HB 4728 — Occupations: individual licensing and registration; licensure of professional guardians and conservators; require. Amends sec. 303a of 1980 PA 299 (MCL 339.303a) & adds art. 14A.

HB-4728, As Passed House, June 23, 2026 SUBSTITUTE FOR HOUSE BILL NO.

Accountancy July 1 Architects April 1 Barbers October 1 Collection agencies July 1 DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 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.

(1) Beginning 2 years after the effective date of the amendatory act that added this section, the department shall DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 license an individual as a professional guardian or professional conservator who meets all of the following requirements:

(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 DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 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.

(7) An individual denied a license or whose license has been revoked by the department based on a criminal history check conducted under section 1413 may appeal to the department if the individual believes that the criminal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 DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 24.328.

DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 (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:

(xiii) Within the last 10 years, any other misdemeanor involving DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 assault, fraud, theft, or the possession or delivery of a controlled substance, except marihuana-related offenses.

(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 DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 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.

(4) On receipt of the written consent to conduct a criminal history check and identification required under subsection (3), the DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 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 DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 report must contain any criminal history record information on the applicant maintained by the department of state police.

(b) The individual signs a statement in writing that indicates DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 all of the following:

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 DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 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:

DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 (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).

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 DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 with this section or the release of criminal history record information under this subsection.

DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 (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.

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 DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 or for law enforcement purposes.

(b) "Criminal history check conducted in compliance with this section" means a criminal history check conducted under this DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 section.

DAW H01902'25 (H-1)(H-1)_HB4728_APH_1 t2g9ipib14u0 (F) The conditions under which the individual performs the individual's duties.

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