SB-0167, As Passed Senate, April 27, 2005

SUBSTITUTE FOR

SENATE BILL NO. 167

     A bill to provide for occupational regulatory agencies to

allow the use of on-line or other electronic continuing education

and continuing competency programs under certain circumstances; to

provide for certain powers and duties for certain state regulatory

agencies; and to provide for the promulgation of rules.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the "on-

line continuing education act".

     Sec. 2. As used in this act:

     (a) "Continuing education" means instructional courses

designed to bring participants up to date on a particular area of

knowledge or skills.

     (b) "License" means a certificate, registration,

accreditation, or license issued by an occupational regulatory

agency that allows an individual to engage in a regulated

occupation or that allows an individual to use a specific title or

professional designation in the practice of an occupation,

profession, or vocation.

     (c) "Occupational regulatory agency" means a department,

bureau, or agency of this state that has regulatory authority over

a regulated occupation.

     (d) "Regulated occupation" means an occupation, profession, or

vocation that requires a license 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 the practice

of the occupation, profession, or vocation.

     Sec. 3. (1) Except as otherwise provided for in a specific

act, or as otherwise required by a rule promulgated before the

effective date of this act, concerning a regulated occupation, the

occupational regulatory agency requiring a program of continuing

education as part of a program of continuing professional

competency for renewal of a license shall, to the extent

practicable, allow at least 1/2 of the required credit hours of

continuing education to be earned through an on-line or electronic

media meeting standards acceptable to the occupational regulatory

agency.

     (2) If the occupational regulatory agency does not allow at

least 1/2 of the required credit hours of continuing education to

be earned through an on-line or electronic media, the director

shall notify the legislative committee of the senate and house of

representatives having jurisdiction over licensing matters. The

notification shall be in writing and shall explain why on-line or

electronic media is not practicable.

     (3) This act does not apply to continuing education or

training programs offered as part of a licensure, registration,

certification, or accreditation program that must be approved by an

agency of the federal government.

     Sec. 4. Except as otherwise provided by law, an occupational

regulatory agency may promulgate rules or amend existing rules

under the administrative procedures act of 1969, 1969 PA 306, MCL

24.201 to 24.328, to implement this act.

     Sec. 5. This act takes effect July 1, 2007.