Analysis

DATE: November 5, 1997
TOPIC: Temporary Licensure
SPONSOR: Byrum
COMMITTEE: Health Policy and Senior Citizens
POSITION: The Department of Consumer & Industry Services supports the bill.

PROBLEM/BACKGROUND: Temporary licenses are issued to allow the applicant time to prepare for, and take their professional examination. At this point in time, only the Board of Nursing, the Board of Physical Therapy and the Physician's Assistant Task Force issue temporary licenses. The statute provided a means for temporary licensure of a person meeting all requirements for licensure except passing the examination. In the past two years, the nursing examination has become available on a daily basis, and physical therapists are able to take their examination three times per year. Physician assistant examinations continue to be offered only on a yearly basis. The intent behind the original statute was to allow the applicant time to take the exam. Now that the exams are given on a more frequent basis, the length of time a temporary license is valid should be shortened.

DESCRIPTION OF BILL: The bill would amend section 333.16181 which grants licensing boards the power to grant nonrenewable, temporary licenses to applicants who have met all licensing requirements except passage of the professional examination. By statute, temporary licenses become void once the applicant fails the professional examination. Michigan's liberal temporary license policy also attracts applicants from other states and countries. To normalize the temporary license procedure, the period of validity of a temporary license should be shortened.

Professional Examinations: The statute was designed to allow an applicant time to take the professional examination. Because the frequency of examinations for nurses and physical therapists has increased, there no longer exists a need for 18 month temporary licenses for nursing and physical therapists.

Temporary licenses are void upon the failure of the professional examination which may cause holders of the temporary licenses to lose their employment. If a temporary license holder fails to tell their employer that they have failed the examination and have had their license voided, there is the possibility that they may again attempt to pass the examination before the original expiration date of the temporary license.

Nurses: The bill would limit the length of validity of temporary licenses for licenses practical nurses and registered professional nurses. At present, nursing examinations are administered on a daily basis, whereas in the past, the examination was administered twice a year. Temporary licenses allowed these applicants to practice their profession while waiting to take their professional exam. When the examinations began to be administered on a daily basis, the temporary license of 18 months became unnecessary. The Department supports the bill, and would even support shortening the length of time temporary license is valid to less than 12 months.

Physical Therapists: The bill would also limit the length of validity of temporary licenses for physical therapist applicants. Now that the examination is given three times per year, the 18 month term for temporary licensure is unnecessary. Further, it is anticipated that the physical therapy examination will soon be computerized, thereby increasing the opportunities to take the exam.

SUMMARY OF ARGUMENTS:
PRO: The bill increases the quality of health care and confidence of patients in their care by assuring earlier licensure of health care professionals. Twelve months is more than an adequate amount of time for those graduating from educational programs to prepare for and pass the required examination. Indeed, it would be preferable to see the length of validity for these temporary professional licenses to be reduced even more.

CON: Applicants for temporary licenses may feel that they are not given sufficient time to prepare for the professional examination.

FISCAL INFORMATION: The revenues received from temporary licenses would not likely be affected by this bill. Since temporary licenses are not renewable, the number of applicants would not be affected.

ECONOMIC IMPACT: There will be little economic impact. Although those using temporary licenses will do so for six fewer months, most will pass the examination during the period of the temporary license and will therefore be granted a regular license. It is not expected that the decreased validity period for temporary licenses will have a significant effect on the success or failure in the examinations for these professions.

ADMINISTRATIVE RULES IMPACT: Administrative rules will need to be updated to reflect this change in licensing procedures.