March 9, 2021
Department of Licensing and Regulatory Affairs
Bureau of Professional Licensing
Boards and Committees Section
Public Health Code - General Rules
2020-109 LR
Attention: Policy Analyst
P.O. Box 30670
Lansing, MI 48909
Dear Policy Analyst:
On behalf of the Michigan Health & Hospital Association (MHA), we respectfully submit the
following comments of support with a few recommended changes on the proposed Public
Health Code - General Rules.
Please consider using the term “unconscious bias” overall in the rules. “Implicit bias” implies a
provider knowingly is involved in their bias while the term “unconscious bias” reflects the true
meaning of what these rules are hoping to accomplish, helping those who are not aware of
existing attitudes or stereotypes that affect their perception, action or decision making.
To provide clarity in the rule set, the word “provider” should be reserved for the health care
community. The rule currently uses the term provider for both trainers and those professionals
who are licensed in Article 15, which creates confusion. For example, the rules discuss
“providers” related to who can give instruction for implicit bias training, and those who are
receiving the education on implicit bias, i.e., health care providers. “Training provider” should be
updated to “instructor” or an equivalent term in 338.7004, Rule 4 (3)(c) and (4)(a).
Regarding individuals allowed to offer training, the MHA requests 338.7004, Rule 4 (3)(c)(iv) be
updated to “Training offered by an accredited college or university or created by tenured faculty
and used in academic courses at accredited universities.” The draft rules as written have a
narrow description which creates the potential of missing applicable trainings. The update will
allow for qualified academics in non-traditional institutions to provide research-based training
that addresses this need. In addition, the MHA recommends an additional section: “(v) Training
offered by a nationally recognized diversity, equity and inclusion firm.” This would allow
companies who specialize in this field, such as Cook Ross, to be used.
To clarify that non-live modalities of trainings are acceptable, amend 338.7004, Rule 4 (3)(d)(i)
to add the word “may” and update the section to: “A teleconference or webinar that may permit
live synchronous interaction.” This update will ensure flexibility is maintained for both larger and