DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF PROFESSIONAL LICENSING
PUBLIC HEALTH CODE—GENERAL RULES
Filed with the secretary of state on
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16194, 16201, and 16221 of the public health code, 1978 PA 368, MCL 333.16145, 333.16194, 333.16201, and 333.16221, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 338.7001a, R 338.7002, R 338.7002b, and R 338.7004 of the Michigan Administrative Code are amended, as follows:
R 338.7001a Biennial license and registration renewal; expiration.
Rule 1a. (1) The following licenses and registrations expire biennially and must be renewed every 2 years on or before the date indicated:
Acupuncture Issue date
Audiology Issue date
Chiropractic Issue date
Dental Therapy Issue date
Marriage and family therapy Issue
date
Midwifery Issue
date
Nursing Issue date
Nursing home administrators Issue date
Occupational therapy Issue date
Optometry Issue date
Pharmacy Issue date
Physical therapy Issue
date
Physician's assistants Issue
date
Psychology Issue date
Respiratory care Issue
date
Sanitarians Issue
date
Speech-language pathology Issue date
(2) A license or registration having a limitation may be renewed for a term less than 2 years.
R 338.7002 Triennial license or registration renewal; expiration.
Rule 2. (1) The following licenses and registrations expire triennially and must be renewed every 3 years on or before the date indicated:
Athletic trainer Issue date
Counseling Issue date
Dentistry Issue date
Dental Assistant Issue date
Dental Hygienist Issue date
Genetic Counseling Issue date
Massage therapy Issue date
Medicine Issue date
Osteopathic medicine and surgery Issue date
Podiatric medicine and surgery Issue date
Social work Issue date
Veterinary medicine Issue date
(2) The following licenses issued or renewed on or after the effective date of these rules expire triennially and must be renewed every 3 years on or before the date indicated:
Marriage and family therapy Issue date
Physician's assistants Issue date
Respiratory care Issue date
(3) The following licenses issued or renewed on or after the effective date of these rules and on or after the effective date of the applicable profession’s next rules revision expire triennially and must be renewed every 3 years on or before the date indicated:
Midwifery Issue date
Physical Therapy Issue date
Sanitarians Issue date
(2)(4) A license
or registration having a limitation may be renewed for a term less than 3
years.
R 338.7002b Minimum English language standard.
Rule 2b. (1) Pursuant to Under
section 16174(1)(d) of the code, MCL 333.16174, an applicant seeking
licensure, or registration, relicensure, if lapsed for more
than 3 years, or reregistration, if lapsed for more than 3 years, must
shall demonstrate a working knowledge of the English language under the
minimum standards established by the department.
(2) To demonstrate a working knowledge
of the English language, the applicant must shall establish that he
or she meets the applicant meets 1 of the following:
(a) The applicant’s health professional educational program was taught in English.
(b) The applicant supplies transcripts
establishing that he or she the applicant earned not less than 60
college level credits from an English-speaking undergraduate or graduate
school.
(c) The applicant’s credentials and English proficiency have been evaluated and determined to be equivalent to the credentials required in this state by a board-approved credentialing agency.
(d) The applicant obtained an overall score of not less than 176 overall and 185 speaking on the Cambridge English (B2 First, C1 Advanced, or C2 Proficiency) Examination.
(d)(e) The applicant
obtained a passing score of 650 or higher on the Examination for the
Certificate of Competency in English (ECCE) test developed by Michigan Language
Assessment, as demonstrated by a certificate of competency or certificate of
competency with honors.
(e)(f) The applicant
obtained a passing score of 650 or higher on the Examination for the
Certificate of Proficiency in English (ECPE) test developed by Michigan
Language Assessment, as demonstrated by a certificate of proficiency or
certificate of proficiency with honors.
(f)(g) The applicant
obtained a total score of not less than 6.5 on the International English
Language Testing System (IELTS) Academic test within 2 years of the date of
application.
(g)(h) The applicant
obtained an overall score of not less than 55 on the 4-skill Michigan English
Test (MET) developed by Michigan Language Assessment.
(h)(i) The applicant
obtained an overall score of not less than 300 on the Occupational English Test
(OET).
(j) The applicant obtained an overall score of not less than 55 and not less than 50 on any section of the Pearson PTE Academic Examination.
(i)(k) The applicant
obtained a total score of not less than 80 on the Test of English as a Foreign
Language Internet-Based Test (TOEFL-IBT) administered by the Educational
Testing Service within 2 years of the date of application.
(l) The applicant obtained a score of not less than 725 on the reading and listening section, not less than 150 on the writing section, and not less than 160 on the speaking section of the Test of English for International Communication (TOEIC) within 2 years of the date of application.
R 338.7004 Implicit bias training standards.
Rule 4. (1) Beginning June
1, 2022, an An individual applying for licensure or registration
under article 15 of the code, MCL 333.16101 to 333.18838, except those seeking
to be licensed under part 188 of the code, MCL 333.18801 to 333.18838, shall
have completed a minimum of 2 hours of implicit bias training within the 5
years immediately preceding issuance of the license or registration.
(2) Beginning June 1, 2022,
and for every renewal cycle thereafter, an An individual applying
for license licensure or registration renewal, reregistration, or
relicensure under article 15 of the code, MCL 333.16101 to 333.18838, except
those licensed under part 188 of the code, MCL 333.18801 to 333.18838, shall
have completed a minimum of 1 hour of implicit bias training for each year of
the applicant’s license or registration cycle. If otherwise permitted Unless
prohibited by the code and or rules, this training may be
used to satisfy other training or continuing education requirements for
license renewal.
(3) A licensee or registrant shall not carry forward implicit bias training hours earned during 1 renewal cycle to the next renewal cycle.
(4) A licensee or registrant shall not earn implicit bias training hours for completing implicit bias training that is identical or substantially identical to implicit bias training that the licensee or registrant has already completed during the same renewal cycle.
(3)(5) The
implicit bias training must be related to reducing barriers and disparities in
access to and delivery of health care healthcare services and
meet all of the following requirements:
(a) Training content must include, but is not limited to, 1 or more of the following topics:
(i) Information on implicit
bias, equitable access to health care
healthcare, serving a diverse population, diversity and inclusion
initiatives, and cultural sensitivity.
(ii) Strategies to remedy the
negative impact of implicit bias by recognizing and understanding how it
impacts perception, judgment, and actions that may result in inequitable
decision making, failure to effectively communicate, and result in barriers and
disparities in the access to and delivery of health care healthcare services.
(iii) The historical basis and present consequences of implicit biases based on an individual’s characteristics.
(iv) Discussion of current
research on implicit bias in the access to and delivery of health care healthcare
services.
(b) Training must include
strategies to reduce disparities in access to and delivery of health care
healthcare services and the administration of pre- and post-test
implicit bias assessments.
(c) Acceptable sponsors of this training include any of the following:
(i) Training offered by a nationally-recognized or state-recognized health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training obtained in an
educational program that has been was approved by any board
created under article 15 of the code, MCL 333.16101 to 333.18838, except under
part 188 of the code, MCL 333.18801 to 333.18838, for initial licensure or
registration or for the accumulation of continuing education credits.
(iv) Training offered by an accredited college or university.
(v) Training offered by an organization specializing in diversity, equity, and inclusion issues.
(d) Acceptable modalities of training include any of the following:
(i) A teleconference or webinar that allows live synchronous interaction that provides for the opportunity for participants to interact with the instructor and other participants.
(ii) A live presentation that provides for the opportunity for participants to interact with the instructor and other participants.
(iii) An asynchronous teleconference or webinar.
(4) (6) Submission
of an application for licensure, registration, or renewal constitutes an
applicant’s certificate of compliance with the requirements of this rule. A
The licensee or registrant shall retain documentation of meeting the
requirements of this rule for a period of 6 years after the date of applying
for licensure, registration, or renewal. The department may select and audit a
sample of a licensees or registrants and request documentation of proof
of compliance with this rule. If audited by the department, a the licensee
or registrant shall provide the proof of completion of training, including
either of the following:
(a) A completion certificate issued by the training program that includes the date of the training, the program sponsor’s name, the title of the program, and licensee’s or registrant’s name.
(b) A self-attestation by the licensee or registrant that includes the date of the training, the program sponsor’s name, the title of the program, and licensee’s or registrant’s name.