Sec. 16189b.
(1) An individual who is applying for an expedited license under the compact with a member board of this state shall submit 1 set of his or her fingerprints to the department of state police in order for the department of state police to conduct a criminal history check on the individual and to forward the individual's fingerprints to the Federal Bureau of Investigation for a national criminal history check. The individual shall submit with the application his or her written consent to the criminal history check described in this section and the submission of his or her fingerprints to, and the inclusion of his or her fingerprints in, the state and federal database systems described in subsection (4).
(2) The fingerprints required under subsection (1) may be taken by a law enforcement agency or any other person determined by the department of state police to be qualified to take fingerprints. The individual described in subsection (1) shall submit a fingerprint processing fee to the department in an amount required under section 3 of 1935 PA 120, MCL 28.273, and any costs imposed by the Federal Bureau of Investigation.
(3) The department of state police shall conduct a criminal history check on the individual described in subsection (1) and shall request the Federal Bureau of Investigation to make a determination of the existence of any national criminal history pertaining to the individual. The department of state police shall provide a member board of this state with a written report containing the criminal history record information of the individual who was the subject of the criminal history check conducted under this section.
(4) All of the following apply concerning fingerprints submitted to the department of state police under this section:
(a) The department of state police shall store and retain all fingerprints submitted under this section in an automated fingerprint identification system database that searches against latent fingerprints, and provides for an automatic notification if and when a subsequent fingerprint is submitted into the system that matches a set of fingerprints previously submitted under this section or if and when the criminal history of an individual whose fingerprints are retained in the system is updated. Upon receiving a notification, the department of state police shall immediately notify a member board of this state. Information in the database maintained under this subsection is confidential, is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any person except for purposes of this act or for law enforcement purposes.
(b) The department of state police shall forward all fingerprints submitted to it under this section to the Federal Bureau of Investigation for submission of those fingerprints into the FBI automatic notification system. This subdivision does not apply until the department of state police is a participant in the FBI automatic notification system. As used in this subdivision:
(i) "Automatic notification system" means a system that stores and retains fingerprints, and that provides for an automatic notification to a participant if and when a fingerprint is submitted into the system that matches an individual whose fingerprints are retained in the system or if and when the criminal history of an individual whose fingerprints are retained in the system is updated.
(ii) "FBI automatic notification system" means the automatic notification system that is maintained by the Federal Bureau of Investigation.
History: Add. 2018, Act 524, Eff. Mar. 28, 2019 Popular Name: Act 368
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 15 - Occupations (333.16101...333.18838)
368-1978-15-161 - Part 161 General Provisions (333.16101...333.16349)
Section 333.16103 - Definitions; a to C.
Section 333.16103a - “Committee” Defined.
Section 333.16104 - Definitions; D to G.
Section 333.16105 - Definitions; H.
Section 333.16105a - “Health Professional Recovery Program” Defined.
Section 333.16106 - Definitions; I to L.
Section 333.16106.amended - Definitions; I to L.
Section 333.16106a - Definitions.
Section 333.16107 - Definitions; P.
Section 333.16108 - Definitions; R.
Section 333.16109 - Definitions; S to U.
Section 333.16109a - “Treatment” or “Treatment Plan” Defined.
Section 333.16113 - Repealed. 2020, Act 245, Eff. June 30, 2021.
Section 333.16115 - Board Created as Successor to Former Board With Same or Similar Name.
Section 333.16122 - Board or Task Force; Terms.
Section 333.16123 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Section 333.16125 - Licensing Board; Membership.
Section 333.16126 - Registration Board; Membership.
Section 333.16131 - Repealed. 2006, Act 392, Imd. Eff. Sept. 27, 2006
Section 333.16132 - Expired. 1978, Act 368, Eff. Sept. 30, 1983.
Section 333.16134 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Section 333.16135 - Board, Committee, or Task Force; Qualifications of Members.
Section 333.16137 - Board, Committee, or Task Force; Compensation and Expenses of Members.
Section 333.16145 - Board or Task Force; Official Seal; Rules.
Section 333.16146 - Board; Granting License or Registration.
Section 333.16151-333.16156 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Section 333.16158 - Repealed. 1986, Act 77, Imd. Eff. Apr. 7, 1986.
Section 333.16163 - Task Force; Recommendations to Board.
Section 333.16166 - Committee; Term; Vacancy.
Section 333.16167 - Committee; Duties.
Section 333.16169 - Impairment of Health Professional; Transmitting Information; Determination.
Section 333.16170a - Confidentiality; Destruction of Records; Applicability of Subsection (3).
Section 333.16171 - License for Practice of Health Profession; Exemptions.
Section 333.16174a - Preliminary Determination; Procedure; Effect.
Section 333.16175 - License or Registration; Minimum Standards of Educational Prerequisites.
Section 333.16179 - Unlawful Conduct in Connection With Examination or Application.
Section 333.16182 - Limited Licenses; Issuance.
Section 333.16183 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Section 333.16184 - Special Volunteer License.
Section 333.16186 - Reciprocity; Requirements; Person Licensed as Respiratory Therapist in Canada.
Section 333.16189 - Interstate Medical Licensure Compact; Repeal.
Section 333.16190.added - Psychology Interjurisdictional Compact.
Section 333.16193 - Chemical Analysis; Implied Consent to Submit.
Section 333.16203 - Repealed. 1986, Act 174, Imd. Eff. July 7, 1986.
Section 333.16204b - Treatment of Pain; Enactment of Legislation.
Section 333.16208 - Expired. 1978, Act 368, Eff. Sept. 30, 1984.
Section 333.16213 - Retention of Records.
Section 333.16223 - Impairment of Licensee, Registrant, or Applicant; Report; Exception; Liability.
Section 333.16227 - Suspension or Revocation of License or Registration; Other Sanction or Action.
Section 333.16228 - Prescription of Controlled Substance; Investigation; Ad Hoc Review Panel.
Section 333.16232 - Hearings; Rules.
Section 333.16234 - Conduct of Hearings; Authority of Department.
Section 333.16235 - Subpoena; Prima Facie Evidence of Matters Recorded; Admissible Evidence.
Section 333.16236 - Mental or Physical Examination; Expense; Consent; Waiver.
Section 333.16238 - Confidentiality of Information; Compliance Conference Closed to Public.
Section 333.16245a - Permanent Revocation.
Section 333.16247 - Reinstatement of License or Issuance of Limited License; Requirements.
Section 333.16248 - Reinstatement of Registration; Requirements.
Section 333.16249 - Reclassification of Limited License; Requirements.
Section 333.16261 - Health Profession; Prohibited Use of Insignia, Title, Letter, Word, or Phrase.
Section 333.16263 - Repealed. 2006, Act 392, Imd. Eff. Sept. 27, 2006.
Section 333.16265 - Use of Terms “Doctor” or “dr.”.
Section 333.16266 - Compliance.
Section 333.16267 - HIV Infected Test Subject; Compliance Reporting Requirements; Definitions.
Section 333.16283 - Definitions.
Section 333.16284 - Telehealth Service; Consent Required; Exception.
Section 333.16285 - Telehealth Service; Prescribing Patient With Drug; Conditions; Requirements.
Section 333.16288 - MCL 333.16284 to 333.16287; Limitations.
Section 333.16291 - Violation; Injunctive Relief; Criminal Proceeding; Prosecution.
Section 333.16294 - Unlawful Conduct; Felony.
Section 333.16296 - Unlawful Conduct; Misdemeanor; Penalties.
Section 333.16299 - Violation as Misdemeanor; Penalties; Exception.
Section 333.16301 - Fees Generally.
Section 333.16305 - Examination Fee; Forfeiture; Reexamination Fee.
Section 333.16311 - Repealed. 1988, Act 462, Eff. Sept. 1, 1989.
Section 333.16317 - Fees; Limitation on Increase; Schedule.
Section 333.16317.amended - Fees; Limitation on Increase; Schedule.
Section 333.16321 - Chiropractor; Fees.
Section 333.16322 - Practice of Acupuncture; License Fees.
Section 333.16323 - Dentist, Dental Assistant, Dental Hygienist, Dental Therapist; Fees.
Section 333.16324 - Marriage and Family Therapy; License Fees.
Section 333.16325 - Medicine; Fees.
Section 333.16326 - Practice of Midwifery; License Fees.
Section 333.16328 - Nursing Home Administrator; Licensing Fees.
Section 333.16329 - Optometry; Fees.
Section 333.16331 - Osteopathic Medicine and Surgery; Fees.
Section 333.16333 - Pharmacy or Other Practices Regulated Under Part 177; Fees.
Section 333.16334 - Massage Therapist; Fees.
Section 333.16335 - Physical Therapy; Fees.
Section 333.16336 - Athletic Trainer; Fees.
Section 333.16337 - Physician's Assistant; Fees.
Section 333.16338 - Genetic Counselor; Fees.
Section 333.16339 - Podiatric Medicine; Fees.
Section 333.16341 - Counseling; Fees.
Section 333.16342 - Speech-Language Pathologist; Fees.
Section 333.16343 - Psychologist; Fees.
Section 333.16343.amended - Psychologist; Fees; Increase Limitations.
Section 333.16343a - Practice of Applied Behavior Analysis or Assistant Behavior Analyst; Fees.
Section 333.16344 - Respiratory Therapist; License Fees.
Section 333.16345 - Occupational Therapist or Occupational Therapist Assistant; Fees.
Section 333.16346 - Repealed. 2014, Act 267, Imd. Eff. July 1, 2014.
Section 333.16347 - Sanitarian; Fees.
Section 333.16349 - Veterinary Medicine or Veterinary Technician; Fees.