERFUSIONIST DOES NOT PERFORM AN ACT, TASK, OR
15 FUNCTION FOR WHICH HE OR SHE IS NOT TRAINED AND MEETS 1 OF THE
16 FOLLOWING:
17 (i) HAS GRADUATED FROM A PERFUSION TRAINING PROGRAM APPROVED
18 BY THE DEPARTMENT AND ACCREDITED BY THE COMMITTEE ON ALLIED
19 HEALTH EDUCATION AND ACCREDITATION OF THE AMERICAN MEDICAL ASSO-
20 CIATION OR THEIR SUCCESSORS AND HAS SUCCESSFULLY COMPLETED THE
21 EXAMINATION DEVELOPED BY THE AMERICAN BOARD OF CARDIOVASCULAR
22 PERFUSION OR ITS SUCCESSOR AND APPROVED BY THE DEPARTMENT.
23 (ii) HAS PERFORMED A MINIMUM OF 40 PERFUSION CASES PER YEAR
24 DURING THE 2 YEARS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF
25 THIS PART.
26 (iii) HAS GRADUATED FROM A PERFUSION TRAINING PROGRAM
27 APPROVED BY THE DEPARTMENT AND ACCREDITED BY THE COMMITTEE ON
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1 ALLIED HEALTH EDUCATION AND ACCREDITATION OF THE AMERICAN MEDICAL
2 ASSOCIATION OR THEIR SUCCESSORS AND, BEFORE SUCCESSFULLY COMPLET-
3 ING THE EXAMINATION DEVELOPED BY THE AMERICAN BOARD OF CARDIOVAS-
4 CULAR PERFUSION OR ITS SUCCESSOR AND APPROVED BY THE DEPARTMENT,
5 IS SUPERVISED BY A PERFUSIONIST WHO MEETS THE REQUIREMENTS OF
6 EITHER SUBPARAGRAPH (i) OR (ii).
7 (F) AN INDIVIDUAL WHO PERFORMS LABORATORY TESTING AS
8 DESCRIBED IN SUBDIVISION (E) WHILE ENGAGED IN THE PRACTICE OF
9 PERFUSION AS A STUDENT IN A PERFUSION TRAINING PROGRAM APPROVED
10 BY THE DEPARTMENT AND ACCREDITED BY THE COMMITTEE ON ALLIED
11 HEALTH EDUCATION AND ACCREDITATION OF THE AMERICAN MEDICAL ASSO-
12 CIATION OR THEIR SUCCESSORS, IF DURING THE PERFORMANCE OF LABORA-
13 TORY TESTING THE INDIVIDUAL IS UNDER THE DIRECT PHYSICAL SUPERVI-
14 SION OF A PERFUSIONIST WHO MEETS THE REQUIREMENTS OF
15 SUBDIVISION (E)(i) OR (ii).
16 (G) A RESPIRATORY CARE PRACTITIONER WHO PERFORMS LABORATORY
17 TESTING WHILE ENGAGED IN THE PRACTICE OF RESPIRATORY CARE AS
18 DEFINED BY THE CREDENTIALING EXAM CONTENT OUTLINES OF THE
19 NATIONAL BOARD FOR RESPIRATORY CARE IN EFFECT ON THE EFFECTIVE
20 DATE OF THIS PART, WHICH ARE INCORPORATED BY REFERENCE, IF THE
21 RESPIRATORY CARE PRACTITIONER DOES NOT PERFORM AN ACT, TASK, OR
22 FUNCTION FOR WHICH HE OR SHE HAS NOT BEEN TRAINED, AND MEETS 1 OF
23 THE FOLLOWING:
24 (i) HAS BEEN GRANTED 1 OF THE FOLLOWING DEPARTMENT-APPROVED
25 CREDENTIALS BY THE NATIONAL BOARD FOR RESPIRATORY CARE OR ITS
26 SUCCESSOR:
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1 (A) CERTIFIED RESPIRATORY THERAPY TECHNICIAN.
2 (B) REGISTERED RESPIRATORY THERAPIST.
3 (C) CERTIFIED PULMONARY FUNCTION TECHNOLOGIST.
4 (D) REGISTERED PULMONARY FUNCTION TECHNOLOGIST.
5 (ii) HAS NOT BEEN GRANTED 1 OF THE CREDENTIALS DESCRIBED IN
6 SUBPARAGRAPH (i), BUT PERFORMS LABORATORY TESTING RELATED TO THE
7 PRACTICE OF RESPIRATORY CARE UNDER THE SUPERVISION OF A RESPIRA-
8 TORY CARE PRACTITIONER WHO HAS BEEN GRANTED 1 OF THE CREDENTIALS
9 DESCRIBED IN SUBPARAGRAPH (i), IF THE SUPERVISING RESPIRATORY
10 CARE PRACTITIONER HAS DOCUMENTED TRAINING AND DEMONSTRATED PROFI-
11 CIENCY IN ALL ASPECTS OF THE LABORATORY TESTING PROCEDURES
12 PERFORMED.
13 SEC. 18509. (1) THE MICHIGAN BOARD OF LABORATORY TESTING IS
14 CREATED WITHIN THE DEPARTMENT. THE BOARD SHALL COMPLY WITH
15 PART 161 AND SHALL CONSIST OF THE FOLLOWING 7 MEMBERS:
16 (A) AT LEAST 1 PERSON ENGAGED PRIMARILY IN THE PRACTICE OF
17 LABORATORY TESTING AT THE LABORATORY PRACTITIONER LEVEL.
18 (B) AT LEAST 1 PERSON ENGAGED IN THE PRACTICE OF LABORATORY
19 TESTING AT THE LABORATORY TECHNICIAN LEVEL.
20 (C) AT LEAST 1 PERSON ENGAGED IN THE PRACTICE OF LABORATORY
21 TESTING AT THE LABORATORY SCIENTIST LEVEL.
22 (D) TWO PUBLIC MEMBERS.
23 (2) THE BOARD MEMBERS APPOINTED UNDER SUBSECTION (1)(A) TO
24 (C) SHALL HAVE AMONG THEM ANATOMICAL AND CLINICAL PATHOLOGICAL
25 TESTING EXPERIENCE AND SHALL MEET THE REQUIREMENTS OF SECTION
26 16135(2).
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1 (3) THE BOARD SHALL SUBMIT RULES TO IMPLEMENT THIS PART FOR
2 PUBLIC HEARING PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF
3 1969 WITHIN 180 DAYS AFTER THE EFFECTIVE DATE OF THIS PART.
4 SEC. 18511. (1) EXCEPT AS OTHERWISE PROVIDED IN
5 SECTION 18513, THE BOARD MAY ISSUE A LICENSE UNDER THIS PART AS
6 FOLLOWS:
7 (A) TO ENGAGE IN THE PRACTICE OF LABORATORY TESTING AT THE
8 LABORATORY PRACTITIONER LEVEL TO AN INDIVIDUAL WHO THE BOARD
9 DETERMINES HAS SUFFICIENT KNOWLEDGE ESSENTIAL TO THE SAFE AND
10 COMPETENT PRACTICE OF HIS OR HER PROFESSION AND WHO HAS SUCCESS-
11 FULLY COMPLETED HIGH SCHOOL OR ITS EQUIVALENT AND EITHER OF THE
12 FOLLOWING:
13 (i) AN ACCREDITED EDUCATIONAL PROGRAM AT THE LABORATORY
14 PRACTITIONER LEVEL OR AT AN EQUIVALENT LEVEL THAT IS APPROVED BY
15 THE BOARD.
16 (ii) ONE YEAR OF FULL-TIME LABORATORY EXPERIENCE WITHIN THE
17 3-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE OF APPLICATION IN A
18 LABORATORY ACTIVITY APPROVED BY THE BOARD AND UNDER THE SUPERVI-
19 SION OF A LABORATORY SCIENTIST, A LABORATORY TECHNICIAN, OR AN
20 INDIVIDUAL DESCRIBED IN SECTION 18513 WHO IS APPROVED BY THE
21 BOARD TO PRACTICE LABORATORY TESTING AT THE LABORATORY SCIENTIST
22 OR LABORATORY TECHNICIAN LEVEL.
23 (B) TO ENGAGE IN THE PRACTICE OF LABORATORY TESTING AT THE
24 LABORATORY TECHNICIAN LEVEL TO AN INDIVIDUAL WHO THE BOARD DETER-
25 MINES HAS SUFFICIENT KNOWLEDGE ESSENTIAL TO THE SAFE AND COMPE-
26 TENT PRACTICE OF HIS OR HER PROFESSION AND WHO HAS SUCCESSFULLY
27 COMPLETED OR ATTAINED 1 OR MORE OF THE FOLLOWING:
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1 (i) AN ACCREDITED EDUCATIONAL PROGRAM AT THE MEDICAL
2 LABORATORY TECHNICIAN, CLINICAL LABORATORY TECHNICIAN, OR HISTO-
3 LOGIC TECHNICIAN LEVEL.
4 (ii) SIXTY SEMESTER HOURS OF COLLEGE COURSE WORK APPROVED BY
5 THE BOARD AND 2 YEARS OF FULL-TIME LABORATORY EXPERIENCE ATTAINED
6 WITHIN THE 3 YEARS IMMEDIATELY PRECEDING THE DATE OF APPLICATION
7 IN A LABORATORY ACTIVITY APPROVED BY THE BOARD AND UNDER THE
8 SUPERVISION OF A LABORATORY SCIENTIST, AN INDIVIDUAL DESCRIBED IN
9 SECTION 18513 WHO IS APPROVED BY THE BOARD TO PRACTICE LABORATORY
10 TESTING AT THE LABORATORY SCIENTIST LEVEL, OR AN INDIVIDUAL
11 DESCRIBED IN SECTION 18519.
12 (iii) LICENSURE AS A LABORATORY PRACTITIONER AND 4 ADDI-
13 TIONAL YEARS OF FULL-TIME LABORATORY EXPERIENCE ENCOMPASSING
14 AREAS OF LABORATORY TESTING APPROVED BY THE BOARD, AND UNDER THE
15 SUPERVISION OF A LABORATORY SCIENTIST OR AN INDIVIDUAL DESCRIBED
16 IN SECTION 18513 WHO IS APPROVED BY THE BOARD TO PRACTICE LABORA-
17 TORY TESTING AT THE LABORATORY SCIENTIST LEVEL, OR AN INDIVIDUAL
18 DESCRIBED IN SECTION 18519.
19 (C) TO ENGAGE IN THE PRACTICE OF LABORATORY TESTING AT THE
20 LABORATORY SCIENTIST LEVEL TO AN INDIVIDUAL WHO THE BOARD DETER-
21 MINES HAS SUFFICIENT KNOWLEDGE ESSENTIAL TO THE SAFE AND COMPE-
22 TENT PRACTICE OF HIS OR HER PROFESSION AND WHO HAS SUCCESSFULLY
23 COMPLETED OR ATTAINED 1 OR MORE OF THE FOLLOWING:
24 (i) AN ACCREDITED EDUCATIONAL PROGRAM APPROVED BY THE BOARD
25 AT THE MEDICAL TECHNOLOGIST, CYTOTECHNOLOGIST, CLINICAL LABORA-
26 TORY SCIENTIST, OR HISTOTECHNOLOGIST LEVEL.
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17
1 (ii) NINETY SEMESTER HOURS OF COLLEGE COURSE WORK APPROVED
2 BY THE BOARD AND 2 YEARS OF FULL-TIME LABORATORY EXPERIENCE
3 ATTAINED WITHIN THE 4-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE
4 OF APPLICATION IN AREAS OF LABORATORY TESTING APPROVED BY THE
5 BOARD AND UNDER THE SUPERVISION OF A LABORATORY SCIENTIST, AN
6 INDIVIDUAL DESCRIBED IN SECTION 18513 WHO IS APPROVED BY THE
7 BOARD TO PRACTICE LABORATORY TESTING AT THE LABORATORY SCIENTIST
8 LEVEL, OR AN INDIVIDUAL DESCRIBED IN SECTION 18519.
9 (2) THE BOARD MAY ACCEPT A PERSON'S CERTIFICATION BY A
10 NATIONAL ORGANIZATION APPROVED BY THE BOARD AS EVIDENCE THAT THE
11 PERSON HAS SUFFICIENT KNOWLEDGE ESSENTIAL TO THE SAFE AND COMPE-
12 TENT PRACTICE OF HIS OR HER PROFESSION. THE BOARD SHALL NOT
13 ACCEPT CERTIFICATION OF A PERSON AS DESCRIBED IN THIS SUBSECTION
14 UNLESS THE CERTIFYING NATIONAL ORGANIZATION REQUIRES SUCCESSFUL
15 PASSAGE OF A COMPETENCY BASED EXAMINATION VALIDATED BY THAT
16 ORGANIZATION.
17 SEC. 18513. (1) IF A PERSON APPLIES FOR LICENSURE AT A
18 LEVEL DESCRIBED IN SECTION 18501(1)(K), (l), OR (M) WITHIN 1 YEAR
19 AFTER THE EFFECTIVE DATE OF THIS PART AND THAT PERSON IS TRAINED
20 IN LABORATORY TESTING AT THAT LEVEL AND CERTIFIED BY A NATIONAL
21 CERTIFYING AGENCY APPROVED BY THE BOARD OR HAS ENGAGED IN THE
22 PRACTICE OF LABORATORY TESTING AT THAT LEVEL IN A LABORATORY FOR
23 A PERIOD OF AT LEAST 1 YEAR, THE BOARD SHALL ISSUE TO THAT PERSON
24 A LICENSE FOR THAT LEVEL.
25 (2) THE BOARD SHALL REQUIRE EACH INDIVIDUAL WHO APPLIES FOR
26 RENEWAL OF A LICENSE GRANTED UNDER THIS SECTION TO MEET
27 APPLICABLE CONTINUING EDUCATION REQUIREMENTS OF SECTION 18515.
01081'97
18
1 SEC. 18515. (1) IN ADDITION TO THE REQUIREMENTS OF
2 PART 161, THE BOARD SHALL REQUIRE A LABORATORY SCIENTIST OR LABO-
3 RATORY TECHNICIAN SEEKING RENEWAL OF A LICENSE TO FURNISH EVI-
4 DENCE OF EITHER OF THE FOLLOWING:
5 (A) THE LICENSEE'S SUCCESSFUL COMPLETION, DURING THE 3 YEARS
6 IMMEDIATELY PRECEDING APPLICATION FOR RENEWAL, OF AT LEAST
7 30 HOURS OF CONTINUING EDUCATION COURSES, CLINICS, LECTURES,
8 TRAINING PROGRAMS, SEMINARS, OR OTHER PROGRAMS RELATED TO LABORA-
9 TORY TESTING THAT ARE APPROVED BY THE BOARD.
10 (B) PROOF OF RECERTIFICATION BY A NATIONAL CERTIFICATION
11 AGENCY APPROVED BY THE BOARD.
12 (2) THE BOARD SHALL REQUIRE A LABORATORY PRACTITIONER SEEK-
13 ING RENEWAL OF A LICENSE TO FURNISH EVIDENCE OF EITHER OF THE
14 FOLLOWING:
15 (A) THAT PERSON'S SUCCESSFUL COMPLETION, DURING THE 3 YEARS
16 IMMEDIATELY PRECEDING APPLICATION FOR RENEWAL, OF AT LEAST
17 10 HOURS OF CONTINUING EDUCATION COURSES, CLINICS, LECTURES,
18 TRAINING PROGRAMS, SEMINARS, OR OTHER PROGRAMS APPROVED BY THE
19 BOARD.
20 (B) PROOF OF RECERTIFICATION BY A NATIONAL CERTIFYING AGENCY
21 APPROVED BY THE BOARD.
22 SEC. 18517. A LICENSE ISSUED UNDER THIS PART IS EFFECTIVE
23 FOR 3 YEARS. A LICENSEE SHALL NOT PERFORM AN ACT, TASK, OR FUNC-
24 TION WITHIN THE PRACTICE OF LABORATORY TESTING FOR WHICH HE OR
25 SHE IS NOT TRAINED.
01081'97
19
1 SEC. 18519. THE SUPERVISION DESCRIBED IN SECTION 18505 MAY
2 BE PROVIDED BY AN ALLOPATHIC OR OSTEOPATHIC PHYSICIAN LICENSED
3 UNDER PART 170 OR 175.
4 SEC. 18521. A COMMUNICATION BETWEEN A LICENSEE AND A CLIENT
5 AND A CLIENT'S LABORATORY TEST RESULTS ARE CONFIDENTIAL AND SHALL
6 NOT BE DISCLOSED TO A THIRD PARTY BY THE LICENSEE WITHOUT THE
7 CONSENT OF THE CLIENT OR EXCEPT AS OTHERWISE PROVIDED BY LAW.
8 FOR PURPOSES OF THIS SECTION, "THIRD PARTY" DOES NOT INCLUDE A
9 HEALTH CARE PROFESSIONAL LICENSED UNDER THIS ARTICLE WHO
10 REQUESTED THE LABORATORY TEST ON BEHALF OF THE CLIENT.
01081'97 Final page. CPD