RFR-Page 2
MCL 333.16148; MCL 333.16174; MCL 333.16178; MCL 333.16181; MCL 333.16182; MCL
333.16186; MCL 333.16201; MCL 333.16204; MCL 333.16205; MCL 333.16215; MCL
333.16287; MCL 333.17107; MCL 333.17111; MCL 333.17112; MCL 333.17115; MCL
333.17116; MCL 333.17117; MCL 333.17121; Executive Reorganization Order No. 1991-9, MCL
338.3501; Executive Reorganization Order No. 1996-2, MCL 445.2001; Executive Reorganization
Order No. 2003-1, MCL 445.2011, and Executive Reorganization Order No. 2011-4, MCL
445.2030.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
Yes. Part 171 of the Public Health Code, MCL 333.17101 to MCL 333.17123, effective April 4,
2017, established the formation of the Michigan Board of Midwifery and required the Board to
enact rules within 24 months after the effective date of Part 171. MCL 333.16204 states that if a
Board requires completion of continuing education as a condition for renewal, it shall require an
appropriate number of hours or courses in pain and symptom management. MCL 333.16287 states
that the department in consultation with the board, shall promulgate rules to implement sections
16284 and 16285.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
Each state establishes its own requirements with respect to the licensing requirements of
midwives, so there is no federal rule or standard set by a national or state agency that the proposed
rules can duplicate or be in conflict with.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
No. The subject matter of the proposed rules is not currently contained in any guideline,
handbook, manual, instructional bulletin, form with instructions, or operational memoranda.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The proposed rules do not exceed similar regulations, compliance requirements, or other standards
adopted at the state, regional, or federal level.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
The Department will work with associations, related businesses, and lobbyists in preparing the
proposed rules.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
The rules were promulgated April 6, 2019. There have been no technological factors, economic
conditions or other factors that would necessitate amendment of the rules.
MCL 24.239