DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
DIRECTOR’S OFFICE  
PUBLIC HEALTH CODE – DISCIPLINARY RULES  
(By authority conferred on the executive director of the department of licensing and  
regulatory affairs by section 33(3) of the administrative procedures act of 1969, 1969 PA  
306, MCL 24.233, section 16141 of the public health code, 1978 PA 368, MCL  
333.16141, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-  
4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)  
PART 1. GENERAL RULES  
R 338.1601 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1601a Definitions.  
Rule 1a. (1) As used in these rules:  
(a) “Board” means that term as defined in section 16103(1) of the public health  
code, 1978 PA 368, MCL 333.16103.  
(b) “Bureau” means the bureau of professional licensing.  
(c) “Code” means the public health code, 1978 PA 368, MCL 333.1101 to  
333.25211.  
(d) “Department” means the department of licensing and regulatory affairs.  
(e) “Disciplinary subcommittee” means that term as defined in section 16104(5) of  
the code, MCL 333.16104.  
(f) “Official record of the hearing,” includes those records required in section 86  
of the administrative procedures act of 1969, 1969 PA 306, MCL 24.286.  
(g) “Person” means that term as defined in section 1106(4) of the code, MCL  
333.1106.  
(h) “Respondent” means a person against whom an administrative complaint has  
been issued or filed.  
(i) “Surrendered” means the permanent relinquishment of a license or registration  
to practice a health profession by a licensee or registrant as a disciplinary sanction in lieu  
of or in resolution of further disciplinary proceedings.  
(j) “Task force” means that term as defined in section 16109(3) of the code, MCL  
333.16109.  
(2) Except as otherwise defined in these rules, the terms defined in the code have  
the same meaning when used in these rules.  
History: 2021 MR 8, Eff. Ap. 15, 2021.  
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R 338.1601b Disciplinary action; unlicensed or unregistered person.  
Rule 1b. An unlicensed or unregistered person is subject to disciplinary action  
without regard to whether that person becomes licensed or registered or whether the  
department knew of the violation when the license or registration was issued or  
reinstated.  
History: 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1602a Continuing duty to report name, address, or electronic mail  
address change.  
Rule 2a. In addition to complying with section 16192(1) of the code, MCL  
333.16192, a licensee or registrant whose license or registration has expired, lapsed, or  
been suspended, revoked, or surrendered must notify the department of a change of name,  
postal address, or electronic mail address within 30 days until the later of 1 of the  
following occurs:  
(a) Seven years after a change in license or registration status occurs.  
(b) Three years after all administrative complaints against the license or registration  
filed with the department have been closed.  
(c) The licensee or registrant is in full compliance with all final orders issued against  
the licensee or registrant.  
History: 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1602 Rescinded.  
History: 1996 AACS; 2015 AACS.  
PART 2. HISTORICAL RECORDS  
R 338.1603 Historical records.  
Rule 3. In addition to the information required to be maintained in the historical  
record of a licensee or registrant pursuant to section 16211 of the code, MCL 333.16211,  
the department may obtain and maintain all of the following in a licensee’s or registrant’s  
individual historical record:  
(a) Reports or information disclosed by a health facility or agency consistent with  
sections 20175 and 21515 of the code, MCL 333.20175 and 333.21515.  
(b) Reports, information, or a final order from a state department or agency.  
(c) Reports or information from a professional association or professional society.  
(d) Reports or information from a national practitioner databank.  
(e) Reports or information from the secretary of state’s office.  
(f) Reports or information related to prior allegations made against the licensee or  
registrant.  
(g) Reports or information from any federal, state, or local law enforcement agency.  
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(h) Reports, information, or a final order from any federal, state, or local court or  
other adjudicating body.  
(i) Reports or information related to the individual’s failure to satisfactorily  
participate in or complete a treatment plan under the health professional recovery  
program (HPRP).  
(j) For a period of 5 years following the individual’s successful completion of the  
HPRP, records pertaining to the individual’s participation in the HPRP, in compliance  
with section 16170a(3) of the code, MCL 333.16170a.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
PART 3. INVESTIGATIONS  
R 338.1604 Investigations.  
Rule 4. The department’s investigation conducted as required or permitted by  
section 16221 of the code, MCL 333.16221, may encompass possible violations other  
than those specifically identified when the investigation was initiated if the possible  
violations arise from the same conduct or incident described when the investigation was  
initiated.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1605 Rescinded.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1606 Rescinded.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1607 Rescinded.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
PART 4. PLEADINGS  
R 338.1607a Pleadings.  
Rule 7a. (1) Until a notice of hearing has been issued, all original pleadings and  
related attachments must be filed with the department or office of the attorney general as  
set forth in the administrative complaint or notice of compliance conference.  
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(2) After a notice of hearing has been issued, all original pleadings and any related  
attachments must be filed with the Michigan office of administrative hearings and rules  
as required in the notice of hearing. A copy of all original pleadings and any related  
attachments must be transmitted to all other parties listed on the notice.  
(3) An answer to an administrative complaint must be filed within 30 days from the  
date of receipt of the administrative complaint.  
(4) An amended administrative complaint may be filed 31 or more days before the  
hearing or at any time with leave from the administrative law judge. A respondent must  
be given a reasonable time to file an amended answer and to prepare a defense before  
hearing if the allegations in the administrative complaint are substantially amended.  
(5) All pleadings and any related attachments that are properly filed become a part  
of the official record of the hearing.  
History: 2021 MR 8, Eff. Ap. 15, 2021.  
PART 5. COMPLIANCE CONFERENCE, REQUEST FOR ADJOURNMENT,  
AND HEARING TO ESTABLISH AN OFFICIAL RECORD FOR  
DETERMINATION OF DISCIPLINARY ACTION  
R 338.1608 Compliance conference; request for adjournment; hearing to  
establish record for disciplinary action only.  
Rule 8. (1) The department may conduct a compliance conference held pursuant to  
section 16231(5) of the code, MCL 333.16231, informally and not as an evidentiary  
hearing. A licensee or registrant may submit a written statement before the date of the  
compliance conference.  
(2) A respondent may request and may be granted an adjournment of the  
compliance conference for good cause. As used in this subrule, “good cause” means that  
the respondent submitted a written request for adjournment to the department that  
provides legally sufficient grounds to warrant the adjournment, such as circumstances  
beyond the respondent’s control.  
(3) If the parties agree on all issues except the terms of the appropriate disciplinary  
action, the department must schedule a hearing to establish an official record for  
consideration by the disciplinary subcommittee of the appropriate board or task force in  
making its determination of the appropriate disciplinary action. The disciplinary  
subcommittee must consider the parties’ agreement and the official record of the hearing  
when determining the appropriate disciplinary action.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1609 Rescinded.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
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R 338.1610 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1611 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1612 Rescinded.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1614 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1615 Rescinded.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1616 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1617 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1618 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1619 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1620 Rescinded.  
History: 1996 AACS; 2015 AACS.  
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R 338.1621 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1622 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1623 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1624 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1625 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1626 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1627 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1628 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1629 Rescinded.  
History: 1996 AACS; 2015 AACS.  
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PART 6. FINAL ORDER, RECONSIDERATION OF FINAL ORDER,  
AND DUTY TO COMPLY WITH FINAL ORDER  
R 338.1630 Final order; remand for additional evidence; revisions to findings;  
majority vote required; department review.  
Rule 30. (1) If an agreement has been reached at an informal conference, the  
disciplinary subcommittee may accept the proposed disposition and enter a final order,  
suggest other terms, or require that administrative proceedings be commenced.  
(2) In a contested case, the disciplinary subcommittee, board, or task force may  
enter a final order after reviewing the official record of the hearing.  
(3) If the disciplinary subcommittee, board, or task force determines that additional  
testimony or evidence is necessary, it must issue an order remanding the case to the  
administrative law judge.  
(a) The order remanding the case to the administrative law judge must specify  
what witnesses, evidence, or questions are to be addressed on remand without limiting  
the witnesses or evidence the parties may present.  
(b) After the administrative law judge has held a hearing on the remanded matter,  
the administrative law judge must issue a proposal for decision on remand with findings  
of fact and conclusions of law to the disciplinary subcommittee, board, or task force  
having jurisdiction over the case.  
(4) The disciplinary subcommittee, board, or task force may make revisions to the  
findings of fact and conclusions of law based on the evidence in the official record of the  
hearing. The revision must specifically identify the findings of fact or conclusions of  
law, or both, being modified or rejected and identify the evidence from the official record  
of the hearing that supports the revision.  
(5) In its final order, a disciplinary subcommittee, board, or task force may adopt,  
modify, or reject, in whole or in part, the opinion or proposal for decision of the  
administrative law judge. If the disciplinary subcommittee, board, or task force modifies  
or rejects the opinion or proposal for decision, the reasons for that action must be stated  
in the final order.  
(6) Except as provided in section 16221(b)(x) of the code, MCL 333.16221, a  
disciplinary subcommittee must not rely on any prior final order in determining whether  
grounds for discipline exist in the case under consideration. In determining an  
appropriate disciplinary action, a disciplinary subcommittee, board, or task force may  
review any prior final order, and the underlying administrative complaint, that imposed  
disciplinary action on the applicant, licensee, or registrant.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1631 Request for reconsideration of a final disciplinary subcommittee,  
board, or task force order.  
Rule 31. (1) A person may file a written request for reconsideration of a final  
disciplinary subcommittee, board, or task force order.  
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(2) The bureau must receive the written request for reconsideration within 30  
calendar days after the effective date of the final order. The bureau must deny an  
untimely request.  
(3) The written request must state with specificity the material error claimed and the  
relief requested. A request for reconsideration that presents the same issues ruled on,  
either expressly or by reasonable implication, must not be granted.  
(4) A properly submitted request must be forwarded to the appropriate disciplinary  
subcommittee, board, or task force for reconsideration. A request for a modification of a  
consent order may only be granted after agreement by the parties.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1632 Duty to comply with final order.  
Rule 32. An applicant, licensee, or registrant must comply with a final order issued  
by a disciplinary subcommittee, board, or task force.  
History: 1996 AACS; 2021 MR 8, Eff. Ap. 15, 2021.  
PART 7. APPLICATION DENIAL, REQUEST FOR HEARING,  
SURRENDERED LICENSE  
R 338.1632a Denial of application; hearing; surrendered license or registration  
ineligible.  
Rule 32a. (1) If the department determines that an applicant for licensure,  
relicensure, license renewal, registration, reregistration, or registration renewal has not  
met the requirements for licensure or registration, the department must serve upon the  
applicant a notice of intent to deny (NOID) the application for licensure or registration.  
(2) An applicant may request a hearing to show that he or she has fulfilled the  
requirements for licensure or registration. The applicant’s request for a hearing must be  
filed within 30 days after a NOID is served on the applicant. If the applicant fails to  
request a hearing within 30 days of service, the NOID becomes a final order of the board,  
disciplinary subcommittee, or task force denying the application for licensure or  
registration.  
(3) The department may request that the attorney general prepare and present the  
grounds believed to support a denial of the application at the hearing.  
(4) An applicant who has previously surrendered a license or registration to practice  
in this state is ineligible to apply for licensure, relicensure, registration, or reregistration  
in the same profession.  
History: 2021 MR 8, Eff. Ap. 15, 2021.  
R 338.1633 Rescinded.  
Page 8  
History: 1996 AACS; 2015 AACS.  
R 338.1634 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1635 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1636 Rescinded.  
History: 1996 AACS; 2015 AACS.  
R 338.1637 Rescinded.  
History: 1996 AACS; 2015 AACS.  
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