HB-5205, As Passed House, November 10, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5205
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 2004 PA 97, and by adding section 16322
and part 165.
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
3 vacancies, expire 4 years after appointment as follows:
4 Acupuncture June 30
5 Audiologists June 30
6 Nursing June 30
7 Nursing home administrator June 30
8 Optometry June 30
9 Pharmacy June 30
1 Podiatric medicine and surgery June 30
2 Dentistry June 30
3 Chiropractic December 31
4 Counseling June 30
5 Marriage and family therapy June 30
6 Medicine December 31
7 Occupational therapists December 31
8 Osteopathic medicine and surgery December 31
9 Physical therapy December 31
10 Psychology December 31
11 Respiratory care December 31
12 Social work December 31
13 Veterinary medicine December 31
14 Sec. 16263. (1) Except as provided in subsection (2), the
15 following words, titles, or letters or a combination thereof,
16 with or without qualifying words or phrases, are restricted in
17 use only to those persons authorized under this article to use
18 the terms and in a way prescribed in this article:
19 (a) "Chiropractic", "doctor of chiropractic", "chiropractor",
20 "d.c.", and "chiropractic physician".
21 (b) "Dentist", "doctor of dental surgery", "oral and
22 maxillofacial surgeon", "orthodontist", "prosthodontist",
23 "periodontist", "endodontist", "oral pathologist", "pediatric
24 dentist", "dental hygienist", "registered dental hygienist",
25 "dental assistant", "registered dental assistant", "r.d.a.",
26 "d.d.s.", "d.m.d.", and "r.d.h.".
27 (c) "Doctor of medicine" and "m.d.".
1 (d) "Physician's assistant" and "p.a.".
2 (e) "Registered professional nurse", "registered nurse",
3 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",
4 "nurse anesthetist", "nurse practitioner", "trained attendant",
5 and "t.a.".
6 (f) "Doctor of optometry", "optometrist", and "o.d.".
7 (g) "Osteopath", "osteopathy", "osteopathic practitioner",
8 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.".
9 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore",
10 "druggist", "medicine store", "prescriptions", and "r.ph.".
11 (i) "Physical therapy", "physical therapist",
12 "physiotherapist", "registered physical therapist", "licensed
13 physical therapist", "physical therapy technician", "p.t.",
14 "r.p.t.", "l.p.t.", and "p.t.t.".
15 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry",
16 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot
17 specialist", "podiatric physician and surgeon", and "d.p.m.".
18 (k) "Consulting psychologist", "psychologist", "psychological
19 assistant", "psychological examiner", "licensed psychologist",
20 and "limited licensed psychologist".
21 (l) "Licensed professional counselor", "licensed counselor",
22 "professional counselor", and "l.p.c.".
23 (m) "Sanitarian", "registered sanitarian", and "r.s.".
24 (n) Until July 1, 2005, "social worker", "certified social
25 worker", "social work technician", "s.w.", "c.s.w.", and
26 "s.w.t.". Beginning July 1, 2005, "social worker", "licensed
27 master's social worker", "licensed bachelor's social worker",
1 "registered social service technician", "social service
2 technician", "l.m.s.w.", "l.b.s.w.", and "r.s.s.t.".
3 (o) "Veterinary", "veterinarian", "veterinary doctor",
4 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",
5 "d.v.m.", "animal technician", or "animal technologist".
6 (p) "Occupational therapist", "occupational therapist
7 registered", "certified occupational therapist", "o.t.",
8 "o.t.r.", "c.o.t.", "certified occupational therapy assistant",
9 "occupational therapy assistant", or "c.o.t.a.".
10 (q) "Marriage advisor" or "marriage consultant"; "family
11 counselor", "family advisor", "family therapist", or "family
12 consultant"; "family guidance counselor", "family guidance
13 advisor", or "family guidance consultant"; "marriage guidance
14 counselor", "marriage guidance advisor", or "marriage guidance
15 consultant"; "family relations counselor"; "marriage relations
16 counselor", "marriage relations advisor", or "marriage relations
17 consultant"; "marital counselor" or "marital therapist"; "limited
18 licensed marriage and family therapist" or "limited licensed
19 marriage counselor"; "licensed marriage and family therapist" or
20 "licensed marriage counselor"; and "l.m.f.t.".
21 (r) "Nursing home administrator".
22 (s) "Respiratory therapist", "respiratory care practitioner",
23 "licensed respiratory therapist", "licensed respiratory care
24 practitioner", "r.t.", "r.c.p.", "l.r.t.", and "l.r.c.p.".
25 (t) "Audiometrist", "audiologist", "hearing therapist",
26 "hearing aid audiologist", "educational audiologist", "industrial
27 audiologist", and "clinical audiologist".
1 (u) "Acupuncturist", "certified acupuncturist", and
2 "registered acupuncturist".
3 (2) Notwithstanding section 16261, a person who was specially
4 trained at an institution of higher education in this state to
5 assist a physician in the field of orthopedics and upon
6 completion of training, received a 2-year associate of science
7 degree as an orthopedic physician's assistant before January 1,
8 1977, may use the title "orthopedic physician's assistant"
9 whether or not the person is licensed under this article.
10 Sec. 16322. Fees for a person registered or seeking
11 registration as an acupuncturist under part 165 are as follows:
12 (a) Application processing fee...................... $75.00
13 (b) Registration fee, per year...................... $150.00
14 PART 165.
15 Sec. 16501. (1) As used in this part:
16 (a) "Acupuncture" means the insertion and manipulation of
17 needles through the surface of the human body and the use of
18 related therapies at specific locations on the human body for the
19 prevention or correction of disease, injury, pain, or other
20 condition.
21 (b) "Acupuncturist" means an individual who practices
22 acupuncture and related therapies and is registered, or otherwise
23 authorized, under this part.
24 (2) In addition to the definitions in this part, article 1
25 contains general definitions and principles of construction
26 applicable to all articles in the code and part 161 contains
27 definitions applicable to this part.
1 Sec. 16511. (1) Except as otherwise provided under
2 subsection (2) or (3), after rules are promulgated under section
3 16145, an individual shall not use the title "acupuncturist",
4 "certified acupuncturist", or "registered acupuncturist" unless
5 he or she is registered under this part.
6 (2) A physician who is licensed under part 170 or 175 is not
7 subject to any provisions of this part.
8 (3) An individual who is certified by the national
9 acupuncture detoxification association is not subject to any
10 provisions of this part.
11 Sec. 16521. The Michigan board of acupuncture is created in
12 the department and shall consist of the following 8 voting
13 members who meet the requirements of part 161:
14 (a) Four acupuncturists. The members initially appointed
15 under this subdivision shall meet the requirements of section
16 16135.
17 (b) Three physicians licensed under part 170 or 175.
18 (c) One public member.
19 Sec. 16525. (1) The department, in consultation with the
20 board, shall promulgate rules setting forth the minimum standards
21 for registration as an acupuncturist. The department, in
22 consultation with the board, may adopt by reference the
23 professional standards issued by a certified program that is
24 recognized by the national commission for certifying agencies or
25 by a nationally recognized trade association.
26 (2) The department, in consultation with the board, shall not
27 promulgate rules under this section that diminish competition or
1 exceed the minimum level of regulation necessary to protect the
2 public.
3 Sec. 16529. This part does not require new or additional
4 third party reimbursement or mandated worker's compensation
5 benefits for services by an individual registered as an
6 acupuncturist under this part.