Michigan Office of Administrative Hearings and Rules

611 W. Ottawa Street

Lansing, MI 48909

Phone: 517-335-8658 Fax: 517-335-9512

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Bureau of Professional Licensing

Name of person completing this form:

Weston MacIntosh

Phone number of person completing this form:

517-241.9269

E-mail of person completing this form:

MacintoshW1@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2019-84 LR

Title of proposed rule set:

Chiropractic – General Rules

3. Purpose for the proposed rules and background:

The general purpose of these rules is to provide educational, licensure, and continuing education

requirements for this profession. The proposed updates include typographical revisions, as well as

substantive changes to continuing education requirements.

4. Summary of proposed rules:

The proposed rules will clarify terms used in the rule set, adopt by reference accreditation standards

for chiropractic educational programs; include a requirement that acceptable continuing education

must be approved or offered by the Michigan Association of Chiropractors (MAC), with the

exception of a course or courses related to the practice of chiropractic which are offered on campus

by an approved chiropractic school or initial presentation of a continuing education program related

to the practice of chiropractic to a state, regional, national, or international organization; and rescind

the rule allowing a proposed sponsor of continuing education to seek approval from the board to offer

continuing education courses since proposed continuing education providers will now have to seek

approval from the MAC.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

The Flint Journal, January 5, 2021

The Grand Rapids Press, January 5, 2021

The Mining Journal, January 5, 2021

6. Date of publication of rules and notice of public hearing in Michigan Register:

1/15/2021

7. Date, time, and location of public hearing:

1/19/2021 01:00 PM at The public hearing will be held virtually via Zoom to receive public

comments while complying with measures designed to help prevent the spread of Coronavirus

Disease 2019 (COVID 19). , https://us02web.zoom.us/j/89584407954?

pwd=R0ZmOGhNUmw5Z24xZ3g4a2UveGx4dz09 Password for video connection: 759646 Phone

number: 877-336-1831 Conference Code for audio connection: 486917

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=82

9. List of the name and title of agency representative(s) attending public hearing:

Weston MacIntosh, Senior Policy Analyst, Bureau of Professional Licensing

Kerry Przybylo, Manager, Boards and Committees, Bureau of Professional Licensing,

Andria Ditschman, Senior Policy Analyst, Bureau of professional Licensing

Stephanie Wysack, Departmental Technician, Bureau of Professional Licensing

10. Persons submitting comments of support:

Michigan Association of Chiropractors/Kristine Dowell

Eric DiMartino

Tim Gaughan

Lisa Olszewski

Robyn Peake

Donald Reno

Lewis Squires

11. Persons submitting comments of opposition:

Garth Aamodt

James Agrusa

Anna Albers

Ted Arkfeld

Brian Arnold

Donald Atkins

David Batton

Janet Bednarz

Linda Berry

Beverly Blas

David Bogart

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Kyra Bolden

Martin Brown

Steven Brown

Riachard Burke

Darlene Button

Jessica Cohen

Mark Cohen

Peter Costantino

Kelly Cromarty

Thomas Czarnecki

James Darrach

Robert Ducharme

Barbara Dumbrigue

William Easton

David Estefan

Robert Fenell

Kris Fetterman

Stacey Francis

Michael Gasiewicz

Thomas Gerou

Rita Goines-McClain

Denise Goodwin

Timothy Grondin

Joel Hack

Daniel Halaberda

Robert Hallett

Royann Hassinger

Sharon Havis

Kirk Hilborn

Chelsea Jaques

Alexander Jeffrey

Karl Johnson

Richard Johnson

Larry Kaplan

Robert Korn

Charmaine Lanjopoulos

Raymond Lanjopoulos

Kenneth Large

Richard Larned

Natalie Lawrin

Lawrence Lee

Gary Loiselle

Macomb County Chiropractic Association/Martin Brown

Robert Manela

Larry Manteuffel

Mark Manteuffel

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

Ron Manteuffel

Elaine Margolis

Gregory McFarland

Allen Mehler

Jean Mikula

Richard Mirowski

Dale Morgan

Jennifer Morgan

Reena Pathak

Theresa Pigott

Regina Roberts

Martin Rudick

Jeremy Rudkin

Paula Ruffin

Craig Shaeffer

Martha Schneider

Kenneth Schultz

Brian Seefeldt

Bruce Serven

Ronda Shallow

Nate Shannon

Gary Shoemaker

Craig Stephenson

Larry Sutherland

Stephen Thompson

Jaime Vande Veegaete

Arthur VanHoutteghem

William Vecchioni

Lawrence Weiss

Leighia Wells

Stephanie Witte-Mason

Richard Woolman

Mark Wrobel

Kim Zell

12. Identify any changes made to the proposed rules based on comments received during the

public comment period:

Name &

Comments made at Written

Agency Rationale Rule number

Organization public hearing

Comments

for change

& citation

changed

R 338.12036

(2)

1

Michigan

Prior to the re-

write of the Rules agrees with the

that was

completed in

2019, all

The Department

Association of

Chiropractors/K

ristine Dowell

requested change,

as it would ease

the burden for

Eric DiMartino

applicants for

those applicants

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

Tim Gaughan

relicensure were seeking

Lisa Olszewski

required to satisfy relicensure.

EITHER of the

following:

• 45 hours of

continuing

education in the

preceding three

years, with all the

outlined

requirements, or

• Have been

licensed as a

chiropractor in

another state of

the United States

during the three-

year period

immediately

preceding the

application for

relicensure.

This was changed

in the most recent

re-write of the

Rules. Now,

doctors seeking

Michigan

relicensure

after their license

has been lapsed

for three years or

more are required

to have the 45

hours of

continuing

education AND

either:

• Have been

licensed in

another state for

the three years

preceding the

application

• Have passed the

National Board of

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

Chiropractic

Examiners

Special Purposes

Examination for

Chiropractic

(SPEC)

We feel that this

is overly

burdensome on

doctors seeking

relicensure, and

that if a doctor

has been

continuously

licensed in

another state for

the three years

immediately

preceding

application for

relicensure,

has been

following that

state’s continuing

education rules,

and has no

sanction against

his or her license

in that other state,

they are

presumed to have

the skills to

practice

chiropractic in

the state of

Michigan.

We also do not

believe that

passing the

NBCE SPEC

examination is

necessary to

establish the

presumption of

having the skills

and ability to

MCL 24.242 and 24.245

Agency Report to JCAR-Page 7

practice

chiropractic in

the state of

Michigan. It is

also important to

note that if a

doctor had never

been licensed in

Michigan at all,

the process to get

a license is much

less cumbersome,

but because

someone may

have gotten a

Michigan license

right out of

school but then

moved to another

state to practice,

and now wants to

come back, they

must follow a

completely

different and

more stringent set

of rules.

We would like to

see the rule re-

written to be

more in line with

the Rule prior to

the previous re-

write,

in which

chiropractors

have access to

two methods in

which to gain re-

licensure:

1. Continuing

Education; or,

2. Having been

continuously

licensed in

another state for

MCL 24.242 and 24.245

Agency Report to JCAR-Page 8

the immediate

past three years

We believe that

changing the

relicensure rule in

this way would

fulfill the Board’s

duty to protect

both the general

public and the

profession itself,

while easing a

burdensome

requirement on

applicants for

relicensure whose

license has been

expired for three

years or more.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 9

2

Ted Arkfeld

There are other

more fair and

reasonable

The Department

agrees that the

board should

R 338.12041

(2) and R

338.12042

options that

should be

continue to receive

and review

acceptable to the proposed

Board: All C.E. continuing

provider

education

organizations

providers under R

should apply and 338.12041(2) and

be reviewed by R 338.12042, and

the state Board… that continuing

Chiropractic

College C.E.

education

programs offered

courses should be by a chiropractic

automatically school (regardless

approved whether of modality)

classes are

offered On-

approved under R

338.12021 should

campus OR Off- be considered

campus. The

pandemic has

shown us that

educational

approved, as the

above would give

licensees many

different

diversity is valid opportunities to

and useful. There complete the

is no reason that continuing

an identical

education

course should

requirements

only be approved while ensuring

On-campus,

forcing

quality continuing

educational

Michigan’s

Chiropractors to

travel at added

risk and

programs.

expense.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 10

3

Macomb

County

Chiropractic

Association

Initial

The Department

agrees that the

continuing

education

programs that

R 338.12041

(2)

presentation of

C.E. courses

should not be

restricted to

A.C.A., I.C.A. or count as approved

M.A.C. for an attendee

presenters as ALL should also apply

presenters of

approved

to those same

programs in which

programs put in the licensee was a

time and effort to presenter.

produce their

lectures and

should be entitled

to the 2 hours

C.E. credit for

each hour of

presentation.

13.Date report completed:

10/18/2021

MCL 24.242 and 24.245