SB 970

SENATE BILL NO. 970
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 134a (MCL 330.1134a), as amended by
2014 PA 72.
the people of the state of michigan enact:
Sec. 134a. (1) Except as otherwise
provided in subsection (2), a psychiatric facility or other facility defined in
42 USC 1396d(d) shall not employ, independently contract with, or grant
clinical privileges to an individual who regularly has direct access to or
provides direct services to patients or residents in the psychiatric facility
or other facility defined in 42 USC 1396d(d) if the individual satisfies 1 or
more of the following:
(a) Has been
convicted of a relevant crime described under 42 USC 1320a-7(a).
(b) Has been
convicted of any of the following felonies, an attempt or conspiracy to commit
any of those felonies, or any other state or federal crime that is similar to
the felonies described in this subdivision, other than a felony for a relevant
crime described under 42 USC 1320a-7(a), unless 15 years have lapsed since the
individual completed all of the terms and conditions of his or her the
individual's sentencing, parole, and probation for that conviction prior to before the
date of application for employment or clinical privileges or the date of the
execution of the independent contract:
(i) A felony 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 involving cruelty or torture.
(iii) A felony under chapter XXA of the
Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
(iv) A felony involving criminal sexual
conduct.
(v) A felony involving abuse or neglect.
(vi) A felony involving the use of a firearm
or dangerous weapon.
(vii) A felony involving the diversion or
adulteration of a prescription drug or other medications.
(c) Has been
convicted of a felony or an attempt or conspiracy to commit a felony, other
than a felony for a relevant crime described under 42 USC 1320a-7(a) or a
felony described under subdivision (b), unless 10 years have lapsed since the
individual completed all of the terms and conditions of his or her the
individual's sentencing, parole, and probation for that conviction prior to before the
date of application for employment or clinical privileges or the date of the
execution of the independent contract.
(d) Has been
convicted of any of the following misdemeanors, other than a misdemeanor for a
relevant crime described under 42 USC 1320a-7(a), or a state or federal crime
that is substantially similar to the misdemeanors described in this
subdivision, within the 10 years immediately preceding the date of application
for employment or clinical privileges or the date of the execution of the
independent contract:
(i) A misdemeanor involving the use of a
firearm or dangerous weapon with the intent to injure, the use of a firearm or
dangerous weapon that results in a personal injury, or a misdemeanor involving
the use of force or violence or the threat of the use of force or violence.
(ii) A misdemeanor under chapter XXA of the
Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
(iii) A misdemeanor involving criminal sexual
conduct.
(iv) A misdemeanor involving cruelty or
torture unless otherwise provided under subdivision (e).
(v) A misdemeanor involving abuse or
neglect.
(e) Has been
convicted of any of the following misdemeanors, other than a misdemeanor for a
relevant crime described under 42 USC 1320a-7(a), or a state or federal crime
that is substantially similar to the misdemeanors described in this
subdivision, within the 5 years immediately preceding the date of application
for employment or clinical privileges or the date of the execution of the
independent contract:
(i) A misdemeanor involving cruelty if
committed by an individual who is less than 16 years of age.
(ii) A misdemeanor involving home invasion.
(iii) A misdemeanor involving embezzlement.
(iv) A misdemeanor involving negligent
homicide or a violation of section 601d(1) of the Michigan vehicle code, 1940
PA 300, MCL 257.601d.
(v) A misdemeanor involving larceny unless
otherwise provided under subdivision (g).
(vi) A misdemeanor of retail fraud in the
second degree unless otherwise provided under subdivision (g).
(vii) Any other misdemeanor involving assault,
fraud, theft, or the possession or delivery of a controlled substance unless
otherwise provided under subdivision (d), (f), or (g).
(f) Has been
convicted of any of the following misdemeanors, other than a misdemeanor for a
relevant crime described under 42 USC 1320a-7(a), or a state or federal crime
that is substantially similar to the misdemeanors described in this
subdivision, within the 3 years immediately preceding the date of application
for employment or clinical privileges or the date of the execution of the
independent contract:
(i) A misdemeanor for assault if there was
no use of a firearm or dangerous weapon and no intent to commit murder or
inflict great bodily injury.
(ii) A misdemeanor of retail fraud in the
third degree unless otherwise provided under subdivision (g).
(iii) A misdemeanor under part 74 of the
public health code, 1978 PA 368, MCL 333.7401 to 333.7461, unless otherwise
provided under subdivision (g).
(g) Has been
convicted of any of the following misdemeanors, other than a misdemeanor for a
relevant crime described under 42 USC 1320a-7(a), or a state or federal crime
that is substantially similar to the misdemeanors described in this
subdivision, within the year immediately preceding the date of application for
employment or clinical privileges or the date of the execution of the
independent contract:
(i) A misdemeanor under part 74 of the
public health code, 1978 PA 368, MCL 333.7401 to 333.7461, if the individual,
at the time of conviction, is under the age of 18.
(ii) A misdemeanor for larceny or retail
fraud in the second or third degree if the individual, at the time of
conviction, is under the age of 16.
(h) Is the subject
of an order or disposition under section 16b of chapter IX of the code of
criminal procedure, 1927 PA 175, MCL 769.16b.
(i) Engages in
conduct that becomes the subject of a substantiated finding of neglect, abuse,
or misappropriation of property by a state or federal agency according to an
investigation conducted in accordance with 42 USC 1395i-3 or 1396r.
(2) Except as
otherwise provided in this subsection or subsection (5), a psychiatric facility
or other facility defined in 42 USC 1396d(d) shall not employ, independently
contract with, or grant privileges to an individual who regularly has direct
access to or provides direct services to patients or residents in the
psychiatric facility or other facility defined in 42 USC 1396d(d) until the
psychiatric facility or other facility defined in 42 USC 1396d(d) or staffing
agency has conducted a criminal history check in compliance with this section
or received criminal history record information in compliance with subsection
(3) or (10). This subsection and subsection (1) do not apply to any of the
following:
(a) An individual
who is employed by, under independent contract to, or granted clinical
privileges in a psychiatric facility or other facility defined in 42 USC
1396d(d) before April 1, 2006. On or before April 1, 2011, an individual who is
exempt under this subdivision and who has not been the subject of a criminal
history check conducted in compliance with this section shall provide the
department of state police with a set of fingerprints and the department of
state police shall input those fingerprints into the automated fingerprint
identification system database established under subsection (13). An individual
who is exempt under this subdivision is not limited to working within the
psychiatric facility or other facility defined in 42 USC 1396d(d) with which he or she the individual is
employed by, under independent contract to, or granted clinical privileges on
April 1, 2006 but may transfer to another psychiatric facility or other
facility defined in 42 USC 1396d(d), covered health facility, or adult foster
care facility. If an individual who is exempt under this subdivision is
subsequently convicted of a crime described under subsection (1)(a) through (g)
or found to be the subject of a substantiated finding described under
subsection (1)(i) or an order or disposition described under subsection (1)(h),
or is found to have been convicted of a relevant crime described under
subsection (1)(a), then he or she the individual is no longer exempt and shall must be
terminated from employment or denied employment or clinical privileges.
(b) An individual
who is under an independent contract with a psychiatric facility or other
facility defined in 42 USC 1396d(d) if he or she the individual is not under the facility's control
and the services for which he or she the individual is contracted is are not
directly related to the provision of services to a patient or resident or if
the services for which he or she the individual is contracted allows allow for
direct access to the patients or residents but is are not performed on an ongoing basis. This exception
includes, but is not limited to, an individual who is under an independent
contract with the psychiatric facility or other facility defined in 42 USC
1396d(d) to provide utility, maintenance, construction, or communications
services.
(3) An individual
who applies for employment either as an employee or as an independent
contractor or for clinical privileges with a psychiatric facility or other
facility defined in 42 USC 1396d(d) or a staffing agency 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 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 psychiatric facility or other
facility defined in 42 USC 1396d(d) or staffing agency to obtain the criminal
history record information as prescribed in subsection (4) from the relevant
licensing or regulatory 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 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. Upon On receipt of
the written consent to obtain the criminal history record information and
identification required under this subsection, the psychiatric facility or
other facility defined in 42 USC 1396d(d) or staffing agency that has made a
good-faith offer of employment or an independent contract or clinical
privileges to the applicant shall request the criminal history record
information from the relevant licensing or regulatory department and shall make
a request regarding that applicant to the relevant licensing or regulatory
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 Federal Bureau of Investigation to make a subsequent
determination of the existence of any national criminal history pertaining to
the applicant is necessary, the psychiatric facility or other facility defined
in 42 USC 1396d(d) or staffing agency shall proceed in the manner required in
subsection (4). A staffing agency that employs an applicant who regularly has
direct access to or provides direct services to patients or residents under an
independent contract with a psychiatric facility or other facility defined in
42 USC 1396d(d) shall submit information regarding the criminal history check
conducted by the staffing agency to the psychiatric facility or other facility
defined in 42 USC 1396d(d) that has made a good-faith offer of independent
contract to that applicant.
(4) Upon On receipt of
the written consent to conduct a criminal history check and identification
required under subsection (3), a psychiatric facility or other facility defined
in 42 USC 1396d(d) or staffing agency that has made a good-faith offer of
employment or an independent contract or clinical privileges to the applicant
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. Federal Bureau of Investigation.
The department of state police shall request the federal bureau of investigation 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 shall must be made in a manner prescribed by the department
of state police. The psychiatric facility or other facility defined in 42 USC
1396d(d) or staffing agency shall make the written consent and identification
available to the department of state police. The psychiatric facility or other
facility defined in 42 USC 1396d(d) or staffing agency shall make a request
regarding that applicant to the relevant licensing or regulatory department to
conduct a check of all relevant registries established under 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 Federal Bureau of Investigation charges a fee for
conducting the criminal history check, the psychiatric facility or other
facility defined in 42 USC 1396d(d) or staffing agency shall pay the cost of
the charge. The psychiatric facility or other facility defined in 42 USC
1396d(d) or staffing agency shall not seek reimbursement for a charge imposed
by the department of state police or the federal bureau of investigation from
the individual who is the subject of the criminal history check. A prospective
employee or a prospective independent contractor covered under this section may
not be charged for the cost of a criminal history check required under this
section. 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 report shall 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 Federal Bureau of
Investigation determination to the department within 30 days after the
request is made. If the requesting psychiatric facility or other facility
defined in 42 USC 1396d(d) or staffing agency is not a state department or
agency and if criminal history record information is disclosed on the written
report of the criminal history check or the federal
bureau of investigation Federal Bureau of
Investigation determination that resulted in a conviction, the
department shall notify the psychiatric facility or other facility defined in
42 USC 1396d(d) or staffing agency and the applicant in writing of the type of
crime disclosed on the written report of the criminal history check or the federal bureau of investigation 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
Federal Bureau of Investigation for
conducting a criminal history check or making a determination under this
subsection shall must
be paid in the manner required under this subsection. The notice shall must include
a statement that the applicant has a right to appeal the information relied
upon by the psychiatric facility or other facility defined in 42 USC 1396d(d)
or staffing agency regarding his or her the individual's employment eligibility based on the
criminal history check. The notice shall must also include information regarding where to file
and describing the appellate procedures established under section 20173b of the
public health code, 1978 PA 368, MCL 333.20173b.
(5) If a
psychiatric facility or other facility defined in 42 USC 1396d(d) determines it
necessary to employ or grant clinical privileges to an applicant before
receiving the results of the applicant's criminal history check or criminal
history record information under this section, the psychiatric facility or
other facility defined in 42 USC 1396d(d) may conditionally employ or grant
conditional clinical privileges to the individual if all of the following
apply:
(a) The psychiatric
facility or other facility defined in 42 USC 1396d(d) requests the criminal
history check or criminal history record information under this section upon
conditionally employing or conditionally granting clinical privileges to the
individual.
(b) The individual
signs a statement in writing that indicates all of the following:
(i) That he or
she the individual has not been
convicted of 1 or more of the crimes that are described in subsection (1)(a)
through (g) within the applicable time period prescribed by each subdivision
respectively.
(ii) That he or
she the individual is not the subject of
an order or disposition described in subsection (1)(h).
(iii) That he or
she the individual has not been the
subject of a substantiated finding as described in subsection (1)(i).
(iv) The individual agrees that, if the
information in the criminal history check conducted under this section does not
confirm the individual's statements under subparagraphs (i) through (iii), his or her the individual's employment or clinical privileges
will be terminated by the psychiatric facility or other facility defined in 42
USC 1396d(d) as required under subsection (1) unless and until the individual
appeals and can prove that the information is incorrect.
(v) That he or
she the individual understands the
conditions described in subparagraphs (i) through (iv) that result in the termination of his or
her the individual's employment or
clinical privileges and that those conditions are good cause for termination.
(c) Except as
otherwise provided in this subdivision, the psychiatric facility or other
facility defined in 42 USC 1396d(d) does not permit the individual to have
regular direct access to or provide direct services to patients or residents in
the psychiatric facility or other facility defined in 42 USC 1396d(d) without
supervision until the criminal history check or criminal history record
information is obtained and the individual is eligible for that employment or
clinical privileges. If required under this subdivision, the psychiatric
facility or other facility defined in 42 USC 1396d(d) shall provide on-site
supervision of an individual in the facility on a conditional basis under this
subsection by an individual who has undergone a criminal history check
conducted in compliance with this section. A psychiatric facility or other
facility defined in 42 USC 1396d(d) may permit an individual in the facility on
a conditional basis under this subsection to have regular direct access to or
provide direct services to patients or residents in the psychiatric facility or
other facility defined in 42 USC 1396d(d) without supervision if all of the
following conditions are met:
(i) The psychiatric facility or other
facility defined in 42 USC 1396d(d), at its own expense and before the
individual has direct access to or provides direct services to patients or
residents of the psychiatric facility or other facility defined in 42 USC
1396d(d), 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 patients or residents under this section.
(ii) Before the individual has direct access
to or provides direct services to patients or residents of the psychiatric
facility or other facility defined in 42 USC 1396d(d), the individual signs a
statement in writing that he or she 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 or granted conditional clinical privileges 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 psychiatric facilities or other facility defined in 42 USC 1396d(d) subject
to this section upon request at no charge.
(7) If an
individual is employed as a conditional employee or is granted conditional
clinical privileges 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)(i) through (iii), the psychiatric facility or other facility defined in 42
USC 1396d(d) shall terminate the individual's employment or clinical privileges
as required by subsection (1).
(8) An individual
who knowingly provides false information regarding his
or her the individual's identity,
criminal convictions, or substantiated findings on a statement described in
subsection (5)(b)(i) through (iii) 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 psychiatric
facility or other facility defined in 42 USC 1396d(d) or staffing agency shall
use criminal history record information obtained under subsection (3) or (4)
only for the purpose of evaluating an applicant's qualifications for
employment, an independent contract, or clinical privileges in the position for
which he or she the
individual has applied and for the purposes of subsections (5) and (7).
A psychiatric facility or other facility defined in 42 USC 1396d(d) or staffing
agency or an employee of the psychiatric facility or other facility defined in
42 USC 1396d(d) or staffing agency shall not disclose criminal history record
information obtained under subsection (3) or (4) to a person who that is not
directly involved in evaluating the applicant's qualifications for employment,
an independent contract, or clinical privileges. 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 psychiatric facility or other facility defined in 42
USC 1396d(d) or staffing agency has no liability in connection with a criminal
history check conducted in compliance with this section or the release of
criminal history record information under this subsection.
(10) Upon On consent of
an applicant as required in subsection (3) and upon request from a psychiatric
facility or other facility defined in 42 USC 1396d(d) or staffing agency that
has made a good-faith offer of employment or an independent contract or
clinical privileges to the applicant, the relevant licensing or regulatory
department shall review the criminal history record information, if any, and
notify the requesting psychiatric facility or other facility defined in 42 USC
1396d(d) or staffing agency of the information in the manner prescribed in
subsection (4). Until the federal bureau of
investigation Federal Bureau of Investigation implements
an 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 covered health or staffing agency facility may rely
on the criminal history record information provided by the relevant licensing
or regulatory department under this subsection and a request to the federal bureau of investigation 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 a psychiatric facility or other facility
defined in 42 USC 1396d(d), covered health facility, or adult foster care
facility or the staffing agency 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 psychiatric facility or other facility defined in 42 USC 1396d(d), covered
health facility, or adult foster care facility.
(c) The applicant
can provide evidence acceptable to the relevant licensing or regulatory
department that he or she 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
granted clinical privileges shall do each of the following:
(a) Agree in
writing to report to the psychiatric facility or other facility defined in 42
USC 1396d(d) or staffing agency immediately upon on being arraigned for 1 or more of the criminal
offenses listed in subsection (1)(a) through (g), upon
on being convicted of 1 or more of the
criminal offenses listed in subsection (1)(a) through (g), upon on becoming
the subject of an order or disposition described under subsection (1)(h), and upon on being the
subject of a substantiated finding of neglect, abuse, or misappropriation of
property as described in subsection (1)(i). 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) In addition to
sanctions set forth in this act, a licensee, owner, administrator, or operator
of a psychiatric facility or other facility defined in 42 USC 1396d(d) or
staffing agency who knowingly and willfully fails to conduct the criminal
history checks as required under this section is guilty of a misdemeanor
punishable by imprisonment for not more than 1 year or a fine of not more than
$5,000.00, or both.
(13) In
collaboration with the department of state police, the department of
technology, management, and budget shall establish and maintain an automated
fingerprint identification system database that would allow the department of
state police to store and maintain all fingerprints submitted under this
section and would provide for an automatic notification if and when a
subsequent criminal arrest fingerprint card submitted into the system matches a
set of fingerprints previously submitted under this section. Upon On notification,
the department of state police shall immediately notify the department and the
department shall immediately contact each respective psychiatric facility or
other facility defined in 42 USC 1396d(d) or staffing agency 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 shall must not be
disclosed to any person except for purposes of this act or for law enforcement
purposes.
(14) The department
shall maintain an electronic web-based system to assist psychiatric facilities
or other facility defined in 42 USC 1396d(d) and staffing agencies required to
check relevant registries and conduct criminal history checks of its employees
and independent contractors, and individuals granted privileges and to provide
for an automated notice to those psychiatric facilities or other facility
defined in 42 USC 1396d(d) and staffing agencies 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 staffing agency a 1-time set-up fee of up to $100.00
for access to the electronic web-based system under this section.
(15) As used in
this section:
(a) "Adult
foster care facility" means an adult foster care facility licensed under
the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to
400.737.
(b)
"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.
(c) "Covered
health facility" means a nursing home, county medical care facility,
hospice, hospital that provides swing bed services,
or home for the aged licensed under article 17 of the public health
code, 1978 PA 368, MCL 333.20101 to 333.22260, or home health agency.
(d) "Criminal
history check conducted in compliance with this section" includes a
criminal history check conducted under this section, under section 20173a of
the public health code, 1978 PA 3658, MCL 333.20173a, or under section 34b of
the adult foster care facility licensing act, 1979 PA 218, MCL 400.734b.
(e) "Direct
access" means access to a patient or resident or to a patient's or
resident's property, financial information, medical records, treatment
information, or any other identifying information.
(f) "Home
health agency" means a person certified by medicare whose business is to
provide to individuals in their places of residence other than in a hospital,
nursing home, or county medical care facility 1 or more of the following
services: nursing
(i) Nursing services. , therapeutic
(ii) Therapeutic services. , social
(iii) Social work services. , homemaker
(iv) Homemaker services. , home
(v) Home health aide services. , or other
(vi) Other related services.
(g)
"Independent contract" means a contract entered into by a health
facility or agency with an individual who provides the contracted services
independently or a contract entered into by a health facility or agency with a
staffing agency that complies with the requirements of this section to provide
the contracted services to the psychiatric facility or other facility defined
in 42 USC 1396d(d) on behalf of the staffing agency.
(h)
"Medicare" means benefits under the federal medicare Medicare program
established under title XVIII of the social security act, 42 USC 1395 to 1395kkk-1.1395mmm.
(i) "Staffing
agency" means an entity that recruits candidates and provides temporary
and permanent qualified staffing for psychiatric facilities or other facility
defined in 42 USC 1396d(d), including independent contractors.
(j) "Under the
facility's control" means an individual employed by or under independent
contract with a psychiatric facility or other facility defined in 42 USC
1396d(d) for whom the psychiatric facility or other facility defined in 42 USC
1396d(d) does both of the following:
(i) Determines whether the individual who
has access to patients or residents may provide care, treatment, or other
similar support service functions to patients or residents served by the
psychiatric facility or other facility defined in 42 USC 1396d(d).
(ii) Directs or oversees 1 or more of the
following:
(A) The policy or
procedures the individual must follow in performing his or her 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 his or her the
individual's duties.
(F) The conditions
under which the individual performs his or her the individual's duties.
Enacting section 1.
This amendatory act does not take effect unless all of the following bills of
the 103rd Legislature are enacted into law:
(a)    Senate Bill No. 969.
(b) Senate Bill No. ____ (request no. S03074'25) or
House Bill No. ____ (request no. H03074'25).