Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

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:

Jennifer Shaltry

Phone number of person completing this form:

517-241-3085

E-mail of person completing this form:

ShaltryJ1@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2022-36 LR

Title of proposed rule set:

Board of Nursing-General Rules

3. Purpose for the proposed rules and background:

The purpose of the Board of Nursing Rules is to regulate the prelicensure education, licensure,

specialty certification, licensure renewal, relicensure, continuing education for licensed nurses, and

the nursing professional fund scholarship program.

The proposed rules are intended to address the requirements to take the NCLEX examination; clarify

the nursing education program requirements; modify the nurse professional fund scholarship program

requirements; clarify continuing education requirements; modify the nurse specialty certification

requirements; and address licensure requirements.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

The proposed rules include the following changes:

General Provisions and Licensure: updates to comply with current drafting standards; clarification of

the process for licensure verification; recognition of a nursing education program accredited by the

Canadian Association of Schools of Nursing; allowing another state board of nursing to attest that an

unaccredited closed program, in that state, was in good standing when the program closed; requiring

an applicant to pass the NCLEX within 1 year of obtaining a skills competency evaluation; omitting

the curriculum review of an endorsement applicant who has been licensed for 5 years without

discipline; and easing the licensure requirements for Canadian applicants for endorsement.

Nursing Education Programs: clarification of the self-study content requirements; clarification that a

program may not enroll students until all site visit deficiencies have been rectified; clarification of

reporting requirements and the content of major program changes and requests for seat increases;

provision of a process to handle programs that lose accreditation; adoption of the most recent

standards of the International Nursing Association for Clinical Simulation and Learning; and updates

to the rules regarding board evaluation of a program and the action the board can take following a

program evaluation.

Nurse Specialty Certification: the portfolio option for the clinical nurse specialist will be omitted as

this option to obtain licensure has sunset.

Continuing Education: requiring renewal applicants, who also apply for a controlled substance

license, to complete a one-time training in opioids and other controlled substance awareness. Petitions

for a waiver of continuing education must be submitted at least 30 days before the last regularly

scheduled board meeting before the license expires.

Nurse Scholarship: Removal of the restriction prohibiting a student who has a full scholarship from

another source from participation.

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

publication dates:

The Flint Journal, September 21, 2023

The Grand Rapids Press, September 21, 2023

The Mining Journal, September 23, 2023

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

10/15/2023

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

10/16/2023 09:00 AM at UL-3 , 611 W. Ottawa Street, Lansing, Michigan

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=1395

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

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Jennifer Shaltry, Specialist, Bureau of Professional Licensing

Kerry Przybylo, Manager, Bureau of Professional Licensing

10. Persons submitting comments of support:

Jennifer Avery, Joshua Meringa, and Jaqueline Savalle.

11. Persons submitting comments of opposition:

John Leefers, Joshua Meringa, and Jaqueline Savalle.

12. Persons submitting other comments:

Jennifer Avery, Lauren Foltz, John Leefers, Joshua Meringa, Jaime Sinutko, and Debi Vendittelli.

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

public comment period:

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

2

Sinutko

Clarification was The board agreed R 338.10303

needed regarding that further detail (a)(ii)(D)

the content of the was needed to

survey that needs guide prospective

to be sent to

programs with

existing programs what to include in

by a prospective the survey.

new program.

Sinutko

Clarification was The board agreed R 338.10303

needed on the

details needed

regarding the

prospective

that further detail (a)(ix)

was needed to

guide prospective

programs on what

program’s plan to information was

recruit faculty,

the content of

needed regarding

the plans to recruit

student policies, faculty and student

and the need for policies.

signed clinical

contracts with the

clinical partners.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

3

4

Vendittelli

Commenter

suggested

removing "or

letters of

commitment"

from subrule (b) clinical partners

(vii).

Commenter

provided

suggestions on

rule content to

The board agreed R 338.10303

to remove rule

content to ensure

that signed

(b)(vii)

contracts with the

are submitted.

The board agreed R 338.10303b

with the

suggestion and

provided

(3)(a), (b),

(d), (f), and

(g)

provide clarity on clarifying

required content language so

in the nursing

education

programs would

understand the

program reports necessary content

and the self-

that must be

studies that are

provided when

submitted to the reporting to the

board.

Commenter

provided

board.

The board agreed R 338.10310a

5

Vendittelli

with the

(1)(a)(iv)

suggestions on

rule content to

suggestion and

provided

provide clarity on clarifying

required content language so that

of the NCLEX

Improvement

Plan that is

programs would

understand the

necessary content

submitted to the that must be

board when a

program’s pass

provided in the

NCLEX

rates fall below Improvement

80%. Plan.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

6

Vendittelli

Commenter

suggested

The board agreed R 338.10601

to remove the (3), (4), and

removing content information as that (5)

pertaining to

training for

identifying

was included in

error. The human

trafficking content

victims of human was removed from

trafficking as this subrule (3) and

does not belong subrules (4) and

in the continuing (5) renumbered.

education section

because the

training is a

licensure

requirement.

7

Meringa

Commenter

opposed the

change which

impacted the

continuing

The board agreed 338.10602(2)

with the comment (i)

and realized that

there was a

mistake in the

education credit draft. The

allowed for

correction was

acting as a nurse made to ensure

preceptor and

suggested giving given for this

continuing necessary service

proper credit was

education credit that nurses provide

to nursing clinical to students.

instructors

directly

supervising and

training nursing

students in

clinical settings.

8

Leefers

Commenter

opposed

removing the

continuing

education

The board

declined to keep (2)(j)

the continuing

R 338.10602

education

exemption for new

nurses because the

original rationale

exemption for

nurses in their

first license cycle for the exemption

based on the

orientation

was that a new

licensee’s cycle

programs newly was not a full

hired nurses cycle due to all

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

complete.

nurses’ licenses

expiring on the

same date under

the old licensing

platform. Under

the current

MiPLUS platform,

all initial nurse

licenses have a full

license cycle, so

the continuing

education

exemption is no

longer needed.

However, as a

compromise, the

board proposed

that credit be

granted toward the

continuing

education

requirement for

participation in

learning

experiences that

may include

clinical

experiences,

clinical laboratory

hours, or

classroom

instruction related

to nursing

orientation or

nurse residency

programs.

14.Date report completed:

2/21/2024

MCL 24.242 and 24.245