DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF PROFESSIONAL LICENSING

PUBLIC HEALTH CODE—GENERAL RULES

Filed with the secretary of state on March 23, 2023

These rules take effect immediately after filing with the secretary of state unless adopted

under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA

306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become

effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of licensing and regulatory

affairs by sections 16145, 16194, 16201, and 16221 of the public health code, 1978 PA

368, MCL 333.16145, 333.16194, 333.16201, and 333.16221, and Executive

Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501,

445.2001, 445.2011, and 445.2030)

R 338.7001, R 338.7002, and R 338.7004 of the Michigan Administrative Code are

amended, as follows:

R 338.7001 Definitions.

Rule 1. (1) As used in these rules:

(a) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(b) "Department" means the department of licensing and regulatory affairs.

individual’s perception, action, or decision making in an unconscious manner and often

contributes to unequal treatment of people based on race, ethnicity, nationality, gender,

gender identity, sexual orientation, religion, socioeconomic status, age, disability, or

other characteristic.

(d) “Issue date” means the date that the initial license was granted to the licensee by the

department.

(e) "Stark Law" means section 1877 of part E of title XVIII of the social security act, 42

USC 1395nn.

(2) Terms defined in the code have the same meanings when used in these rules.

R 338.7002 Triennial license or registration renewal; expiration.

Rule 2. (1) The following licenses and registrations expire triennially and must be

renewed every 3 years on or before the date indicated:

Athletic trainer

Counseling

Dentistry

Dental Assistant

Dental Hygienist

Genetic Counseling

Issue date

August 3, 2022

Massage therapy

Issue date

Medicine

Issue date

Osteopathic medicine and surgery

Podiatric medicine and surgery

Social work

Veterinary medicine

(2) A license or registration having a limitation may be renewed for a term less than 3

years.

R 338.7004 Implicit bias training standards.

Rule 4. (1) Beginning June 1, 2022, an individual applying 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, an individual

applying 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. If

otherwise permitted by the code and rules, this training may be used to satisfy other

training or continuing education requirements.

(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

topics:

(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

individual’s characteristics.

(iv) Discussion of current research on implicit bias in the access to and delivery of

health care services.

(b) Training must include strategies to reduce disparities in access to and delivery of

health care services and the administration of pre- and post-test implicit bias assessments.

(i) Training offered by a nationally-recognized or state-recognized health-related

organization.

(ii) Training offered by, or in conjunction with, a state or federal agency.

(iii) Training obtained in an educational program that has been approved by any board

created under article 15 of the code, MCL 333.16101 to 333.18838, except under part 188

of the code, MCL 333.18801 to 333.18838, for initial licensure or registration or for the

accumulation of continuing education credits.

(iv) Training offered by an accredited college or university.

(v) Training offered by an organization specializing in diversity, equity, and inclusion

issues.

(d) Acceptable modalities of training include any of the following:

(i) A teleconference or webinar that allows live synchronous interaction that provides

for the opportunity for participants to interact with the instructor and other participants.

(ii) A live presentation that provides for the opportunity for participants to interact with

the instructor and other participants.

(iii) An asynchronous teleconference or webinar.

(4) Submission of an application for licensure, registration, or renewal constitutes an

applicant’s certificate of compliance with the requirements of this rule. A licensee or

registrant shall retain documentation of meeting the requirements of this rule for a period

of 6 years after the date of applying for licensure, registration, or renewal. The

department may select and audit a sample of a licensees or registrants and request

documentation of proof of compliance with this rule. If audited by the department, a

licensee or registrant shall provide the proof of completion of training, including either of

the following:

(a) A completion certificate issued by the training program that includes the date of the

training, the program sponsor’s name, the title of the program, and licensee’s or

registrant’s name.

(b) A self-attestation by the licensee or registrant that includes the date of the training,

the program sponsor’s name, the title of the program, and licensee’s or registrant’s name.