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 the public health code, 1978 PA 368, 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, and 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, MCL 333.6230 to 333.6251.

(d) “Article 15” means article 15 of the public health code, MCL 333.16101 to

333.18838.

(e) “Certified counselor” means an individual who is employed or volunteers to work by

providing counseling to recipients, and who is certified as an alcohol and drug counselor

by an organization approved or recognized by the department.

(f) “Complaint investigation” means a visit or an inspection of a licensee based on a

complaint with an allegation of noncompliance or violation of the public health code, the

mental health code, or these rules.

(g) “Counseling services” means services that include behavioral health counseling by a

health professional as defined in these rules in a substance use disorder services program.

(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) “Evidence-based practice or services” means a practice or service offered by a licensee

based on a national or international medical professional association, public health agency,

governmental body, or accrediting organization document that is available to the

department on request.

(k) “Follow-up” means activities designed for a screening, assessment, referral, and

follow up program to determine the present status of individuals previously discharged by

the program.

(l) “Full-time” means employment of not less than 35 hours per week.

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(m) “License” means a license issued by the department under article 6 to establish,

conduct, or maintain a substance use disorder services program. License does not include a

program located in a facility operated by a local, state, or federal government, even if the

program is not owned or operated by a state or federal government.

(n) “Licensed counselor” means an individual engaged in counseling recipients in a

substance use disorder services program and who is licensed under part 181 of the public

health code, MCL 333.18101 to 333.18117, and providing services in compliance with the

scope of the individual’s license.

(o) “Licensed marriage and family therapist” or “LMFT” means an individual engaged

in counseling recipients in a substance use disorder services program and who is licensed

under part 169 of the public health code, MCL 333.16901 to 333.16915, and providing

services in compliance with the scope of the individual’s license.

(p) “Licensed master’s social worker” or “LMSW” means an individual engaged in

counseling recipients in a substance use disorder services program and who is licensed

under part 185 of the public health code, MCL 333.18501 to 333.18518, and providing

services in compliance with the scope of the individual’s license.

(q) “Licensed psychologist” means an individual engaged in the practice of psychology

of recipients in a substance use disorder services program and who is licensed under part

182 of the public health code, MCL 333.18201 to 333.18237, and providing services in

compliance with the scope of the individual’s license.

(r) “Licensee” means a person, as that term is defined by section 1106 of the public health

code, MCL 333.1106, that holds the license issued under article 6 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 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 visit to an applicant or licensee to evaluate compliance

with the public health code, the mental health code, or these rules.

(t) “Limited certified counselor” means an individual who is employed or who volunteers

to work providing counseling to recipients, and who has completed a minimum set of state-

approved requirements before completing the necessary prerequisites to become a certified

alcohol and drug counselor by an organization approved or recognized by the department.

(u) “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.

(v) “Mental health code” means the mental health code, 1974 PA 258, MCL 330.1001 to

330.2106.

(w) “Methadone program” means a substance use disorder services program engaged in

opioid treatment of an individual with an opioid agonist treatment medication registered

under 21 USC 823(g)(1), methadone.

(x) “Mobile unit” means a state-approved mobile unit assigned to a state-licensed

methadone program location. The state-licensed program is considered the parent

organization and provides supervision and administration of the mobile unit.

(y) “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.

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(z) “Pharmacist” means an individual licensed to engage in the practice of pharmacy

under article 15.

(aa) “Physician” means an individual licensed to engage in the practice of medicine or

the practice of osteopathic medicine and surgery under article 15.

(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 an agency designated by this state to coordinate substance

use disorder services in a specified region.

(ff) “Residential program” means a substance use disorder services program offering a

residential setting that is staffed and provides substance use disorder treatment or

rehabilitation services onsite.

(gg) “Residential withdrawal management program” means a substance use disorder

services program in a residential setting offering either clinically managed or medically

monitored withdrawal management services for the purposes of detoxification.

(hh) “Staff” means an individual who is not a recipient and who works, with or without

remuneration, for a licensed substance use disorder services program.

(ii) “Substance” means an agent or a chemical that, upon entering a human body, alters

the body's physical or psychological status, or both. Substance includes alcohol and other

drugs.

(jj) “Substance use disorder services program” or “program” means a non-governmental

or private individual or entity offering or purporting to offer substance use disorder

treatment and rehabilitation services that include methadone programs, residential

programs, and residential withdrawal management programs.

(kk) “United States Food and 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 AACS; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1302 Certified counselor; limited certified counselor.

Rule 1302. A certified counselor or a limited certified counselor may provide alcohol

or drug counseling to recipients in, but not limited to, a substance use disorder services

program licensed by the department under part 62 of the public health code, MCL

333.6230 to R 333.6251. A certified counselor or limited certified counselor who offers

alcohol counseling or drug counseling and who does not provide other counseling

services under any other circumstances is not licensed under part 181 of the code unless

otherwise provided by law.

History: 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

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PART 2: STATE AGENCY REQUIREMENTS

SUBPART A: LICENSING

R 325.1303 Application; licensing requirement; review process; licensure.

Rule 1303. (1) As authorized in article 6 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, change in business name, relocation of the program, addition or

deletion of service levels, or addition or deletion of a mobile unit, must be made on the

most recent applicable form authorized and provided by the department.

(2) An individual offering substance use disorder services shall be licensed under article

6, except as provided in subrule (3) of this rule.

(3) A license is not required for an individual licensed under article 15 to provide

psychological, medical, or social services if both of the following are met:

(a) The individual is offering psychological, medical, or social services within the scope

of the individual’s professional license and not under a group or organization offering

substance use disorder services.

(b) The individual is offering psychological or medical services and not providing

methadone treatment.

(4) If the application is incomplete and requires additional information, the department

shall notify an applicant in writing within 30 days after receipt of application. An

application is not considered 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.

(5) The department shall conduct a prelicensure survey and make a determination on an

application within 3 months after an application is considered complete. A prelicensure

survey is required for residential programs, residential withdrawal management programs,

and methadone programs. Only an application review is required for any other program.

(6) On determination of compliance with the public health code, the 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.

(d) Program service categories authorized are any of the following:

(i) Methadone program.

(ii) Residential program.

(iii) Residential withdrawal management program.

(7) The department shall conduct a post-licensure survey within 3 months after the initial

license is issued.

(8) A licensee shall post the license and the hours of operation of the program in a

conspicuous public area of the program.

(9) A license is not transferable.

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(10) A new license must be issued by the department before 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.; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1304 Application for mobile unit; requirements; review process; approval.

Rule 1304. (1) Before operation of a mobile unit, a licensee shall submit an application

for review and approval on the most recent applicable form authorized and provided by the

department.

(2) If an application is incomplete and requires additional information, the department shall

notify the licensee in writing within 45 days after receipt of the application.

(3) An application for a mobile unit must be approved if the mobile unit satisfies all of

the following requirements:

(a) The parent organization is a licensed methadone program.

(b) The mobile unit shall return each night to the licensed.

(c) The total number of mobile units does not exceed 3 for the parent organization.

(4) A licensee shall post the mobile unit license in a conspicuous area for public view.

(5) For purposes of these rules and all compliance purposes, a mobile unit is considered

part of the licensed site.

History: 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1305 License renewal process.

Rule 1305. (1) Renewal of a license must be completed through an electronic web-based

system authorized and provided by the department.

(2) A license is renewed and valid only on 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 before renewal.

(5) If a license is not renewed within 30 days after the expiration date, the license must

be closed. This closure of a license is not subject to appeal.

(6) A license cannot be renewed if the location has not offered the covered service within

the 12 months immediately preceding the renewal period.

History: 2018 AACS.; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1307 Licensure survey and complaint investigation process.

Rule 1307. (1) A prelicensure survey is scheduled and announced.

(2) All other licensure surveys and complaint investigations are unannounced.

(3) A licensure survey or complaint investigation may be conducted by the department

during any hours of operation of the program.

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(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.

(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 consider lack

of access or cooperation as evidence of noncompliance.

(6) The department may forego a licensure survey and conduct a desk review if the

circumstances do not require an on-site visit.

History: 2018 AACS.; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

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

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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 form,

facsimile, or other method provided for on the department’s website,

www.michigan.gov/lara.

(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.

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(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.

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, the 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.

(d) Disciplinary action, suspension, or revocation of the license issued under article 15

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, application, licensee, license, complainants, or complaint investigation.

History: 2018 AACS.; 2023 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

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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.

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

must take place at least 45 days after 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 after 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 after

the date of the notice of intent, the department may revoke or not renew the license. This

action on the license is 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 with 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.

(6) This rule does not apply when there is failure to renew a license under R 325.1305.

History: 2018 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1325 Order of summary suspension.

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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 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.

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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 or as

necessary, whichever is sooner. Reviews must 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 must include all of the following:

(a) Confidentiality.

(b) Recipient rights.

(c) Referrals, including access to medication-assisted treatment. The policy and

procedure must facilitate access to medication-assisted treatment if desired by the recipient.

(d) Admissions. This policy and procedure must include a consent for treatment that

outlines the benefits and risks of each treatment and rehabilitative service offered by the

program, other FDA-approved treatments not offered by the program, and the risk of no

treatment consistent with current clinical standards supported by national guidelines for

evidence-based practices.

(e) Discharge, including aftercare. This policy and procedure may not allow discharge of

a recipient due to a return to use as long as the recipient reengages in treatment and

complies with program policies and treatment protocol prospectively.

(f) Naloxone access. This policy and procedure must include protocol to offer a naloxone

kit to, at a minimum, all recipients with a history of opioid use or who are otherwise

determined to be at risk for overdose.

(g) Follow-up.

(h) Intake.

(i) Telehealth, telemedicine, or other communication modalities. This policy and

procedure must conform with applicable state and federal regulations on the use of

electronic information and telecommunication technologies to support or promote long-

distance clinical health care, patient and professional health-related education, public

health, or health administration.

History: 2018 AACS; 2023 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.

Page 11

(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.

(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 must 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 must 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

any licensure survey or complaint investigation.

History: 2018 AACS; 2023 AACS.

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R 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.

(c) Demographic data.

(d) Morbidity and mortality data.

(e) Volume of care provided to recipients from all payor sources.

(2) Before 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; 2023 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 must provide guidance on how to respond to emergency

situations that could impact the operation of the program, such as natural or man-made

disasters or other emergent situations. The emergency preparedness plan must include all

of the following components:

(a) A risk assessment.

(b) A written emergency response plan.

(c) Written policies and procedures that support the successful execution of the

emergency response plan.

(d) A written communication plan.

(e) A written training and testing plan.

History: 2018 AACS; 2023 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.

Page 13

(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.

(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 Compliance with other federal, state, and local statutes and

regulations.

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.

Page 14

(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.

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 assessment.

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 must 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 must 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,

or other leave. This subrule 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) A program that is licensed for residential and residential withdrawal management at a

single licensed site may share a licensed counselor, LMSW, or licensed psychologist, if

other staffing requirements are maintained.

History: 2018 AACS; 2023 AACS.

R 325.1351 Staff development and training.

Rule 1351. (1) An applicant or licensee shall establish a staff development and

training program that includes all of the following:

(a) Orientation for staff.

Page 15

(b) On-the-job training.

(c) In-service education.

(d) Opportunity for continuing job-related education.

(2) An applicant or licensee shall establish an in-service education program for all staff who

treat, monitor, or interact with a recipient for care issues at orientation and at regular intervals

as appropriate but at a minimum of every 3 years. The in-service education program must

include, at a minimum, all of the following:

(a) First aid and cardiopulmonary resuscitation (CPR).

(b) Training to identify signs and symptoms of a medical emergency.

(c) Training on potential medical risks associated with withdrawal from substances and

combinations of substances and appropriate acute interventions.

(d) Medication administration and monitoring, including monitoring of self-

administration of medications such as infusion and injection medications. If the program

has medical staff who are licensed to administer infusion and injection medications,

training must include administration and monitoring of infusion and injection medications.

(e) Emergency response protocols, including medical, psychiatric, and safety

emergencies.

(f) Signs and symptoms of intoxication and withdrawal, including seizures.

(g) Vital sign measurement and interpretation.

(h) Naloxone administration.

(3) An applicant or licensee shall establish an in-service education program for all staff

who treat, monitor, or interact with a recipient for care issues and management staff at

orientation and at regular intervals as appropriate but at a minimum of every 3 years. The

in-service education program must include, at a minimum, all of the following:

(a) Cultural competency and diversity.

(b) State and federal rules and regulations regarding confidentiality.

(c) Mandated reporting of suspected abuse and neglect.

(d) Assessment and management of intention to harm oneself or others.

(e) Individualized treatment.

(f) Recipient rights.

(4) An applicant or licensee shall maintain training records for each staff member.

History: 2018 AACS; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1353 Medical director.

Rule 1353. (1) An applicant or licensee for methadone or residential withdrawal

management 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 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.

Page 16

(b) Received 30 hours of continuing medical education and training accredited by the

Accrediting Council for Continuing Medical Education within 1 year after the date of hire

in addiction psychiatry or addiction medicine through continuing medical education

offered by the American Board of Medical Specialties, American Board of Preventative

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 counterparts of these organizations in

this state, or other national or state programs acknowledged and accepted by the

department.

(3) The medical director shall demonstrate ongoing accredited education related to

substance use disorders comprised of 30 hours every 3 years.

(4) The medical director is 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.

(5) A licensee shall maintain a staffing log that documents the dates and times when the

medical director and other physicians, physician assistants, and nurse practitioners under

the direction of the medical director are working at the licensed site location. A staffing

log must be retained for 1 year.

History: 2018 AACS; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

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 service 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.

History: 2018 AACS; 2023 AACS.

Page 17

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 therecipient.

(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.

(g) Copy of the complaint process.

(h) Copy of the recipients’ rights process.

(i) A notice listing the program’s policies and procedures that are available to view upon

request.

(2) A licensee shall update the recipient before any changes to the requirements set forth

in subrule (1) of this rule.

History: 2018 AACS; 2023 AACS.

R 325.1359 Support and referral services.

Rule 1359. (1) A licensee shall offer support services either onsite, via telehealth, or by

referral based upon its assessment of the service categories offered and recipient needs.

The assessment must address all of the following support services:

(a) Medication-assisted treatment if not offered on site.

(b) Support and rehabilitation services, including social, educational, and recreational.

(c) Job development and placement.

(d) Financial counseling.

(e) Legal counseling.

(f) 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; 2023 AACS.

SUBPART D: RECIPIENT AND ADMINISTRATIVE RECORDS

R 325.1361 Recipient records.

Rule 1361. (1) A licensee of a treatment and rehabilitation program shall keep and

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maintain a record for each recipient, including all of the following:

(a) Identification, including name, address, and birth date.

(b) History of substance use, including all of the following:

(i) Past substance use, including prescribed drugs.

(ii) Preferred substances.

(iii) Frequency of use.

(iv) History of overdose, withdrawal, or adverse drug or alcohol reactions.

(v) History of substance use disorder services received, including location and dates

services were received.

(vi) 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) Service plans.

(i) Progress notes.

(j) Notes and observations by other personnel providing care.

(k) Discharge from a program, record of discharge, discharge summary, transfer to

another program, or death documented within 14 days.

(l) Emergency contact information, including, but not limited to, guardian and durable

power of attorney contact information.

(m) Consent forms as required and appropriate.

(2) The recipient record for residential programs must include all of the following:

(a) Medical history and physical examination.

(b) Medication records that include the medication name, dose, route of administration, date,

time, and the individual who administered the medication.

(c) Documentation of the recipient’s ability to self-administer medications, as appropriate,

and a record of each incident when a staff member accepts or rejects a supply of recipient

medications filled by a non-program pharmacy or destroys discontinued, outdated, or

deteriorated recipient medications.

(3) The recipient record for residential withdrawal management or methadone must

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 that include the medication name, dose, route of administration, date,

time, and the individual who administered the medication.

(f) For residential withdrawal management programs, documentation of the recipient’s

ability to self-administer non-substance use disorder (SUD) treatment medications, as

appropriate, and a record of each incident when a staff member accepts or rejects a supply of

recipient medications filled by a non-program pharmacy or destroys discontinued, outdated,

or deteriorated recipient medications.

History: 2018 AACS; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

Page 19

R 325.1363 Service plan.

Rule 1363. (1) Based on the assessment made of a recipient's needs, a written service

plan, which may include both medical and counseling services, must be developed and

recorded in the recipient's record. A service plan must be developed by a licensed or

certified professional as referenced in these rules and as promptly after the recipient's

admission as feasible, but no later than either of the following:

(a) The conclusion of the next session attended by the recipient for counseling services.

(b) Twenty-four hours for methadone, residential, and residential withdrawal

management programs.

(2) A service plan must include the recipient’s signature agreeing to the plan and state

when updates are made.

(3) The service plan must comply with all of the following:

(a) Be individualized based on 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 counseling services 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, LMFT, limited LMFT

under the supervision of an LMFT, certified counselor, or limited certified counselor. This

subdivision does not preclude the use of other counseling services where licensing or

certification is not required.

(c) Include referrals for services that are not available in the program, such as referrals to

external providers or contractors to provide recipient services in the program or appropriate

transportation to an off-site location during the stay including for the administration of

infusion or injection medications.

(d) Contain objectives that the recipient will attempt to achieve, together with a realistic

time schedule for their achievement.

(4) Review of, and changes in, the service plan must 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, must also be recorded. A service plan must be reviewed at least once every 120

days by a licensed or certified professional as referenced in these rules, including the

service plans under a limited certified counselor.

History: 2018 AACS; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1365 Controlled substances and medication records.

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.

Page 20

(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; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

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 services.

(b) Incident records, including all instances of accidents, injuries, or deaths.

History: 2018 AACS; 2023 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 must be available for licensure survey

and review of content at any time by the department.

(2) Records must be maintained as confidential documents with 1 or more of the following

exceptions:

(a) Information required under these rules.

(b) Information required by law.

(c) Information authorized for disclosure by written release of the recipient or the

recipient’s designated representative.

History: 2018 AACS; 2023 AACS.

SUBPART E: SUPPLIES AND PHYSICAL PLANT

R 325.1373 Physical plant, supplies, equipment, and furnishings.

Page 21

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 and, if necessary, climate-controlled

storage and dispensing areas for controlled substances and medications.

(2) The policy and procedure must identify who and when authorized staff are allowed

access to secured and, if necessary, climate-controlled storage and dispensing areas and

when recipients are allowed access to dispensing area.

(3) The policy and procedure must be reviewed and documented annually by the program

director and updated as necessary.

History: 2018 AACS; 2026 MR 11, Eff. June 3, 2026.

PART 4: SPECIAL REQUIREMENTS BY SERVICE CATEGORIES

R 325.1377 Rescinded.

History: 2018 AACS; 2023 AACS.

R 325.1379 Rescinded.

History: 2018 AACS; 2023 AACS.

R 325.1381 Counseling service requirements.

Rule 1381. Counseling services must be based on a documented assessment of the

recipient's needs and a subsequent agreement between the recipient and the provider about

the services to be offered.

History: 2018 AACS; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

Page 22

R 325.1383 Methadone program requirements.

Rule 1383. (1) Methadone program services must be based on a documented assessment

of the recipient's needs and a subsequent agreement between the recipient and the provider

about the services to be offered.

(2) An applicant or licensee shall employ a licensed counselor, LMSW, licensed

psychologist, or LMFT.

(3) A licensee shall establish, maintain, and publicly post hours for counseling services.

(4) 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, LMFT, limited LMFT under the supervision of an LMFT,

certified counselor, or limited certified counselor under the supervision of a licensed or

certified individual listed in these rules shall be available to provide counseling services as

required in a recipient service plan.

(5) A licensee shall ensure that any licensed counselor, limited licensed counselor, LMSW,

limited LMSW, licensed psychologist, limited licensed psychologist, temporary limited

licensed psychologist, post-doctoral education limited licensed psychologist, LMFT, limited

LMFT, or certified counselor is not responsible for more than 65 recipients.

(6) A licensee shall ensure that a limited certified counselor is not responsible for more

than 32 recipients.

(7) 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 shall be onsite.

(8) 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.

(9) The medical director, physician, physician’s assistant, or advanced practice registered

nurse shall document that the recipient has been diagnosed with a substance use disorder.

(10) Before any medications are prescribed, the medical director, a physician, physician’s

assistant, or advanced practice registered nurse shall complete and document the medical

and drug history and physical examination of the recipient. In addition, any modification

to medications or course of treatment must be documented in the recipient record and

ordered by a physician, physician’s assistant, or advanced practice registered nurse.

(11) Within 30, 60, and 90 days of treatment, and not less than every 90 days thereafter,

the medical director, a physician, physician’s assistant, or advanced practice registered

nurse shall meet with the recipient to review the treatment to date and any recommended

adjustments to the service plan.

(12) A licensee shall comply with all requirements set forth in 42 CFR 8.

(13) A licensee shall document in the service plan the phase the recipient is in, including

short-term withdrawal management, long-term withdrawal management, or maintenance.

(14) A licensee shall have a policy and procedure for labeling take-home medications that

includes all of the following:

(a) The name of the medication.

Page 23

(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 by.

(g) A cautionary statement that the drug should be maintained out of the reach of children.

(15) 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 the 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; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1385 Residential program requirements.

Rule 1385. (1) Residential programs must be based on a documented assessment of a

recipient's needs and a subsequent agreement between the recipient and the provider about

the services to be offered.

(2) An applicant or licensee shall employ a full-time licensed counselor, LMSW, licensed

psychologist, or LMFT.

(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, LMFT, limited LMFT under the supervision of an LMFT,

certified counselor, or limited certified counselor under the supervision of a licensed or

certified individual listed in these rules must be available to provide counseling services as

required in recipient service plan.

(4) A licensee shall ensure that any licensed counselor, limited licensed counselor,

LMSW, limited LMSW, licensed psychologist, limited licensed psychologist, temporary

limited licensed psychologist, post-doctoral education limited licensed psychologist,

LMFT, Limited LMFT, or certified counselor is not responsible for more than 20

recipients.

(5) A licensee shall ensure that a limited certified counselor is not responsible for more

than 10 recipients.

(6) A licensee shall have at least 1 trained staff member onsite, during all hours of

operation, that meets the training requirements set forth in R 325.1351.

(7) 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

Page 24

procedure must identify methods for searching recipients and their possessions upon their

return to the residence.

(8) A licensee shall provide and ensure recipient participation in not less than 15 hours

per week of support services to meet the needs of the recipients. Not less than 10 of the 15

hours must be in the form of treatment or rehabilitation evidence-based practice or services.

Participation must be documented in the recipient record.

History: 2018 AACS; 2023 AACS.

R 325.1387 Rescinded.

History: 2018 AACS; 2023 AACS.

R 325.1388 Residential withdrawal management program requirements.

Rule 1388. (1) Residential withdrawal management programs must be based on a

documented assessment of the recipient's needs and a subsequent agreement between the

recipient and the provider about the services to be offered.

(2) A program offering clinically managed withdrawal management services shall offer

peer and social support services only and not offer or administer schedule II-V controlled

substances, as classified under 21 USC 812, for the management of withdrawal, including

methadone and buprenorphine.

(3) A program offering medically monitored withdrawal management services shall offer

medical and nursing care and may administer medications for the management of

withdrawal.

(4) A residential withdrawal management program shall meet all of the following

requirements:

(a) An applicant or licensee shall employ a medical director.

(b) Before treatment, a licensee shall provide a recipient, or a person acting on the

individual's behalf, information about all relevant, available medical treatment options

related to the recipient’s assessment, including relevant forms of medication-assisted

treatment, as well as the risks and benefits of each treatment option. The service plan must

contain a written document that the recipient has been informed of the risks and benefits

of all relevant treatment options, and identify the option selected by the recipient.

(c) A physician, physician’s assistant, or advanced practice registered nurse shall review

and assess each recipient upon admission and every 72 hours after the initial review and

assessment to determine if the recipient is suitable for the services being offered. If a

recipient is referred from a licensed acute care hospital, psychiatric unit, or hospital directly

to a licensed residential withdrawal management program, the transfer documentation,

including the health assessment from the transferring hospital, may be used as the initial

assessment for admission if all of the following are met:

(i) The transfer record must be reviewed and signed by the program’s physician,

physician assistant, or advanced practice nurse and documented in the recipient’s record

within 24 hours of admission.

(ii) The transfer record must be accessible in the recipient’s record at the time of

admission.

Page 25

(iii) The transfer record must include that the recipient was referred directly to a licensed

residential withdrawal management program.

(d) A licensee shall perform an initial test for opioids, benzodiazepine, methadone and

methadone metabolites, buprenorphine and buprenorphine metabolites, barbiturates,

amphetamines, cocaine, and other drugs based on a recipient assessment and local drug use

pattern and trends upon admission with results documented in the recipient service plan

within 48 hours after collection of that information.

(e) An applicant or licensee shall employ the equivalent of a full-time licensed counselor,

LMSW, licensed psychologist, LMFT, or certified counselor.

(f) 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, LMFT, limited LMFT under the supervision of an LMFT,

certified counselor, or limited certified counselor under the supervision of a licensed or

certified individual listed in these rules shall be available to provide counseling services as

required in the recipient service plan.

(g) A licensee shall ensure that any licensed counselor, limited licensed counselor,

LMSW, limited LMSW, licensed psychologist, limited licensed psychologist, temporary

limited licensed psychologist, post-doctoral education limited licensed psychologist,

LMFT, limited LMFT, or certified counselor is not responsible for more than 20 recipients.

(h) A licensee shall ensure that a limited certified counselor is not responsible for more

than 10 recipients.

(5) A residential withdrawal management program offering clinically managed

withdrawal management services shall also meet all of the following requirements:

(a) An applicant or licensee shall have a screening and referral protocol used by a

physician, physician’s assistant, or advanced practice registered nurse to identify and

transfer to a medically monitored program or other appropriate setting an individual who

meets any of the following:

(i) Is medically unstable.

(ii) Has a history of seizure disorder.

(iii) Has a history of alcohol, benzodiazepine, or other sedative withdrawal related

complications.

(iv) Has a blood pressure measurement above or below the program’s accepted range

for the individual.

(v) Has current suicidal ideations or attempted suicide in the past month.

(vi) Is pregnant.

(b) A licensee shall have on-call, 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. The

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 must be available to be onsite within 30 minutes of notification of an emergent

health concern.

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(c) A licensee shall have at least 1 trained staff member onsite, during all hours of

operation, that meets the training requirements set forth in R 325.1351(2).

(d) A licensee shall log all emergency transfers to another health facility, along with the

reason for transfer. These logs must be made available to the department as requested

during a survey or complaint investigation.

(6) A residential withdrawal management program offering medically monitored

withdrawal management services must also meet both of the following requirements:

(a) A licensee shall have a physician, physician’s assistant, or advanced practice

registered nurse complete and document the medical and drug history, as well as a physical

examination of the recipient, before administering any medications. In addition, any

modification to medications or course of treatment must be documented in the recipient

record and ordered by a physician, physician’s assistant, or advanced practice registered

nurse.

(b) 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.

History: 2023 AACS.

R 325.1389 Rescinded.

History: 2018 AACS; 2023 AACS.

PART 5: RECIPIENT RIGHTS

R 325.1391 Recipient rights.

Rule 1391. A recipient shall have all of the following rights:

(a) The right to appropriate services regardless of race, color, national origin, religion,

sex, age, mental or physical disability, marital status, sexual preference, sexual identity, or

political beliefs, as well as the use of a prescribed non-SUD medication for withdrawal

management, or a condition that can be self-managed, which includes, but is not limited

to, self-administering pharmacotherapy for hemophilia, or managed effectively by an

external provider.

(b) 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.

(c) The right to file grievances, recommend changes in program policies or services to

the program staff, governmental officials, or another individual within or outside the

program without program interference.

(d) The right to review, copy, or receive a summary of the individual’s 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:

(i) 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.

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(ii) Granting the request for disclosure will cause substantial harm to the recipient.

(e) The right to review nondetrimental portions of the record or a summary of the

nondetrimental portions of the record if the program director determines that the action

described under subdivision (d) of this subrule would be detrimental. If a recipient is denied

the right to review all or part of the individual’s record, the reason for the denial must be

stated to the recipient. An explanation of what portions of the record are detrimental and for

what reasons must be stated in the recipient record and signed by the program director.

(f) The right to receive services free from physical or mental abuse or neglect or sexual

abuse from staff, including any of the following:

(i) An intentional act by a staff member that inflicts physical injury on 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.

(ii) 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.

(iii) A recipient suffers injury, temporarily or permanently, because the staff member or

other individual responsible for the recipient's health or welfare has been found negligent.

(g) The right to review a written fee schedule in programs where recipients are charged

for services. Policies on fees and revisions of these policies must be approved by the

licensee and recorded in the administrative record of the program.

(h) The right to receive an explanation of the individual’s bill, regardless of the source of

payment.

(i) The right to information concerning any experimental or research procedure proposed

as a part of the individual’s treatment services, and the right to refuse to participate in the

experiment or research without jeopardizing the individual’s continuing services. A

program shall comply with state and federal rules and regulations concerning research that

involves human subjects.

History: 2018 AACS; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1393 Service plan; specific recipient rights.

Rule 1393. (1) A recipient shall be allowed to participate in the development of his or her

service 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 on reasonable notice.

(3) A recipient has the right to maintain an active ongoing non-SUD treatment prescribed

by a physician. A recipient may receive or self-administer appropriate medications,

including infusion or injection medications, as prescribed by a physician. If an individual

has documentation from a physician to self-administer prescribed medication, then the

recipient shall be allowed to self-administer. If a recipient cannot administer the

individual’s own medication, the program shall ensure that medication is administered by

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or under the supervision of personnel who are qualified and trained either from the facility

or through referral to an external provider. If a recipient has a physician order for a

medication that is part of an active, on-going non-SUD treatment plan and filled by an

outside pharmacy, the recipient shall be allowed to bring the medication into the program,

provided the facility’s medical staff can ensure the integrity of the prescription, and that

the medication is sealed, not tamper evident, and not expired.

(4) 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 on 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.

(5) A copy of the notification form signed by the recipient must be maintained in the

recipient's case file.

(6) The benefits, side effects, and risks associated with the use of any medications must

be fully explained to the recipient in language that is understood by the recipient.

(7) 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,

televisions, movies, or photographs.

History: 2018 AACS; 2023 AACS; 2026 MR 11, Eff. June 3, 2026.

R 325.1395 Residential and residential withdrawal management programs; specific

recipient rights.

Rule 1395. (1) In a residential and residential withdrawal management program, 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 an individual service 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 personnel

responsible for applying restraints must 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

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others. The restraints must be applied by designated staff. This action must be reported

immediately to a physician, physician’s assistant, or advanced practice registered nurse and

reduced to writing in the recipient record within 24hours.

(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 service 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 must 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 service 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; 2023 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

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.

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(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

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

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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.

(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.

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(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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