Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

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

Email of person completing this form:

MacIntoshW1@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

RULE SET INFORMATION:

MOAHR assigned rule set number:

2023-35 LR

Title of the proposed rule set:

Chiropractic – General Rules

1. Purpose of 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.

2. Summary of the 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.

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

dates:

The Flint Journal, February 27, 2024.

The Grand Rapids Press, February 27, 2024.

The Mining Journal, February 29, 2024.

4. Date of publication of the proposed rules and notice of public hearing in the Michigan Register:

3/15/2024

5. Date, time, and location of the public hearing:

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Agency Report to JCAR -Page 2

3/19/2024 09:00 AM at UL-5, 611 W. Ottawa Street, Lansing, Michigan

6. 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

7. 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.

8. Persons submitting comments of support:

None.

9. Persons submitting comments of opposition:

Martha O’Connor.

10. Persons submitting other comments:

None.

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

comment period:

Name &

Comments Made at Written Comments

Agency Rationale for Rule Rule Number &

Organization Public Hearing

Change & Description of

Change(s) Made

Citation

Changed

1

Martha

Under R

While the board did not agree R

O’Connor

338.12036(1)(c)(ii), it

with the complete elimination 338.12036(1)(c)(i

says “Not more than 15 of the requirement, the board i)

continuing education

hours in distance

learning programs.”

This limitation on the

use of distance

was agreeable to increasing

the number of continuing

education hours that an

applicant for relicensure may

complete via distance

learning programs for learning programs from 15 to

satisfying continuing

education requirements

is overly burdensome

and unnecessary for

relicensure applicants,

requiring the

20.

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

MCL 24.242 and 24.245

Agency Report to JCAR -Page 3

proper editing, to R

338.12036(1)(c).

2

3

4

Martha

O’Connor

Under R

While the board did not agree R

338.12036(2)(d)(i)(C), it with the complete elimination 338.12036(2)(d)(i

says “Not more than 15 of the requirement, the board )(C)

continuing education

hours in distance

learning programs.”

This limitation on the

use of distance

was agreeable to increasing

the number of continuing

education hours that an

applicant for relicensure may

complete via distance

learning programs for learning programs from 15 to

satisfying continuing

education requirements

is overly burdensome

and unnecessary for

relicensure applicants,

requiring the

20.

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.

Under R

338.12041(1)(b), it

says “Not less than 15 of the requirement, the board

hours of continuing

education must be

completed by attending education hours that an

a live, in-person applicant for renewal must

program.” This live, in- complete via live, in-person

person requirement for programs from 15 to 10.

satisfying continuing

education requirements

is overly burdensome

and unnecessary for

license renewals,

requiring the

expenditure of extra

money, time, and

Martha

O’Connor

While the board did not agree R

with the complete elimination 338.12041(1)(b)

was agreeable to lowering

the number of continuing

travel, and is unlike the

continuing education

requirements for most

other professions. The

Department should

strike this requirement

and remove it from the

rules.

Martha

O’Connor

Under R

338.12041(2)(a), it

The board agreed that

continuing education

R

338.12041(2)(a)

says, “Attendance at or approved or offered by

participation in a

continuing education

program or activity

Providers of Approved

Continuing Education (PACE)

of the Federation of

MCL 24.242 and 24.245

Agency Report to JCAR -Page 4

related to the practice Chiropractic Licensing

of chiropractic, or any Boards (FCLB) is continuing

non-clinical subject

education that the board and

relevant to the practice the department should

of chiropractic

approve under the rules.

education,

administration,

management, or

science, which

includes, but is 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)

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 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

MCL 24.242 and 24.245

Agency Report to JCAR -Page 5

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 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:”

12. Date report completed:

5/7/2026

MCL 24.242 and 24.245