Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

REQUEST FOR RULEMAKING (RFR)

1. Department:

Licensing and Regulatory Affairs

2. Bureau:

Bureau of Professional Licensing

3. Promulgation type:

Full Process

4. Title of proposed rule set:

Public Health Code – General Rules

5. Rule numbers or rule set range of numbers:

R 338.7001 - R 338.7005

6. Estimated time frame:

12 months

Name of person filling out RFR:

Dena Marks

E-mail of person filling out RFR:

MarksD1@michigan.gov

Phone number of person filling out RFR:

517-335-3679

Address of person filling out RFR:

611 W. Ottawa St., Lansing Michigan

7. Describe the general purpose of these rules, including any problems the changes are intended

to address.

The Public Health Code General Rules are applicable to all professionals regulated under Article

15 of the Public Health Code.

The rule set establishes specific dates that a license or registration renewal period begins or ends

for licensees and registrations regulated by the Public Health Code.

The renewal period for Marriage and Family Therapy, Midwifery, Physician’s Assistants, Physical

Therapy, Respiratory Care, and Sanitarians will be changed from a 2-year renewal period to a 3-

year renewal period. The minimum English language standard rule will be reviewed to determine

if additional tests should be added to the approved list. All rules will be reviewed and, if needed,

revised to ensure they are up-to-date and for clarity.

8. Please cite the specific promulgation authority for the rules (i.e. department director,

commission, board, etc.).

The department has the authority to promulgate the rules.

A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).

MCL 333.16145, MCL 333.16194, MCL 333.16201, MCL 333.16221(e)(iv)(B), and Executive

Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, MCL 445.2001,

MCL 445.2011, and MCL 445.2030.

MCL 24.239

RFR-Page 2

B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please

explain.

MCL 333.16194 requires the department to prescribe the expiration dates for licenses and

registrations. The rules are not mandated by any constitutional provision.

9. Please describe the extent to which the rules conflict with or duplicate similar rules,

compliance requirements, or other standards adopted at the state, regional, or federal level.

The rules do not conflict with or duplicate similar rules, compliance requirements, or other

standards adopted at the state, regional, or federal level because there are no similar rules,

compliance requirements or other standards adopted that the state, regional or federal level.

10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,

instructional bulletin, form with instructions, or operational memoranda?

No.

11. Are the rules listed on the department’s annual regulatory plan as rules to be processed

for the current year?

Yes.

12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures

Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?

Full Process

13. Please describe the extent to which the rules exceed similar regulations, compliance

requirements, or other standards adopted at the state, regional, or federal level.

The proposed rules do not exceed similar regulations, compliance requirements, or other standards

adopted at the state, regional, or federal level.

14. Do the rules incorporate the recommendations received from the public regarding any

complaints or comments regarding the rules? If yes, please explain.

No.

15. If amending an existing rule set, please provide the date of the last evaluation of the rules

and the degree, if any, to which technology, economic conditions, or other factors have changed

the regulatory activity covered by the rules since the last evaluation.

The rules were last amended March 23, 2023.

Marriage and Family Therapy licensure is required under MCL 333.16909. Midwifery licensure is

required under MCL 333.17105. Physical Therapy licensure is required under MCL 333.17820.

Physician’s Assistants licensure is required under MCL 333.17011. Respiratory Care Licensure

is required under MCL 333.18707. Sanitarian registration is required under MCL 333.18411.

These licensed and registered professionals, and the associations representing them, have

requested that the renewal periods be changed from a 2- to a 3-year renewal period.

16. Are there any changes or developments since implementation that demonstrate there is no

continued need for the rules, or any portion of the rules?

No.

17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL

24.239(2))? If so, please attach the decision record.

MCL 24.239