Michigan dentist drills into implicit bias training rule
State agency, not lawmakers, created requirement on 400,000 workers in medical and dental fields
A Michigan dentist with 40 years of experience is challenging a 2020 directive from Gov. Gretchen Whitmer that requires all health care professionals to take implicit bias training to keep their professional licenses.
Kent Wildern, a dentist who practiced in Grand Rapids, was forced to surrender his license after he refused to complete the hotly debated social training.
The Michigan Department of Licensing and Regulatory Affairs implemented new rules in 2022 that compel more than 400,000 health care professionals to complete two hours of implicit bias training every renewal cycle.
Michiganders licensed by the state across 26 occupations ranging from medical practice to santitary services to acupuncture must complete the training to renew their professional licenses. Veterinarians were exempted.
Michigan’s licensing agency has fined at least 132 people for not fulfilling the requirement, and it fined other health care professionals a collective $75,000 in 2024, Michigan Capitol Confidential reported in September
New applicants for a health care license must have completed two hours of implicit bias training within the previous five years. Anyone seeking a new or renewed license must complete one hour of implicit bias training for each year of the relevant license cycle.
“It is unconstitutional for Michigan to weaponize its licensing powers to force health care professionals to choose between their careers and submitting to ideological indoctrination,” Wilson Freeman, an attorney at the Pacific Legal Foundation, said in a statement. “Moreover, Michigan’s mandate for implicit bias training came from an unelected agency rather than the Legislature, sidestepping any public debate on the issue."
Some health care workers, like Wildern, have surrendered their licenses rather than comply.
About eight states require continuing implicit bias education credits for health care workers, Freeman said. But Michigan is the only state that imposed the requirement via directive instead of legislation.
Previously, Michigan lawmakers required health care workers to take human trafficking training, a requirement passed through the Legislature, Wilder said.
“The governor circumvented the Legislature entirely and mandated this training without any input from the other branch of government that she’s required to get input from,” Wilder said in a phone interview with CapCon.
If the implicit bias training requirement stands, Michigan’s next governor can mandate patriotism classes for 400,000 health care workers, Freeman said.
“In my judgment, under the theory that (the Department of Licensing and Regulatory Affairs) is putting out, there’s nothing to prevent that... LARA can create whatever training it desires, as long as they assert in their unreviewable authority that it’s beneficial for them.”
The state’s licensing agency has committed ultra vires, a Latin phrase meaning “when an administrative agency does something that is outside of the power that’s delegated to it by the Legislature,” Freeman said.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.