R 338.7003 "Stark Law" revision; adoption by reference.
Rule 3. (1) Under section 16221(e)(iv)(B) of the code, MCL 333.16221, the department
has taken notice that the Stark Law, 42 USC 1395nn, was revised effective February 9,
2018. The department also takes notice that the regulations promulgated under the Stark
Law, 42 CFR 411.350 to 411.389, were revised effective January 19, 2021, and January
1, 2022. The department finds that the revisions to both the Stark Law, 42 USC 1395nn,
and regulations under the Stark Law, 42 CFR 411.350 to 411.389, pertain to referrals by
physicians for designated health services and continues to protect the public from
inappropriate referrals by physicians. Therefore, the department adopts by reference the
Stark Law, 42 USC 1395nn, as revised February 9, 2018, and regulations promulgated
under the Stark Law, 42 CFR 411.350 to 411.389, as revised January 19, 2021, and
January 1, 2022.
(2) All federal regulations noted in subrule (1) of this rule are available at no cost at
inspection and distribution at a cost of 10 cents per page from the Bureau of Professional
Licensing, Michigan Department Licensing and Regulatory Affairs, 611 West Ottawa,
P.O. Box 30670, Lansing, Michigan 48909.
R 338.7004 Implicit bias training standards.
Rule 4. (1) Beginning June 1, 2022, an applicant for licensure or registration under
article 15 of the code, MCL 333.16101 to 333.18838, except those seeking to be licensed
under part 188 of the code, MCL 333.18801 to 333.18838, shall have completed a
minimum of 2 hours of implicit bias training within the 5 years immediately preceding
issuance of the license or registration.
(2) Beginning June 1, 2022, and for every renewal cycle thereafter, in addition to
completing any continuing education required for renewal, reregistration, or relicensure,
an applicant for license or registration renewal, reregistration, or relicensure under article
15 of the code, MCL 333.16101 to 333.18838, except those licensed under part 188 of
the code, MCL 333.18801 to 333.18838, shall have completed a minimum of 1 hour of
implicit bias training for each year of the applicant’s license or registration cycle.
(3) The implicit bias training must be related to reducing barriers and disparities in
access to and delivery of health care services and meet all of the following requirements:
(a) Training content must include, but is not limited to, 1 or more of the following
(i) Information on implicit bias, equitable access to health care, serving a diverse
population, diversity and inclusion initiatives, and cultural sensitivity.
(ii) Strategies to remedy the negative impact of implicit bias by recognizing and
understanding how it impacts perception, judgment, and actions that may result in
inequitable decision making, failure to effectively communicate, and result in barriers
and disparities in the access to and delivery of health care services.
(iii) The historical basis and present consequences of implicit biases based on an
(iv) Discussion of current research on implicit bias in the access to and delivery of
health care services.