DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
BUREAU OF COMMUNITY AND HEALTH SYSTEMS  
SUBSTANCE USE DISORDERS SERVICE PROGRAM  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by section 6234 of 1978 PA 368 as amended, MCL 333.6234 and Executive  
Reorganization Order Nos. 1991-3, 1994-1, 1996-1, 1996-2, 1997-4, 2009-1, and 2011-4,  
MCL 333.26321, 333.26322, 330.3101, 445.2001, 333.26324, 333.26327, 445.2030)  
PART 1. DEFINITIONS  
R 325.1301 Definitions.  
Rule 1301. (1) As used in these rules:  
(a) “Admission” means the point at which an individual is formally accepted into a  
substance use disorder services program and services are initiated.  
(b) “Aftercare means the process of providing recommendations to a recipient for  
continued support after discharge from the program.  
(c) “Article 6” means article 6 of the public health code, 1978 PA 368, MCL 333.6230  
to 333.6251.  
(d) “Article 15” means article 15 of the public health code1978 PA 368, MCL  
333.16101 to 333.18838.  
(e) “Certified counselor” means an individual engaged in counseling of recipients in  
a substance use disorder services program who is certified as an alcohol and drug counselor  
by an organization approved and recognized by the department.  
(f) “Community change, alternatives, information, and training” or “CAIT” means  
prevention services offered by a substance use disorder services program.  
(g) “Complaint investigation” means a visit or an inspection of a licensee based upon  
a complaint with an allegation of noncompliance with or violation of the public health  
code, mental health code, or these rules.  
(h) “Department” means the department of licensing and regulatory affairs.  
(i) “Discharge” means the point at which the recipient's active involvement with a  
substance use disorder services program is terminated and the program has provided the  
necessary aftercare recommendations.  
(j) “Follow-up means activities designed for a screening, assessment, referral, and  
follow up program to determine the present status of persons previously discharged by the  
program.  
(k) “Full-time” means employment of not less than 35 hours per week.  
(l) “Individual means that term as defined in section 1105(1) of the public health  
code, MCL 333.1105.  
(m) “Inpatient” means a full range of substance use disorder rehabilitation and  
treatment services that are provided to recipients admitted to a hospital and under medical  
direction.  
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(n) “License” means a license issued by the department under article 6 of the public  
health code to establish, conduct, or maintain a substance use disorder services program.  
This term does not apply to a program located in a correctional institution, a veteran’s  
facility operated by the state or federal government, or a facility owned and operated by  
this state.  
(o) “Licensed counselor” means an individual engaged in counseling of recipients in  
a substance use disorder services program who is licensed under part 181 of the public  
health code, MCL 333.18101 to 333.18117, and is providing services in compliance with  
the scope of his or her license.  
(p) “Licensed master’s social worker” or “LMSW” means an individual engaged in  
counseling of recipients in a substance use disorder services program who is licensed under  
part 185 of the public health code, MCL 333.18501 to 333.18518, and is providing services  
in compliance with the scope of his or her license.  
(q) “Licensed psychologist” means an individual engaged in the practice of  
psychology of recipients in a substance use disorder services program who is licensed  
under part 182 of the public health code, MCL 333.18201 to 333.18237, and is providing  
services in compliance with the scope of his or her license.  
(r) “Licensee means a person, as defined by section 1106(4), MCL 333.1106 who  
holds the license issued under article 6 of the public health code to operate a substance use  
disorder services program. Unless otherwise specified in these rules, a licensee does not  
include a person individually licensed under article 15 of the public health code, to provide  
psychological, medical, or social services through the individual’s license and whose  
recipients are limited to those of the individual licensed professional maintaining and  
operating the office.  
(s) “Licensure survey” means a non-complaint related visit or inspection to an  
applicant or licensee to evaluate compliance with the public health code, mental health  
code, or these rules.  
(t) “Medical director” means an individual licensed to engage in the practice of  
medicine or the practice of osteopathic medicine and surgery under part 170 or part 175 of  
the public health code, MCL 333.17001 to 333.17097 and 333.17501 to 333.17556.  
(u) “Medication assisted treatment” or “MAT” means the use of FDA approved drugs  
methadone, buprenorphine, or naltrexone in combination with counseling and behavioral  
therapy to provide treatment of substance use disorders.  
(v) “Mental health code” means the mental health code, 1974 PA 258, MCL 330.1100  
to 330.2106.  
(w) “Nurse” means a licensed practical nurse, registered professional nurse, or  
advanced practice registered nurse licensed under part 172 of the public health code, MCL  
333.17201 to 333.17242.  
(x) “Outpatient means scheduled, periodic care, including diagnosis and therapy, in  
a nonresidential setting.  
(y) “Person” means that term as defined in section 1106(4) of the public health code,  
MCL 333.1106.  
(z) “Pharmacist” means an individual licensed to engage in the practice of pharmacy  
under article 15 of the public health code.  
Page 2  
(aa) “Physician means an individual licensed to engage in the practice of medicine  
or the practice of osteopathic medicine and surgery under article 15 of the public health  
code.  
(bb) “Physician’s assistant” means an individual who is licensed to practice as a  
physician’s assistant under part 170 of the public health code, MCL 333.17001 to  
333.17097.  
(cc) “Public health code” means the public health code, 1978 PA 368, MCL 333.1101  
to 333.25211.  
(dd) “Recipient” means an individual who receives services from a licensed substance  
use disorder services program in this state.  
(ee) “Regional entity” means a coordinating agency designated by the state of  
Michigan to coordinate substance use disorder services in a specified region.  
(ff) “Residential means a temporary or permanent live-in residential setting that  
provides continuous treatment and rehabilitation services. This term does not include  
recovery, transitional, or sober housing that provides only a residential setting without  
offering treatment and rehabilitation services but may offer prevention services.  
(gg) “Residential detoxification” means a residential, medically acute or subacute,  
systematic reduction of the amount of a drug in the body, or the elimination of a drug from  
the body concomitant.  
(hh) “Residential detoxification treatment positions” or “RDT positions” mean the  
number of recipients that can receive services at a residential detoxification program at the  
same time.  
(ii) “Screening and assessment, referral, follow-up” or “SARF” means the assessment  
of recipients through interviews, psychological tests, and other diagnostic or assessment  
tools, to diagnose substance use disorders and provide appropriate referrals for treatment  
and rehabilitative services, as necessary.  
(jj) “Staff” means an individual who is not a recipient and who works, with or without  
remuneration, for a licensed substance use disorder services program.  
(kk) “Substance use disorder services program” or “program” means a public or  
private person or entity offering or purporting to offer specific substance use disorder  
prevention, treatment, and rehabilitation services.  
(ll) “Substance” means an agent or a chemical that upon entering a human body alters  
the body's physical or psychological status, or both. This includes alcohol and other drugs.  
(mm) “Supervision” means that term as defined in section 16109(2) of the code, MCL  
333.16109  
(nn) “United States Food & Drug Administration” or “FDA” means the federal  
agency of the United States Department of Health and Human Services.  
(2) A term defined in the public health code or the mental health code has the same  
meaning when used in these rules.  
History: 2018 AACS; 2020 MR 17, Eff. Sept. 10, 2020.  
PART 2: STATE AGENCY REQUIREMENTS  
SUBPART A: LICENSING  
Page 3  
R 325.1303 Application; licensing requirement; review process; licensure.  
Rule 1303. (1) As authorized in article 6 of the public health code and chapter 2a of  
the mental health code, MCL 330.1260 to 330.1287, an application for initial licensure or  
licensure change, including change in ownership, relocation of the program, addition or  
deletion of service levels, change in bed or RDT positions, shall be made on the most recent  
applicable form authorized and provided by the department.  
(2) A person offering substance use disorder services shall be licensed under article  
6 of the public health code, except as provided in subrule (3) or (4) of this rule.  
(3) A substance use disorder services program license is not required for an individual  
licensed under article 15 of the public health code to provide psychological, medical, or  
social services if all of the following are met:  
(a) An individual is offering psychological, medical, or social services within the  
scope of his or her individual professional license and not under a group or organization  
offering substance use disorder services, unless exempt under subdivision (c) of this  
subrule.  
(b) An individual is offering psychological or medical services and not providing  
methadone treatment. Methadone treatment requires a license under article 6 of the public  
health code, for the group or organization, not for the individual licensed under article 15  
of the public health code.  
(c) An individual, or individuals in a group practice, is offering psychological or  
medical services and does not provide buprenorphine or naltrexone treatment to more than  
100 individuals at any 1 time at a specific property. As a result of not meeting subdivision  
(c) of this subrule, a license shall be maintained until the licensee can demonstrate to the  
satisfaction of the department that the specific property will only provide treatment equal  
to or less than 100 unique recipients at any 1 time for each of the next 2 consecutive  
calendar years.  
(4) A substance use disorder services program license is not required for an individual  
who is licensed as a pharmacist and is administering buprenorphine or naltrexone treatment  
at a licensed pharmacy location under the written direct delegation of an individual licensed  
under article 15 of the public health code and functioning within applicable scope of  
practice.  
(5) If the application is incomplete and requires additional information, the  
department shall notify an applicant in writing within 30 days of receipt of application. An  
application is not deemed complete by the department until both of the following are  
received:  
(a) The application form and required attachments.  
(b) The application or licensing fee, as applicable.  
(6) The department shall conduct a prelicensure survey within 3 months of an  
application being deemed complete for the initiation of a residential, residential  
detoxification, MAT, or inpatient substance use disorder services program.  
(7) Upon determination of compliance with the public health code, mental health  
code and these rules, the department shall issue a license that identifies all of the following:  
(a) Name of the licensee.  
(b) Business name of the substance use disorder services program.  
(c) Physical address of the substance use disorder services program.  
Page 4  
(d) Any of the following service categories authorized:  
(i) Prevention service - CAIT.  
(ii) Treatment and rehabilitation services including 1 or more of the following:  
(A) SARF.  
(B) Outpatient.  
(C) MAT.  
(D) Residential.  
(E) Residential detoxification.  
(F) Inpatient.  
(e) Number of beds for residential or inpatient service categories.  
(f) Number of RDT positions for residential detoxification service category.  
(8) The department shall conduct a post licensure survey within 3 months of the initial  
license being issued.  
(9) A licensee shall post the license and the hours of operation of the program in a  
conspicuous public area of the program.  
(10) A new license shall be issued by the department prior to the transfer of a license  
to a different owner of a program through a change of ownership application, or from 1  
physical location to another physical location through an application to relocate the  
program.  
History: 2018 AACS  
R 325.1305 License renewal process.  
Rule 1305. (1) Renewal of a license shall be completed through an electronic web-  
based system authorized and provided by the department.  
(2) A license is renewed and valid only upon electronic payment of the applicable  
renewal fee.  
(3) A license must be renewed before August 1 of each calendar year, unless  
otherwise specified on the license.  
(4) The department may require changes or corrections to a license prior to renewal.  
(5) If a license is not renewed within 30 days after the expiration date, the department  
may take any enforcement action authorized by section 6243 of the code, MCL 333.6243.  
History: 2018 AACS  
R 325.1307 Licensure survey and complaint investigation process.  
Rule 1307. (1) A prelicensure survey shall be scheduled and announced for  
residential, residential detoxification, MAT, and inpatient service categories.  
(2) All other licensure surveys and compliant investigations shall be unannounced.  
(3) A licensure survey or complaint investigation may be conducted by the  
department during any hours of operation of the program.  
(4) A licensure survey or complaint investigation may use information not collected  
from an applicant or licensee during its review. If this information is used, an applicant or  
licensee shall be notified of this information.  
Page 5  
(5) An applicant or licensee shall grant access to the program and cooperate during a  
licensure survey or complaint investigation for the department to determine compliance  
with applicable statutory and regulatory requirements. The department shall determine  
lack of access or cooperation as evidence of noncompliance.  
History: 2018 AACS  
R 325.1309 Waiver from licensure survey.  
Rule 1309. (1) The department shall provide and make publicly available a procedure  
for when a licensee may be eligible for a waiver from a licensure survey. The procedure  
must include maintaining a list of approved accrediting bodies for programs.  
(2) On or before October 1 of each year, the department shall publish a list of  
programs to receive a licensure survey in the next calendar year.  
(3) An eligible licensee may request a waiver from licensure survey on or before  
November 1 of each year. A waiver request shall be submitted on a form authorized by  
the department.  
(4) On or before January 1 of the survey year, the department shall provide in writing  
an approval or denial of the waiver from licensure survey to the licensee.  
(5) Denial of a waiver from licensure survey is not subject to appeal and will result  
in a licensure survey during the survey year.  
(6) An approved waiver from licensure survey shall not prohibit the department from  
conducting an onsite licensure survey at any point in the future to protect the health, safety,  
and welfare of individuals receiving care and services.  
History: 2018 AACS  
SUBPART B: PROGRAM COMPLAINT AND COMPLAINT  
INVESTIGATION  
R 325.1311 Program complaint.  
Rule 1311. (1) A program complaint filed with the department shall be limited to  
allegations that the program did not comply with the public health code, mental health  
code, other state laws, or these rules.  
(2) A complainant shall provide enough information to identify the specific program  
where the alleged conduct or incident took place. This information includes, but is not  
limited to, the name and address of the program.  
(3) A program complaint may be filed anonymously.  
(4) When a program complaint is filed by an individual with the department, it must  
be filed within 12 months of the violation. If it is not filed within 12 months of the  
violation, the department may investigate the program complaint if the complainant shows  
good cause for delayed filing of the program complaint, such as lack of knowledge of the  
violation within the 12-month period.  
(5) A program complaint shall be submitted using the department’s hotline or in  
writing using the United States Postal Service, email, the department’s online complaint  
Page 6  
form, facsimile, or other method provided for on the department’s website,  
(6) A program complaint must be understandable and limited to matters involving an  
alleged violation of an applicable law or rule affecting the complainant, the recipient or, in  
the case of a public interest group, affecting the public or a portion of the public.  
(7) The department shall receive, evaluate, and, if warranted, investigate a filed  
program complaint. The department shall not investigate a program complaint that, as  
alleged, does not violate a law or rule regulated by the department. The department shall  
send a letter of acknowledgement to each complainant upon evaluation of the program  
complaint, except when a program complaint is submitted anonymously.  
(8) The department shall notify the licensee of the nature of the program complaint  
no earlier than the initial visit to the licensee to investigate the program complaint.  
(9) The department shall provide the complainant with the written findings of the  
program complaint investigation, or instructions for how to obtain the written findings, no  
later than 30 days after the conclusion of the program complaint process. The department  
shall inform the complainant of the department’s actions if the program does not correct  
areas of noncompliance, when applicable. This subrule does not apply when a program  
complaint is filed anonymously.  
History: 2018 AACS  
R 325.1313 Complaint investigation of program complaint.  
Rule 1313. (1) An employee assigned by the department may conduct a complaint  
investigation of a program complaint to ensure compliance with state law or rule.  
(2) Complaint investigations pursuant to these rules may include, but are not limited  
to, all of the following:  
(a) Observation of the operation of the program.  
(b) Assessment and copying of relevant books, records, recipient records, videos, and  
other documents maintained by a program.  
(c) Collection of other information, including otherwise privileged or confidential  
information, from any person who may have information bearing on an applicant’s or  
licensee’s compliance or ability to comply with the requirements for licensure.  
(3) To perform the duties listed in subrule (2) of this rule, an employee assigned by  
the department may use pictures, audio recordings, video recordings, and other acceptable  
technology in a manner authorized for use by the department.  
(4) The department shall provide a program with its written findings no later than 30  
days after the conclusion of the regulatory activity described in subrule (1) of this rule.  
(5) A licensee shall cooperate with the investigation and provide truthful information  
to the department.  
(6) A complainant shall be informed of the department findings within 15 days of the  
completion of the complaint investigation. The complaint investigation findings are not  
subject to appeal.  
(7) Within 45 days of the completion of the complaint investigation, a complainant  
may submit a request for an administrative review by the department with specific  
allegations that the complaint investigation was not conducted in accordance with these  
rules.  
Page 7  
History: 2018 AACS  
SUBPART C: ENFORCEMENT AND HEARING  
R 325.1315 Denial of application; revocation of license.  
Rule 1315. An application or license may be denied or revoked for 1 or more of the  
following reasons:  
(a) Violation of the public health code, mental health code, or these rules.  
(b) Submission of false information to the department that is related and material to  
the requirements of applying for or holding a license.  
(c) Denial, revocation, suspension, or failure to renew a federal registration to  
distribute or dispense methadone, other MAT medications, or other controlled substances.  
(d) Disciplinary action, suspension, or revocation of the license issued under article  
15 of the public health code for the medical director of the program, or any other health  
professional who is directly responsible for the care of a recipient.  
(e) Failure of an applicant or licensee to cooperate with the department in connection  
with a licensure survey, complaint investigation, or any other investigation or inquiry.  
(f) Failure to provide information necessary to conduct a thorough assessment of an  
applicant, an application, a licensee, a license, complainants, or a complaint investigation.  
History: 2018 AACS  
R 325.1317 License suspension.  
Rule 1317. A license may be subject to a summary suspension for any violation of  
the public health code, mental health code, or these rules that may, according to the  
determination of the department, pose a risk to the public health, safety, or welfare of  
recipients and where remedial action has not been taken by the provider, pursuant to section  
92 (2) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.292 (2).  
History: 2018 AACS  
R 325.1319 Refusal by department to issue or renew license  
Rule 1319. A person, representative, director, or officer of a licensee, an agency, a  
firm, a corporation, an association, or an organization who has had a license revoked or a  
renewal denied may be refused a license for a period of not less than 3 years after the  
revocation or renewal denial. The department may accept an application from a person, an  
applicant, or licensee or anyone connected directly or indirectly with a licensee who has  
had a license revoked or a renewal denied. The department may reject the application on  
its face without taking further action after notifying an applicant of the rejection and the  
reason for the rejection. The rejection is not subject to appeal.  
History: 2018 AACS  
Page 8  
R 325.1321 Notification of denial of application.  
Rule 1321. When the department determines that an application shall be denied for  
any of the reasons specified in R 325.1315, or for any other reason afforded under the  
public health code, the mental health code, or these rules, an applicant shall be notified in  
writing of this final agency decision. The denial of an application is not subject to appeal.  
History: 2018 AACS  
R 325.1323  
Notification of revocation of license or nonrenewal of license;  
compliance conference; opportunity to appeal.  
Rule 1323. (1) When the department determines that a licensee has committed an act  
or engaged in conduct or practices that warrants the revocation of a license or the denial to  
renew a license, the department shall issue a notice of intent that includes all of the  
following:  
(a) The reason or reasons for the revocation of a license or the denial to renew a  
license.  
(b) The date, time, and location for a compliance conference. The compliance  
conference shall take place at least 45 days from the date of the notice of intent.  
(c) Guidance to the licensee that a written appeal of the notice of intent must be  
submitted to the department within 30 days from the date of the notice of intent for the  
compliance conference to occur.  
(2) The department shall send the notice of intent to the licensee by certified mail  
with return receipt requested.  
(3) If a licensee does not submit a written appeal of the notice of intent within 30 days  
from the date of notice of intent, the department may revoke or not renew the license. This  
action on the license shall be final and is not subject to administrative appeal.  
(4) If a licensee submits a timely appeal of the notice of intent, the department shall  
hold the compliance conference as indicated in the notice of intent. The licensee shall be  
afforded an opportunity to show compliance to all lawful requirements for a license.  
(5) If a licensee does not demonstrate compliance at the compliance conference or  
the parties are unable to resolve the issues at the conference, the department shall request  
a formal hearing pursuant to sections 71 to 92 of the administrative procedures act of 1969,  
1969 PA 306, MCL 24.271 to 24.292, and Part 1 of the Michigan administrative hearing  
system administrative hearing rules, R 792.10101 to R 792.10137.  
History: 2018 AACS  
R 325.1325 Order of summary suspension.  
Rule 1325. (1) When the department determines that a licensee has committed an act  
or engaged in conduct or practices that justify an order for summary suspension of the  
license because it may pose a risk to the public health, safety, or welfare, the department  
shall notify the licensee, either by personal service or certified mail with return receipt  
requested, of the order to summarily suspend the license. The order shall contain the name  
Page 9  
and license number of the licensee, the allegations of risk or harm prompting the summary  
suspension, and the specific date and time the licensee shall cease operations. The order  
may also contain specific actions the licensee must take to address referral of recipients,  
disposition of existing supplies, and recipient records.  
(2) Upon issuance of the order for summary suspension, the department shall  
promptly request a formal hearing pursuant to section 92(2), MCL 24.292(2) of the  
administrative procedures act of 1969, 1969 PA 306, MCL 24.292 (2).  
History: 2018 AACS  
R 325.1327 Applicability.  
Rule 1327. (1) The procedures set forth in R 325.1315 to R 325.1325 apply to the  
hearings and penalties related to violations outlined in article 6 of the public health code.  
(2) Unless otherwise provided by article 6 of the public health code, chapter 2a of the  
mental health code, MCL 330.1260 to 330.1287, or these rules, the procedures for a hearing  
shall comply with sections 71 to 92 of the administrative procedures act of 1969, 1969 PA  
306, MCL 24.271 to 24.292, and Part 1 of the Michigan administrative hearing system  
administrative hearing rules, R 792.10101 to R 792.10137.  
History: 2018 AACS  
PART 3: SUBSTANCE USE DISORDER SERVICES PROGRAM  
REQUIREMENTS  
SUBPART A: ADMINISTRATION  
R 325.1329 Ownership; licensee.  
Rule 1329. (1) An applicant or licensee shall disclose ownership of a program to the  
department on the license application. An applicant or licensee is the individual or entity  
applying to the department to establish, conduct, or maintain a substance use disorder  
services program.  
(2) An applicant or licensee shall be the legal authority and responsible for the  
management of the program, the provision of all services, and its fiscal operations.  
(3) An applicant or licensee shall establish policies and procedures for the  
management, operation, and evaluation of the program.  
(4) Acceptance of a license means the licensee shall comply with the public health  
code, mental health code, and these rules.  
History: 2018 AACS  
R 325.1331 Policies and procedures.  
Rule 1331. (1) An applicant or licensee shall have policies and procedures for the  
services offered. A licensee shall review and update the policies and procedures triennially  
Page 10  
or as necessary, whichever is sooner. Reviews shall be documented through date and  
signature on the policy and procedure or by meeting minutes that list the specific policies  
and procedures reviewed.  
(2) Policies and procedures for all programs shall include all of the following:  
(a) Confidentiality.  
(b) Chart outlining the organization structure.  
(c) Recipient rights.  
(d) Referral.  
(3) Policies and procedures for a program offering treatment and rehabilitation  
services shall include all of the following:  
(a) Admissions. The policy and procedure shall include a consent for treatment that  
outlines the benefits and drawbacks of each treatment and rehabilitative service offered by  
the program as well as other FDA approved treatments not offered by the program.  
(b) Discharge, including aftercare.  
(c) Follow-up.  
(d) Intake.  
(4) Policies and procedures, when the following services are offered, shall include  
the following, as applicable:  
(a) Prescribing of treatment medications. The policy and procedure shall include the  
delegation of those duties in accordance with article 15 of the public health code.  
(b) Dosing of treatment medications. The policy and procedure shall include the  
delegation of those duties in accordance with article 15 of the public health code.  
(c) Telemedicine or other communication modalities. The policy and procedure shall  
assure that the use of telemedicine or other communication modalities are in accordance  
with applicable laws and these rules, including the insurance code of 1956, 1956 PA 218,  
MCL 500.100 to 500.8302.  
History: 2018 AACS  
R 325.1333 Complaint filed with program; policy and procedure for initiation,  
investigation, and resolution.  
Rule 1333. (1) An applicant or licensee shall adopt written policies and procedures  
for the initiation, investigation, and resolution of complaints filed with the program. These  
policies and procedures shall be provided by the applicant or licensee to each recipient at  
the time of admission to the program and upon request. Program complaint policies and  
procedures shall contain, at a minimum, all of the following:  
(a) A statement that a recipient, or the recipient’s legal guardian or designated  
representative when that person has standing, may file a complaint to the program, the  
department, or both; and, a statement that the person need not cite a specific violation of  
law or rule.  
(b) A complainant’s contact information, unless the complainant wants to remain  
anonymous.  
(c) A process for filing a complaint with the program about potential violations of  
law or rule, including a process to assist the complainant with writing a complaint when an  
oral complaint is not resolved to the complainant’s satisfaction.  
Page 11  
(d) A process to document when oral complaints are resolved and when investigation  
activities are discontinued.  
(e) If a standard complaint form is used, a copy of the form must be provided to each  
person at the time of admission or treatment and upon request.  
(f) The name, title, location, and contact information of the individual who is  
responsible for receiving complaints and conducting complaint investigations for the  
program, as well as the process for communicating with that individual.  
(g) A requirement that all program complaint investigations be started within 72 hours  
of receipt of a complaint or discovery of the allegation or allegations, whichever occurs  
first.  
(h) A requirement that all program complaint investigations be completed within 15  
days of receipt of the complaint or discovery of the allegation or allegations, whichever  
occurs first.  
(i) A requirement that the program shall deliver to the complainant within 30 days of  
receipt of the program complaint or discovery of the allegation or allegations, whichever  
occurs first, the written results of the investigation or a written status report indicating when  
the written results of the investigation may be expected. The written results shall inform  
the complainant that the complainant may file a program complaint with the department  
and include the department’s contact information. This subdivision does not apply to a  
complaint that is filed anonymously.  
(2) A program shall maintain for 2 years any program complaints filed under its  
complaint procedure, and all program complaint investigation reports and correspondence  
delivered to each complainant. Such records shall be available to the department upon  
request.  
History: 2018 AACS  
R 325.1335 Program assessment and evaluation.  
Rule 1335. (1) An applicant or licensee shall develop written goals and objectives to  
assess the needs and evaluate the effectiveness of the program and services offered.  
(2) An assessment shall identify the staffing needs, supplies, and other necessary  
components to ensure the effectiveness of the delivery of services.  
(3) A licensee shall review and document the evaluation of the program and services  
offered. The evaluation shall be completed annually or when there is a change in services  
or the needs assessment of the recipients, whichever is sooner.  
(4) A licensee shall make the reports available to the department upon request and  
during survey or complaint investigation.  
History: 2018 AACS  
Rule 325.1337 Data reporting; informal advisory group.  
Rule 1337. (1) The department may collect information and aggregated data from  
licensees, including but not limited to, any of the following:  
(a) Availability of services.  
(b) Hours of operation.  
Page 12  
(c) Demographic data.  
(d) Morbidity and mortality data.  
(e) Volume of care provided to patients from all payor sources.  
(2) Prior to any data collection under this rule, the department shall establish an  
informal advisory group, with representation from providers of substance use disorder  
services programs, to determine the data elements to be collected.  
(3) The licensee shall provide the required data on an individual basis for each  
licensed site in a format and media designated by the department.  
(4) The department may elect to verify the data through onsite review of appropriate  
records.  
History: 2018 AACS  
R 325.1339 Emergency preparedness plan.  
Rule 1339. An applicant or licensee shall have an all-hazard emergency preparedness  
plan to meet the health and safety needs of its recipient population and personnel. The  
emergency preparedness plan shall provide guidance on how to respond to emergency  
situations that could impact the operation of the program, such as natural, man-made  
disasters or other emergent situations. The emergency preparedness plan shall include all  
of the following components:  
(1) A risk assessment.  
(2) A written emergency response plan.  
(3) Written policies and procedures that support the successful execution of the  
emergency response plan.  
(4) A written communication plan.  
(5) A written training and testing plan.  
History: 2018 AACS  
R 325.1341 Proposed program closure.  
Rule 1341. (1) At least 30 days prior to the proposed closure date of a substance use  
disorder services program, a licensee shall notify the department in writing and identify all  
of the following:  
(a) The name and address of the program.  
(b) The proposed closure date.  
(c) The number of recipients in treatment at the time of notification.  
(d) The name, title, telephone number, and email address of the individual who is  
designated to serve as the contact person for the closure process.  
(2) A licensee shall submit a closure plan to the department and the closure plan shall  
include all of the following:  
(a) A timeline for closure.  
(b) A method to ensure adequate staffing throughout the closure process.  
(c) Provisions for the maintenance, storage, safekeeping, or destruction of recipient  
records and, if applicable, by including the name of the organization, the address, and the  
contact information where medical records will be stored.  
Page 13  
(d) Provisions for notifying all affected state, federal, and local governmental  
authorities of the proposed closure.  
(e) A method to identify a program or other appropriate location for each recipient  
that includes both of the following:  
(i) Assessment of recipient needs.  
(ii) Provision of information to recipients and families about other programs based  
on recipient’s assessment.  
History: 2018 AACS  
R 325.1343  
regulations.  
Compliance with other federal, state, and local statutes and  
Rule 1343. (1) In addition to the requirements of the public health code, mental health  
code, and these rules, an applicant and licensee shall comply with other federal, state, or  
local statutes, rules, and regulations that may directly impact the delivery of substance use  
disorder services, such as compliance with all state pharmacy laws related to controlled  
substances, licenses, health occupational requirements under article 15 of the public health  
code, and local governmental requirements for residential settings.  
(2) The department may take action against a licensee for noncompliance with other  
federal, state, or local statutes, rules and regulations that may directly impact the delivery  
of substance use disorder services. The department may act at its discretion upon referral  
and final determination of noncompliance by other federal, state, or local authorities  
against a licensee.  
History: 2018 AACS  
SUBPART B: STAFFING  
R 325.1345 Personnel management.  
Rule 1345. (1) An applicant or licensee shall have written personnel policies and  
procedures.  
(2) An applicant or licensee shall have a written job description for each staff position  
that identifies all of the following:  
(a) Job title.  
(b) Tasks and responsibilities.  
(c) Education and experience.  
(d) Skills, knowledge, and training.  
(e) Licensure or credentialing, as applicable.  
(f) Any supervisory roles and responsibilities for other staff members, including of  
individuals with a limited or temporary license.  
(3) Personnel policies, procedures, and job descriptions shall be reviewed and  
documented annually by the program director and updated as necessary.  
(4) An applicant or licensee shall establish an orientation program for staff.  
(5) An applicant or licensee shall maintain personnel records for each staff member.  
Page 14  
History: 2018 AACS  
R 325.1347 Program director.  
Rule 1347. An applicant or licensee shall designate a program director who is  
responsible for all phases of the operation of the program, selection of staff, and quality of  
care provided in the program. Any delegation of duties by a program director to another  
staff person shall be in writing and shall not be for more than 1 year. The written delegation  
shall clearly identify the specific task being delegated. Delegation of duties by the program  
director shall be assigned only to a qualified designee and the qualifications shall be  
identified in the delegation. An applicant or licensee may assign a different title to this  
position.  
History: 2018 AACS  
R 325.1349 Staffing.  
Rule 1349. (1) An applicant or licensee shall conduct an assessment of services  
offered by the program to identify additional staffing levels beyond minimum licensing  
requirements. The assessment shall identify the services offered by the program, the staff  
required to provide those services, licensing and credentialing requirements for the staff  
identified, and the level of staffing needed. The assessment shall be completed and  
documented by the applicant or licensee annually or when there is a change in services or  
the needs assessment of the recipients, whichever is sooner.  
(2) The licensee shall maintain staffing levels according to the requirements of these  
rules and the assessment completed by the program outlined in subrule (1) of this rule,  
except in documented short-term instances less than 2 weeks in length due to an illness, a  
vacation, and other leave. This subdivision does not preclude the licensee from the  
appropriate use of other staff or professions not identified in these rules. If these other staff  
or professions are not identified in these rules, then these individuals cannot be used to  
meet the minimum staffing requirements set forth in these rules.  
(3) Upon the effective date of these rules, an individual to be counted for counseling  
services staffing requirements that does not possess an applicable license, as specified by  
these rules, but is enrolled in a certification program approved by the department, will have  
12 months to obtain the applicable certification.  
(4) A program that is licensed for residential and residential detoxification at a single  
licensed site may share a licensed counselor, LMSW, or licensed psychologist, if other  
staffing requirements are maintained.  
(5) A program that is licensed for residential detoxification and inpatient at a single  
licensed site may share a medical director.  
History: 2018 AACS  
R 325.1351 Staff development and training.  
Page 15  
Rule 1351. (1) An applicant or licensee shall establish a staff development and  
training program to include all of the following:  
(a) Orientation for staff.  
(b) On-the-job training.  
(c) In-service education.  
(d) Opportunity for continuing job-related education.  
(2) An applicant or licensee shall maintain training records for each staff person.  
History: 2018 AACS  
R 325.1353 Medical director.  
Rule 1353. (1) An applicant or licensee for MAT, residential detoxification, or  
inpatient service categories shall have a physician as the medical director. The medical  
director shall oversee all medical services performed by the program. For a program where  
there is only 1 physician, that physician is considered as the medical director for purposes  
of these rules.  
(2) The medical director shall comply with either of the following:  
(a) Be certified in addiction psychiatry or addiction medicine by a recognized board  
of the American Board of Medical Specialties, including the American Board of Psychiatry  
and Neurology or the American Board of Preventive Medicine or have held a prior  
certification by the American Board of Addiction Medicine.  
(b) Be trained in addiction psychiatry or addiction medicine through continuing  
medical education pursuant to subrule (4) of this rule offered by the American Board of  
Medical Specialties, American Board of Addiction Medicine, American Society of  
Addiction Medicine, American Academy of Addiction Psychiatry, American Association  
for Treatment of Opioid Dependence, American Association of Osteopathic Addiction  
Medicine, the Michigan counterparts of these organizations, or other national or state  
programs acknowledged and accepted by the department.  
(3) Upon the effective date of these rules, a medical director of a program will have 1  
year to achieve certification or training to comply with subrule (2).  
(4) The medical director shall demonstrate ongoing accredited education related to  
substance use disorders comprised of 30 hours every 3 years.  
(5) The medical director shall be responsible for all of the following activities as  
outlined in written policy and procedures or the position description for the medical  
director:  
(a) Developing admission criteria.  
(b) Developing treatment protocols.  
(c) Ensuring adequacy of individual treatment prescriptions developed with the  
participation of professional staff, to include notations of contraindications and  
precautions.  
(d) Providing or arranging for daily medical coverage to meet recipient needs.  
(e) Determining the credentials of other physicians working under the medical  
director.  
(f) Determining the credentials of clinicians who may prescribe pharma-therapies.  
(6) The medical director shall provide oversight of all program physicians,  
physician’s assistants, or advanced practice registered nurses.  
Page 16  
History: 2018 AACS  
R 325.1355 Medical staffing.  
Rule 1355. (1) An individual physician, physician’s assistant, or advanced practice  
registered nurse is responsible for all of the following:  
(a) Ensuring completeness of a recipient record upon admission to the program.  
(b) Reviewing and signing a recipient’s treatment plan.  
(c) Signing or countersigning standing and verbal medical orders as required by  
federal or state law and as follows:  
(i) Documenting verbal orders in a recipient’s record and signed by the individual  
taking the verbal order and countersigned within 72 hours by the licensed health  
professional that gave the verbal order.  
(ii) Documenting standing orders in a recipient’s record and signed by the licensed  
health professional that gave the standing order.  
(iii) Ensuring that justification is recorded in a recipient's record when the frequency  
of treatment is changed.  
(2) Compliance with applicable state requirements for the delivery of controlled  
substances including, but not limited to, possessing a drug control license and a drug  
treatment program prescribers license.  
History: 2018 AACS  
SUBPART C: SERVICES  
R 325.1357 Program services.  
Rule 1357. (1) A licensee shall provide all of the following information to the  
recipient upon admission:  
(a) Services to be offered and the role of the licensee.  
(b) Services available through referral.  
(c) Costs associated with services, including any costs to be paid by recipient.  
(d) Recipient rights and responsibilities.  
(e) Hours during which services will be available.  
(f) General overview of treatment and rehabilitation services to be offered based upon  
recipient records.  
(2) A licensee shall update the recipient prior to any changes to the requirements set  
forth in subrule (1) of this rule.  
History: 2018 AACS  
R 325.1359 Support and referral services.  
Page 17  
Rule 1359. (1) A licensee shall offer support services, either onsite or by referral,  
based upon its assessment of the service categories offered and recipient needs. The  
assessment shall address all of the following support services:  
(a)  
recreational.  
(b) Job development and placement.  
Support and rehabilitation services, including social, educational, and  
(c) Financial counseling.  
(d) Legal counseling.  
(e) Nutritional education and counseling.  
(2) A licensee shall maintain a current list of support services available onsite or by  
referral. A licensee shall review the list with each recipient as part of the admission  
procedure and as part of ongoing treatment planning, management, and coordination.  
History: 2018 AACS  
SUBPART D: RECIPIENT AND ADMINISTRATIVE RECORDS  
R 325.1361 Recipient records, excluding CAIT and SARF.  
Rule 1361. (1) A licensee of a treatment and rehabilitation program shall keep and  
maintain a record for each recipient, including all of the following:  
(a) Recipient identification, including name, address, and birth date.  
(b) Recipient history of substance use, including all of the following:  
(i) Past substance use, including prescribed drugs.  
(ii) Substance use within the last 48 hours.  
(iii) Preferred substances.  
(iv) Frequency of use.  
(v) History of overdose, withdrawal, or adverse drug or alcohol reactions.  
(vi) History of substance use disorder services received, including location and dates  
services were received.  
(vii) Year of first use of each substance.  
(c) Admission, including initiation of service date and signed consent for treatment,  
or reasons for denial of admission.  
(d) Physical disabilities, limitations, and ailments.  
(e) Information submitted by a referral source, if any.  
(f) Diagnosis.  
(g) Medical or clinical diagnostic test findings.  
(h) Treatment plans.  
(i) Progress notes.  
(j) Notes and observations by other personnel providing care.  
(k) Within 14 days of discharge from a program, record of discharge, discharge  
summary, transfer to another program, or death shall be documented within the recipient  
record.  
(l) Recipient emergency contact information including, but not limited to, guardian  
and durable power of attorney contact information.  
(m) Consent forms as required and appropriate.  
Page 18  
(2) The recipient record for residential service categories shall also include both of  
the following:  
(a) Medical history and physical examination.  
(b) Medication records.  
(3) The recipient record for inpatient, residential detoxification, and MAT shall also  
include all of the following:  
(a) Medical history and physical examination.  
(b) Physician, physician’s assistant, or advanced practice registered nurse orders.  
(c) Physician, physician’s assistant, or advanced practice registered nurse progress  
notes.  
(d) Nurse notes.  
(e) Medication records.  
History: 2018 AACS  
R 325.1363 Treatment plans, excluding CAIT and SARF.  
Rule 1363. (1) Based upon the assessments made of a recipient's needs, a written  
treatment plan shall be developed and recorded in the recipient's record. A treatment plan  
shall be developed as promptly after the recipient's admission as feasible, but before the  
recipient is engaged in therapeutic activities. The treatment plan shall comply with all of  
the following:  
(a) Be individualized based upon the assessment of the recipient's needs and, if  
applicable, the medical evaluation.  
(b) Define the sequence, frequency, and duration of the services and therapeutic  
activities to be provided to the recipient, including required counseling from a licensed  
counselor; limited licensed counselor under the supervision of a licensed counselor;  
LMSW; limited LMSW under the supervision of a LMSW; licensed psychologist; limited  
licensed psychologist under the supervision of a licensed psychologist; temporary limited  
licensed psychologist under the supervision of a licensed psychologist; post-doctoral  
education limited licensed psychologist under the supervision of a licensed psychologist;  
or certified counselor. This subdivision does not preclude the use of other counseling  
services where licensing or certification is not required. Other counseling services shall not  
be used to meet the minimum counseling requirements set forth in these rules.  
(c) Include referrals for services that are not available in the program.  
(d) Contain objectives the recipient will be attempting to achieve, together with a  
realistic time schedule for their achievement.  
(2) Review of, and changes in, the treatment plan shall be recorded in the recipient's  
record. The date of the review of change, together with the names of the individuals  
involved in the review, shall also be recorded. A treatment plan shall be reviewed at least  
once every 120 days by the licensed counselor, LMSW, licensed psychologist, or certified  
counselor, or other licensed health professional.  
History: 2018 AACS  
Page 19  
R 325.1365 Controlled substances and medication records, excluding CAIT,  
SARF, and outpatient.  
Rule 1365. A licensee shall maintain controlled substance and medication records  
that include all of the following:  
(a) Inventory of controlled substances that includes all of the following:  
(i) Date and quantity received, including lot numbers.  
(ii) Date and amount dispensed, including lot number, recipient name, method of  
dispensing, and signature of recipient and the dispensing licensed health professional.  
(iii) Disposal record and signatures.  
(b) Inventory of recipient medications.  
History: 2018 AACS  
R 325.1367 Administrative records; program requirements.  
Rule 1367. A program shall maintain the following administrative records, as  
applicable:  
(a) Daily census records that identify the specific number of recipients receiving  
residential, residential detoxification, and inpatient services.  
(b) Daily recipient register or registers that identify the specific number of recipients  
receiving outpatient and MAT services.  
(c) Incident records, including all instances of accidents, injuries, or deaths.  
History: 2018 AACS  
R 325.1369 Storage of records; requirements.  
Rule 1369. (1) Recipient and administrative records shall be preserved and be readily  
available to ensure necessary and immediate access by appropriate health care staff to  
deliver needed care and services.  
(2) Recipient records shall be secured to ensure confidentiality and protection from  
access by unauthorized persons.  
(3) Recipient records that contain health care treatment and services shall be  
maintained for at least 7 years from the date of service and in accordance with the medical  
records act, 2004 PA 47, MCL 333.26261 to 333.26271.  
(4) Administrative records shall be maintained for at least 3 years.  
History: 2018 AACS  
R 325.1371 Recipient and administrative records; confidentiality.  
Rule 1371. (1) Recipient and administrative records shall be available for survey and  
review of content at any time by authorized members of the department.  
(2) Records shall be maintained as confidential documents with 1 or more of the  
following exceptions:  
(a) Information required under these rules.  
(b) Information required by law.  
Page 20  
(c) Information authorized for disclosure by written release of the recipient or the  
recipient’s designated representative.  
History: 2018 AACS  
SUBPART E: SUPPLIES AND PHYSICAL PLANT  
R 325.1373 Physical plant, supplies, equipment, and furnishings.  
Rule 1373. (1) An applicant or licensee shall provide space, supplies, equipment,  
and furnishings needed to offer the service categories specified in the license.  
(2) An applicant or licensee who offers treatment and rehabilitation services shall  
maintain the space, supplies, equipment, and furnishings in a clean, sanitary, safe, and  
usable condition, as well as in compliance with applicable local and state fire, safety, and  
sanitation codes.  
(3) For programs where recipients reside, an applicant or licensee shall maintain  
space that is properly identified and, where necessary, separated based upon license type,  
use, service categories, and other factors where distinct and separate space is necessary.  
History: 2018 AACS  
R 325.1375 Security of controlled substances, medications, and dispensing area.  
Rule 1375. (1) An applicant or licensee offering treatment and rehabilitation services  
shall have a policy and procedure to maintain secured storage and dispensing areas for  
controlled substances and medications.  
(2) The policy and procedure shall identify who and when authorized staff are  
allowed access to secured storage and dispensing areas and when recipients are allowed  
access to dispensing area.  
(3) The policy and procedure shall be reviewed and documented annually by the  
program director and updated as necessary.  
History: 2018 AACS  
PART 4: SPECIAL REQUIREMENTS BY SERVICE CATEGORIES  
SUBPART A: PREVENTION SERVICES  
R 325.1377 Community change, alternatives, information, and training (CAIT).  
Rule 1377. A licensee shall maintain a prevention services log to document provided  
prevention services that includes all of the following information, depending on the type  
of service provided:  
(a) For prevention services provided to a group, all of the following information:  
(i) The group's name or descriptive title and number of service recipients.  
Page 21  
(ii) The name, phone number, and address of a responsible member of the group.  
(iii) The type of service provided.  
(iv) The date of service delivery.  
(v) The name of the staff member providing the service.  
(b) For prevention services provided to an individual, all of the following  
information:  
(i) A notation that an individual received services. The name of the individual is  
not required.  
(ii) The type of service provided.  
(iii) The date of service delivery.  
(iv) The name of the staff member providing the service.  
History: 2018 AACS  
SUBPART B: TREATMENT AND REHABILITATION SERVICES  
R 325.1379 Screening and assessment, referral, follow-up (SARF) services;  
requirements.  
Rule 1379. (1) An applicant or licensee shall employ a licensed counselor, LMSW,  
licensed psychologist, or certified counselor.  
(2) A licensee shall maintain recipient records containing all of the following  
information:  
(a) Recipient identifier.  
(b) Documentation of interviews, psychological tests, and other diagnostic tools used  
to assess the recipient.  
(c) Date and method of referral.  
(d) Substance use disorder diagnosis.  
(e) Summary of referral, including the specific treatment and rehabilitative services  
suggested and treatment program options.  
History: 2018 AACS  
R 325.1381 Outpatient services; requirements.  
Rule 1381. (1) An applicant or licensee shall employ a licensed counselor, LMSW,  
or licensed psychologist.  
(2) A licensee shall establish, maintain, and publicly post hours for counseling  
services.  
(3) A licensed counselor; limited licensed counselor under the supervision of a  
licensed counselor; LMSW; limited LMSW under the supervision of a LMSW; licensed  
psychologist; limited licensed psychologist under the supervision of a licensed  
psychologist; temporary limited licensed psychologist under the supervision of a licensed  
psychologist; post-doctoral education limited licensed psychologist under the supervision  
of a licensed psychologist; or certified counselor shall be onsite when counseling services  
are being offered.  
Page 22  
(4) A licensee shall ensure that any licensed counselor; limited licensed counselor  
under the supervision of a licensed counselor; LMSW; limited LMSW under the  
supervision of a LMSW; licensed psychologist; limited licensed psychologist under the  
supervision of a licensed psychologist; temporary limited licensed psychologist under the  
supervision of a licensed psychologist; post-doctoral education limited licensed  
psychologist under the supervision of a licensed psychologist; or certified counselor is not  
responsible for more than 65 recipients.  
History: 2018 AACS  
R 325.1383 Medication assisted treatment (MAT) services; requirements.  
Rule 1383. (1) An applicant or licensee shall employ a licensed counselor, LMSW,  
or licensed psychologist.  
(2) A licensee shall establish, maintain, and publicly post hours for counseling  
services.  
(3) A licensed counselor; limited licensed counselor under the supervision of a  
licensed counselor; LMSW; limited LMSW under the supervision of a LMSW; licensed  
psychologist; limited licensed psychologist under the supervision of a licensed  
psychologist; temporary limited licensed psychologist under the supervision of a licensed  
psychologist; post-doctoral education limited licensed psychologist under the supervision  
of a licensed psychologist; or certified counselor shall be onsite when counseling services  
are being offered.  
(4) A licensee shall ensure that any licensed counselor; limited licensed counselor  
under the supervision of a licensed counselor; LMSW; limited LMSW under the  
supervision of a LMSW; licensed psychologist; limited licensed psychologist under the  
supervision of a licensed psychologist; temporary limited licensed psychologist under the  
supervision of a licensed psychologist; post-doctoral education limited licensed  
psychologist under the supervision of a licensed psychologist; or certified counselor is not  
responsible for more than 65 recipients.  
(5) If a licensee does not provide methadone, the licensee may provide the required  
counseling services offsite through contractual services. Counseling through contractual  
services requires the licensee to comply with both of the following:  
(a) Have access to the counseling records, either through electronic health records or  
a copy of the counseling records onsite.  
(b) Identify the requirements set forth in subrules (1) and (4) of this rule in its contract  
with the contracted counseling service.  
(6) An applicant or licensee shall employ a medical director. If the medical director  
is not onsite during all hours of operation, then the licensee shall establish specific  
timeframes in which the medical director is required to be onsite.  
(7) During all hours that recipients are receiving medication, a licensee shall have  
onsite a physician, physician’s assistant, advanced practice registered nurse, registered  
professional nurse, or licensed practical nurse under the supervision of a registered  
professional nurse or physician.  
(8) The medical director, physician, physician’s assistant, or advanced practice  
registered nurse shall document that the recipient has been diagnosed with a substance use  
Page 23  
disorder. For methadone treatment, the recipient shall be diagnosed with a substance use  
disorder and have documented opioid use disorder for 1 year or more.  
(9) At the time of admission and prior to any medications being prescribed, the  
medical director, a physician, physician’s assistant, or advanced practice registered nurse  
shall complete and document the medical and drug history, as well as a physical  
examination, of the recipient. In addition, any modification to medications or course of  
treatment must be documented in recipient record and ordered by a physician, physician’s  
assistant, or advanced practice registered nurse.  
(10) Prior to treatment, a licensee shall provide a recipient, or a person acting on the  
recipient’s behalf, all available medical treatment options and FDA approved medications  
related to the recipient’s assessment, including all FDA approved forms of MAT, as well  
as the risks and benefits of each treatment option. The recipient record must contain a  
written document that the recipient has been informed of the risks and benefits of all  
treatment options, and the option selected by the recipient.  
(11) By days 30, 60, and 90 of treatment, and at least every 90 days thereafter, the  
medical director, a physician, physician’s assistant, or advanced practice registered nurse  
shall meet with the recipient to review recipient’s treatment plan, including a review of the  
counseling services progress notes, drug tests, and document the medical necessity for  
continued treatment in the program and any recommended adjustments to the treatment  
plan.  
(12) A licensee shall have onsite at all times the appropriate licensed health  
professional, as identified in the program assessment as required in R 325.1349.  
(13) A licensee shall have a policy and procedure for testing to determine the status  
of recipient’s drug use. Testing shall be conducted according to manufacturer’s guidelines.  
(14) A licensee shall perform and document the tests completed for opioids,  
benzodiazepine, methadone and methadone metabolites, buprenorphine and buprenorphine  
metabolites, barbiturates, amphetamines, cocaine, and other drugs on all recipients,  
according to all of the following:  
(a) For a new recipient to a program, the test results must be documented in the  
recipient record prior to the initial dosing.  
(b) Biweekly testing on a random collection schedule with results documented in the  
recipient record within 72 hours of collection, excluding weekends and holidays.  
(c) For a recipient who has maintained biweekly drug-free results for a period of 6  
months, monthly testing on a random collection schedule with results documented in the  
recipient record within 72 hours of collection, excluding weekends and holidays.  
(d) A positive test for drugs other than methadone and methadone metabolites,  
buprenorphine and buprenorphine metabolites, legally prescribed drugs, or medical  
marihuana, requires the licensee to perform weekly testing until 3 consecutive weekly  
drug-free results are documented.  
(e) A positive test for drugs other than methadone and methadone metabolites,  
buprenorphine and buprenorphine metabolites, legally prescribed drugs, or medical  
marihuana, requires the licensee to address and record all interventions in the recipient  
record.  
(15) A licensee shall have a policy and procedure to address when methadone take-  
home medications are appropriate for recipients and the frequency of take-home doses,  
Page 24  
including weekends and holidays. The policy and procedure shall address all of the  
following:  
(a) Eligibility to have take-home medication based on all of the following:  
(i) Absence of recent drug use, including opioid, non-narcotic, and alcohol.  
(ii) Absence of recent criminal activity.  
(iii) Absence of behavioral issues.  
(iv) Regular attendance.  
(v) That the rehabilitative benefit to the recipient derived from decreasing the  
frequency of clinic attendance outweighs the potential risks of diversion.  
(vi) Assurance that take-home medication will be safely stored within the recipient’s  
home and in a secure, locked medication dispenser.  
(b) If applicable, the number of allowed take-home doses for methadone, according  
to all of the following:  
(i) One take-home dose in a week for days 1 to 90 of treatment.  
(ii) Up to 2 take-home doses in a week for days 91 to 180 of treatment.  
(iii) Up to 3 take-home doses in a week for days 181 to 365 of treatment.  
(iv) Up to 4 take-home doses in a week for days 366 to 730 of treatment.  
(v) Up to 5 take-homes doses in a week for days 731 to 1,095 of treatment.  
(vi) Up to 6 take-home doses in a week for days 1,096 to 1,825 of treatment.  
(vii) Up to 2, 13 take-home doses in a month after day 1,826 of treatment.  
(c) Dispensing schedule and dosing procedure that identifies days that the program  
will be closed on the weekend and official state holidays.  
(16) A licensee shall have a policy and procedure for labeling take-home medications  
to include all of the following:  
(a) The name of the medication.  
(b) The program's name, address, and phone number.  
(c) Recipient name or code number.  
(d) Medical director's name.  
(e) Directions for use.  
(f) Date to be used.  
(g) A cautionary statement that the drug should be kept out of the reach of children.  
(17) A licensee shall have a policy and procedure to address withdrawal of a recipient  
from the program that includes all of the following:  
(a) Criteria for decreasing levels of medication and frequency of counseling.  
(b) Criteria for ending treatment when medication and counseling are no longer  
necessary.  
(c) Criteria for when medication and counseling is still necessary and the treatment  
at the program is being ended either voluntarily or involuntarily, including both of the  
following:  
(i) Documentation in recipient record of the reasons for voluntary or involuntary  
withdrawal from the program.  
(ii) Referral options to continue treatment at another program.  
History: 2018 AACS  
R 325.1385 Residential services; requirements.  
Page 25  
Rule 1385. (1) An applicant or licensee shall employ a full-time licensed counselor,  
LMSW, or licensed psychologist.  
(2) A licensee shall ensure that any licensed counselor; limited licensed counselor  
under the supervision of a licensed counselor; LMSW; limited LMSW under the  
supervision of a LMSW; licensed psychologist; limited licensed psychologist under the  
supervision of a licensed psychologist; temporary limited licensed psychologist under the  
supervision of a licensed psychologist; post-doctoral education limited licensed  
psychologist under the supervision of a licensed psychologist; or certified counselor is not  
responsible for more than 20 recipients.  
(3) A licensee shall have a trained staff member onsite during all hours of operation.  
(4) An applicant or licensee shall have a policy and procedure for the safety of the  
recipients to address recipients that leave and return to the residence. The policy and  
procedure shall identify methods for searching recipients and their possessions upon their  
return to the residence.  
(5) A licensee shall provide and ensure recipient participation in at least 15 hours per  
week of treatment and support and rehabilitation services to take place days, evenings, and  
weekends. At least 3 of the 15 hours must be treatment in the form of individual  
counseling, group counseling, social skills training, cognitive behavioral therapy,  
motivational interviewing, couples counseling, or family counseling for each recipient.  
Participation shall be documented in the recipient record.  
History: 2018 AACS  
Rule 325.1387 Residential detoxification; requirements.  
Rule 1387. (1) An applicant or licensee shall employ the equivalent of a full-time  
licensed counselor, LMSW, or licensed psychologist.  
(2) A licensee shall ensure that any licensed counselor; limited licensed counselor  
under the supervision of a licensed counselor; LMSW; limited LMSW under the  
supervision of a LMSW; licensed psychologist; limited licensed psychologist under the  
supervision of a licensed psychologist; temporary limited licensed psychologist under the  
supervision of a licensed psychologist; post-doctoral education limited licensed  
psychologist under the supervision of a licensed psychologist; or certified counselor is not  
responsible for more than 20 recipients.  
(3) An applicant or licensee shall employ a medical director.  
(4) A licensee shall have onsite during all hours of operation a physician, physician’s  
assistant, advanced practice registered nurse, registered professional nurse or licensed  
practical nurse under the supervision of a registered professional nurse or physician.  
(5) A physician, physician’s assistant, or advanced practice registered nurse shall  
review and assess each recipient every 72 hours after admission.  
(6) A licensee shall have a policy and procedure for recipient drug test.  
(7) A licensee shall perform an initial test for opioids, benzodiazepine, methadone  
and methadone metabolites, buprenorphine and buprenorphine metabolites, barbiturates,  
amphetamines, cocaine, and other drugs upon admission with results documented in the  
recipient record within 48 hours of collection.  
(8) At the time of admission and prior to any medications being prescribed or services  
offered, the medical director, a physician, physician’s assistant, or advanced practice  
Page 26  
registered nurse shall complete and document the medical and drug history, as well as a  
physical examination, of the recipient. In addition, any modification to medications or  
course of treatment must be documented in recipient record and ordered by a physician,  
physician’s assistant, or advanced practice registered nurse.  
(9) Prior to treatment, a licensee shall provide a recipient, or a person acting on the  
individual's behalf, all available medical treatment options and FDA approved medications  
related to the recipient’s assessment, including all FDA approved forms of MAT, as well  
as the risks and benefits of each treatment option. The recipient record must contain a  
written document that the recipient has been informed of the risks and benefits of all  
treatment options, and the option selected by the recipient.  
History: 2018 AACS  
R 325.1389 Inpatient services; requirements.  
Rule 1389. (1) An applicant or licensee shall employ the equivalent of a full-time  
licensed counselor, LMSW, or licensed psychologist.  
(2) A licensee shall ensure that any licensed counselor; limited licensed counselor  
under the supervision of a licensed counselor; LMSW; limited LMSW under the  
supervision of a LMSW; licensed psychologist; limited licensed psychologist under the  
supervision of a licensed psychologist; temporary limited licensed psychologist under the  
supervision of a licensed psychologist; post-doctoral education limited licensed  
psychologist under the supervision of a licensed psychologist; or certified counselor is not  
responsible for more than 20 recipients.  
(3) An applicant or licensee shall employ a medical director.  
(4) A licensee shall have an appropriate licensed health professional, based on the  
services offered, onsite during all hours of operation.  
(5) An inpatient program must be distinct and separate from other acute care units  
within the hospital.  
(6) A licensee shall maintain nursing care and other necessary medical resources.  
(7) A licensee shall conform to part 215 of the public health code, MCL 333.21501  
to 333.21571, and the applicable administrative rules.  
(8) Prior to treatment, a licensee shall provide a recipient, or a person acting on the  
individual's behalf, all available medical treatment options and FDA approved medications  
related to the recipient’s assessment, including all FDA approved forms of MAT, as well  
as the risks and benefits of each treatment option. The recipient record must contain a  
written document that the recipient has been informed of the risks and benefits of all  
treatment options, and the option selected by the recipient.  
History: 2018 AACS  
PART 5: RECIPIENT RIGHTS  
R 325.1391 Recipient rights.  
Rule 1391. A recipient shall have all of the following rights:  
Page 27  
(1) The right to appropriate services regardless of race, color, national origin, religion,  
sex, age, mental or physical handicap, marital status, sexual preference, sexual identity, or  
political beliefs.  
(2) The right to services without being deprived of any rights, privileges, or benefits  
guaranteed by state or federal law or by the state or federal constitutions.  
(3) The right to file grievances, recommend changes in program policies or services  
to the program staff, to governmental officials, or to another person within or outside the  
program without program interference.  
(4) The right to review, copy, or receive a summary of his or her program records,  
unless, in the judgment of the program director, this action will be detrimental to the  
recipient or to others for either of the following reasons:  
(a) Granting the request for disclosure will cause substantial harm to the relationship  
between the recipient and the program or to the program's capacity to provide services in  
general.  
(b) Granting the request for disclosure will cause substantial harm to the recipient.  
(5) If the program director determines that this action will be detrimental, the recipient  
shall be allowed to review nondetrimental portions of the record or a summary of the  
nondetrimental portions of the record. If a recipient is denied the right to review all or part  
of his or her record, the reason for the denial shall be stated to the recipient. An explanation  
of what portions of the record are detrimental and for what reasons shall be stated in the  
recipient record and shall be signed by the program director.  
(6) The right to receive services free from physical or mental abuse or neglect or sexual  
abuse from staff, including any of the following:  
(a) An intentional act by a staff member that inflicts physical injury upon a recipient  
or results in sexual contact with a recipient that includes the intentional touching of the  
recipient's intimate parts such as primary genital area, groin, inner thigh, buttock, or female  
breast or the intentional touching of the clothing covering the immediate area of the  
recipient's intimate parts, and if that intentional touching can reasonably be construed as  
being for the purpose of sexual arousal or gratification.  
(b) A communication made by a staff member to a recipient, the purpose of which is  
to curse, vilify, intimidate, or degrade a recipient or to threaten a recipient with physical  
injury.  
(c) A recipient suffers injury, temporarily or permanently, because the staff member  
or other person responsible for the recipient's health or welfare has been found negligent.  
(7) The right to review a written fee schedule in programs where recipients are  
charged for services. Policies on fees and any revisions of these policies shall be approved  
by the licensee and shall be recorded in the administrative record of the program.  
(8) The right to receive an explanation of his or her bill, regardless of the source of  
payment.  
(9) The right to information concerning any experimental or research procedure  
proposed as a part of his or her treatment or prevention services, and the right to refuse to  
participate in the experiment or research without jeopardizing his or her continuing  
services. A program shall comply with state and federal rules and regulations concerning  
research that involves human subjects.  
History: 2018 AACS  
Page 28  
R 325.1393 Treatment plan; specific recipient rights.  
Rule 1393. (1) A recipient shall be allowed to participate in the development of his  
or her treatment plan.  
(2) A recipient has the right to refuse treatment and to be informed of the  
consequences of that refusal. When a refusal of treatment prevents a program from  
providing services according to ethical and professional standards, the relationship with  
the recipient may be terminated by the licensee upon reasonable notice.  
(3) A recipient shall be informed if a program has a policy for discharging recipients  
who fail to comply with program rules and shall receive, at admission and thereafter upon  
request, a notification form that includes written procedures that explain all of the  
following:  
(a) The types of infractions that can lead to discharge.  
(b) Who has the authority to discharge recipients.  
(c) How and in what situations prior notification is to be given to the recipient who  
is being considered for discharge.  
(d) The mechanism for review or appeal of a discharge decision.  
(4) A copy of the notification form signed by the recipient shall be maintained in the  
recipient's case file.  
(5) A recipient shall have the benefits, side effects, and risks associated with the use  
of any medications fully explained in language that is understood by the recipient.  
(6) A recipient has the right to give prior informed consent, consistent with federal  
confidentiality regulations, for the use and future disposition of products of special  
observation and audiovisual techniques, such as 1-way vision mirrors, tape recorders,  
television, movies, or photographs.  
History: 2018 AACS  
R 325.1395  
Inpatient, residential, and residential detoxification programs;  
specific recipient rights.  
Rule 1395. (1) A recipient has the right to associate and have private communications  
and consultations with his or her licensed health professional, attorney, or person of his or  
her choice.  
(2) A program shall post its policy concerning visitors in a public place.  
(3) Unless contraindicated by program policy or individual treatment plan, a recipient  
is allowed visits from family members, friends, and other persons of his or her choice at  
reasonable times, as determined by the program director or according to posted visiting  
hours. A recipient shall be informed in writing of visiting hours upon admission to the  
program.  
(4) To protect the privacy of all other recipients, a program director shall ensure, to  
the extent reasonable and possible, that the visitors of recipients will see or have contact  
with only the individual they have reason to visit.  
(5) A recipient has the right to be free from physical and chemical restraints, except  
those authorized in writing by a physician, physician’s assistant, or advanced practice  
registered nurse for a specified and limited time. Written policies and procedures that set  
forth the circumstances that require the use of restraints and designate the program  
Page 29  
personnel responsible for applying restraints shall be approved in writing by a physician,  
physician’s assistant, or advanced practice registered nurse and shall be adopted by the  
licensee. Restraints may be applied in an emergency to protect the recipient from injury to  
self or others. The restraints shall be applied by designated staff. This action shall be  
reported immediately to a physician, physician’s assistant, or advanced practice registered  
nurse and shall be reduced to writing in the recipient record within 24 hours.  
(6) A recipient has the right to be free from doing work the program would otherwise  
employ someone else to do, unless the work and the rationale for its therapeutic benefit are  
included in program policy or in the treatment plan for the recipient.  
(7) A recipient has the right to a reasonable amount of personal storage space for  
clothing and other personal property. All of these items shall be returned to the recipient  
upon discharge from the program.  
(8) A recipient has the right to deposit money, earnings, or income in his or her name  
in an account with a commercial financial institution. A recipient has the right to get money  
from the account and to spend it or use it as he or she chooses, unless restricted by program  
policy or by the treatment plan for the recipient. A recipient has the right to receive all  
money or other belongings held for him or her by the program within 24 hours of discharge  
from the program.  
History: 2018 AACS  
R 325.1397 Program policy and procedures.  
Rule 1397. (1) An applicant or licensee shall have a policy and procedure to ensure  
compliance with recipient rights requirements. The policy and procedures shall be  
reviewed and documented annually and updated as necessary. The policy must address all  
of the following:  
(a) Identification of a staff member to function as the program’s rights advisor. If the  
rights advisor has other duties assigned, the policies and procedures must address how  
complaints are filed and investigated using other trained staff. The rights advisor shall do  
all of the following:  
(i) Attend training concerning recipient rights procedures.  
(ii) Receive and investigate all recipient rights complaints.  
(iii) Communicate directly with the regional entity employee designated for recipient  
rights when a complaint cannot be resolved at the program level.  
(b) Outline the method of filling recipient requests to review, copy, or receive a  
summary of recipient treatment or prevention service case records.  
(c) Provide simple mechanisms for notifying recipients of their rights, reporting  
apparent rights violations, determining whether in fact violations have occurred, and  
ensuring that firm, consistent, and fair remedial action is taken in the event of a violation  
of these rules.  
(2) Copies of recipient rights policies and procedures shall be provided to staff. Each  
staff member shall review the policies and procedures and shall sign a form that indicates  
that he or she understands and shall abide by the policies and procedures. A signed copy  
shall be maintained in the staff personnel file.  
(3) A program may choose to restrict specific rights of a recipient based on the  
program policies and procedures. These restrictions are permissible only when there is a  
Page 30  
documented therapeutic purpose and timeframe in the recipient’s record. A restriction shall  
not be for more than 30 days without being renewed in writing in the recipient record and  
shall be signed by a licensed health professional.  
(4) As part of the admission procedure to a program, a recipient shall receive all of  
the following:  
(a) If incapacitated, the procedures described in this subrule as soon as feasible, but  
not more than 72 hours after admission to an approved service program.  
(b) A written description of the recipient rights.  
(c) A written description of any restrictions of the rights based on program policy.  
(d) An oral explanation of the rights in language that is understood by the recipient.  
(e) A form that indicates that the recipient understands the rights and consents to  
specific restrictions of rights based on program policy. The recipient shall sign this form.  
A copy of the form shall be provided to the recipient and also become a part of the  
recipient's record.  
(f) A recipient rights complaint violation form shall be provided to the recipient after  
completing the consent form.  
(5) Rights of recipients shall be displayed on a poster provided by the department in  
a public area of all licensed programs. The poster shall indicate the program rights  
advisor's name and phone number.  
History: 2018 AACS  
R 325.1399 Recipient rights violations; complaints; procedures; remedies.  
Rule 1399. (1) A complaint of a recipient rights violation shall be made on a form  
provided by the department and shall be distributed to the recipient by the program.  
(2) When circumstances prevent completion of the procedures outlined in subrules  
(3) and (5) of this rule, the program rights advisor or the regional entity rights consultant  
shall submit a written report to the department stating the reasons for tardiness and the  
actions being taken to expedite completion of the procedures.  
(3) An initial complaint of a recipient rights violation shall be investigated by the  
program rights advisor, except in instances where the recipient requests that the initial  
complaint be reviewed by the regional entity rights consultant. The investigation shall be  
initiated within 10 working days of receipt of the complaint by the program rights advisor  
or the regional entity rights consultant.  
(4) A written report and recommended remedial actions, if any, shall be completed  
within 25 working days of receipt of the initial complaint. Copies of the report shall be  
submitted within 5 working days of completion to the complainant and the regional entity.  
This report shall serve as notice of the program rights advisor's final recommendation for  
resolution of the complaint.  
(5) Recommended remedial action shall include time limits for implementation. The  
regional entity rights consultant shall monitor the implementation of remedial actions  
recommended by the program rights advisor and shall notify the program rights advisor of  
situations where time limits appear unreasonably short or long or where unforeseen  
problems cause a delay in implementation of recommended remedial actions.  
(6) If a complainant is not satisfied with the program rights advisor’s findings,  
conclusions, recommended remedial action, or implementation of recommended remedial  
Page 31  
action, the complainant may appeal within 15 working days of receipt of the written report  
to the regional entity rights consultant on forms provided by the department and distributed  
to programs by the regional entity. Copies of these appeals shall be distributed to the  
complainant, the program, and the department within 5 working days of receipt of the  
appeal by the regional entity rights consultant.  
(7) An appeal received by the regional entity shall be reviewed by the regional entity  
rights consultant within 10 working days of receipt, unless the time limitation is waived in  
writing by the complainant. The regional entity rights consultant may hold an informal  
conference involving the complainant and the program director to determine the basis of  
the complaint and the position of the program.  
(8) If the regional entity rights consultant determines that the findings, conclusions,  
and recommended remedial action or implementation of recommended remedial action by  
the program resolves the problem that caused the complaint, this determination, including  
the rationale for the determination, shall be submitted in a written report to the complainant,  
the program, and the department within 15 working days of receipt of the appeal. This  
report shall serve as notice of the regional entity rights consultant's final recommendation  
for resolution of the complaint.  
(9) If the regional entity rights consultant determines that the findings, conclusions, and  
recommended remedial action or implementation of recommended remedial action by the  
program do not appear to resolve the problem that caused the complaint, or if the regional  
entity rights consultant feels the issues cannot be satisfactorily resolved at an informal  
conference, then the regional entity rights consultant shall initiate an investigation of the  
case within 15 working days of receipt of the appeal.  
(10) A written report and recommended remedial action to be implemented by the  
program director shall be completed by the regional entity rights consultant within 25  
working days of receipt of the appeal at the regional entity. Copies of the report shall be  
submitted within 5 working days of completion to the complainant and the program. This  
report shall serve as notice of the regional entity rights consultant's final recommendation  
for resolution of the complaint.  
(11) Any recommended remedial action shall include time limits for implementation  
and shall be evaluated by the regional entity rights consultant for its effectiveness in  
resolving the problem that caused the complaint.  
(12) The complainant may appeal, within 15 working days of receipt of the written  
report, to the department on a form provided by the department and distributed by the  
regional entity. The department shall distribute copies of the appeal to the program and  
regional entity within 5 working days of receipt. The department shall review the appeal  
within 10 working days of the receipt of the appeal. The department may hold an informal  
conference of concerned parties to explore the issues.  
(13) If the department concurs with the regional entity, the complainant shall be so  
notified within 15 working days of receipt of the appeal by the department. Such  
notification shall include the rationale for the decision. If the complainant is not satisfied  
with the decision of the department, the complainant shall also be informed that he or she  
may subsequently request from the department director a hearing under the administrative  
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. This request may be made  
in a letter to the director from the complainant within 15 working days of receipt of the  
notification from the department.  
Page 32  
(14) If the director decides to reinvestigate the case, the complainant shall be notified  
of this within 10 working days of receipt of the appeal. Copies of this notification shall be  
sent to the program rights advisor and to the regional entity rights consultant.  
(15) A written report of the investigation procedures, findings, and administrative or  
licensing action recommended to the department director and resulting from the  
department's investigation shall be completed within 25 working days of receipt of the  
appeal and shall be submitted to the director. Copies shall be distributed to the regional  
entity rights consultant and to the program rights advisor. Findings and recommended  
action shall be submitted to the complainant within 30 working days of receipt of the  
appeal.  
History: 2018 AACS  
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;