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:  
Andria Ditschman  
Phone number of person completing this form:  
517-290-3361  
E-mail of person completing this form:  
DitschmanA@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2020-28 LR  
Title of proposed rule set:  
Occupational Therapists - General Rules  
3. Purpose for the proposed rules and background:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The purpose of the Board of Occupational Therapist Rules is to regulate the prelicensure education,  
licensure, licensure renewal, relicensure, and continuing education for occupational therapists and  
occupational therapy assistants. The proposed rules are intended to: delete prohibited conduct; delete  
English proficiency requirement as the requirements will be added to a Public Health Code general  
rule; add statutory references; update references to educational program standards; clarify when an  
applicant may sit for the occupational therapist exam and occupational therapist assistant exam;  
clarify that the Department not the Board will grant an applicant a limited license to complete the  
supervised practice experience for an occupational therapist or occupational therapist assistant whose  
registration as lapsed; clarify that a limited license for supervised practice for an occupational  
therapist or occupational therapist assistant whose registration has lapsed may be renewed 1 time;  
allow supervised practice experience to be supervised by an occupational therapist in or out of the  
state of Michigan; add a good standing provision to the relicensure and endorsement requirements;  
clarify the requirements for licensure for an occupational therapist who graduated from a non-  
accredited postsecondary institution; add a rule regarding the requirements for licensure for an  
occupational therapist assistant who graduated from a non-accredited postsecondary institution;  
clarify that an applicant for licensure by endorsement must have an active license in another state;  
clarify the requirements for relicensure for both an occupational therapist and occupational therapist  
assistant; and clarify that one-half of continuing education may be completed in person or through  
live webinars.  
4. Summary of proposed rules:  
Overview: The proposed rules clarify definitions; clarify a licensee’s or registrant’s duty to report  
changes to his or her name, postal address, and electronic mail address; clarify the rule related to  
compliance conferences; rescind rules that are duplicative of statute; add rules regarding unlicensed  
activity; advise respondents about the service of a complaint or notice of hearing; advise a licensee or  
registrant that an investigation may include potential violations beyond those originally alleged;  
clarify when a contested case begins; and advise where and when pleadings should be filed after a  
complaint is issued.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
Marquette Mining Journal – September 1, 2020; Flint Journal – August 23, 2020; Grand Rapids Press  
– August 23, 2020  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
9/15/2020  
7. Date, time, and location of public hearing:  
9/18/2020 09:00 AM at This meeting will be held virtually via Zoom pursuant to Executive Order  
2020-132. , Web Link: https://zoom.us/j/91279939415?  
pwd=NVRtVGZ0d3orNWpQbW04L2lKSE05UT09, Password for Video Connection: 448597;  
Phone number: 877-336-1831, Code: 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=156  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
9. List of the name and title of agency representative(s) attending public hearing:  
Kerry Przybylo, Manager; Andria Ditschman, Senior Policy Analyst; Weston MacIntosh, Senior  
Policy Analyst; Dena Marks, Senior Policy Analyst; and LeAnn Payne, Board Support.  
10. Persons submitting comments of support:  
No persons submitted comments in support.  
11. Persons submitting comments of opposition:  
Bethany Burge, MS, OTR/L, CNP, CAPS, participated in the virtual public hearing and sent a written  
comment.  
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
Bethany Burge The original language  
in the rules that  
The Board agrees R 338.1252  
with the comment (1)(a) and (2)  
to delete “in  
person” due to the  
amount of CE that  
is being offered on  
-line in an  
allowed for "live and  
synchronous"  
continuing education  
(CE) courses seemed  
to allow greater  
flexibility for  
interactive format,  
and the difficulty  
of finding CE that  
is “in person.” The  
rule should read  
“live,  
synchronous, and  
interactive.” This  
also requires a  
modification to (1)  
(a) to clarify that  
the limitation of  
not more than 10  
CE hours earned  
during a 24-hour  
period applies to  
hours that are  
completing CEs into  
the future. Utilizing  
platforms such as  
Zoom, Google Meet,  
and other electronic  
services that allow for  
virtual "in person"  
participation may  
become especially  
important during and  
immediately post  
pandemic to maintain  
professional  
certification (2021-  
beyond). It is  
unfortunate it will be  
rescinded in favor of  
"live and in person"  
however, if the  
asynchronous and  
not interactive.  
Governor's Orders can  
supersede these rules,  
perhaps it's not  
necessarily an issue.  
13.Date report completed:  
11/16/2020  
MCL 24.242 and 24.245  
;