Well, again, it depends how the scanner turns off the check engine light. If it fakes the computer to think that the sensor is reading properly, then yes it will pass. But i would bet that it only dissables the sensor and puts it in a "not ready to read" mode. This will turn off the check engine light, but it will not pass.
Like if you disconnect your battery to clear that code...it goes away for a while because the system is not ready to read, it is still gathering information, but as soon as you drive it long enough, the light comes right back. I THINK MIL elliminators and scanners just put the sensor in a "not ready to read" mode permanently so the light goes away and doesnt annoy you, but doesnt fix the problem. But, i dont know exactly how they do it, i just know how the testing works. Maybe someone should give the company who makes them a call and asks them how they work.
This whole topic has me greatly interested because i didnt take that chance, when I inspected my car i took my H-pipe w/MILs out and put back my stock one. now im almost wishing i had tried it just to see. I dont know how the MIL elliminators or programers that do the same thing work, so i cant answer that question, im just clearing up how the test works, so if anyone knows they can fill in my blank spots and we will hopefully get an answer.