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:

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:

2023-35 LR

Title of proposed rule set:

Chiropractic – General Rules

3. Purpose for the proposed rules and background:

The Chiropractic – General Rules pertain to definitions, accreditation standards, training, educational

limited licenses, examination, licensure, relicensure, renewal, continuing education, and standards of

practice for chiropractors.

Amendment of the rules will take place to supply clarity on definitions, telehealth, accreditation

standards, training, educational limited licenses, examination, licensure, relicensure, renewal,

continuing education, and standards of practice for chiropractors.

4. Summary of proposed rules:

The proposed rules include clarifying language and typographical revisions, supplying conditions

related to consent, scope of practice, and standard of care for telehealth services, removal of the

requirement that a licensee must complete not less than two hours of continuing education in

performing and ordering tests, and clarification that a licensee who completes implicit bias training

under R 338.7004 may also use that training toward fulfillment of continuing education requirements.

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

publication dates:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

The Flint Journal, February 27, 2024.

The Grand Rapids Press, February 27, 2024.

The Mining Journal, February 29, 2024.

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

3/15/2024

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

3/19/2024 09:00 AM at UL-5 , 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=1462

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

Weston MacIntosh, Departmental Specialist, Bureau of Professional Licensing.

Dena Marks, Departmental Specialist, Bureau of Professional Licensing.

10. Persons submitting comments of support:

None.

11. Persons submitting comments of opposition:

Martha O’Connor.

12. Persons submitting other comments:

None.

13. 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 3

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

Under R

1

Martha

While the board

R 338.12036

O’Connor

338.12036(1)(c) did not agree with (1)(c)(ii)

(ii), it says “Not the complete

more than 15

continuing

elimination of the

requirement, the

education hours board was

in distance

learning

agreeable to

increasing the

programs.” This number of

limitation on the continuing

use of distance

learning

programs for

satisfying

continuing

education

education hours

that an applicant

for relicensure

may complete via

distance learning

programs from 15

to 20.

requirements is

overly

burdensome and

unnecessary for

relicensure

applicants,

requiring the

expenditure of

extra money,

time, and travel,

and is unlike the

continuing

education

requirements for

most other

professions. The

Department

should strike this

requirement and

remove it from

the rules. The

removal of this

requirement

would

accordingly move

the content of R

338.12036(1)(c)

(i), with proper

editing, to R

338.12036(1)(c).

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

Under R

2

Martha

While the board

R 338.12036

O’Connor

338.12036(2)(d) did not agree with (2)(d)(i)(C)

(i)(C), it says the complete

“Not more than elimination of the

15 continuing requirement, the

education hours board was

in distance

learning

agreeable to

increasing the

programs.” This number of

limitation on the continuing

use of distance

learning

programs for

satisfying

continuing

education

education hours

that an applicant

for relicensure

may complete via

distance learning

programs from 15

to 20.

requirements is

overly

burdensome and

unnecessary for

relicensure

applicants,

requiring the

expenditure of

extra money,

time, and travel,

and is unlike the

continuing

education

requirements for

most other

professions. The

Department

should strike this

requirement and

remove it from

the rules.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

Under R

3

Martha

While the board

R 338.12041

O’Connor

338.12041(1)(b), did not agree with (1)(b)

it says “Not less the complete

than 15 hours of elimination of the

continuing

education must

requirement, the

board was

be completed by agreeable to

attending a live, lowering the

in-person

number of

program.” This continuing

live, in-person

education hours

requirement for that an applicant

satisfying

continuing

education

for renewal must

complete via live,

in-person

requirements is

overly

programs from 15

to 10.

burdensome and

unnecessary for

license renewals,

requiring the

expenditure of

extra money,

time, and travel,

and is unlike the

continuing

education

requirements for

most other

professions. The

Department

should strike this

requirement and

remove it from

the rules.

4

Martha

Under R

The board agreed R 338.12041

O’Connor

338.12041(2)(a), that continuing

it says, education

(2)(a)

“Attendance at or approved or

participation in a offered by

continuing

education

program or

Providers of

Approved

Continuing

activity related to Education (PACE)

the practice of

chiropractic, or

of the Federation

of Chiropractic

MCL 24.242 and 24.245

Agency Report to JCAR-Page 7

any non-clinical Licensing Boards

subject relevant (FCLB) is

to the practice of continuing

chiropractic

education,

education that the

board and the

administration,

department should

management, or approve under the

science, which

includes, but is

not limited to,

live in-person

programs,

rules.

interactive or

monitored

teleconferences,

audio-

conferences, web

-based programs,

online programs,

and review of

journal articles or

other self-study

programs

approved or

offered by the

Michigan

Association of

Chiropractors

(MAC) according

to the

following:”. This

provision places

the MAC at an

unfair,

competitive

advantage over

other providers of

continuing

education both

inside and outside

this state and is

overly

burdensome to

licensees,

especially

licensees found

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Agency Report to JCAR-Page 8

outside this state.

Approximately

75% of states

throughout the

country currently

recognize

Providers of

Approved

Continuing

Education

(PACE) of the

Federation of

Chiropractic

Licensing Boards

(FCLB) as

ensuring quality

chiropractic

continuing

education

programs. For

this reason, PACE

should be

included under R

338.12041(2)(a),

and the

Department

should revise the

provision to say

the following:

“Attendance at or

participation in a

continuing

education

program or

activity related to

the practice of

chiropractic, or

any non-clinical

subject relevant

to the practice of

chiropractic

education,

administration,

management, or

science, which

includes, but is

MCL 24.242 and 24.245

Agency Report to JCAR-Page 9

not limited to,

live in-person

programs,

interactive or

monitored

teleconferences,

audio-

conferences, web

-based programs,

online programs,

and review of

journal articles or

other self-study

programs

approved or

offered by the

Michigan

Association of

Chiropractors

(MAC) or

Providers of

Approved

Continuing

Education

(PACE)

according to the

following:”

14.Date report completed:

9/18/2024

MCL 24.242 and 24.245