On Monday, April 16, 2012, the Michigan Office of Regulatory Reinvention ("ORR") released recommendations to deregulate 18 occupations in Michigan and to eliminate 9 occupational boards. Included in the occupations for which the ORR recommends deregulation are professional employer organizations ("PEOs"), which became subject to state licensure in January 2012. It is unclear at this time whether and when the newly-adopted Michigan Professional Employer Regulatory Act will be repealed.
The ORR made 63 recommendations "for improving Michigan's occupational licensing relations" in addition to recommending the rescission of all or part of 23 separate occupation rules and revising and amending many more. Governor Snyder has reviewed the ORR's recommendations, and the ORR, in conjunction with the Department of Licensing and Regulatory Affairs ("LARA"), will work toward implementing the recommendations.
The 18 occupations recommended for deregulation are:
- Acupuncturist
- Auctioneers
- Community Planner
- Consumer Finance Services
- Dieticians & Nutritionists
- Forensic Polygraph Examiner
- Forester
- Immigration Clerical Assistant
- Insurance Solicitor
- Interior Designer
- Landscape Architect
- Ocularist
- Professional Employer Organizations
- Proprietary School Solicitors
- Respiratory Care
- Security Alarm Contractors
- Speech Pathologist
- Vehicle Protection Product Warrantor
The 9 occupational boards recommended for elimination are:
- Board of Acupuncture
- Board of Auctioneers
- Board of Carnivals & Amusement Rides
- Board of Dietetics & Nutrition
- Board of Occupational Therapy
- Board of Respiratory Care
- Board of Speech Language Pathology
- Osteopathic Medicine Advisory Board
- Ski Area Safety Board
The full text of the ORR's final recommendations is available at http://www.michigan.gov/documents/lara/ORR_Occupational_Licensing_Recommendations_382437_7.pdf (last accessed April 18, 2012), and the press release relating to the ORR's recommendations is available at http://www.michigan.gov/lara/0,4601,7-154-10573-275935--,00.html (last accessed April 18, 2012).
Clients engaged in or connected with the affected occupations should be aware of the new recommendations and should ask Dickinson Wright whether there are any enacted laws or regulations affecting their occupation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.