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:

2025-35 LR

Title of proposed rule set:

Dietetics and Nutrition – 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.

The rules require, as a condition of licensure, evidence of certification as a registered dietitian nutritionist in good

standing from the Commission on Dietetic Registration (CDR).

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

MCL 24.245(3)

RIS-Page 2

Under MCL 333.16145, except as provided in a specific part of article 15, only a board or task force shall promulgate

rules to specify requirements for licenses, registrations, renewals, examinations, and required passing scores.

Under MCL 333.16204, effective for the renewal of licenses or registrations issued under article 15 and expiring after

January 1, 1997, if the completion of continuing education is a condition for renewal, the appropriate board shall by

rule require an applicant for renewal to complete an appropriate number of hours or courses in pain and symptom

management.

Under MCL 333.16287, the department, in consultation with the board, shall promulgate rules to implement MCL

333.16284 and MCL 333.16285.

Under MCL 333.18359(1), notwithstanding the requirements of part 161, the department, in consultation with the

board, shall by rule prescribe continuing education requirements as a condition of license renewal.

Under MCL 333.18359(2), as required under section 16204, the department, in consultation with the board, shall

promulgate rules requiring each applicant for license renewal to complete as part of the continuing education required

under subsection (1) of MCL 333.18359 an appropriate number of hours or courses in pain and symptom

management.

Under MCL 333.18359(4), the department in consultation with the board shall promulgate rules to establish a code of

ethics for licensees and promulgate initial rules to implement part 183A for individuals seeking licensure as a dietitian

nutritionist.

No federal mandate demands 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 federal standards 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 3

Licensure of dietitian nutritionists is necessary in Michigan under MCL 333.18105. The rules supply the conditions

and requirements for education, training, licensure, renewal, and supervision of dietitian nutritionists.

All seven of the other Great Lakes states have rules regulating the licensing of dietitian nutritionists, as listed below:

Illinois: Applicants for licensure must supply proof of completion of a bachelor’s degree or higher from a

school/program approved by either the Accreditation Council for Education in Nutrition and Dietetics (ACEND), the

Academy of Nutrition and Dietetics, the American Clinical Board of Nutrition (ACBN), the Board for Certification of

Nutrition Specialists (BCNS), or the Clinical Nutrition Certification Board (CNCB) in either human nutrition, food

and nutrition, dietetics, food systems management, nutrition education, nutrition, nutrition science, clinical nutrition,

applied clinical nutrition, nutrition counseling, nutrition and functional medicine, or nutrition and integrative health.

Applicants must supply proof of having passed a qualifying examination given by either the CDR, the ACBN, the

BCNS, or the CNCB. Applicants must supply proof of 900 hours of supervised practice experience.

Indiana: Applicants for licensure must supply proof of completion of a baccalaureate or higher degree from a

regionally accredited college or university or the equivalent with a major course of study in human nutrition, nutrition

education, food and nutrition, and dietetics or food systems management. Applicants must supply proof of having

passed a qualifying examination given by the CDR. Applicants must supply proof of 900 hours of supervised practice

experience.

Minnesota: Applicants for licensure must supply proof of completion of a baccalaureate or postgraduate degree from

a United States regionally accredited college or university with a major in dietetics, human nutrition, nutrition

education, food and nutrition, or food services management. Applicants must supply proof of having passed a

qualifying examination given by the CDR. Applicants must supply proof of 900 hours of supervised practice

experience.

New York: Applicants for licensure must supply proof of completion of a baccalaureate degree or a higher academic

credential that is registered by the New York State Education Department as qualifying for certification in dietetics-

nutrition or accredited by the ACEND, or is the equivalent of such a program and the program must include at least 45

semester hours of course work in the professional dietetics/nutrition content area and have at least 20 semester hours

of course work in the human biological sciences and social and behavioral sciences content area. Applicants must

supply proof of having passed a qualifying examination given by the CDR. Applicants must supply proof of 800

hours of supervised practice experience.

Ohio: Applicants for licensure must supply proof of completion of a baccalaureate degree or higher accredited by the

ACEND. Applicants must supply proof of having passed a qualifying examination given by the CDR. Applicants

must supply proof of 1,200 hours of supervised practice experience.

Pennsylvania: Applicants for licensure must supply proof of completion of a baccalaureate or higher degree from a

board-approved, regionally accredited college or university, including a major course of study in human nutrition,

food and nutrition, dietetics, or food systems management. Applicants must supply proof of having passed a

qualifying examination approved by the board. Applicants must supply proof of 900 hours of supervised practice

experience.

Wisconsin: Applicants for licensure must supply proof of completion of a baccalaureate degree or higher accredited

by the ACEND. Applicants must supply proof of having passed a qualifying examination given by the CDR.

Applicants must supply proof of 900 hours of supervised practice experience.

When compared to other Great Lakes states, Michigan’s licensure requirements for dietitian nutritionists 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 24.245(3)

RIS-Page 4

Statute demands promulgation of rules related to licensure. The rules do not exceed the licensing 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 licensing dietitian nutritionists. There are no laws, rules, or other legal

requirements that duplicate, overlap, or conflict with the proposed rules.

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.

MCL 24.245(3)

RIS-Page 5

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

R 338.1401. This proposed rule pertains to definitions. It sets forth an explanation of specific terms used throughout

the rule set.

R 338.1403. This proposed rule pertains to identifying human trafficking. It sets forth the requirements for training on

human trafficking.

R 338.1421. This proposed rule pertains to accreditation standards. It sets forth the accreditation requirements for

educational institutions.

R 338.1423. This rule pertains to accreditation standards. It sets forth the accreditation requirements for didactic

programs in dietetics and dietetic internship programs.

R 338.1431. This rule pertains to examination. It sets forth the examination requirement.

R 338.1441. This proposed rule pertains to applying for temporary licensure. It sets forth the qualifications for

temporary licensure.

R 338.1443. This proposed rule pertains to applying for licensure. It sets forth the qualifications for licensure.

R 338.1445. This proposed rule pertains to applying for licensure by endorsement. It sets forth the qualifications for

licensure by endorsement.

R 338.1447. This proposed rule pertains to relicensure. It sets forth the qualifications for relicensure.

R 338.1449. This proposed rule pertains to license renewal qualifications. It sets forth the qualifications for renewal

of a license.

R 338.1451. This proposed rule pertains to continuing education license renewal requirements. It sets forth the

requirements for completion of continuing education.

R 338.1453. This proposed rule pertains to acceptable continuing education. It sets forth pain and symptom

management requirements, as well as approved continuing education sponsors and activities.

R 338.1461. This proposed rule pertains to certification. It sets forth the requirement of holding active certification

with the CDR as a condition of licensure.

R 338.1463. This proposed rule pertains to telehealth. It sets forth the requirements for supplying telehealth services.

R 338.1465. This proposed rule pertains to orders related to the practice of medical nutrition therapy. It sets forth the

requirements for orders related to the practice of medical nutrition therapy.

R 338.1467. This proposed rule pertains to a code of ethics. It sets forth the adoption of a code of ethics.

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

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

practice of dietitian nutritionists. The proposed rules supply clarity to licensees and aid in understanding the

applicable requirements.

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

Statute regulates the practice of dietitian nutritionists. This mandates licensure for provision of those services. The

clarity of the rules makes compliance easier for applicants and licensees.

C. What is the desired outcome?

MCL 24.245(3)

RIS-Page 6

Regulation is necessary for individuals who wish to practice as dietitian nutritionists. The clarity of the rules should

make compliance easier for applicants and licensees 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.

MCL 24.245(3)

RIS-Page 7

Statute requires promulgation of the rules.

R 338.1401 pertains to definitions. Terms used in the rule set without further definition can create confusion for

applicants and licensees. The rule supplies definitions for terms used throughout the set.

R 338.1403 pertains to training on identifying human trafficking. Statute demands a rule on training for identifying

human trafficking. The rule supplies requirements for training on identifying human trafficking.

R 338.1421 pertains to accreditation standards. The administrative rules set needs minimum requirements for higher

education institutions. The rule supplies accreditation requirements for educational institutions.

R 338.1423 pertains to accreditation standards. The administrative rules set needs minimum requirements for didactic

programs in dietetics and dietetic internship programs. The rule supplies accreditation requirements for didactic

programs in dietetics and dietetic internship programs.

R 338.1431 pertains to examination. The administrative rules set needs a minimum requirement for passing an

examination. The rule supplies an examination passage requirement.

R 338.1441 pertains to applying for temporary licensure. The administrative rules set needs minimum requirements

for temporary licensure. The rule supplies requirements for temporary licensure.

R 338.1443 pertains to applying for licensure. The administrative rules set needs minimum requirements for

licensure. The rule supplies requirements for licensure.

R 338.1445 pertains to applying for licensure by endorsement. The administrative rules set needs minimum

requirements for licensure by endorsement. The rule supplies requirements for licensure by endorsement.

R 338.1447 pertains to applying for relicensure. The administrative rules set needs minimum requirements for

relicensure. The rule supplies requirements for relicensure.

R 338.1449 pertains to license renewal qualifications. The administrative rules set needs minimum requirements for

renewal. The rule supplies requirements for renewal.

R 338.1451 pertains to continuing education license renewal requirements. The rules require a minimum number of

hours and retention requirements for continuing education. The rule supplies those requirements.

R 338.1453 pertains to acceptable continuing education. The rules require minimum standards for continuing

education on pain and symptom management. The rule supplies those requirements.

R 338.1461 pertains to certification. The rules require maintenance of certification as a condition of licensure. The

rule supplies that requirement.

R 338.1463 pertains to telehealth. Statute demands a rule on telehealth. The rule supplies telehealth requirements.

R 338.1465 pertains to orders related to the practice of medical nutrition therapy. Statute demands a rule on orders

related to the practice of medical nutrition therapy. The rule supplies that requirement.

R 338.1467 pertains to a code of ethics. Statute demands a rule on a code of ethics. The rule supplies the code of

ethics requirement.

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

The proposed rule set provides clear rules on the requirements for licensure.

MCL 24.245(3)

RIS-Page 8

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 dietitian nutritionists. 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 licensure and

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

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 licensing and regulation of individuals in this state, as mandated by

statute. Applicants and licensees will continue to have a cost related burden associated with licensing, renewal, or

relicensure. The cost of licensure for a temporary licensed dietitian nutritionist license is $130.00. The cost of

licensure for a licensed dietitian nutritionist – by exam is $240.00. The cost of licensure for a dietitian nutritionist –

by endorsement is $240.00. The cost of licensure for a dietitian nutritionist – relicensure is $260.00. The cost of

renewal for a dietitian nutritionist is $165.00.

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 licensing and regulation of the profession. The rules are not more

restrictive than those allowed by statute. Despite the cost related burden of licensing, the rules and regulations are

necessary to supply a framework of standards for educational and licensure 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 9

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 board and the department to regulate individuals with dietitian

nutritionist licenses, not small businesses. Even if a licensee’s practice qualified as a small business, the department

could not exempt the licensee’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 licensees 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 health practitioners 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 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 10

The proposed rules affect individual licensees 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 licensees 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 licensees rather than small businesses. Even if a licensee’s

practice qualifies as a small business, the department could not exempt the licensee’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 cost the agency more to devote staff time to

figuring out which licensees 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 cannot exempt licensees 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 worked with the Michigan Board of Dietetics and Nutrition in the development of the proposed

rules. The board is composed of professional and public members. Some members of the board may work in a small

business, but the members 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 rules 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 licensees. Licensees 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 licensees 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 11

Applicants and licensees will continue to have a cost related burden associated with licensing, renewal, or

relicensure. The cost of licensure for a temporary licensed dietitian nutritionist license is $130.00. The cost of

licensure for a licensed dietitian nutritionist – by exam is $240.00. The cost of licensure for a dietitian nutritionist –

by endorsement is $240.00. The cost of licensure for a dietitian nutritionist – relicensure is $260.00. The cost of

renewal for a dietitian nutritionist is $165.00.

Currently there are approximately 2,140 dietitian nutritionists in Michigan. If all 2,140 dietitian nutritionists apply

for licensure, the estimated actual statewide compliance cost would be (2,140 X $240.00) = $513,600.00.

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

There are approximately 2,140 dietitian nutritionists in Michigan. The rules affect all individuals who seek licensure

as dietitian nutritionists.

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 licensee who

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

licensure. 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 rules. The proposed rules help to ensure the health, safety, and welfare of Michigan

citizens without more costs.

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

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

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

credentials that will meet the minimum requirements of licensure. 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 statutory requirements for licensing. The clear,

concise language allows the public, licensees, and schools to better understand the requirements for licensure.

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 12

Council for Higher Education Accreditation (CHEA):

https://www.chea.org/

United States Bureau of Labor Statistics:

https://www.bls.gov/

United States Department of Education:

https://www.ed.gov/

Illinois:

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

Indiana:

https://www.in.gov/pla/professions/dietitians-home/dietitians-licensing-information/

Minnesota:

https://mn.gov/boards/dietetics-and-nutrition/

New York:

https://www.op.nysed.gov/dietetics-nutrition

Ohio:

https://med.ohio.gov/apply-and-renew/licenses-and-certifications/dietitian-%28ld%29

Pennsylvania:

https://www.pa.gov/agencies/dos/department-and-offices/bpoa/boards-commissions/nursing/licensed-dietitian-

nutritionist-licensure-snapshot

Wisconsin:

https://dsps.wi.gov/Pages/Professions/Dietitian/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 mandates 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 mandates 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 mandates 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.

MCL 24.245(3)

RIS-Page 13

Since statute mandates the rules, private market-based systems cannot serve as an alternative. The licensing and

regulation of dietitian nutritionists are state functions, so a regulatory program independent of state intervention

cannot be set up. One could consider dietitian nutritionist 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 licensed dietitian

nutritionists.

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.

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

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

administration and enforcement of the licensing 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)