Criminal Background Check Now Mandatory
By J. Laevin Weiner
A newly-enforced law in Michigan now requires that all health care professionals undergo criminal background checks as part of their initial application for licensure or registration.
Public Act 26 of 2006, which took effect October 1, 2008, provides that all new applicants must have their fingerprints taken by the Michigan State Police, who will then conduct a state-wide criminal check of the applicant. The fingerprints must also be forwarded to the Federal Bureau of Investigation for the purpose of conducting a national criminal history check of the applicant.
The extensive background check requirement is not unique to the State’s health care professionals. For example, the State Bar of Michigan has long required that attorney applicants undergo a similar screening process, and the Michigan “School Safety” legislation passed in 2005 provides that all potential employees or public or private schools be fingerprinted and undergo a criminal background check prior to hire. Effective January 1, 2009, all mortgage loan officers such as individuals employed by brokers or lenders must also complete criminal background checks.
Forms for implementation of this process are provided by the Michigan Department of Community Health and are available on the State of Michigan website.
The following health professions are included in those where licensure is mandated:
It is important to note that the fingerprinting and criminal background check are only part of the process followed when an initial application for licensure or registration is being considered and evaluated. By statute, the Board may and is likely to determine and consider whether there have been any licensing or speciality certification issues in other states; and, whether, in any health law field of endeavor, there has ever been any revocation or suspension of license and the current status of same.
The law which is the subject of this article is limited to those who are initial applicants. It has been enacted to “protect and promote the public health.” Future articles on this subject will address how the courts of Michigan treat and interpret this and like laws; and, the possibility that the protections provided could be expanded to the areas of review and re-certification of currently licensed health professionals, for the protection of the public and the profession.
J. Laevin Weiner is a principal at Frank, Haron, Weiner and Navarro, PLC. His practice is concentrated in the areas of business and real estate transactions, financial planning, health law, and, complex litigation in those areas. He has served as a lecturer for the federal Small Business Administration to principals of start-up businesses, as an arbitrator for the American Arbitration Association, and, as a member of the Alternative Dispute Resolution Committee of the State Bar of Michigan.
A newly-enforced law in Michigan now requires that all health care professionals undergo criminal background checks as part of their initial application for licensure or registration.
Public Act 26 of 2006, which took effect October 1, 2008, provides that all new applicants must have their fingerprints taken by the Michigan State Police, who will then conduct a state-wide criminal check of the applicant. The fingerprints must also be forwarded to the Federal Bureau of Investigation for the purpose of conducting a national criminal history check of the applicant.
The extensive background check requirement is not unique to the State’s health care professionals. For example, the State Bar of Michigan has long required that attorney applicants undergo a similar screening process, and the Michigan “School Safety” legislation passed in 2005 provides that all potential employees or public or private schools be fingerprinted and undergo a criminal background check prior to hire. Effective January 1, 2009, all mortgage loan officers such as individuals employed by brokers or lenders must also complete criminal background checks.
Forms for implementation of this process are provided by the Michigan Department of Community Health and are available on the State of Michigan website.
The following health professions are included in those where licensure is mandated:
- Audiologist
- Chiropractor
- Counselor (defined as the rendering of a service involving the application of clinical counseling principles to achieve social, personal, career and emotional development)
- Dentist, Hygienist, Dental Assistant
- EMS - Personnel
- Marriage and Family Therapist
- Medical Doctor (MD)
- Nurse - Registered (RN) and licensed practical (LPN)
- Nursing Home Administrator
- Occupational Therapist & OT Assistant
- Optometrist
- Osteopathic Physician (DO)
- Pharmacist
- Physical Therapist (note that physical therapy assistants are not required to be licensed by the State, but many insurers require that PTAs complete training courses before their services will be paid for)
- Physician’s Assistant
- Podiatrist
- Psychologist
- Respiratory Care
- Sanitarian (defined as “an individual who has specialized education and experience in the physical, biological, and sanitary sciences as applied to the educational, investigational and technical duties in the field of environmental health”)
- Social Worker
- Vet or Vet Tech
- The report cannot be used for any purpose other than in acting on the application;
- Members of the state Board considering the application are precluded from disclosing or otherwise sharing the content of the report with any person or entity that is not directly involved in evaluation of the application and the applicant, and;
- Other than for law enforcement purposes, the report and other information attendant to the making, receiving and evaluation of this report are not subject to and cannot be obtained by any person under the freedom of information (FOIA) laws of the State of Michigan.
It is important to note that the fingerprinting and criminal background check are only part of the process followed when an initial application for licensure or registration is being considered and evaluated. By statute, the Board may and is likely to determine and consider whether there have been any licensing or speciality certification issues in other states; and, whether, in any health law field of endeavor, there has ever been any revocation or suspension of license and the current status of same.
The law which is the subject of this article is limited to those who are initial applicants. It has been enacted to “protect and promote the public health.” Future articles on this subject will address how the courts of Michigan treat and interpret this and like laws; and, the possibility that the protections provided could be expanded to the areas of review and re-certification of currently licensed health professionals, for the protection of the public and the profession.
J. Laevin Weiner is a principal at Frank, Haron, Weiner and Navarro, PLC. His practice is concentrated in the areas of business and real estate transactions, financial planning, health law, and, complex litigation in those areas. He has served as a lecturer for the federal Small Business Administration to principals of start-up businesses, as an arbitrator for the American Arbitration Association, and, as a member of the Alternative Dispute Resolution Committee of the State Bar of Michigan.