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HB-4728, As Passed House, June 23, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 4728
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 303a (MCL 339.303a), as amended by 2014 PA 265,
and by adding article 14A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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Sec. 303a. The term of office of a member of a board appointed
under this article shall commence commences on 1 of the following
dates, as applicable:
Accountancy July 1
Architects April 1
Barbers October 1
Collection agencies July 1
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Cosmetology January 1
Employment agencies October 1
Guardians and conservators July 1
Hearing aid dealers October 1
Land surveyors April 1
Landscape architects July 1
Mortuary science July 1
Professional engineers April 1
Real estate appraisers July 1
Real estate brokers and salespersons July 1
Residential builders April 1
Article 14A
Sec. 1410. As used in this article:
(a) "Conservator" means that term as defined in section 1103
of the estates and protected individuals code, 1998 PA 386, MCL
700.1103.
(b) "Department" means the department of licensing and
regulatory affairs.
(c) "Guardian" means that term as defined in section 1104 of
the estates and protected individuals code, 1998 PA 386, MCL
700.1104.
(d) "Professional conservator" means that term as defined in
section 1106 of the estates and protected individuals code, 1998 PA
386, MCL 700.1106.
(e) "Professional guardian" means that term as defined in
section 1106 of the estates and protected individuals code, 1998 PA
386, MCL 700.1106.
Sec. 1411. (1) Beginning 2 years after the effective date of
the amendatory act that added this section, the department shall
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license an individual as a professional guardian or professional
conservator who meets all of the following requirements:
(a) Submits a completed application to the department on a
form prescribed by the department.
(b) Pays an initial application fee or renewal application
fee, as applicable.
(c) Is 21 years of age or older.
(d) Submits a criminal background check under section 1413.
(e) Has not been convicted of a crime listed in section
1413(1).
(f) Has not been found liable in a civil action that involved
fraud, misrepresentation, misappropriation, theft, exploitation,
abuse, or conversion.
(g) Has not been removed as a guardian or conservator by the
court for an action involving fraud, misrepresentation,
misappropriation, theft, exploitation, abuse, or conversion.
(h) Has not been relieved of the responsibilities of a
guardian or conservator by an employer or client for an action
involving fraud, misrepresentation, misappropriation, theft,
exploitation, abuse, or conversion.
(i) Has graduated from an accredited high school or comparable
school or educational institution or passed the general educational
development test or other graduate equivalency examination.
(j) Passes and submits proof to the department of passage of
the Center for Guardianship Certification National Certified
Guardian Examination.
(k) Submits proof to the department of completion of other
educational requirements required by the Center for Guardianship
Certification, including a minimum of 20 hours of continuing
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education units in the 24 months preceding the submission of the
application, as offered by a state or national trade association
dedicated to the advancement of the guardianship profession.
(l) Submits proof to the department of coverage by professional
liability insurance, as the named insured or employee of the named
insured.
(2) The department shall issue a unique license number to an
individual licensed under this section.
(3) This license is valid for 36 months and subject to renewal
according to section 1412.
(4) Only an individual licensed under this section may
advertise that the individual is a licensed professional guardian
or licensed professional conservator.
(5) An individual licensed under this section who has been
found civilly liable or criminally convicted in an action that
involves fraud, misrepresentation, misappropriation, theft,
exploitation, abuse, or conversion shall report this finding or
conviction to the department and each probate court in which the
individual is currently serving as a professional guardian or
professional conservator within 30 days after conviction or finding
of civil liability.
(6) The department shall revoke the license of an individual
who does not meet the requirements under subsection (1).
(7) An individual denied a license or whose license has been
revoked by the department based on a criminal history check
conducted under section 1413 may appeal to the department if the
individual believes that the criminal history report is inaccurate,
and the appeal must be conducted as a contested case under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
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24.328.
(8) The department shall post on its website a list of
licensed professional guardians and licensed professional
conservators, and if applicable, their employer. The department
shall update the list each month.
(9) As used in this section, "department" means the department
of licensing and regulatory affairs.
Sec. 1412. Beginning 2 years after the effective date of the
amendatory act that added this chapter, the department shall renew
a license for a guardian or conservator if the guardian or
conservator, as applicable, does all of the following:
(a) Submits a completed renewal application to the department
on a form prescribed by the department.
(b) Pays a renewal fee.
(c) Submits proof of having completed 30 hours of continuing
education units in the previous 36-month period, as offered by a
state or national trade association dedicated to the advancement of
the guardianship profession.
(d) Submits a new background check as described in section
1413.
(e) Submits proof of valid professional liability insurance.
Sec. 1413. (1) Except as otherwise provided in subsection (2),
a professional guardian or professional conservator shall not
employ or independently contract with an individual who regularly
has direct access to or provides direct services to incapacitated
or protected individuals served by the professional guardian or
professional conservator, if the individual has been convicted of
any of the following:
(a) A relevant crime described under 42 USC 1320a-7(a).
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(b) Any of the following felonies or misdemeanors, an attempt
or conspiracy to commit any of those felonies or misdemeanors, or
any other state or federal crime that is similar to the felonies or
misdemeanors described in this subdivision:
(i) A felony or misdemeanor that involves the intent to cause
death or serious impairment of a body function, that results in
death or serious impairment of a body function, that involves the
use of force or violence, or that involves the threat of the use of
force or violence.
(ii) A felony or misdemeanor involving cruelty or torture.
(iii) A felony or misdemeanor under chapter XXA of the Michigan
penal code, 1931 PA 328, MCL 750.145m to 750.145r.
(iv) A felony or misdemeanor involving criminal sexual conduct.
(v) A felony or misdemeanor involving abuse or neglect.
(vi) Within the last 10 years, a felony or misdemeanor
involving the use of a firearm or dangerous weapon.
(vii) A felony or misdemeanor involving the diversion or
adulteration of a prescription drug or other medications.
(viii) A felony or misdemeanor involving fraud,
misrepresentation, misappropriation, theft, exploitation, or
conversion.
(ix) A felony or misdemeanor involving home invasion.
(x) A felony or misdemeanor involving embezzlement.
(xi) A felony or misdemeanor involving negligent homicide or a
violation of section 601d(1) of the Michigan vehicle code, 1949 PA
300, MCL 257.601d.
(xii) A felony or misdemeanor involving larceny.
(xiii) Within the last 10 years, any other misdemeanor involving
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assault, fraud, theft, or the possession or delivery of a
controlled substance, except marihuana-related offenses.
(2) Except as otherwise provided in this subsection or
subsection (5), a professional guardian or professional conservator
shall not employ or independently contract with an individual who
regularly has direct access to or provides direct services to
incapacitated or protected individuals served by the professional
guardian or professional conservator and an individual applicant
must not be licensed as a professional guardian or professional
conservator until the professional guardian, professional
conservator, or the individual applicant for a license has a
criminal history check conducted in compliance with this section or
has received criminal history record information in compliance with
subsections (3) and (10). This subsection and subsection (1) do not
apply to an individual who is under an independent contract with a
professional guardian or professional conservator if the individual
is not under the professional guardian's or professional
conservator's control and the services for which the individual is
contracted are not directly related to the provision of services to
an incapacitated or protected individual or if the services for
which the individual is contracted allow for direct access to the
incapacitated or protected individuals but are not performed on an
ongoing basis.
(3) An individual who applies for a license as a professional
guardian or professional conservator or employment either as an
employee or as an independent contractor for a professional
guardian or professional conservator and who has not been the
subject of a criminal history check conducted in compliance with
this section shall give written consent at the time of application
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for the department of state police to conduct a criminal history
check under this section, along with identification acceptable to
the department of state police. If the applicant has been the
subject of a criminal history check conducted in compliance with
this section, the applicant shall give written consent at the time
of application for the professional guardian or professional
conservator to obtain the criminal history record information as
prescribed in subsection (4) from the department and for the
department of state police to conduct a criminal history check
under this section if the requirements of subsection (10) are not
met and a request to the Federal Bureau of Investigation to make a
determination of the existence of any national criminal history
pertaining to the applicant is necessary, along with identification
acceptable to the department of state police. On receipt of the
written consent to obtain the criminal history record information
and identification required under this subsection, the professional
guardian or professional conservator that has made a good-faith
offer of employment or an independent contract to the applicant
shall request the criminal history record information from the
department and shall make a request regarding the applicant to the
department to conduct a check of all relevant registries in the
manner required in subsection (4). If the requirements of
subsection (10) are not met and a request to the Federal Bureau of
Investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is
necessary, the professional guardian or professional conservator
shall proceed in the manner required in subsection (4).
(4) On receipt of the written consent to conduct a criminal
history check and identification required under subsection (3), the
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professional guardian employer, professional conservator employer,
or the applicant for a license as a professional guardian or
professional conservator shall make a request to the department of
state police to conduct a criminal history check on the applicant,
to input the applicant's fingerprints into the automated
fingerprint identification system database, and to forward the
applicant's fingerprints to the Federal Bureau of Investigation.
The department of state police shall request the Federal Bureau of
Investigation to make a determination of the existence of any
national criminal history pertaining to the applicant. The
applicant shall provide the department of state police with a set
of fingerprints. The request must be made in a manner prescribed by
the department of state police. The professional guardian or
professional conservator shall make the written consent and
identification available to the department of state police. The
professional guardian or professional conservator shall make a
request regarding that applicant to the relevant licensing or
regulatory department to conduct a check of all relevant registries
established according to federal and state law and regulations for
any substantiated findings of abuse, neglect, or misappropriation
of property. If the department of state police or the Federal
Bureau of Investigation charges a fee for conducting the criminal
history check, the professional guardian employer, professional
conservator employer, or applicant for a license as a professional
guardian or professional conservator shall pay the cost of the
charge. The department of state police shall conduct a criminal
history check on the applicant named in the request. The department
of state police shall provide the department with a written report
of the criminal history check conducted under this subsection. The
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report must contain any criminal history record information on the
applicant maintained by the department of state police. The
department of state police shall provide the results of the Federal
Bureau of Investigation determination to the department within 30
days after the request is made. If criminal history record
information is disclosed on the written report of the criminal
history check or the Federal Bureau of Investigation determination
that resulted in a conviction, the department shall notify the
professional guardian employer, professional conservator employer,
or applicant for a license as a professional guardian or
professional conservator in writing of the type of crime disclosed
on the written report of the criminal history check or the Federal
Bureau of Investigation determination without disclosing the
details of the crime. Any charges imposed by the department of
state police or the Federal Bureau of Investigation for conducting
a criminal history check or making a determination under this
subsection must be paid in the manner required under this
subsection.
(5) If a professional guardian or professional conservator
determines it necessary to employ an applicant before receiving the
results of the applicant's criminal history check or criminal
history record information under this section, the professional
guardian or professional conservator may conditionally employ the
individual if all of the following apply:
(a) The professional guardian or professional conservator
requests the criminal history check or criminal history record
information under this section on conditionally employing the
individual.
(b) The individual signs a statement in writing that indicates
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all of the following:
(i) That the individual has not been convicted of 1 or more of
the crimes that are described in subsection (1)(a) and (b).
(ii) That the individual agrees that, if the information in the
criminal history check conducted under this section does not
confirm the individual's statement under subparagraph (i), the
individual's employment will be terminated by the professional
guardian or professional conservator as required under subsection
(1).
(iii) That the individual understands that the conditions
described in subparagraphs (i) and (ii) may result in the termination
of the individual's employment and that those conditions are good
cause for termination.
(c) Except as otherwise provided in this subdivision, the
professional guardian or professional conservator does not permit
the individual to have regular direct access to or provide direct
services to incapacitated individuals or protected individuals
served by the professional guardian or professional conservator
without supervision until the criminal history check or criminal
history record information is obtained and the individual is
eligible for that employment. If required under this subdivision,
the professional guardian or professional conservator shall provide
on-site supervision of an individual served by the professional
guardian or professional conservator on a conditional basis under
this subsection by an individual who has undergone a criminal
history check conducted in compliance with this section. A
professional guardian or professional conservator may permit an
individual in the professional guardian's or professional
conservator's employment on a conditional basis under this
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subsection to have regular direct access to or provide direct
services to incapacitated or protected individuals in the
professional guardian's or professional conservator's care without
supervision if all of the following conditions are met:
(i) The professional guardian or professional conservator, at
its own expense and before the individual has direct access to or
provides direct services to incapacitated individuals or protected
individuals of the professional guardian or professional
conservator, conducts a search of public records on that individual
through the internet criminal history access tool maintained by the
department of state police and the results of that search do not
uncover any information that would indicate that the individual is
not eligible to have regular direct access to or provide direct
services to incapacitated individuals or protected individuals
under this section.
(ii) Before the individual has direct access to or provides
direct services to incapacitated or protected individuals of the
professional guardian or professional conservator, the individual
signs a statement in writing that the individual has resided in
this state without interruption for at least the immediately
preceding 12-month period.
(iii) If applicable, the individual provides to the department
of state police a set of fingerprints on or before the expiration
of 10 business days following the date the individual was
conditionally employed under this subsection.
(6) The department shall develop and distribute a model form
for the statements required under subsection (5)(b) and (c). The
department shall make the model form available to professional
guardians and professional conservators on request at no charge.
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(7) If an individual is employed as a conditional employee
under subsection (5), and the information under subsection (3) or
report under subsection (4) does not confirm the individual's
statement under subsection (5)(b), the professional guardian or
professional conservator shall terminate the individual's
employment as required by subsection (1).
(8) An individual who knowingly provides false information
regarding the individual's identity, criminal convictions, or
substantiated findings on a statement described in subsection
(5)(b) is guilty of a misdemeanor punishable by imprisonment for
not more than 93 days or a fine of not more than $500.00, or both.
(9) A professional guardian or professional conservator shall
use criminal history record information obtained under subsection
(3) or (4) for only the purpose of evaluating an applicant's
qualifications for employment or an independent contract, in the
position for which the applicant has applied and for the purposes
of subsections (5) and (7). A professional guardian employer or
professional conservator employer shall not disclose criminal
history record information obtained under subsection (3) or (4) to
a person who is not directly involved in evaluating the applicant's
qualifications for employment or an independent contract. An
individual who knowingly uses or disseminates the criminal history
record information obtained under subsection (3) or (4) in
violation of this subsection is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more
than $1,000.00, or both. Except for a knowing or intentional
release of false information, a professional guardian employer or
professional conservator employer does not have liability in
connection with a criminal history check conducted in compliance
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with this section or the release of criminal history record
information under this subsection.
(10) On consent of an applicant as required in subsection (3)
and on request from a professional guardian employer or
professional conservator employer that has made a good-faith offer
of employment or an independent contract to the applicant, the
department shall review the criminal history record information, if
any, and notify the requesting professional guardian employer or
professional conservator employer of the information in the manner
prescribed in subsection (4). Until the department of state police
can participate with the Federal Bureau of Investigation's
automatic notification system similar to the system required of the
state police under subsection (13) and federal regulations allow
the federal criminal record to be used for subsequent authorized
uses, as determined in an order issued by the department, a
professional guardian or professional conservator may rely on the
criminal history record information provided by the department
under this subsection and a request to the Federal Bureau of
Investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is not
necessary if all of the following requirements are met:
(a) The criminal history check was conducted during the
immediately preceding 12-month period.
(b) The applicant has been continuously employed by the
professional guardian or professional conservator since the
criminal history check was conducted in compliance with this
section or meets the continuous employment requirement of this
subdivision other than being on layoff status for less than 1 year
from a professional guardian or professional conservator.
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(c) The applicant can provide evidence acceptable to the
department that the applicant has been a resident of this state for
the immediately preceding 12-month period.
(11) As a condition of continued employment, each employee,
independent contractor, or individual shall do each of the
following:
(a) Agree in writing to report to the professional guardian or
professional conservator immediately on being arraigned for 1 or
more of the criminal offenses listed in subsection (1)(a) and (b),
and on being convicted of 1 or more of the criminal offenses listed
in subsection (1)(a) and (b). Reporting of an arraignment under
this subdivision is not cause for termination or denial of
employment.
(b) If a set of fingerprints is not already on file with the
department of state police, provide the department of state police
with a set of fingerprints.
(12) The department of state police and the Federal Bureau of
Investigation shall store and retain all fingerprints submitted
under this section and provide for an automatic notification if
subsequent criminal information submitted into the system matches a
set of fingerprints previously submitted under this section. On
notification under this subsection, the department of state police
shall immediately notify the department and the department shall
immediately contact each professional guardian employer or
professional conservator employer with which that individual is
associated. Information in the database established 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
must not be disclosed to any person except for purposes of this act
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or for law enforcement purposes.
(13) The department shall maintain an electronic web-based
system to assist professional guardian employers and professional
conservator employers and applicants for a license as a
professional guardian employer or professional conservator employer
required to check relevant registries and conduct criminal history
checks of its employees and independent contractors, and to provide
for an automated notice to those professional guardian employers or
professional conservator employers for those individuals inputted
in the system who, since the initial criminal history check, have
been convicted of a disqualifying offense or have been the subject
of a substantiated finding of abuse, neglect, or misappropriation
of property. The department may charge a professional guardian
employer or professional conservator employer a 1-time set-up fee
of up to $100.00 for access to the electronic web-based system
under this section.
(14) As used in this section:
(a) "Convicted" means either of the following:
(i) For a crime that is not a relevant crime, a final
conviction, the payment of a fine, a plea of guilty or nolo
contendere if accepted by the court, or a finding of guilt for a
criminal law violation or a juvenile adjudication or disposition by
the juvenile division of probate court or family division of
circuit court for a violation that if committed by an adult would
be a crime.
(ii) For a relevant crime described under 42 USC 1320a-7(a),
convicted means that term as defined in 42 USC 1320a-7.
(b) "Criminal history check conducted in compliance with this
section" means a criminal history check conducted under this
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section.
(c) "Direct access" means access to an incapacitated
individual's or protected individual's financial information,
medical records, treatment information, or any other identifying
information.
(d) "Independent contract" means a contract entered into by a
professional guardian or professional conservator with an
individual who provides the contracted services independently for
the professional guardian or professional conservator.
(e) "Under the professional guardian's or professional
conservator's control" means an individual employed by or under
independent contract with a professional guardian or professional
conservator for whom the professional guardian or professional
conservator does both of the following:
(i) Determines whether the individual who has access to
incapacitated individuals or protected individuals may consent to
the care, treatment, or other similar support service functions to
incapacitated individuals or protected individuals served by the
professional guardian or professional conservator.
(ii) Directs or oversees 1 or more of the following:
(A) The policy or procedures the individual must follow in
performing the individual's duties.
(B) The tasks performed by the individual.
(C) The individual's work schedule.
(D) The supervision or evaluation of the individual's work or
job performance, including imposing discipline or granting
performance awards.
(E) The compensation the individual receives for performing
the individual's duties.
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(F) The conditions under which the individual performs the
individual's duties.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4959 (request no. H01902'25 a) of the 103rd
Legislature is enacted into law.