Act No. 70
Public Acts of 2005
Approved by the Governor
July 11, 2005
Filed with the Secretary of State
July 11, 2005
EFFECTIVE DATE: July 1, 2007
STATE OF MICHIGAN
93RD LEGISLATURE
REGULAR SESSION OF 2005
Introduced by Senators McManus, Switalski, Jelinek, Goschka, Johnson, Kuipers, Bishop and Birkholz
ENROLLED SENATE BILL No. 167
AN ACT 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 thisact.
Sec. 5. This act takes effect July 1, 2007.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor