ON-LINE CONTINUING EDUCATION ACT

Senate Bill 167 as passed by the Senate

Sponsor:  Sen. Michelle A. McManus

House Committee:  Regulatory Reform

Senate Committee:  Economic Development, Small Business and Regulatory Affairs

Complete to 6-13-05

A SUMMARY OF SENATE BILL 167 AS PASSED BY THE SENATE 4-27-05

The bill would create a new act under which occupational regulatory agencies would have to allow, to the extent practicable, at least one-half of required continuing education credits to be earned through an on-line or electronic media that met standards acceptable to the agency.  The new act would be called the On-Line Continuing Education Act.

This requirement would not apply if a specific act or existing rule concerning a regulated occupation provided otherwise.  It also would not apply to continuing education or training offered as part of licensure, registration, certification, or accreditation programs that must be approved by an agency of the federal government.

If a regulatory agency did not allow at least one-half of continuing education credits to be earned on-line or by electronic media, the director [of the department housing the agency] would have to notify the committees in the House and Senate with oversight over occupational licensing in writing and explain why it is not practicable.

The term "occupational regulatory agency" would mean a department, bureau, or agency of the state with regulatory authority over a regulated occupation.  "Regulated occupation" would mean an occupation, profession, or vocation that requires a license, certificate, registration, or accreditation as a predicate for the practice of the occupation, profession, or vocation or that provides for the use of a specific title or professional designation in its practice.  "Continuing education" would mean instructional courses designed to bring participants up to date on a particular area of knowledge or skills.

Except as otherwise provided by law, an occupational regulatory agency could promulgate rules or amend existing rules under the Administrative Procedures Act to implement the new act.

The bill would take effect July 1, 2007.

FISCAL IMPACT:

Although this bill requires each occupational license category to allow at least half of the required continuing education courses to be earned on-line, it should not increase the number of licensees for the Department to monitor. Therefore, there is no fiscal impact on the State of Michigan or its local units of government.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Richard Child

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.