Athletic trainers call timeout on rising licensing costs

Michigan athletic trainers are resisting a 2024 licensing fee hike that they say conflicts with a 2015 state law designed to lower their regulatory costs.

Athletic trainers were first licensed under Public Act 54 of 2006, which required them to pay $200 annually. In 2006, new applicants had to pay a $75 application fee, which now stands at $82.70.

The Michigan Athletic Trainers’ Society lobbied for a change. It succeeded when the Legislature passed Public Act 166 of 2015, which lowered the cost of a license to $100 per year.

Officials of the Department of Licensing and Regulatory Affairs increased the fee in 2020 to $324.45 every three years, and then to $330.90 in 2024.

The professional membership organization for athletic trainers argues that the regulatory department erred in raising fees.

“MATS believes the fee increase is due to Section 333.16317 of Public Act 80 of 1993, which references Act 368 of 1978: ‘the department may increase the fees collected under sections 16319 to 16349 by a percentage amount equal to not more than the average percentage wage and salary increase granted for that fiscal year to classified civil service employees employed by the department,’” Alex Salinas, president of the Michigan Athletic Trainers’ Society, told Michigan Capitol Confidential in an email.

The 2015 practice act does not stipulate that a government agency cannot raise the rates, so the department may have acted within the law. But it may have also run against “lex posterior derogat priori,” a legal principle that a newer law takes precedence over an older one.

State regulators might be relying on Public Act 80 of 1993, under MCL 333.16317, instead of following the 2015 practice act. The department did not respond to an email seeking comment.

Other requirements athletic trainers must meet include completing 75 hours of continuing education every three years, taking implicit bias training, and getting certified in emergency cardiac care. Athletic trainers must also pay $50 annually to maintain national certification.

Some trainers work for employers who will cover these expenses, but others must pay out of pocket.

“Licensing fees should cover the cost to actually regulate each profession,” Jarrett Skorup, marketing and communications director at the Mackinac Center for Public Policy, told CapCon in an email.

“Right now, LARA uses fee money to cross-subsidize the regulations imposed on more than 150 different occupations and is doing everything it can to raise fees — outside the legislative process — to get as much revenue as it can,” Skorup said.

A better route, Skorup said, would be for the department to evaluate all the occupations it licenses. It should compare Michigan to other states, analyze the research and make recommendations to lawmakers about which licenses to eliminate.

Doing this “would ensure the state licensing department focuses exclusively on protecting the public in the few occupations that should be licensed,” Skorup added.

Athletic trainers are not the only licensed workers who are paying more than what is required by the law that lays out their licensing requirements.

The Acupuncture Practice Act 140 of 2019 sets license renewal fees at $200 per year, but the current renewal fees are $408 every two years.

Public Act 97 of 2004 allows the state to charge audiologists an annual fee of $150 for a license, plus $120 for an application fee. The current renewal fee is $331.10 every two years.

Rep. Timothy Beson, R-Bay City, is chair of the House Licensing and Regulatory Affairs Committee. He told Michigan Capitol Confidential that he was not aware of the specific concerns from athletic trainers.

“When statutory language appears to conflict or when newer laws may supersede older ones, it’s essential that we take a close look to ensure the department’s actions remain in compliance,” Beson said.

Beson said he would follow up with the agency to see if there is a legislative conflict or ambiguity the committee may need to examine in upcoming hearings.