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:  
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:  
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8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
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