Michigan dentist challenges state rule requiring ideological training for license renewal, calling it unconstitutional.

State Licensing Mandate Prompts Legal Fight Over Dentist’s Career

A retired Grand Rapids dentist has filed suit against the Michigan Department of Licensing and Regulatory Affairs (LARA) over a rule for implicit bias mandate and training for healthcare license renewals. The complaint, filed April 14, 2025, argues that the mandate is unconstitutional, ideologically coercive, and exceeds the state agency’s legal authority.

Dr. Kent Wildern, a licensed dentist for 40 years, voluntarily allowed his license to lapse rather than comply with the two-hour training requirement. Now, with legal backing from the Pacific Legal Foundation, he’s asking the Michigan Court of Claims to block enforcement of the rule and restore his right to return to work.

Implicit Bias Rule Applies to 400,000 Michigan Workers

The regulation in question—Mich Admin Code R 338.7004—was implemented in June 2021, following an executive directive from Governor Gretchen Whitmer amid the dual crises of COVID-19 and the George Floyd protests. It mandates implicit bias training for every healthcare professional in the state, excluding veterinarians.

The rule impacts over 400,000 licensed professionals, ranging from dentists and nurses to counselors and physicians. While designed to improve patient outcomes by addressing unconscious bias in clinical care, critics say the training is ideologically prescriptive and lacking in legal foundation.

Dentist Alleges Rule is Unauthorized and Overly Broad

The lawsuit argues that LARA lacked statutory authority to create such sweeping rules. According to court filings, neither the legislature nor any professional licensing boards directly approved Rule 338.7004. Instead, it was issued by executive directive and enforced through agency rulemaking.

Dr. Wildern’s legal team argues that this bypasses public debate and legislative oversight. The suit states:

“Rather than remain within the constraints placed upon it by the legislature, LARA promulgated Rule 338.7004 at the Governor’s direction in order to implement ideologically imbued public health policy that no statute has authorized.”

Fines and Suspensions Underscore Growing Backlash

LARA has taken enforcement actions against at least 132 healthcare workers, issuing fines totaling $76,000 since September 2024. Some professionals have seen their licenses suspended, while others chose to exit their professions altogether.

According to Wildern’s legal filing, the implicit bias training includes “instruction in equitable access, historical bias, and assessments of unconscious beliefs”—content he believes infringes on personal conscience and fails to improve clinical competence.

Legal Questions Could Reshape Regulatory Authority in Michigan

Wildern’s case hinges on whether executive agencies like LARA can impose broad professional mandates without direct legislative approval. The complaint raises constitutional concerns under the nondelegation doctrine, arguing that the executive branch is assuming powers that belong to lawmakers.

Legal observers say the case could influence how Michigan and other states balance agency discretion with legislative oversight. Challenges like this one often aim to clarify whether regulations issued by agencies align with statutory authority or veer into the realm of policymaking—typically reserved for elected legislators.

If successful, the lawsuit against the implicit bias mandate could limit the scope of future rules issued by state departments, particularly in areas involving professional licensing, healthcare regulation, and mandatory training requirements.

A Return to Practice Hinges on Court Ruling

Now retired, Dr. Wildern said he would return to dentistry part-time if the requirement is lifted. For him, the case is about principle:
“I served my community for four decades,” he said in the complaint. “But I won’t be forced to take an ideological course just to keep my license.”

The case, titled Wildern v. Department of Licensing and Regulatory Affairs, is pending in the Michigan Court of Claims in Lansing.

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