GOVERNMENTAL AFFAIRS

Chair

Matthew D. Hambleton, MSA, AT, ATC

mats.gac@gmail.com

MDHHS

Co-Chair:

Blaine C. Long Ph.D., AT, ATC

Consulting Members:

Marcus Ebejer, AT, ATC

Ethan Nayback, M.Ed., AT, ATC, CEIS™, CEAS II

About Us:

The Governmental Affairs Committee of MATS (MATS GAC) is focused on legislative and regulatory issues that affect the practice of Athletic Training in the State of Michigan. The GAC serves to review, analyze, educate and provide recommendations regarding any legislation that may affect the profession of athletic training.

Goals, Functions, and Responsibilities:

Attend Executive Board meetings in a non-voting capacity at the request of the President.
Provide a written report for presentation to the Executive Board at all scheduled meetings.
Oversee and coordinates activities relative to legislation, political action, and regulatory activity within the State.
Continuously update MATS GAC website regarding current legislative issues potentially affecting athletic trainers in Michigan.
Serve as a liaison to MATS lobbyist.
At a minimum, annually review and analyze all State regulatory bills.
Participate in and organize conference calls, online and/or face-face meetings as deemed necessary with GAC members to plan strategies and address current legislative issues.
Provide direction and assistance to MATS members in the areas of legislation, political action, and regulatory activity.
Work collaboratively with the Professional Education Committee to provide educational programming regarding legislation, political action, and regulatory activity for members.
Coordinate and develop projects for members that will enhance areas of legislation, political action, and regulatory activity.
Communicate, educate, and assist with State efforts to obtain support from other medical professions.
Serve as a member of the GLATA GAC.
Participate in monthly GLATA GAC calls to discuss strategy, State updates, and NATA updates.
Submit Bi-Annual State Report to the GLATA GAC.
Assists the president with all financial considerations of the legislative process and grant applications by the State in coordination with the Finance Committee and Executive Board.
Submit an annual budget request per Finance Committee specified timelines.
Address individuals or organizations utilizing the terms associated with “athletic training” inappropriately and submits the proper allegation complaint forms to Michigan Department of Licensing and Regulatory Affairs (LARA).
Annually signs and submits the MATS Disclosure Statement, to be kept on file by the President.
Provides additional duties as assigned by the President.

STATE LEGISLATION

BILLS PASSED INTO LAW

Senate Bill 69 of 2023: Introduced by Senator Lana Theis on February 16, 2023.

Summary:

Prohibits a licensee or registrant from performing on a patient who was a minor a medical treatment, procedure, or examination that involved vaginal or anal penetration unless it was within the scope of the licensee's or registrant's practice, a medical assistant or another licensee was present in the room, and the minor's parent or guardian gave his or her consent.
Specifies circumstances under which the prohibition would not apply, such as the treatment or procedure was necessary and associated with a medical emergency.
Prescribes felony penalties for a violation.
Requires the Department of Licensing and Regulatory Affairs (LARA) to create a standardized consent form to be used by a licensee or registrant who provided to a minor patient a medical treatment, procedure, or examination that involved vaginal or anal penetration.
Requires LARA to make the form publicly available on its website.

Status: Passed into law as Public Act 60 of 2023.

Associated Link: Michigan Legislature - Senate Bill 0069 (2023)

Senate Bill 70 of 2023: Introduced by Senator Ruth Johnson on February 16, 2023.

Summary: Amends the sentencing guidelines in the Code of Criminal Procedure to include the felonies proposed by SB 69 and SB 71.

Status: Passed into law as Public Act 61 of 2023.

Associated Link: Michigan Legislature - Senate Bill 0070 (2023)

Senate Bill 71 of 2023: Introduced by Senator Roger Hauck on February 16, 2023.

Summary:

Requires a health profession licensee to indicate in a patient's medical record that a medical service involving vaginal or anal penetration was performed unless the service met one of several circumstances.
Requires a health facility or agency to ensure that a patient's medical record stated that a medical service involving vaginal or anal penetration was performed unless the service met one of several circumstances.
Requires a health profession licensee, or a health facility or agency, to keep and retain a medical record for a service that involved vaginal or anal penetration of a patient for at least 15 years from the date of service.
Prescribes administrative fines and criminal penalties for a violation of the bill.
Allows a licensee or his or her personal representative, or a health facility or agency to destroy or dispose of a medical record for a service that involved vaginal or anal penetration of a patient only after maintaining it for 15 years.
Requires various health profession boards to create a document that provided guidance to licensees on generally accepted standards of practice for services involving vaginal or anal penetration.

Status: Passed into law as Public Act 62 of 2023.

Associated Link: Michigan Legislature - Senate Bill 0071 (2023)

Senate Bill 72 of 2023: Introduced by Senator Kristen McDonald Riveton February 16, 2023.

Summary: Amends the sentencing guidelines in the Code of Criminal Procedure to include the felonies proposed by SB 69 and SB 71.

Status: Passed into law as Public Act 63 of 2023.

Associated Link: Michigan Legislature - Senate Bill 0072 (2023)

HOUSE RESOLUTIONS

House Resolution 47 of 2023: Introduced by Representative Curtis VanderWall on March 1, 2023.

Summary: The Resolution declares March 2023 as Athletic Trainer Month in the state of Michigan.

Status: Adopted on March 1, 2023.

Associated Link: Michigan Legislature - House Resolution 0047 (2023)

HOUSE RESOLUTIONS

House Resolution 201 of 2024: Introduced by Representative Joseph Aragona on March 5, 2024.

Summary: The Resolution declares March 2024 as Athletic Trainer Month in the state of Michigan.

Status: Adopted on March 5, 2024.

Associated Link: Michigan Legislature - House Resolution 0201 (2024)

HOUSE BILLS

House Bill 4291 of 2023: Introduced by Representative Felicia Brabec on March 16, 2023

Summary: The bill would require the department to develop educational materials and training program regarding sudden cardiac arrest in athletes and their return to athletic activity.

Status: Introduced on March 16, 2023.

Associated Link: Michigan Legislature - House Bill 4291 (2023)

House Bill 5527 of 2024: Introduced by Representative John Fitzgerald February 29, 2024.

Summary: The bill would amend the Fire Prevention Code to modify the requirements regarding the implementation of a cardiac emergency response plan for the governing body of a school. The bill would require the following, beginning with the 2025-2026 school year:

Require the governing body of a public school to develop a cardiac emergency response plan that includes the use of school personnel to respond to a sudden cardiac arrest, or another similar life-threatening emergency, on the school’s campus.
Require the governing body of a public school with an athletic program to develop a cardiac emergency response plan that includes the use of school personnel to respond to a sudden cardiac arrest, or another similar life-threatening emergency, at a school-sponsored athletic event.

Cardiac emergency response plans required by the bill would need to be based on American Heart Association guidelines or other nationally recognized and evidence-based guidelines, and would be required to provide, at a minimum, for all of the following:

The establishment of a cardiac emergency response team.
The activation of the cardiac emergency response team during a sudden cardiac arrest or another similar life-threatening emergency.
The placement of automated external defibrillators (AEDs) throughout the school’s campus and athletic facilities in accordance with American Heart Association guidelines, including the requirement that AEDs must be accessible within one to three minutes of a cardiac emergency.
The routine maintenance of the school’s AEDs.
The dissemination of the cardiac emergency response plan throughout the school’s campus.
The ongoing training of school personnel as described below
The use of annual drills to practice the steps established in the cardiac emergency response plan.
The integration of the cardiac emergency response plan with the local emergency response system and emergency response agencies.
The ongoing and annual review of the cardiac emergency response plan.

The bill would also require the governing body of a public school and the local emergency response system and emergency response agencies to integrate the school’s cardiac emergency response plan or plans into the protocols of the local emergency response system and emergency response agencies.

The bill would require that public school personnel that are included in a cardiac emergency response plan be trained in all of the following:

Cardiopulmonary resuscitation (CPR).
First aid.
The use of an AED, in accordance with American Heart Association guidelines.

Status: Introduced on February 29, 2024.

Associated Link: Michigan Legislature - House Bill 5527 (2024)

House Bill 5528 of 2024: Introduced by Representative Tyrone Carter on February 29, 2024.

Summary: The bill would amend the Revised School Code to require, beginning in the 2025-2026 school year, any individual that serves as an athletic coach at a high school operated by a school district, intermediate school district, or public school academy to have a valid certification in cardiopulmonary resuscitation and use of an AED issued by the American Red Cross, American Heart Association, or a comparable organization or institution approved by the Department of Education.

Any individual covered by the bill that performed cardiopulmonary resuscitation or used an AED in the course of their employment as an athletic coach would not be liable in a civil action for damages resulting from an act or omission occurring in that performance except an act or omission constituting gross negligence or willful or wanton misconduct.

Status: Introduced on February 29, 2024.

Associated Link: Michigan Legislature - House Bill 5528 (2024)

House Bill 5611 of 2024: Introduced by Representative Lauri Pohutsky on March 20, 2024.

Summary: The bill would require all individuals required to report child abuse or child neglect to complete, once every 3 years, training developed by the department in recognizing child abuse and child neglect and in mandated reporting obligations.

Status: Introduced on March 20, 2024.

Associated Link: Michigan Legislature - House Bill 5611 (2024)

SENATE BILLS

Notice from the Bureau of Professional Licensing (BPL) within the Department of Licensing and Regulatory Affairs (LARA):

The BPL within LARA would like to inform you that the Public Health Code – General Rules have been revised which will require implicit bias training for your profession, effective June 1, 2022.

The new training requirements are the product of numerous workgroup meetings over the past year and represent feedback from 86 organizations including our health professional boards, insurance providers, health systems, health care associations, legislators, state agencies, higher education, and community and advocacy groups. The requirements apply to both new applicants as well as those renewing their existing licenses or registrations.

Below are the changes in the rules that pertain to the new training requirements:

The term “implicit bias” is defined as:

(A)n attitude or internalized stereotype that affects an individual’s perception, action, or decision making in an unconscious manner and often contributes to unequal treatment of people based on race, ethnicity, nationality, gender, gender identity, sexual orientation, religion, socioeconomic status, age, disability, or other characteristic. (R 338.7001 (c) )

Specifically, the new rule (R 338.7004) requires the following:

Rule 4. (1) Beginning 1 year after promulgation of this rule, an applicant 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 1 year after promulgation of this rule and for every renewal cycle thereafter, in addition to completing any continuing education required for renewal, an applicant for license or registration renewal 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.

(3) The implicit bias training must be related to reducing barriers and disparities in access to and delivery of health care 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, 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 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 services.

(b) Training must include strategies to reduce disparities in access to and delivery of health care services and the administration of pre- and post-test implicit bias assessments.

(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 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) 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 permits live synchronous interaction.
(ii) A live presentation.
(iii) Interactive online instruction.

(4) Submission of an application for licensure, registration, or renewal constitutes an applicant’s certificate of compliance with the requirements of this rule. A licensee or registrant shall retain documentation of meeting the requirements of this rule for a period of 6 years from 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 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.

Please send any questions you may have about these revised rules to BPLHelp@michigan.gov .

Thank you,

Debra Gagliardi, Director
Bureau of Professional Licensing
Department of Licensing and Regulatory Affairs