Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

REGULATORY IMPACT STATEMENT

and COST-BENEFIT ANALYSIS (RIS)

Agency Information:

Department name:

Licensing and Regulatory Affairs

Bureau name:

Bureau of Professional Licensing

Name of person filling out RIS:

Weston MacIntosh

Phone number of person filling out RIS:

517-241-9269

E-mail of person filling out RIS:

MacIntoshW1@michigan.gov

Rule Set Information:

ARD assigned rule set number:

2024-60 LR

Title of proposed rule set:

Sanitarians Registration – General Rules

Comparison of Rule(s) to Federal/State/Association Standard

1. Compare the proposed rules to parallel federal rules or standards set by a state or national licensing agency or

accreditation association, if any exist.

There are no parallel federal rules or standards set by a state or national licensing agency or accreditation association.

A. Are these rules required by state law or federal mandate?

No state law or federal mandate requires the rules.

B. If these rules exceed a federal standard, please identify the federal standard or citation, describe why it is

necessary that the proposed rules exceed the federal standard or law, and specify the costs and benefits arising out

of the deviation.

The rules do not exceed a federal standard or law.

2. Compare the proposed rules to standards in similarly situated states, based on geographic location, topography,

natural resources, commonalities, or economic similarities.

MCL 24.245(3)

RIS-Page 2

The rules supply the conditions and requirements for registration, reregistration, and renewal for sanitarians.

Some of the Great Lakes states have rules regulating the practice of sanitarians, as listed below. As further noted

below, some states refer to sanitarians by different names, and may require either licensure or registration:

In Illinois, applicants for licensure as environmental health practitioners must either: (1) Hold a bachelor's degree

from an accredited college or university approved by the National Environmental Health Science and Protection

Accreditation Council (EHAC); (2) Hold a bachelor's degree from an accredited college or university which included

a minimum of 30 semester hours, or the equivalent, of basic sciences and 12 months of full-time experience; or (3)

Hold a master's degree in public health or environmental health science from an accredited college or university if the

applicant has completed a minimum of 30 semester or equivalent hours of basic science. Applicants must pass the

National Environmental Health Association (NEHA) Registered Environmental Health Specialist/Registered

Sanitarian (REHS/RS) examination.

In Minnesota, applicants for registration as an environmental health specialist/registered sanitarian must supply

evidence of receiving a baccalaureate or postbaccalaureate degree in environmental health, sanitary science, sanitary

engineering, or other related environmental health field which includes at least thirty semester or forty-five quarter

hour credits in the physical or biological sciences. Applicants must supply evidence of at least one year of supervised

employment. Applicants must pass the NEHA REHS/RS examination.

In Ohio, applicants for registration as a sanitarian must either: (1) Graduate from an accredited college or university

with at least a baccalaureate degree, including at least forty-five quarter units or thirty semester units of science

courses and completed at least two years of full-time employment as a sanitarian; (2) Graduate from an accredited

college or university with at least a baccalaureate degree and completed a major in environmental health science

which included an internship program and completed at least one year of full-time employment as a sanitarian; or (3)

Graduate from an accredited college or university with a degree higher than a baccalaureate degree, including at least

forty-five quarter units or thirty semester units of science courses and completed at least one year of full-time

employment as a sanitarian. Applicants must pass the NEHA REHS/RS examination.

In Wisconsin, applicants for registration must either: (1) Have a baccalaureate or higher degree in environmental

health from an accredited college or university with academic credits in physical, biological, chemical, environmental

or environmental health areas and one year of full-time equivalent employment in the field of environmental health;

(2) Have a baccalaureate or higher degree in physical or biological sciences from an accredited college or university

with academic credits in physical, biological, chemical, environmental or environmental health areas and 2 years of

full-time equivalent employment in the field of environmental health; (3) Have a baccalaureate or higher degree from

an accredited college or university and 4 years of full-time equivalent employment in the field of environmental

health; (4) Have an associate degree from an accredited college, community college or technical institute in

environmental, physical, biological or chemical sciences, and 5 years of full-time equivalent employment in the field

of environmental health; or (5) Have an associate degree from an accredited college, community college or technical

institute and 8 years of full-time equivalent employment in the field of environmental health. Applicants must pass

the NEHA REHS/RS examination.

When compared to other Great Lakes states, Michigan’s registration requirements for sanitarians are like other Great

Lakes states.

A. If the rules exceed standards in those states, please explain why and specify the costs and benefits arising out of

the deviation.

MCL 333.16145 and MCL 333.16148 allow promulgation of rules related to registration. The rules do not exceed the

requirements of other states.

3. Identify any laws, rules, and other legal requirements that may duplicate, overlap, or conflict with the proposed

rules.

There are no federal regulations for sanitarians. There are no other laws, rules, or other legal requirements that

duplicate, overlap, or conflict with the proposed rules.

MCL 24.245(3)

RIS-Page 3

A. Explain how the rules have been coordinated, to the extent practicable, with other federal, state, and local laws

applicable to the same activity or subject matter. This section should include a discussion of the efforts undertaken

by the agency to avoid or minimize duplication.

Review of applicable statutory law avoided unnecessary duplication in the rules. There are no other federal or local

laws applicable to this activity.

Purpose and Objectives of the Rule(s)

4. Identify the behavior and frequency of behavior that the proposed rules are designed to alter.

The specific topics that the proposed rules address, and the purpose of the proposed rules are set forth below:

R 338.3911. This rule sets forth the adoption of educational accreditation standards. The rule revision updates

environmental health baccalaureate programs accreditation standards and updates environmental health graduate

programs accreditation standards.

R 338.3921. This rule sets forth the requirements for training on identifying victims of human trafficking. The rule

revision removes language that is no longer necessary.

R 338.3925 and R 338.3927 include grammatical or typographical edits to follow current drafting standards and to

supply clarification for easier reading.

R 338.3929. This rule sets forth the requirements for reregistration. The rule revision expands the period in which an

applicant may pass the examination for reregistration.

R 338.3931. This rule sets forth the requirements for renewal of a registration. The rule revision removes the

reference to the two-year registration cycle.

A. Estimate the change in the frequency of the targeted behavior expected from the proposed rules.

Promulgation of rules related to registration is necessary under statute. This supplies a regulatory framework for the

practice of sanitarians. The proposed changes supply greater clarity for registrants and aid them in understanding the

requirements of the rules.

B. Describe the difference between current behavior/practice and desired behavior/practice.

Statute regulates the practice of sanitarians. The rules update the standards of educational programs and add

clarifications. Adding clarifications on points that may have been ambiguous under prior rules will make compliance

easier for applicants and registrants.

C. What is the desired outcome?

Regulation is necessary for individuals who wish to practice as sanitarians. By improving and clarifying the rules,

applicants and registrants should find compliance easier. This should result in fewer questions, fewer regulatory

problems, and greater safety and protection of the public.

5. Identify the harm resulting from the behavior that the proposed rules are designed to alter and the likelihood

that the harm will occur in the absence of the rule.

Outdated rules create conflict and confusion for sanitarians. The proposed rules update previously adopted rules.

Changes made specifically address the following:

R 338.3911 pertains to accreditation standards for sanitarian educational training programs. Outdated standards

supply little help or guidance on proper training of sanitarians. The updated standards ensure future registrants are

properly qualified.

R 338.3929 pertains to reregistration. The proposed changes clarify the reregistration requirements for applicants.

R 338.3931 pertains to registration renewal. The revisions clarify the renewal requirements for registrants.

A. What is the rationale for changing the rules instead of leaving them as currently written?

MCL 24.245(3)

RIS-Page 4

The proposed rule set updates outdated standards and supplies greater clarity to the rules for registration.

6. Describe how the proposed rules protect the health, safety, and welfare of Michigan citizens while promoting a

regulatory environment in Michigan that is the least burdensome alternative for those required to comply.

The proposed rules supply a regulatory mechanism for the practice of sanitarians. To protect the health, safety, and

welfare of Michigan’s citizens, it is important that members of the profession adhere to educational and professional

standards. The rules ensure that applicants receive proper education and training prior to registration and that

registrants are competent to practice. There is no less burdensome way to ensure that applicants and registrants satisfy

minimum requirements for practice.

7. Describe any rules in the affected rule set that are obsolete or unnecessary and can be rescinded.

No rescission of any rules is necessary.

Fiscal Impact on the Agency

Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e. hiring additional staff,

higher contract costs, programming costs, changes in reimbursements rates, etc. over and above what is currently

expended for that function. It does not include more intangible costs for benefits, such as opportunity costs, the value of

time saved or lost, etc., unless those issues result in a measurable impact on expenditures.

8. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings for

the agency promulgating the rule).

There is no expected fiscal impact on the agency for promulgating the proposed rules.

9. Describe whether or not an agency appropriation has been made or a funding source provided for any

expenditures associated with the proposed rules.

There has been no agency appropriation for the proposed rules because there are no expected agency expenditures

associated with the proposed rules.

10. Describe how the proposed rules are necessary and suitable to accomplish their purpose, in relationship to the

burden(s) the rules place on individuals. Burdens may include fiscal or administrative burdens, or duplicative

acts.

The proposed rules supply a mechanism for the registration and regulation of individuals in this state. Applicants and

registrants will continue to have a cost related burden associated with registration, renewal, or reregistration. The

cost of registration for a registered sanitarian by exam is $148.70. The cost of registration for a registered sanitarian

by endorsement is $148.70. The cost of reregistration for a registered sanitarian is $168.70. The cost of renewal of

registration for a registered sanitarian is $121.20.

A. Despite the identified burden(s), identify how the requirements in the rules are still needed and reasonable

compared to the burdens.

The rules are necessary to supply a mechanism for registration and regulation of the profession. The rules are not

more restrictive than those allowed by statute. Despite the cost related burden of registration, the rules and

regulations are necessary to supply a framework of standards for educational and registration requirements.

Impact on Other State or Local Governmental Units

11. Estimate any increase or decrease in revenues to other state or local governmental units (i.e. cities, counties,

school districts) as a result of the rule. Estimate the cost increases or reductions for other state or local

governmental units (i.e. cities, counties, school districts) as a result of the rule. Include the cost of equipment,

supplies, labor, and increased administrative costs in both the initial imposition of the rule and any ongoing

monitoring.

There is no expected increase or decrease in revenues to other state or local government units, nor are there cost

increases or reductions on other state or local government units expected because of the proposed rules.

12. Discuss any program, service, duty, or responsibility imposed upon any city, county, town, village, or school

district by the rules.

The proposed rules do not impose any program, service, duty, or responsibility upon any city, county, town, village,

or school district.

MCL 24.245(3)

RIS-Page 5

A. Describe any actions that governmental units must take to be in compliance with the rules. This section should

include items such as record keeping and reporting requirements or changing operational practices.

No action is necessary for governmental units to follow the rules.

13. Describe whether or not an appropriation to state or local governmental units has been made or a funding

source provided for any additional expenditures associated with the proposed rules.

State and local government units will incur no added expenditures because of implementing the proposed rules.

Therefore, no appropriation or funding source is necessary.

Rural Impact

14. In general, what impact will the rules have on rural areas?

There is no expected disparate impact on rural areas because of the proposed rules.

A. Describe the types of public or private interests in rural areas that will be affected by the rules.

There is no expected disparate impact on public or private interests in rural areas because of the proposed rules.

Environmental Impact

15. Do the proposed rules have any impact on the environment? If yes, please explain.

No, the proposed rules will have no impact on the environment.

Small Business Impact Statement

16. Describe whether and how the agency considered exempting small businesses from the proposed rules.

The Michigan Public Health Code authorizes the department to regulate individuals with sanitarian registrations, not

small businesses. Even if a registrant’s practice qualified as a small business, the department could not exempt the

registrant’s small business because it would create disparity in the regulation of the profession.

17. If small businesses are not exempt, describe (a) the manner in which the agency reduced the economic impact

of the proposed rules on small businesses, including a detailed recitation of the efforts of the agency to comply

with the mandate to reduce the disproportionate impact of the rules upon small businesses as described below (in

accordance with MCL 24.240(1)(a-d)), or (b) the reasons such a reduction was not lawful or feasible.

There is no expected economic impact on small businesses because of the proposed rules. The proposed rules affect

individual registrants rather than small businesses.

A. Identify and estimate the number of small businesses affected by the proposed rules and the probable effect on

small businesses.

The department does not collect or have access to information that would allow it to find and estimate the potentially

affected number of small businesses. It is impossible to estimate the number of small businesses affected by the

proposed rules. The only small businesses affected by these rules are registered sanitarians practicing in small

business settings. The department does not track or have access to this type of information since it is not a data

repository. There is no expected economic impact on small businesses because of the proposed rules.

B. Describe how the agency established differing compliance or reporting requirements or timetables for small

businesses under the rules after projecting the required reporting, record-keeping, and other administrative costs.

Because the proposed rules pertain to individuals and not small businesses, they do not have differing compliance or

reporting requirements or timetables for small businesses. They are unnecessary for the proposed rules.

C. Describe how the agency consolidated or simplified the compliance and reporting requirements for small

businesses and identify the skills necessary to comply with the reporting requirements.

The proposed rules do not impose any compliance requirements or reporting requirements for small businesses.

D. Describe how the agency established performance standards to replace design or operation standards required

by the proposed rules.

The agency did not set up performance standards to replace design or operation standards.

18. Identify any disproportionate impact the proposed rules may have on small businesses because of their size or

geographic location.

MCL 24.245(3)

RIS-Page 6

The proposed rules affect individual registrants rather than small businesses. Therefore, there is no expected

disproportionate impact on small businesses based on size or geographic location because of the rules.

19. Identify the nature of any report and the estimated cost of its preparation by small businesses required to

comply with the proposed rules.

The proposed rules do not require any reports. There are no reports that a small business would have to complete.

20. Analyze the costs of compliance for all small businesses affected by the proposed rules, including costs of

equipment, supplies, labor, and increased administrative costs.

There is no expectation of an effect on small businesses because of the proposed rules, nor are there any added costs,

because the proposed rules apply to individuals and not businesses.

21. Identify the nature and estimated cost of any legal, consulting, or accounting services that small businesses

would incur in complying with the proposed rules.

The proposed rules, which apply to individuals and not businesses, should not create a need for any legal, consulting,

or accounting services for small businesses to be able to follow the proposed rules.

22. Estimate the ability of small businesses to absorb the costs without suffering economic harm and without

adversely affecting competition in the marketplace.

Since the rules affect individual registrants rather than small businesses, there is no expected cause of economic harm

or for the rules to adversely affect competition in the marketplace.

23. Estimate the cost, if any, to the agency of administering or enforcing a rule that exempts or sets lesser

standards for compliance by small businesses.

The proposed rules impose requirements on individual registrants rather than small businesses. Even if a registrant’s

practice qualifies as a small business, the department could not exempt the registrant’s small business because it

would create disparity in regulation of the profession. Therefore, exempting or setting lesser standards of

competence for small businesses is not in the best interest of the public. It would likely cost the agency more to

devote staff time to determining which registrants work for small businesses and then enforce different requirements

for those individuals.

24. Identify the impact on the public interest of exempting or setting lesser standards of compliance for small

businesses.

The department is not able to exempt registrants that own a small business. If the department exempted small

businesses, it would create a disparity in the regulation of a profession and have a negative impact on public safety.

25. Describe whether and how the agency has involved small businesses in the development of the proposed rules.

The department developed the proposed rules by including the opportunity for any member of the public, including

applicants and registrants, to take part in an open

rules work group meeting. Some members of the public may work in a small business, but members of the public

were not involved in the development of the rules as representatives of small businesses.

A. If small businesses were involved in the development of the rules, please identify the business(es).

No small businesses took part in the development of the rules.

Cost-Benefit Analysis of Rules (independent of statutory impact)

26. Estimate the actual statewide compliance costs of the rule amendments on businesses or groups.

There are no estimated compliance costs with these rule amendments on businesses or groups.

A. Identify the businesses or groups who will be directly affected by, bear the cost of, or directly benefit from the

proposed rules.

The proposed rules directly affect registrants. Registrants bear the cost of and directly benefit from the proposed

rules.

B. What additional costs will be imposed on businesses and other groups as a result of these proposed rules (i.e.

new equipment, supplies, labor, accounting, or recordkeeping)? Please identify the types and number of businesses

and groups. Be sure to quantify how each entity will be affected.

There will be no expected added costs imposed upon registrants because of compliance with these proposed rules.

27. Estimate the actual statewide compliance costs of the proposed rules on individuals (regulated individuals or

the public). Include the costs of education, training, application fees, examination fees, license fees, new

equipment, supplies, labor, accounting, or recordkeeping.

MCL 24.245(3)

RIS-Page 7

Applicants and registrants will continue to have a cost related burden associated with registration, renewal, or

reregistration. The cost of registration for a registered sanitarian by exam is $148.70. The cost of registration for a

registered sanitarian by endorsement is $148.70. The cost of reregistration for a registered sanitarian is $168.70. The

cost of renewal of registration for a registered sanitarian is $121.20.

Currently there are approximately 235 registered sanitarians. If all 235 registered sanitarians continue to renew their

registrations the estimated actual statewide compliance cost would be (235 X $181.80) = $28,482.00.

A. How many and what category of individuals will be affected by the rules?

There are approximately 235 registered sanitarians. The rules affect all individuals who seek registration as

sanitarians.

B. What qualitative and quantitative impact do the proposed changes in rules have on these individuals?

The qualitative impact of the proposed rules on the citizens of Michigan will be that they will know a registrant who

supplies services has achieved the level of education and training necessary to meet the minimum requirements for

registration. The quantitative impact of the proposed rules on the citizens of Michigan is that there will be no

increase in the cost of services due to the rule amendments. The proposed rule amendments help to ensure the health,

safety, and welfare of Michigan citizens without more costs.

The qualitative impact on registrants and applicants by the proposed rules will be the knowledge that they and their

peers have achieved the minimum requirements for registration and can appropriately support the needs of the

citizens of Michigan. The quantitative impact on registrants and applicants by the proposed rules is that they will

have credentials that will meet the minimum requirements of registration. These credentials will allow them to have

access to job opportunities and compensation in line with their education and work experience.

28. Quantify any cost reductions to businesses, individuals, groups of individuals, or governmental units as a result

of the proposed rules.

There are no expected reductions in costs to businesses, individuals, groups of individuals, or governmental units

because of the proposed rules.

29. Estimate the primary and direct benefits and any secondary or indirect benefits of the proposed rules. Please

provide both quantitative and qualitative information, as well as your assumptions.

The proposed rules use clear, concise language, and implement the requirements for registration. Clear, concise

language allows the public, registrants, and schools to better understand the requirements for registration.

30. Explain how the proposed rules will impact business growth and job creation (or elimination) in Michigan.

There is no expected significant impact on business growth, job growth, or job elimination because of the rules.

31. Identify any individuals or businesses who will be disproportionately affected by the rules as a result of their

industrial sector, segment of the public, business size, or geographic location.

The department does not expect any disproportionate effect on any individuals or businesses by their industrial

sector, segment of the public, business size, or geographical location.

32. Identify the sources the agency relied upon in compiling the regulatory impact statement, including the

methodology utilized in determining the existence and extent of the impact of the proposed rules and a cost-

benefit analysis of the proposed rules.

MCL 24.245(3)

RIS-Page 8

Council for Higher Education:

https://www.chea.org/

National Association of Credential Evaluation Services:

https://www.naces.org/

National Environmental Health Association:

https://www.neha.org/

National Environmental Health Science and Protection Accreditation Council:

https://www.nehspac.org/

United States Department of Education:

https://www.ed.gov/

Illinois:

https://idfpr.illinois.gov/profs/envhlthpract.html

Minnesota:

https://www.health.state.mn.us/communities/environment/sanitarian/index.html

Ohio:

https://odh.ohio.gov/know-our-programs/sanitarian-registration/welcome-to

Wisconsin:

https://dsps.wi.gov/Pages/Professions/RegisteredSanitarian/Default.aspx

A. How were estimates made, and what were your assumptions? Include internal and external sources, published

reports, information provided by associations or organizations, etc., that demonstrate a need for the proposed

rules.

Since statute allows for the rules, no estimate was necessary.

Alternative to Regulation

33. Identify any reasonable alternatives to the proposed rules that would achieve the same or similar goals.

Since statute allows for the rules, there are no reasonable alternatives to the proposed rules.

A. Please include any statutory amendments that may be necessary to achieve such alternatives.

Since statute allows for the rules, there are no reasonable alternatives to the proposed rules.

34. Discuss the feasibility of establishing a regulatory program similar to that proposed in the rules that would

operate through private market-based mechanisms. Please include a discussion of private market-based systems

utilized by other states.

Since statute allows for the rules, private market-based systems cannot serve as an alternative. The registration and

regulation of sanitarians are state functions, so a regulatory program independent of state intervention cannot be set

up. One could consider sanitarian professional associations as regulatory mechanisms that are independent of state

intervention; however, these professional organizations would provide the public with significantly less protection

because membership in these organizations is voluntary. This means an individual who meets the membership

requirements, but does not join, would still be able to practice and there would be no way to ensure the individual’s

competency or hold the individual accountable for harm done to clients.

No other states in the Great Lakes region use a private, market-based system to regulate registered sanitarians.

35. Discuss all significant alternatives the agency considered during rule development and why they were not

incorporated into the rules. This section should include ideas considered both during internal discussions and

discussions with stakeholders, affected parties, or advisory groups.

MCL 24.245(3)

RIS-Page 9

Since statute allows for the rules, there are no reasonable alternatives to the proposed rules. There were no

alternatives that the department considered to achieve the intended changes. They are necessary for the

administration and enforcement of the registration process.

Additional Information

36. As required by MCL 24.245b(1)(c), please describe any instructions regarding the method of complying with

the rules, if applicable.

The rules include the instructions for compliance.

MCL 24.245(3)