Read the full stored bill text
EMR S03073'25_SB0969_INTR_1 hxe2tm
SENATE BILL NO. 969
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 20173a and 20173b (MCL 333.20173a and
333.20173b), section 20173a as amended by 2017 PA 167 and section
20173b as amended by 2014 PA 66.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20173a. (1) Except as otherwise provided in subsection 1
(2), a covered facility shall not employ, independently contract 2
with, or grant clinical privileges to an individual who regularly 3
has direct access to or provides direct services to patients or 4
May 14, 2026, Introduced by Senator OUTMAN and referred to Committee on Health Policy.
2
EMR S03073'25_SB0969_INTR_1 hxe2tm
residents in the covered facility if the individual satisfies 1 or 1
more of the following: 2
(a) Has been convicted of a relevant crime described under 42 3
USC 1320a-7(a). 4
(b) Has been convicted of any of the following felonies, an 5
attempt or conspiracy to commit any of those felonies, or any other 6
state or federal crime that is similar to the felonies described in 7
this subdivision, other than a felony for a relevant crime 8
described under 42 USC 1320a-7(a), unless 15 years have lapsed 9
since the individual completed all of the terms and conditions of 10
his or her the individual's sentencing, parole, and probation for 11
that conviction before the date of application for employment or 12
clinical privileges or the date of the execution of the independent 13
contract: 14
(i) A felony that involves the intent to cause death or serious 15
impairment of a body function, that results in death or serious 16
impairment of a body function, that involves the use of force or 17
violence, or that involves the threat of the use of force or 18
violence. 19
(ii) A felony involving cruelty or torture. 20
(iii) A felony under chapter XXA of the Michigan penal code, 21
1931 PA 328, MCL 750.145m to 750.145r. 22
(iv) A felony involving criminal sexual conduct. 23
(v) A felony involving abuse or neglect. 24
(vi) A felony involving the use of a firearm or dangerous 25
weapon. 26
(vii) A felony involving the diversion or adulteration of a 27
prescription drug or other medications. 28
(c) Has been convicted of a felony or an attempt or conspiracy 29
3
EMR S03073'25_SB0969_INTR_1 hxe2tm
to commit a felony, other than a felony for a relevant crime 1
described under 42 USC 1320a-7(a) or a felony described under 2
subdivision (b), unless 10 years have lapsed since the individual 3
completed all of the terms and conditions of his or her the 4
individual's sentencing, parole, and probation for that conviction 5
prior to the date of application for employment or clinical 6
privileges or the date of the execution of the independent 7
contract. 8
(d) Has been convicted of any of the following misdemeanors, 9
other than a misdemeanor for a relevant crime described under 42 10
USC 1320a-7(a), or a state or federal crime that is substantially 11
similar to the misdemeanors described in this subdivision, within 12
the 10 years immediately preceding the date of application for 13
employment or clinical privileges or the date of the execution of 14
the independent contract: 15
(i) A misdemeanor involving the use of a firearm or dangerous 16
weapon with the intent to injure, the use of a firearm or dangerous 17
weapon that results in a personal injury, or a misdemeanor 18
involving the use of force or violence or the threat of the use of 19
force or violence. 20
(ii) A misdemeanor under chapter XXA of the Michigan penal 21
code, 1931 PA 328, MCL 750.145m to 750.145r. 22
(iii) A misdemeanor involving criminal sexual conduct. 23
(iv) A misdemeanor involving cruelty or torture unless 24
otherwise provided under subdivision (e). 25
(v) A misdemeanor involving abuse or neglect. 26
(e) Has been convicted of any of the following misdemeanors, 27
other than a misdemeanor for a relevant crime described under 42 28
USC 1320a-7(a), or a state or federal crime that is substantially 29
4
EMR S03073'25_SB0969_INTR_1 hxe2tm
similar to the misdemeanors described in this subdivision, within 1
the 5 years immediately preceding the date of application for 2
employment or clinical privileges or the date of the execution of 3
the independent contract: 4
(i) A misdemeanor involving cruelty if committed by an 5
individual who is less than 16 years of age. 6
(ii) A misdemeanor involving home invasion. 7
(iii) A misdemeanor involving embezzlement. 8
(iv) A misdemeanor involving negligent homicide or a violation 9
of section 601d(1) of the Michigan vehicle code, 1949 PA 300, MCL 10
257.601d. 11
(v) A misdemeanor involving larceny unless otherwise provided 12
under subdivision (g). 13
(vi) A misdemeanor of retail fraud in the second degree unless 14
otherwise provided under subdivision (g). 15
(vii) Any other misdemeanor involving assault, fraud, theft, or 16
the possession or delivery of a controlled substance unless 17
otherwise provided under subdivision (d), (f), or (g). 18
(f) Has been convicted of any of the following misdemeanors, 19
other than a misdemeanor for a relevant crime described under 42 20
USC 1320a-7(a), or a state or federal crime that is substantially 21
similar to the misdemeanors described in this subdivision, within 22
the 3 years immediately preceding the date of application for 23
employment or clinical privileges or the date of the execution of 24
the independent contract: 25
(i) A misdemeanor for assault if there was no use of a firearm 26
or dangerous weapon and no intent to commit murder or inflict great 27
bodily injury. 28
(ii) A misdemeanor of retail fraud in the third degree unless 29
5
EMR S03073'25_SB0969_INTR_1 hxe2tm
otherwise provided under subdivision (g). 1
(iii) A misdemeanor under part 74 unless otherwise provided 2
under subdivision (g). 3
(g) Has been convicted of any of the following misdemeanors, 4
other than a misdemeanor for a relevant crime described under 42 5
USC 1320a-7(a), or a state or federal crime that is substantially 6
similar to the misdemeanors described in this subdivision, within 7
the year immediately preceding the date of application for 8
employment or clinical privileges or the date of the execution of 9
the independent contract: 10
(i) A misdemeanor under part 74 if the individual, at the time 11
of conviction, is under the age of 18. 12
(ii) A misdemeanor for larceny or retail fraud in the second or 13
third degree if the individual, at the time of conviction, is under 14
the age of 16. 15
(h) Is the subject of an order or disposition under section 16
16b of chapter IX of the code of criminal procedure, 1927 PA 175, 17
MCL 769.16b. 18
(i) Engages in conduct that becomes the subject of a 19
substantiated finding of neglect, abuse, or misappropriation of 20
property by a state or federal agency under an investigation 21
conducted in accordance with 42 USC 1395i-3 or 1396r. 22
(2) Except as otherwise provided in this subsection or 23
subsection (5), a covered facility shall not employ, independently 24
contract with, or grant privileges to an individual who regularly 25
has direct access to or provides direct services to patients or 26
residents in the covered facility until the covered facility or 27
staffing agency has a criminal history check conducted in 28
compliance with this section or has received criminal history 29
6
EMR S03073'25_SB0969_INTR_1 hxe2tm
record information in compliance with subsections (3) and (10). 1
This subsection and subsection (1) do not apply to any of the 2
following: 3
(a) An individual who is employed by, under independent 4
contract to, or granted clinical privileges in a covered facility 5
before April 1, 2006. On or before April 1, 2011, an individual who 6
is exempt under this subdivision and who has not been the subject 7
of a criminal history check conducted in compliance with this 8
section shall provide the department of state police with a set of 9
fingerprints and the department of state police shall input those 10
fingerprints into the automated fingerprint identification system 11
database established under subsection (13). An individual who is 12
exempt under this subdivision is not limited to working within the 13
covered facility with which he or she the individual is employed 14
by, under independent contract to, or granted clinical privileges 15
on April 1, 2006 but may transfer to another covered facility, 16
adult foster care facility, or mental health facility. If an 17
individual who is exempt under this subdivision is subsequently 18
convicted of a crime described under subsection (1)(a) to (g) or 19
found to be the subject of a substantiated finding described under 20
subsection (1)(i) or an order or disposition described under 21
subsection (1)(h), or is found to have been convicted of a relevant 22
crime described under 42 USC 1320a-7(a), then he or she the 23
individual is no longer exempt and shall must be terminated from 24
employment or denied employment or clinical privileges. 25
(b) An individual who is under an independent contract with a 26
covered facility if he or she the individual is not under the 27
facility's control and the services for which he or she the 28
individual is contracted are not directly related to the provision 29
7
EMR S03073'25_SB0969_INTR_1 hxe2tm
of services to a patient or resident or if the services for which 1
he or she the individual is contracted allow for direct access to 2
the patients or residents but are not performed on an ongoing 3
basis. This exception includes, but is not limited to, an 4
individual who is under an independent contract with the covered 5
facility to provide utility, maintenance, construction, or 6
communications services. 7
(3) An individual who applies for employment either as an 8
employee or as an independent contractor or for clinical privileges 9
with a staffing agency or covered facility and who has not been the 10
subject of a criminal history check conducted in compliance with 11
this section shall give written consent at the time of application 12
for the department of state police to conduct a criminal history 13
check under this section, along with identification acceptable to 14
the department of state police. If the applicant has been the 15
subject of a criminal history check conducted in compliance with 16
this section, the applicant shall give written consent at the time 17
of application for the covered facility or staffing agency to 18
obtain the criminal history record information as prescribed in 19
subsection (4) from the relevant licensing or regulatory department 20
and for the department of state police to conduct a criminal 21
history check under this section if the requirements of subsection 22
(10) are not met and a request to the Federal Bureau of 23
Investigation to make a determination of the existence of any 24
national criminal history pertaining to the applicant is necessary, 25
along with identification acceptable to the department of state 26
police. Upon receipt of the written consent to obtain the criminal 27
history record information and identification required under this 28
subsection, the staffing agency or covered facility that has made a 29
8
EMR S03073'25_SB0969_INTR_1 hxe2tm
good faith good-faith offer of employment or an independent 1
contract or clinical privileges to the applicant shall request the 2
criminal history record information from the relevant licensing or 3
regulatory department and shall make a request regarding that 4
applicant to the relevant licensing or regulatory department to 5
conduct a check of all relevant registries in the manner required 6
in subsection (4). If the requirements of subsection (10) are not 7
met and a request to the Federal Bureau of Investigation to make a 8
subsequent determination of the existence of any national criminal 9
history pertaining to the applicant is necessary, the covered 10
facility or staffing agency shall proceed in the manner required in 11
subsection (4). A staffing agency that employs an individual who 12
regularly has direct access to or provides direct services to 13
patients or residents under an independent contract with a covered 14
facility shall submit information regarding the criminal history 15
check conducted by the staffing agency to the covered facility that 16
has made a good faith good-faith offer of independent contract to 17
that applicant. 18
(4) Upon receipt of the written consent to conduct a criminal 19
history check and identification required under subsection (3), a 20
staffing agency or covered facility that has made a good faith 21
good-faith offer of employment or an independent contract or 22
clinical privileges to the applicant shall make a request to the 23
department of state police to conduct a criminal history check on 24
the applicant, to input the applicant's fingerprints into the 25
automated fingerprint identification system database, and to 26
forward the applicant's fingerprints to the Federal Bureau of 27
Investigation. The department of state police shall request the 28
Federal Bureau of Investigation to make a determination of the 29
9
EMR S03073'25_SB0969_INTR_1 hxe2tm
existence of any national criminal history pertaining to the 1
applicant. The applicant shall provide the department of state 2
police with a set of fingerprints. The request shall must be made 3
in a manner prescribed by the department of state police. The 4
staffing agency or covered facility shall make the written consent 5
and identification available to the department of state police. The 6
staffing agency or covered facility shall make a request regarding 7
that applicant to the relevant licensing or regulatory department 8
to conduct a check of all relevant registries established according 9
to federal and state law and regulations for any substantiated 10
findings of abuse, neglect, or misappropriation of property. If the 11
department of state police or the Federal Bureau of Investigation 12
charges a fee for conducting the criminal history check, the 13
staffing agency or covered facility shall pay the cost of the 14
charge. Except as otherwise provided in this subsection, if the 15
department of state police or the Federal Bureau of Investigation 16
charges a fee for conducting the criminal history check, the 17
department shall pay the cost of or reimburse the charge for a 18
covered facility that is a home for the aged. After October 1, 19
2018, if the department of state police or the Federal Bureau of 20
Investigation charges a fee for conducting the criminal history 21
check, the department shall pay the cost of the charge up to 40 22
criminal history checks per year for a covered facility that is a 23
home for the aged with fewer than 100 beds and 50 criminal history 24
checks per year for a home for the aged with 100 beds or more. The 25
staffing agency or covered facility shall not seek reimbursement 26
for a charge imposed by the department of state police or the 27
Federal Bureau of Investigation from the individual who is the 28
subject of the criminal history check. A prospective employee or a 29
10
EMR S03073'25_SB0969_INTR_1 hxe2tm
prospective independent contractor covered under this section may 1
not be charged for the cost of a criminal history check required 2
under this section. The department of state police shall conduct a 3
criminal history check on the applicant named in the request. The 4
department of state police shall provide the department with a 5
written report of the criminal history check conducted under this 6
subsection. The report shall must contain any criminal history 7
record information on the applicant maintained by the department of 8
state police. The department of state police shall provide the 9
results of the Federal Bureau of Investigation determination to the 10
department within 30 days after the request is made. If the 11
requesting staffing agency or covered facility is not a state 12
department or agency and if criminal history record information is 13
disclosed on the written report of the criminal history check or 14
the Federal Bureau of Investigation determination that resulted in 15
a conviction, the department shall notify the staffing agency or 16
covered facility and the applicant in writing of the type of crime 17
disclosed on the written report of the criminal history check or 18
the Federal Bureau of Investigation determination without 19
disclosing the details of the crime. Any charges imposed by the 20
department of state police or the Federal Bureau of Investigation 21
for conducting a criminal history check or making a determination 22
under this subsection shall must be paid in the manner required 23
under this subsection. The notice shall must include a statement 24
that the applicant has a right to appeal the information relied 25
upon by the staffing agency or covered facility in making its 26
decision regarding his or her the individual's employment 27
eligibility based on the criminal history check. The notice shall 28
must also include information regarding where to file and 29
11
EMR S03073'25_SB0969_INTR_1 hxe2tm
describing the appellate procedures established under section 1
20173b. 2
(5) If a covered facility determines it necessary to employ or 3
grant clinical privileges to an applicant before receiving the 4
results of the applicant's criminal history check or criminal 5
history record information under this section, the covered facility 6
may conditionally employ or grant conditional clinical privileges 7
to the individual if all of the following apply: 8
(a) The covered facility requests the criminal history check 9
or criminal history record information under this section upon 10
conditionally employing or conditionally granting clinical 11
privileges to the individual. 12
(b) The individual signs a statement in writing that indicates 13
all of the following: 14
(i) That he or she the individual has not been convicted of 1 15
or more of the crimes that are described in subsection (1)(a) to 16
(g) within the applicable time period prescribed by each 17
subdivision respectively. 18
(ii) That he or she the individual is not the subject of an 19
order or disposition described in subsection (1)(h). 20
(iii) That he or she the individual has not been the subject of 21
a substantiated finding as described in subsection (1)(i). 22
(iv) That he or she the individual agrees that, if the 23
information in the criminal history check conducted under this 24
section does not confirm the individual's statements under 25
subparagraphs (i) to (iii), his or her the individual's employment or 26
clinical privileges will be terminated by the covered facility as 27
required under subsection (1) unless and until the individual 28
appeals and can prove that the information is incorrect. 29
12
EMR S03073'25_SB0969_INTR_1 hxe2tm
(v) That he or she the individual understands that the 1
conditions described in subparagraphs (i) to (iv) may result in the 2
termination of his or her the individual's employment or clinical 3
privileges and that those conditions are good cause for 4
termination. 5
(c) Except as otherwise provided in this subdivision, the 6
covered facility does not permit the individual to have regular 7
direct access to or provide direct services to patients or 8
residents in the covered facility without supervision until the 9
criminal history check or criminal history record information is 10
obtained and the individual is eligible for that employment or 11
clinical privileges. If required under this subdivision, the 12
covered facility shall provide on-site supervision of an individual 13
in the covered facility on a conditional basis under this 14
subsection by an individual who has undergone a criminal history 15
check conducted in compliance with this section. A covered facility 16
may permit an individual in the covered facility on a conditional 17
basis under this subsection to have regular direct access to or 18
provide direct services to patients or residents in the covered 19
facility without supervision if all of the following conditions are 20
met: 21
(i) The covered facility, at its own expense and before the 22
individual has direct access to or provides direct services to 23
patients or residents of the covered facility, conducts a search of 24
public records on that individual through the internet criminal 25
history access tool maintained by the department of state police 26
and the results of that search do not uncover any information that 27
would indicate that the individual is not eligible to have regular 28
direct access to or provide direct services to patients or 29
13
EMR S03073'25_SB0969_INTR_1 hxe2tm
residents under this section. 1
(ii) Before the individual has direct access to or provides 2
direct services to patients or residents of the covered facility, 3
the individual signs a statement in writing that he or she the 4
individual has resided in this state without interruption for at 5
least the immediately preceding 12-month period. 6
(iii) If applicable, the individual provides to the department 7
of state police a set of fingerprints on or before the expiration 8
of 10 business days following the date the individual was 9
conditionally employed or granted conditional clinical privileges 10
under this subsection. 11
(6) The department shall develop and distribute a model form 12
for the statements required under subsection (5)(b) and (c). The 13
department shall make the model form available to covered 14
facilities upon request at no charge. 15
(7) If an individual is employed as a conditional employee or 16
is granted conditional clinical privileges under subsection (5), 17
and the information under subsection (3) or report under subsection 18
(4) does not confirm the individual's statement under subsection 19
(5)(b)(i) to (iii), the covered facility shall terminate the 20
individual's employment or clinical privileges as required by 21
subsection (1). 22
(8) An individual who knowingly provides false information 23
regarding his or her the individual's identity, criminal 24
convictions, or substantiated findings on a statement described in 25
subsection (5)(b)(i) to (iii) is guilty of a misdemeanor punishable 26
by imprisonment for not more than 93 days or a fine of not more 27
than $500.00, or both. 28
(9) A staffing agency or covered facility shall use criminal 29
14
EMR S03073'25_SB0969_INTR_1 hxe2tm
history record information obtained under subsection (3) or (4) 1
only for the purpose of evaluating an applicant's qualifications 2
for employment, an independent contract, or clinical privileges in 3
the position for which he or she the applicant has applied and for 4
the purposes of subsections (5) and (7). A staffing agency or 5
covered facility or an employee of the staffing agency or covered 6
facility shall not disclose criminal history record information 7
obtained under subsection (3) or (4) to a person who is not 8
directly involved in evaluating the applicant's qualifications for 9
employment, an independent contract, or clinical privileges. An 10
individual who knowingly uses or disseminates the criminal history 11
record information obtained under subsection (3) or (4) in 12
violation of this subsection is guilty of a misdemeanor punishable 13
by imprisonment for not more than 93 days or a fine of not more 14
than $1,000.00, or both. Except for a knowing or intentional 15
release of false information, a staffing agency or covered facility 16
has no liability in connection with a criminal history check 17
conducted in compliance with this section or the release of 18
criminal history record information under this subsection. 19
(10) Upon consent of an applicant as required in subsection 20
(3) and upon request from a staffing agency or covered facility 21
that has made a good faith good-faith offer of employment or an 22
independent contract or clinical privileges to the applicant, the 23
relevant licensing or regulatory department shall review the 24
criminal history record information, if any, and notify the 25
requesting staffing agency or covered facility of the information 26
in the manner prescribed in subsection (4). Until the department of 27
state police can participate with the Federal Bureau of 28
Investigation's automatic notification system similar to the system 29
15
EMR S03073'25_SB0969_INTR_1 hxe2tm
required of the state police under subsection (13) and federal 1
regulations allow the federal criminal record to be used for 2
subsequent authorized uses, as determined in an order issued by the 3
department, a staffing agency or covered facility may rely on the 4
criminal history record information provided by the relevant 5
licensing or regulatory department under this subsection and a 6
request to the Federal Bureau of Investigation to make a subsequent 7
determination of the existence of any national criminal history 8
pertaining to the applicant is not necessary if all of the 9
following requirements are met: 10
(a) The criminal history check was conducted during the 11
immediately preceding 12-month period. 12
(b) The applicant has been continuously employed by the 13
staffing agency or a covered facility, adult foster care facility, 14
or mental health facility since the criminal history check was 15
conducted in compliance with this section or meets the continuous 16
employment requirement of this subdivision other than being on 17
layoff status for less than 1 year from a covered facility, adult 18
foster care facility, or mental health facility. 19
(c) The applicant can provide evidence acceptable to the 20
relevant licensing or regulatory department that he or she the 21
applicant has been a resident of this state for the immediately 22
preceding 12-month period. 23
(11) As a condition of continued employment, each employee, 24
independent contractor, or individual granted clinical privileges 25
shall do each of the following: 26
(a) Agree in writing to report to the staffing agency or 27
covered facility immediately upon being arraigned for 1 or more of 28
the criminal offenses listed in subsection (1)(a) to (g), upon 29
16
EMR S03073'25_SB0969_INTR_1 hxe2tm
being convicted of 1 or more of the criminal offenses listed in 1
subsection (1)(a) to (g), upon becoming the subject of an order or 2
disposition described under subsection (1)(h), and upon being the 3
subject of a substantiated finding of neglect, abuse, or 4
misappropriation of property as described in subsection (1)(i). 5
Reporting of an arraignment under this subdivision is not cause for 6
termination or denial of employment. 7
(b) If a set of fingerprints is not already on file with the 8
department of state police, provide the department of state police 9
with a set of fingerprints. 10
(12) In addition to sanctions set forth in section 20165, a 11
licensee, owner, administrator, or operator of a staffing agency or 12
covered facility who knowingly and willfully fails to conduct the 13
criminal history checks as required under this section is guilty of 14
a misdemeanor punishable by imprisonment for not more than 1 year 15
or a fine of not more than $5,000.00, or both. 16
(13) The department of state police and the Federal Bureau of 17
Investigation shall store and retain all fingerprints submitted 18
under this section and provide for an automatic notification if and 19
when subsequent criminal information submitted into the system 20
matches a set of fingerprints previously submitted under this 21
section. Upon such notification, the department of state police 22
shall immediately notify the department and the department shall 23
immediately contact each respective staffing agency or covered 24
facility with which that individual is associated. Information in 25
the database established under this subsection is confidential, is 26
not subject to disclosure under the freedom of information act, 27
1976 PA 442, MCL 15.231 to 15.246, and shall must not be disclosed 28
to any person except for purposes of this act or for law 29
17
EMR S03073'25_SB0969_INTR_1 hxe2tm
enforcement purposes. 1
(14) The department shall maintain an electronic web-based 2
system to assist staffing agencies and covered facilities required 3
to check relevant registries and conduct criminal history checks of 4
its employees, independent contractors, and individuals granted 5
privileges and to provide for an automated notice to those staffing 6
agencies and covered facilities for those individuals inputted in 7
the system who, since the initial criminal history check, have been 8
convicted of a disqualifying offense or have been the subject of a 9
substantiated finding of abuse, neglect, or misappropriation of 10
property. The department may charge a staffing agency a 1-time set-11
up fee of up to $100.00 for access to the electronic web-based 12
system under this section. 13
(15) As used in this section: 14
(a) "Adult foster care facility" means an adult foster care 15
facility licensed under the adult foster care facility licensing 16
act, 1979 PA 218, MCL 400.701 to 400.737. 17
(b) "Convicted" means either of the following: 18
(i) For a crime that is not a relevant crime, a final 19
conviction, the payment of a fine, a plea of guilty or nolo 20
contendere if accepted by the court, or a finding of guilt for a 21
criminal law violation or a juvenile adjudication or disposition by 22
the juvenile division of probate court or family division of 23
circuit court for a violation that if committed by an adult would 24
be a crime. 25
(ii) For a relevant crime described under 42 USC 1320a-7(a), 26
convicted means that term as defined in 42 USC 1320a-7. 27
(c) "Covered facility" means a health facility or agency that 28
is a nursing home, county medical care facility, hospice, hospital 29
18
EMR S03073'25_SB0969_INTR_1 hxe2tm
that provides swing bed services, home for the aged, or home health 1
agency. 2
(d) "Criminal history check conducted in compliance with this 3
section" includes a criminal history check conducted under this 4
section, under section 134a of the mental health code, 1974 PA 258, 5
MCL 330.1134a, or under section 34b of the adult foster care 6
facility licensing act, 1979 PA 218, MCL 400.734b. 7
(e) "Direct access" means access to a patient or resident or 8
to a patient's or resident's property, financial information, 9
medical records, treatment information, or any other identifying 10
information. 11
(f) "Home health agency" means a person certified by Medicare 12
whose business is to provide to individuals in their places of 13
residence other than in a hospital, nursing home, or county medical 14
care facility 1 or more of the following services: 15
(i) nursing Nursing services. , therapeutic 16
(ii) Therapeutic services. , social 17
(iii) Social work services. , homemaker 18
(iv) Homemaker services. , home 19
(v) Home health aide services. , or other 20
(vi) Other related services. 21
(g) "Independent contract" means a contract entered into by a 22
covered facility with an individual who provides the contracted 23
services independently or a contract entered into by a covered 24
facility with a staffing agency that complies with the requirements 25
of this section to provide the contracted services to the covered 26
facility on behalf of the staffing agency. 27
(h) "Medicare" means benefits under the federal Medicare 28
program established under title XVIII of the social security act, 29
19
EMR S03073'25_SB0969_INTR_1 hxe2tm
42 USC 1395 to 1395lll.1395mmm. 1
(i) "Mental health facility" means a psychiatric facility or 2
other facility defined in 42 USC 1396d(d) as described under the 3
mental health code, 1974 PA 258, MCL 330.1001 to 330.2106. 4
(j) "Staffing agency" means an entity that recruits candidates 5
and provides temporary and permanent qualified staffing for covered 6
facilities, including independent contractors. 7
(k) "Under the facility's control" means an individual 8
employed by or under independent contract with a covered facility 9
for whom the covered facility does both of the following: 10
(i) Determines whether the individual who has access to 11
patients or residents may provide care, treatment, or other similar 12
support service functions to patients or residents served by the 13
covered facility. 14
(ii) Directs or oversees 1 or more of the following: 15
(A) The policy or procedures the individual must follow in 16
performing his or her the individual's duties. 17
(B) The tasks performed by the individual. 18
(C) The individual's work schedule. 19
(D) The supervision or evaluation of the individual's work or 20
job performance, including imposing discipline or granting 21
performance awards. 22
(E) The compensation the individual receives for performing 23
his or her the individual's duties. 24
(F) The conditions under which the individual performs his or 25
her the individual's duties. 26
Sec. 20173b. (1) An individual who has been disqualified from 27
or denied employment by a health facility or agency that is a 28
nursing home, county medical care facility, hospice, hospital that 29
20
EMR S03073'25_SB0969_INTR_1 hxe2tm
provides swing bed services, home for the aged, or home health 1
agency or by a psychiatric facility or other facility defined in 42 2
USC 1396d(d) based on a criminal history check conducted pursuant 3
to section 20173 or 20173a or pursuant to section 134a of the 4
mental health code, 1974 PA 258, MCL 330.1134a, respectively, may 5
appeal to the department if he or she the individual believes that 6
the criminal history report is inaccurate, and the appeal shall 7
must be conducted as a contested case hearing pursuant to the 8
administrative procedures act of 1969. The individual shall file 9
the appeal with the director of the department within 15 business 10
days after receiving the written report of the criminal history 11
check unless the conviction contained in the criminal history 12
report is one that may be expunged or set aside. If an individual 13
has been disqualified or denied employment based on a conviction 14
that may be expunged or set aside, then he or she the individual 15
shall file the appeal on a form provided by the department within 16
15 business days after a court order granting or denying his or her 17
the individual's application to expunge or set aside that 18
conviction is granted. If the order is granted and the conviction 19
is expunged or set aside, then the individual shall must not be 20
disqualified or denied employment based solely on that conviction. 21
The director shall review the appeal and issue a written decision 22
within 30 business days after receiving the appeal. The decision of 23
the director is final. 24
(2) Beginning February 17, 2007 and each year thereafter for 25
the next 3 years, the department shall provide the legislature with 26
a written report regarding the appeals process implemented under 27
this section for employees subject to criminal history checks. The 28
report shall include, but is not limited to, for the immediately 29
21
Final Page
EMR S03073'25_SB0969_INTR_1 hxe2tm
preceding year the number of applications for appeal received, the 1
number of inaccuracies found and appeals granted with regard to the 2
criminal history checks conducted under section 20173a, the average 3
number of days necessary to complete the appeals process for each 4
appeal, and the number of appeals rejected without a hearing and a 5
brief explanation of the denial. 6
(2) (3) As used in this section, "business day" means a day 7
other than a Saturday, Sunday, or any legal holiday. 8
Enacting section 1. This amendatory act does not take effect 9
unless Senate Bill No. ____ (request no. S03074'25) or House Bill 10
No. ____ (request no. H03074'25) of the 103rd Legislature is 11
enacted into law. 12