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:

Dena Marks

Phone number of person completing this form:

517-335-3679

E-mail of person completing this form:

MarksD1@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2020-109 LR

Title of proposed rule set:

Public Health Code - General Rules

3. Purpose for the proposed rules and background:

The Public Health Code General Rules establish the specific dates that a license or registration

renewal period begins or ends for licenses and registrations regulated by the Public Health Code. The

rule set provides general rules applicable to all professionals regulated under Article 15 of the Public

Health code. Additionally, Governor Whitmer issued Executive Directive 2020-7 to improve equity

in the delivery of health care services to the people of the State of Michigan. COVID-19 data

reported by the state has revealed disparities in health outcomes associated with demographic factors

such as race, ethnicity, and gender. Such disparities can unintentionally arise due to implicit bias.

The directive requires health workers to obtain training on how to recognize and mitigate implicit

bias to reduce the disparities and provide the best health care to all patients under the care of health

care workers licensed under Article 15 of the Public Health Code, except for persons practicing under

Part 188 (Veterinary Medicine).

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

The proposed rules will add a definition for “implicit bias.” Amendments will be made to biennial

license and registration renewals, and the date of renewal for acupuncture, audiology, chiropractic,

marriage and family therapy, nursing home administrators, psychology, sanitarians, and speech-

language pathology will be changed to the date of the year when the licensee’s initial license or a

registrant’s initial registration was issued. Dental therapy will be added to biennial renewals and the

renewal date provided. Amendments will be made to triennial license and registration renewals, and

the date of renewal for athletic trainers and massage therapy will be changed to the date of the year

when the licensee’s initial license was issued. Amendments will be made to the rule providing the

minimum English language standard for licensure or registration to clarify the name of the Michigan

English Test and the score required. A new proposed rule will be added to establish the implicit bias

training requirements for health care professionals to ensure that Michigan residents do not encounter

barriers or disparities in access to or delivery of health care services.

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

publication dates:

Flint Journal, February 12, 2021

Grand Rapids Press, February 12, 2021

Mining Journal, February 12, 2021

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

2/15/2021

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

3/9/2021 01:00 PM at The hearing will be held via Zoom. , https://us02web.zoom.us/j/81431417388?

pwd=SEVJelBOYkx5MkZzZ2w5NGwvNXZtUT09

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=1235

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

Dena Marks, Senior Policy Analyst, Boards and Committees Section, Bureau of Professional

Licensing

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

Stephanie Wysack, Board Support Technician, Boards and Committees Section, Bureau of

Professional Licensing

10. Persons submitting comments of support:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

James Blundo, Executive Director, Michigan Mental Health Counselors Association

Floyd Booker, Director of Diversity and Inclusion, Hope Network

Margaret Bruder

Martina T. Caldwell, Medical Director of Diversity & Inclusion, Henry Ford Medical Group

Adam Carlson, Vice President, Advocacy, Michigan Health & Hospital Association

Alisha Cottrell, Vice President, Advocacy, Ascension Michigan

Rhonda Dailey

Victoria Dinkin

Chris Farrell, Oral Health Program Director, Division of Child and Adolescent Health, Michigan

Department of Health and Human Services

Anthony Flevaris, BHMS School Counselor

Bridget Hurd, Vice President, Inclusion and Diversity, Blue Cross and Blue Shield of Michigan

Ellen Sugrue Hyman, Executive Director, Michigan Oral Health Coalition

Michael Joy

Malarie Luft

Edward Mathis, President, American Physical Therapy Association, Michigan

Mark McWilliams, Disability Rights Michigan

Michelle Mertic, Guidance Center

Julie Novak, Chief Executive Officer, Michigan State Medical Society

Kelli Pierce, Vice President for Advocacy, Michigan Speech-Language-Hearing Association

Jodee Fishman Raines, COO, New Detroit, Inc.

Julia Rice, Executive Director, American Physical Therapy Association, Michigan

Lee Roosevelt, Clinical Assistant Professor, School of Nursing University of Michigan – Ann Arbor

Feyrouz Saad, Executive Director, Office of Global Michigan, Michigan Department of Labor and

Economic Opportunity

Laura Schmidt

Shannon McKenney Shubert, Executive Director, Michigan Breastfeeding Network

Gregory J. Spray, President, Michigan Speech-Language-Hearing Association

Sherrie Springer

Beth Straebel, System Director, Organizational Effectiveness, Munson Healthcare

James Sullivan

Sandy Sutton, Greater Detroit Dental Hygienist’s Association

Kendra Thelen

Steve Tobocman, Executive Director, Global Detroit

Sara Van Tongeren

Kimberlydawn Wisdom, Department of Community Health, Equity, Wellness and Diversity, Henry

Ford Health System

11. Persons submitting comments of opposition:

None.

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

public comment period:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

Name &

Comments made at Written

Agency Rationale Rule number

Organization public hearing

Comments

for change

& citation

changed

1

Feyrouz Saad,

Executive

Director, Office

of Global

The commenters The department

R 338.7002b

stated that the

Occupational

English Test

agreed that the

OET, which is

accepted by the

Michigan,

(OET) should be Educational

Michigan

Department of

Labor and

added for

applicants to

demonstrate the Graduates/Foundat

applicant’s ability ion for

Commission for

Foreign Medical

Economic

Opportunity

to meet the

Advancement of

minimum English International

Steve

language standard Medical Education

Tobocman,

Executive

Director, Global

Detroit

for licensure.

and Research and

The commenters was specifically

recommended a designed for

minimum overall healthcare

score of 300 be

accepted.

professionals,

should be included

as an approved

examination.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

2

James Sullivan

The commenter As a part of the

stated that an credentialing of

applicant who has several

R 338.7002b

had their

professions, such

educational

credentials

evaluated by a

credential

as pharmacy and

nursing, an

English

proficiency

evaluation service examination is

will have already required. If the

had English

credentialing

proficiency tested agency requires a

and should not be different

required to take a examination than

second test. The one already

commenter

recommended

adding this to

approved in this

rule, the applicant

could be required

satisfy the rule: to pass two

“The applicant’s English

credentials and

English

proficiency

examinations to be

proficiency have licensed. The

been evaluated department agreed

and determined to that adding

be equivalent to approval of the

the credentials

required in this

examination

required by the

state by a board- board-approved

approved

credentialing

agency.”

credentialing

agency will

eliminate that

possibility.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

3

Chris Farrell,

Oral Health

Program

Director,

Division of

Child &

The commenter The department

R 338.7004

stated that the

word “health”

should be

agreed that health

care, not just

medical care, was

intended.

substituted for

“medical”

Adolescent

Health, Mich.

Dept. of Health

and Human

Services

throughout the

rule because it

implies that only

physical health is

intended.

Ellen Sugrue

Hyman,

Executive

Director,

Michigan Oral

Health

Coalition

4

Adam Carlson,

Vice President,

Advocacy,

Michigan

The commenter The department

stated that the use agreed that the use (3)(c)

R 338.7004

of “training

provider” may

of “provider” may

cause confusion

Health &

cause confusion and that

Hospital

Association

and should be

changed to

organizations

specializing in

“instructor” or an diversity, equity,

equivalent term. and inclusion

Additionally, the issues should be

commenter stated added as approved

that a subsection sponsors.

(v) should be

added to include

nationally

recognized

diversity, equity,

and inclusion

firms.

13.Date report completed:

4/7/2021

MCL 24.242 and 24.245