HOUSE BILL No. 4799 June 17, 1999, Introduced by Reps. Hale, Stallworth, Price, Thomas, Scott, Schermesser, Brewer, Bob Brown, Rison, Cherry, Kelly, Gieleghem, Schauer, Bogardus, Garcia, Vaughn, Godchaux, Law, Toy, Kowall, Minore, LaForge, Hanley, Baird, Brater, Clarke, Lockwood, Frank, LaSata, Daniels, Pestka, Quarles, Dennis, Rivet, Sheltrown, Hardman, Clark, Wojno, Hansen, Woodward, Callahan, O'Neil, Spade, Switalski, Tesanovich, Neumann, Jamnick, Bovin, DeHart, Prusi, Jacobs, Martinez, Kilpatrick and Lemmons 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 16351 and part 187A. 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,shallexpire 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 00591'99 * CPD 2 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.". 00591'99 * 3 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.", 00591'99 * 4 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) "CLINICAL LABORATORY SCIENTIST/MEDICAL TECHNOLOGIST", 15 "LICENSED CLINICAL LABORATORY SCIENTIST", "LICENSED MEDICAL 16 TECHNOLOGIST", "CLINICAL LABORATORY TECHNICIAN/MEDICAL 17 TECHNICIAN", "LICENSED CLINICAL LABORATORY TECHNICIAN", "LICENSED 18 MEDICAL TECHNICIAN", "CLINICAL LABORATORY ASSISTANT", "LABORATORY 19 ASSISTANT", "C.L.S./M.T.", "C.L.M.T./M.L.T.", AND 20 "C.L.A./M.L.A.". 21 (2) Notwithstanding section 16261, a person who was spe- 22 cially trained at an institution of higher education in this 23 state to assist a physician in the field of orthopedics and upon 24 completion of training, received a 2-year associate of science 25 degree as an orthopedic physician's assistant before January 1, 26 1977, may use the title "orthopedic physician's assistant" 27 whether or not the person is licensed under this article. 00591'99 * 5 1 SEC. 16351. FEES FOR A PERSON LICENSED OR SEEKING LICENSURE 2 TO ENGAGE IN THE PRACTICE OF LABORATORY TESTING AT THE LABORATORY 3 CLINICAL LABORATORY ASSISTANT LEVEL, THE PRACTICE OF LABORATORY 4 TESTING AT THE CLINICAL LABORATORY TECHNICIAN/MEDICAL TECHNICIAN 5 LEVEL, OR THE PRACTICE OF LABORATORY TESTING AT THE CLINICAL LAB- 6 ORATORY SCIENTIST/MEDICAL TECHNOLOGIST LEVEL UNDER PART 187A ARE 7 AS FOLLOWS: 8 (A) APPLICATION PROCESSING FEE.......... $ 20.00 9 (B) LICENSE FEE, PER YEAR: 10 (i) CLINICAL LABORATORY ASSISTANT....... $ 10.00 11 (ii) CLINICAL LABORATORY 12 TECHNICIAN/MEDICAL TECHNICIAN........... $ 20.00 13 (iii) CLINICAL LABORATORY 14 SCIENTIST/MEDICAL TECHNOLOGIST.......... $ 20.00 15 (C) TEMPORARY LICENSE................... $ 10.00 16 (D) LIMITED LICENSE, PER YEAR........... $ 20.00 17 PART 187A. LABORATORY TESTING PERSONNEL 18 SEC. 18751. (1) AS USED IN THIS PART: 19 (A) "ACCREDITED EDUCATIONAL PROGRAM" MEANS A PROGRAM THAT 20 PROVIDES INSTRUCTION AND EXPERIENCE IN LABORATORY TESTING AND 21 THAT HAS BEEN ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED BY 22 THE UNITED STATES DEPARTMENT OF EDUCATION AND APPROVED BY THE 23 DEPARTMENT. 24 (B) "CLIENT" MEANS THE INDIVIDUAL UPON WHOSE BODY, BODY 25 FLUID, OR BODY PART A LABORATORY TEST IS PERFORMED. 26 (C) "LABORATORY" MEANS THE SITE AT WHICH A LABORATORY TEST 27 IS PERFORMED. 00591'99 * 6 1 (D) "LABORATORY DIRECTOR" MEANS THAT TERM AS DEFINED IN 2 SECTION 20501. 3 (E) "CLINICAL LABORATORY ASSISTANT" MEANS AN INDIVIDUAL WHO 4 IS LICENSED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF LABO- 5 RATORY TESTING AT THE CLINICAL LABORATORY ASSISTANT LEVEL, 6 SUBJECT TO SECTION 18767. 7 (F) "CLINICAL LABORATORY TECHNICIAN/MEDICAL TECHNICIAN" 8 MEANS AN INDIVIDUAL WHO IS LICENSED UNDER THIS ARTICLE TO ENGAGE 9 IN THE PRACTICE OF LABORATORY TESTING AT THE CLINICAL LABORATORY 10 TECHNICIAN/MEDICAL TECHNICIAN LEVEL, SUBJECT TO SECTION 18767. 11 (G) "CLINICAL LABORATORY SCIENTIST/MEDICAL TECHNOLOGIST" 12 MEANS AN INDIVIDUAL WHO IS LICENSED UNDER THIS ARTICLE TO ENGAGE 13 IN THE PRACTICE OF LABORATORY TESTING AT THE CLINICAL LABORATORY 14 SCIENTIST/MEDICAL TECHNOLOGIST LEVEL, SUBJECT TO SECTION 18767. 15 (H) "LABORATORY TEST" MEANS A MICROBIOLOGICAL, SEROLOGICAL, 16 CHEMICAL, HEMATOLOGICAL, RADIOMETRIC, CYTOLOGICAL, BIOPHYSICAL, 17 IMMUNOLOGICAL, HISTOLOGICAL, GENETIC, OR OTHER CLINICAL OR 18 ANATOMIC PATHOLOGICAL EXAMINATION OR PROCEDURE THAT IS PERFORMED 19 ON MATERIAL DERIVED FROM OR EXISTING IN A HUMAN BODY THAT PRO- 20 VIDES INFORMATION FOR THE DIAGNOSIS, PREVENTION, MONITORING, OR 21 TREATMENT OF A DISEASE OR ASSESSMENT OF A MEDICAL CONDITION OR 22 PREDISPOSITION. LABORATORY TEST DOES NOT INCLUDE A WAIVERED 23 TEST, IN VIVO DIAGNOSTIC IMAGING, NONINVASIVE VASCULAR DIAGNOSTIC 24 STUDIES, OR THE COLLECTION, HANDLING, AND PREPARATION OF A BODY 25 FLUID OR MICROBIOLOGY CULTURE SPECIMEN USED FOR A LABORATORY 26 TEST, OR A TEST THE RESULTS OF WHICH ARE USED SOLELY FOR 27 EVIDENTIARY PURPOSES IN A CIVIL OR CRIMINAL PROCEEDING. 00591'99 * 7 1 (I) "PERFUSIONIST" MEANS AN INDIVIDUAL WHO OPERATES 2 EXTRACORPOREAL CIRCULATION EQUIPMENT FOR A PATIENT WHOSE MEDICAL 3 CONDITION REQUIRES THE SUPPORT OR TEMPORARY REPLACEMENT OF THE 4 PATIENT'S CARDIOPULMONARY-CIRCULATORY FUNCTION. 5 (J) "POINT-OF-CARE TESTING" MEANS A LABORATORY TEST PER- 6 FORMED IN A HOSPITAL OR A FREESTANDING OUTPATIENT SURGICAL FACIL- 7 ITY LICENSED UNDER ARTICLE 17 THAT IS PERFORMED ON AND NEAR THE 8 PATIENT TO REDUCE TESTING TIME OR TIME TO TREATMENT, BUT DOES NOT 9 INCLUDE A LABORATORY TEST PERFORMED IN A LABORATORY DESCRIBED IN 10 SECTION 20507(A), (B), OR (C). 11 (K) "PRACTICE OF LABORATORY TESTING AT THE CLINICAL LABORA- 12 TORY ASSISTANT LEVEL" MEANS 1 OR MORE OF THE FOLLOWING: 13 (i) PERFORMING A LABORATORY TEST PURSUANT TO ESTABLISHED 14 PROTOCOLS. 15 (ii) COMPARING PATIENT DATA TO REFERENCE RANGES ESTABLISHED 16 OR APPROVED BY THE LABORATORY DIRECTOR OR A LABORATORY 17 SCIENTIST. 18 (iii) APPLYING ARITHMETIC OR ALGEBRAIC CALCULATIONS ACCORD- 19 ING TO PROTOCOLS. 20 (iv) PERFORMING AUTOMATED TESTS IN A MANNER REQUIRING COM- 21 PLETE RELIANCE ON LABORATORY INSTRUMENTS FOR CALIBRATIONS, CALCU- 22 LATIONS, AND ANALYSES. 23 (l) "PRACTICE OF LABORATORY TESTING AT THE CLINICAL LABORA- 24 TORY TECHNICIAN/MEDICAL TECHNICIAN LEVEL" MEANS THE PRACTICE OF 25 LABORATORY TESTING AT THE CLINICAL LABORATORY ASSISTANT LEVEL AND 26 1 OR MORE OF THE FOLLOWING: 00591'99 * 8 1 (i) PERFORMING A LABORATORY TEST PURSUANT TO CRITERIA 2 ESTABLISHED OR APPROVED BY THE LABORATORY DIRECTOR OR A 3 LABORATORY SCIENTIST. 4 (ii) EVALUATING DATA PURSUANT TO CRITERIA ESTABLISHED OR 5 APPROVED BY THE LABORATORY DIRECTOR OR A CLINICAL LABORATORY 6 SCIENTIST/MEDICAL TECHNOLOGIST. 7 (iii) ARITHMETICAL, MATHEMATICAL, OR STATISTICAL MANIPULA- 8 TION OF NUMBERS ACCORDING TO PROTOCOL. 9 (iv) IDENTIFYING A DIRECT CAUSE OF IMPROPER TEST PERFORMANCE 10 AND CORRECTING THAT CAUSE ACCORDING TO STRATEGIES ESTABLISHED BY 11 THE LABORATORY DIRECTOR OR A CLINICAL LABORATORY 12 SCIENTIST/MEDICAL TECHNOLOGIST. 13 (M) "PRACTICE OF LABORATORY TESTING AT THE CLINICAL LABORA- 14 TORY SCIENTIST/MEDICAL TECHNOLOGIST LEVEL" MEANS THE PRACTICE OF 15 LABORATORY TESTING AT THE CLINICAL LABORATORY ASSISTANT LEVEL, 16 THE PRACTICE OF LABORATORY TESTING AT THE CLINICAL LABORATORY 17 TECHNICIAN/MEDICAL TECHNICIAN LEVEL, AND 1 OR MORE OF THE 18 FOLLOWING: 19 (i) DECISION MAKING THAT EMPLOYS ADVANCED KNOWLEDGE OF 20 PATHOPHYSIOLOGY, CYTOPATHOLOGY LABORATORY METHODS, OR LABORATORY 21 INSTRUMENTATION, AND THAT DOES NOT EMPLOY PREDETERMINED 22 CRITERIA. 23 (ii) ESTABLISHING CRITERIA FOR DECISION MAKING IN LABORATORY 24 TESTING. 25 (iii) VALIDATING LABORATORY TEST DATA. 26 (iv) ESTABLISHING PROCEDURES FOR REPORTING RESULTS. 00591'99 * 9 1 (v) SELECTING APPROPRIATE CALCULATION METHODS IN THE ABSENCE 2 OF ESTABLISHED GUIDELINES. 3 (vi) WITHOUT PRESET STRATEGIES, IDENTIFYING CAUSES OF 4 IMPROPER TEST PERFORMANCE AND DETERMINING ALTERNATIVE MEANS OF 5 OBTAINING CORRECT TEST PERFORMANCE OR SOLUTIONS TO PROBLEMS CRE- 6 ATED BY INCORRECT TEST PERFORMANCE. 7 (N) "PROTOCOL" MEANS INFORMATION PREPARED OR APPROVED BY THE 8 LABORATORY DIRECTOR OR A CLINICAL LABORATORY SCIENTIST/MEDICAL 9 TECHNOLOGIST THAT PROVIDES A STEP-BY-STEP DESCRIPTION OF THE 10 MANNER IN WHICH A LABORATORY TEST IS TO BE PERFORMED. 11 (O) "WAIVERED TEST" MEANS A LABORATORY TEST THAT DOES NOT 12 REQUIRE THE PERSON PERFORMING THE LABORATORY TEST TO DO 1 OR MORE 13 OF THE FOLLOWING: 14 (i) RENDER A DECISION. 15 (ii) VALIDATE DATA. 16 (iii) MAKE CALCULATIONS OTHER THAN THE PERFORMANCE OF SIMPLE 17 ARITHMETIC. 18 (iv) CALIBRATE INSTRUMENTS OR EQUIPMENT. 19 (v) MODIFY A SPECIMEN. 20 (2) IN ADDITION TO THE DEFINITIONS IN THIS PART, ARTICLE 1 21 CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION 22 APPLICABLE TO ALL ARTICLES IN THIS CODE AND PART 161 CONTAINS 23 DEFINITIONS APPLICABLE TO THIS PART. 24 SEC. 18753. (1) BEGINNING 1 YEAR AFTER THE EFFECTIVE DATE 25 OF THIS PART, A PERSON SHALL NOT ENGAGE IN LABORATORY TESTING AS 26 DESCRIBED IN SECTION 18551(1)(K), (l), OR (M) UNLESS THAT PERSON 27 IS LICENSED OR OTHERWISE AUTHORIZED BY THIS ARTICLE. 00591'99 * 10 1 (2) A LICENSED CLINICAL LABORATORY SCIENTIST/MECICAL 2 TECHNOLOGIST SHALL ONLY USE THE TITLES "LICENSED CLINICAL LABORA- 3 TORY SCIENTIST", "LICENSED MEDICAL TECHNOLOGIST", OR 4 "C.L.S./M.T.". 5 (3) A LICENSED CLINICAL LABORATORY TECHNICIAN/MEDICAL TECH- 6 NICIAN SHALL ONLY USE THE TITLES "LICENSED CLINICAL LABORATORY 7 TECHNICIAN", "LICENSED MEDICAL TECHNICIAN", OR 8 "C.L.M.T./M.L.T.". 9 (4) A LICENSED CLINICAL LABORATORY ASSISTANT SHALL ONLY USE 10 THE TITLES "LICENSED LABORATORY ASSISTANT", "LABORATORY 11 ASSISTANT", OR "C.L.A./M.L.A.". 12 SEC. 18755. (1) THE BOARD MAY GRANT A LIMITED LICENSE TO AN 13 INDIVIDUAL TO PRACTICE LABORATORY TESTING AT THE CLINICAL LABORA- 14 TORY SCIENTIST/MEDICAL TECHNOLOGIST, CLINICAL LABORATORY TECHNI- 15 CIAN, OR CLINICAL LABORATORY ASSISTANT LEVEL. AN INDIVIDUAL WHO 16 HOLDS A LIMITED LICENSE UNDER THIS SECTION SHALL PROVIDE A LABO- 17 RATORY TEST SERVICE ONLY UNDER THE SUPERVISION OF AN INDIVIDUAL 18 LICENSED OR OTHERWISE AUTHORIZED UNDER THIS PART TO PERFORM THE 19 LABORATORY TEST. 20 (2) A LIMITED LICENSE ISSUED UNDER THIS SECTION IS EFFECTIVE 21 FOR NOT MORE THAN 4 YEARS FROM THE DATE OF ISSUANCE. 22 (3) IN ADDITION TO THE GROUNDS FOR DISCIPLINE AND SANCTIONS 23 PRESCRIBED UNDER SECTIONS 16221 AND 16226, THE BOARD SHALL REVIEW 24 THE SUPERVISION OF AN INDIVIDUAL LICENSED UNDER THIS SECTION AT 25 LEAST ONCE ANNUALLY AND MAY REVOKE OR SUSPEND A LIMITED LICENSE 26 IF THE BOARD DETERMINES THAT THE INDIVIDUAL TO WHOM THAT LIMITED 27 LICENSE IS ISSUED LACKS ADEQUATE SUPERVISION. 00591'99 * 11 1 SEC. 18757. THIS PART DOES NOT APPLY TO THE FOLLOWING: 2 (A) AN INDIVIDUAL WHO IS ENROLLED IN AN ACCREDITED EDUCA- 3 TIONAL PROGRAM, IF THE LABORATORY TESTING PERFORMED BY THAT INDI- 4 VIDUAL IS PART OF A COURSE OF STUDY WITHIN THE ACCREDITED EDUCA- 5 TIONAL PROGRAM, AND THE RESULTS OF THAT LABORATORY TESTING ARE 6 NOT USED FOR DIAGNOSIS, PREVENTION, MONITORING, OR TREATMENT OF A 7 DISEASE OR ASSESSMENT OF A MEDICAL CONDITION OR PREDISPOSITION. 8 (B) AN INDIVIDUAL ENGAGED IN TEACHING OR RESEARCH, IF THE 9 RESULTS OF EACH LABORATORY TEST PERFORMED BY THAT INDIVIDUAL ARE 10 NOT USED IN DIAGNOSIS, PREVENTION, MONITORING, OR TREATMENT OF A 11 DISEASE OR ASSESSMENT OF A MEDICAL CONDITION OR PREDISPOSITION. 12 (C) A CERTIFIED, LICENSED, OR STATUTORILY RECOGNIZED MEMBER 13 OF ANY OTHER PROFESSION WHO PRACTICES HIS OR HER PROFESSION AS 14 AUTHORIZED BY LAW, IF THAT INDIVIDUAL DOES NOT HOLD HIMSELF OR 15 HERSELF OUT TO THE PUBLIC AS A CLINICAL LABORATORY 16 SCIENTIST/MEDICAL TECHNOLOGIST, CLINICAL LABORATORY TECHNICIAN, 17 OR CLINICAL LABORATORY ASSISTANT LICENSED UNDER THIS ARTICLE. 18 (D) AN INDIVIDUAL PERFORMING POINT-OF-CARE TESTING IF BOTH 19 OF THE FOLLOWING REQUIREMENTS ARE MET: 20 (i) THE FACILITY IN WHICH THE POINT-OF-CARE TESTING IS PER- 21 FORMED IS UNDER THE DIRECTION OF A CLINICAL LABORATORY 22 SCIENTIST/MEDICAL TECHNOLOGIST WHO IS RESPONSIBLE FOR ALL OF THE 23 FOLLOWING: 24 (A) DESIGNING AND PROVIDING OR SUPERVISING THE TRAINING PRO- 25 GRAMS FOR INDIVIDUALS WHO PERFORM POINT-OF-CARE TESTING IN THE 26 HOSPITAL OR FREESTANDING OUTPATIENT SURGICAL FACILITY. 00591'99 * 12 1 (B) SUPERVISING AND MONITORING THE QUALITY ASSURANCE AND 2 QUALITY CONTROL ACTIVITIES OF THE LABORATORY. 3 (C) ASSISTING IN THE SELECTION OF TECHNOLOGY FOR THE 4 LABORATORY. 5 (D) MONITORING THE CONTINUED COMPETENCY OF INDIVIDUALS PER- 6 FORMING POINT-OF-CARE TESTING. 7 (E) REVIEWING THE RESULTS OF PROFICIENCY TESTING OF INDIVID- 8 UALS PERFORMING POINT-OF-CARE TESTING AND RECOMMENDING CORRECTIVE 9 ACTION, IF NECESSARY. 10 (ii) THE FACILITY IN WHICH THE POINT-OF-CARE TESTING IS PER- 11 FORMED HAS PROCEDURES THAT ENSURE AND DOCUMENT THE CONTINUED COM- 12 PETENCY OF INDIVIDUALS WHO PERFORM POINT-OF-CARE TESTING AND THAT 13 ARE APPROVED BY THE BOARD. 14 (E) A PERFUSIONIST PERFORMING LABORATORY TESTING FOR EXTRA- 15 CORPOREAL FUNCTIONS INCLUDING, BUT NOT LIMITED TO, THOSE FUNC- 16 TIONS NECESSARY FOR THE SUPPORT, TREATMENT, MEASUREMENT, OR SUP- 17 PLEMENTATION OF THE CARDIOPULMONARY OR CIRCULATORY SYSTEM OF A 18 PATIENT, IF THE PERFUSIONIST DOES NOT PERFORM AN ACT, TASK, OR 19 FUNCTION FOR WHICH HE OR SHE IS NOT TRAINED AND MEETS 1 OF THE 20 FOLLOWING: 21 (i) HAS GRADUATED FROM A PERFUSION TRAINING PROGRAM APPROVED 22 BY THE DEPARTMENT AND ACCREDITED BY THE COMMITTEE ON ALLIED 23 HEALTH EDUCATION AND ACCREDITATION OF THE AMERICAN MEDICAL ASSO- 24 CIATION OR THEIR SUCCESSORS AND HAS SUCCESSFULLY COMPLETED THE 25 EXAMINATION DEVELOPED BY THE AMERICAN BOARD OF CARDIOVASCULAR 26 PERFUSION OR ITS SUCCESSOR AND APPROVED BY THE DEPARTMENT. 00591'99 * 13 1 (ii) HAS PERFORMED A MINIMUM OF 40 PERFUSION CASES PER YEAR 2 DURING THE 2 YEARS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF 3 THIS PART. 4 (iii) HAS GRADUATED FROM A PERFUSION TRAINING PROGRAM 5 APPROVED BY THE DEPARTMENT AND ACCREDITED BY THE COMMITTEE ON 6 ALLIED HEALTH EDUCATION AND ACCREDITATION OF THE AMERICAN MEDICAL 7 ASSOCIATION OR THEIR SUCCESSORS AND, BEFORE SUCCESSFULLY COMPLET- 8 ING THE EXAMINATION DEVELOPED BY THE AMERICAN BOARD OF CARDIOVAS- 9 CULAR PERFUSION OR ITS SUCCESSOR AND APPROVED BY THE DEPARTMENT, 10 IS SUPERVISED BY A PERFUSIONIST WHO MEETS THE REQUIREMENTS OF 11 EITHER SUBPARAGRAPH (i) OR (ii). 12 (F) AN INDIVIDUAL WHO PERFORMS LABORATORY TESTING AS 13 DESCRIBED IN SUBDIVISION (E) WHILE ENGAGED IN THE PRACTICE OF 14 PERFUSION AS A STUDENT IN A PERFUSION TRAINING PROGRAM APPROVED 15 BY THE DEPARTMENT AND ACCREDITED BY THE COMMITTEE ON ALLIED 16 HEALTH EDUCATION AND ACCREDITATION OF THE AMERICAN MEDICAL ASSO- 17 CIATION OR THEIR SUCCESSORS, IF DURING THE PERFORMANCE OF LABORA- 18 TORY TESTING THE INDIVIDUAL IS UNDER THE DIRECT PHYSICAL SUPERVI- 19 SION OF A PERFUSIONIST WHO MEETS THE REQUIREMENTS OF 20 SUBDIVISION (E)(i) OR (ii). 21 (G) A RESPIRATORY CARE PRACTITIONER WHO PERFORMS LABORATORY 22 TESTING WHILE ENGAGED IN THE PRACTICE OF RESPIRATORY CARE AS 23 DEFINED BY THE CREDENTIALING EXAM CONTENT OUTLINES OF THE 24 NATIONAL BOARD FOR RESPIRATORY CARE IN EFFECT ON THE EFFECTIVE 25 DATE OF THIS PART, WHICH CREDENTIALING EXAM CONTENT OUTLINES ARE 26 INCORPORATED BY REFERENCE, IF THE RESPIRATORY CARE PRACTITIONER 00591'99 * 14 1 DOES NOT PERFORM AN ACT, TASK, OR FUNCTION FOR WHICH HE OR SHE 2 HAS NOT BEEN TRAINED, AND MEETS 1 OF THE FOLLOWING: 3 (i) HAS BEEN GRANTED 1 OF THE FOLLOWING DEPARTMENT-APPROVED 4 CREDENTIALS BY THE NATIONAL BOARD FOR RESPIRATORY CARE OR ITS 5 SUCCESSOR: 6 (A) CERTIFIED RESPIRATORY THERAPY TECHNICIAN. 7 (B) REGISTERED RESPIRATORY THERAPIST. 8 (C) CERTIFIED PULMONARY FUNCTION TECHNOLOGIST. 9 (D) REGISTERED PULMONARY FUNCTION TECHNOLOGIST. 10 (ii) HAS NOT BEEN GRANTED 1 OF THE CREDENTIALS DESCRIBED IN 11 SUBPARAGRAPH (i), BUT PERFORMS LABORATORY TESTING RELATED TO THE 12 PRACTICE OF RESPIRATORY CARE UNDER THE SUPERVISION OF A RESPIRA- 13 TORY CARE PRACTITIONER WHO HAS BEEN GRANTED 1 OF THE CREDENTIALS 14 DESCRIBED IN SUBPARAGRAPH (i), IF THE SUPERVISING RESPIRATORY 15 CARE PRACTITIONER HAS DOCUMENTED TRAINING AND DEMONSTRATED PROFI- 16 CIENCY IN ALL ASPECTS OF THE LABORATORY TESTING PROCEDURES 17 PERFORMED. 18 SEC. 18759. (1) THE MICHIGAN BOARD OF LABORATORY TESTING IS 19 CREATED WITHIN THE DEPARTMENT. THE BOARD SHALL COMPLY WITH 20 PART 161 AND SHALL CONSIST OF 7 MEMBERS, INCLUDING THE 21 FOLLOWING: 22 (A) AT LEAST 1 PERSON ENGAGED PRIMARILY IN THE PRACTICE OF 23 LABORATORY TESTING AT THE CLINICAL LABORATORY ASSISTANT LEVEL. 24 (B) AT LEAST 1 PERSON ENGAGED IN THE PRACTICE OF LABORATORY 25 TESTING AT THE CLINICAL LABORATORY TECHNICIAN/MEDICAL TECHNICIAN 26 LEVEL. 00591'99 * 15 1 (C) AT LEAST 1 PERSON ENGAGED IN THE PRACTICE OF LABORATORY 2 TESTING AT THE CLINICAL LABORATORY SCIENTIST/MEDICAL TECHNOLOGIST 3 LEVEL. 4 (D) TWO PUBLIC MEMBERS. 5 (2) THE BOARD MEMBERS APPOINTED UNDER SUBSECTION (1)(A) TO 6 (C) SHALL HAVE AMONG THEM ANATOMICAL AND CLINICAL PATHOLOGICAL 7 TESTING EXPERIENCE AND SHALL MEET THE REQUIREMENTS OF SECTION 8 16135(2). 9 (3) THE BOARD SHALL SUBMIT RULES TO IMPLEMENT THIS PART FOR 10 PUBLIC HEARING PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 11 1969 WITHIN 180 DAYS AFTER THE EFFECTIVE DATE OF THIS PART. 12 SEC. 18761. (1) EXCEPT AS OTHERWISE PROVIDED IN 13 SECTION 18753, THE BOARD MAY ISSUE A LICENSE UNDER THIS PART AS 14 FOLLOWS: 15 (A) TO ENGAGE IN THE PRACTICE OF LABORATORY TESTING AT THE 16 CLINICAL LABORATORY ASSISTANT LEVEL TO AN INDIVIDUAL WHO THE 17 BOARD DETERMINES HAS SUFFICIENT KNOWLEDGE ESSENTIAL TO THE SAFE 18 AND COMPETENT PRACTICE OF HIS OR HER PROFESSION AND WHO HAS SUC- 19 CESSFULLY COMPLETED HIGH SCHOOL OR ITS EQUIVALENT AND EITHER OF 20 THE FOLLOWING: 21 (i) AN ACCREDITED EDUCATIONAL PROGRAM AT THE CLINICAL LABO- 22 RATORY ASSISTANT LEVEL OR AT AN EQUIVALENT LEVEL THAT IS APPROVED 23 BY THE BOARD. 24 (ii) ONE YEAR OF FULL-TIME LABORATORY EXPERIENCE WITHIN THE 25 3-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE OF APPLICATION IN A 26 LABORATORY ACTIVITY APPROVED BY THE BOARD AND UNDER THE 27 SUPERVISION OF A CLINICAL LABORATORY SCIENTIST/MEDICAL 00591'99 * 16 1 TECHNOLOGIST, A CLINICAL LABORATORY TECHNICIAN/MEDICAL 2 TECHNICIAN, OR AN INDIVIDUAL DESCRIBED IN SECTION 18753 WHO IS 3 APPROVED BY THE BOARD TO PRACTICE LABORATORY TESTING AT THE CLIN- 4 ICAL LABORATORY SCIENTIST/MEDICAL TECHNOLOGIST OR CLINICAL LABO- 5 RATORY TECHNICIAN/MEDICAL TECHNICIAN LEVEL. 6 (B) TO ENGAGE IN THE PRACTICE OF LABORATORY TESTING AT THE 7 CLINICAL LABORATORY TECHNICIAN/MEDICAL TECHNICIAN LEVEL TO AN 8 INDIVIDUAL WHO THE BOARD DETERMINES HAS SUFFICIENT KNOWLEDGE 9 ESSENTIAL TO THE SAFE AND COMPETENT PRACTICE OF HIS OR HER PRO- 10 FESSION AND WHO HAS SUCCESSFULLY COMPLETED OR ATTAINED 1 OR MORE 11 OF THE FOLLOWING: 12 (i) AN ACCREDITED EDUCATIONAL PROGRAM AT THE CLINICAL LABO- 13 RATORY TECHNICIAN/MEDICAL TECHNICIAN OR HISTOLOGIC TECHNICIAN 14 LEVEL. 15 (ii) AN ASSOCIATE'S DEGREE FROM AN ACCREDITED COLLEGE OR 16 UNIVERSITY APPROVED BY THE BOARD, INCLUDING COURSE WORK APPROVED 17 BY THE BOARD, AND 2 YEARS OF FULL-TIME LABORATORY EXPERIENCE 18 ATTAINED WITHIN THE 3 YEARS IMMEDIATELY PRECEDING THE DATE OF 19 APPLICATION IN A LABORATORY ACTIVITY APPROVED BY THE BOARD AND 20 UNDER THE SUPERVISION OF A CLINICAL LABORATORY SCIENTIST/MEDICAL 21 TECHNOLOGIST, AN INDIVIDUAL DESCRIBED IN SECTION 18763 WHO IS 22 APPROVED BY THE BOARD TO PRACTICE LABORATORY TESTING AT THE CLIN- 23 ICAL LABORATORY SCIENTIST/MEDICAL TECHNOLOGIST LEVEL, OR AN INDI- 24 VIDUAL DESCRIBED IN SECTION 18769. 25 (C) TO ENGAGE IN THE PRACTICE OF LABORATORY TESTING AT THE 26 CLINICAL LABORATORY SCIENTIST/MEDICAL TECHNOLOGIST LEVEL TO AN 27 INDIVIDUAL WHO THE BOARD DETERMINES HAS SUFFICIENT KNOWLEDGE 00591'99 * 17 1 ESSENTIAL TO THE SAFE AND COMPETENT PRACTICE OF HIS OR HER 2 PROFESSION AND WHO HAS SUCCESSFULLY COMPLETED OR ATTAINED 1 OR 3 MORE OF THE FOLLOWING: 4 (i) AN ACCREDITED EDUCATIONAL PROGRAM APPROVED BY THE BOARD 5 AT THE CYTOTECHNOLOGIST, CLINICAL LABORATORY SCIENTIST/MEDICAL 6 TECHNOLOGIST, OR HISTOTECHNOLOGIST LEVEL. 7 (ii) A BACCALAUREATE DEGREE FROM AN ACCREDITED COLLEGE OR 8 UNIVERSITY APPROVED BY THE BOARD, INCLUDING COURSE WORK APPROVED 9 BY THE BOARD, AND 2 YEARS OF FULL-TIME LABORATORY EXPERIENCE 10 ATTAINED WITHIN THE 4-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE 11 OF APPLICATION IN AREAS OF LABORATORY TESTING APPROVED BY THE 12 BOARD AND UNDER THE SUPERVISION OF A CLINICAL LABORATORY 13 SCIENTIST/MEDICAL TECHNOLOGIST, AN INDIVIDUAL DESCRIBED IN SEC- 14 TION 18763 WHO IS APPROVED BY THE BOARD TO PRACTICE LABORATORY 15 TESTING AT THE CLINICAL LABORATORY SCIENTIST/MEDICAL TECHNOLOGIST 16 LEVEL, OR AN INDIVIDUAL DESCRIBED IN SECTION 18769. 17 (2) THE BOARD MAY ACCEPT A PERSON'S CERTIFICATION BY A 18 NATIONAL ORGANIZATION APPROVED BY THE BOARD AS EVIDENCE THAT THE 19 PERSON HAS SUFFICIENT KNOWLEDGE ESSENTIAL TO THE SAFE AND COMPE- 20 TENT PRACTICE OF HIS OR HER PROFESSION. THE BOARD SHALL NOT 21 ACCEPT CERTIFICATION OF A PERSON AS DESCRIBED IN THIS SUBSECTION 22 UNLESS THE CERTIFYING NATIONAL ORGANIZATION REQUIRES SUCCESSFUL 23 PASSAGE OF A COMPETENCY BASED EXAMINATION VALIDATED BY THAT 24 ORGANIZATION. 25 SEC. 18763. (1) IF A PERSON APPLIES FOR LICENSURE AT A 26 LEVEL DESCRIBED IN SECTION 18751(1)(K), (l), OR (M) WITHIN 1 YEAR 27 AFTER THE EFFECTIVE DATE OF THIS PART AND THAT PERSON IS TRAINED 00591'99 * 18 1 IN LABORATORY TESTING AT THAT LEVEL AND CERTIFIED BY A NATIONAL 2 CERTIFYING AGENCY APPROVED BY THE BOARD OR HAS ENGAGED IN THE 3 PRACTICE OF LABORATORY TESTING AT THAT LEVEL IN A LABORATORY FOR 4 A PERIOD OF AT LEAST 1 YEAR, THE BOARD SHALL ISSUE TO THAT PERSON 5 A LICENSE FOR THAT LEVEL. 6 (2) THE BOARD SHALL REQUIRE EACH INDIVIDUAL WHO APPLIES FOR 7 RENEWAL OF A LICENSE GRANTED UNDER THIS SECTION TO MEET APPLICA- 8 BLE CONTINUING EDUCATION REQUIREMENTS OF SECTION 18765. 9 SEC. 18765. (1) IN ADDITION TO THE REQUIREMENTS OF 10 PART 161, THE BOARD SHALL REQUIRE A CLINICAL LABORATORY 11 SCIENTIST/MEDICAL TECHNOLOGIST OR CLINICAL LABORATORY TECHNICIAN 12 SEEKING RENEWAL OF A LICENSE TO FURNISH EVIDENCE OF EITHER OF THE 13 FOLLOWING: 14 (A) THE LICENSEE'S SUCCESSFUL COMPLETION, DURING THE 3 YEARS 15 IMMEDIATELY PRECEDING APPLICATION FOR RENEWAL, OF AT LEAST 16 30 HOURS OF CONTINUING EDUCATION COURSES, CLINICS, LECTURES, 17 TRAINING PROGRAMS, SEMINARS, OR OTHER PROGRAMS RELATED TO LABORA- 18 TORY TESTING THAT ARE APPROVED BY THE BOARD. 19 (B) PROOF OF RECERTIFICATION BY A NATIONAL CERTIFICATION 20 AGENCY APPROVED BY THE BOARD. 21 (2) THE BOARD SHALL REQUIRE A CLINICAL LABORATORY ASSISTANT 22 SEEKING RENEWAL OF A LICENSE TO FURNISH EVIDENCE OF EITHER OF THE 23 FOLLOWING: 24 (A) THAT PERSON'S SUCCESSFUL COMPLETION, DURING THE 3 YEARS 25 IMMEDIATELY PRECEDING APPLICATION FOR RENEWAL, OF AT LEAST 26 10 HOURS OF CONTINUING EDUCATION COURSES, CLINICS, LECTURES, 00591'99 * 19 1 TRAINING PROGRAMS, SEMINARS, OR OTHER PROGRAMS APPROVED BY THE 2 BOARD. 3 (B) PROOF OF RECERTIFICATION BY A NATIONAL CERTIFYING AGENCY 4 APPROVED BY THE BOARD. 5 SEC. 18767. A LICENSE ISSUED UNDER THIS PART IS EFFECTIVE 6 FOR 3 YEARS. A LICENSEE SHALL NOT PERFORM AN ACT, TASK, OR FUNC- 7 TION WITHIN THE PRACTICE OF LABORATORY TESTING FOR WHICH HE OR 8 SHE IS NOT TRAINED. 9 SEC. 18769. THE SUPERVISION DESCRIBED IN SECTION 18755 MAY 10 BE PROVIDED BY AN ALLOPATHIC OR OSTEOPATHIC PHYSICIAN LICENSED 11 UNDER THIS ARTICLE AND PART 170 OR 175. 12 SEC. 18771. A COMMUNICATION BETWEEN A LICENSEE AND A CLIENT 13 AND A CLIENT'S LABORATORY TEST RESULTS ARE CONFIDENTIAL AND SHALL 14 NOT BE DISCLOSED TO A THIRD PARTY BY THE LICENSEE WITHOUT THE 15 CONSENT OF THE CLIENT OR EXCEPT AS OTHERWISE PROVIDED BY LAW. 16 FOR PURPOSES OF THIS SECTION, "THIRD PARTY" DOES NOT INCLUDE A 17 HEALTH CARE PROFESSIONAL LICENSED UNDER THIS ARTICLE WHO 18 REQUESTED THE LABORATORY TEST ON BEHALF OF THE CLIENT. 00591'99 * Final page. CPD