Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
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:  
Pharmacy - General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.471 – R 338.591  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Jennifer Shaltry  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
517-241-3085  
Address of person filling out RFR:  
611 W. Ottawa Street, 3rd Floor  
P.O. Box 30670  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Pharmacy – General Rules provide the licensing requirements and regulate the practice of  
pharmacists, pharmacies, manufacturers, wholesale distributors, and wholesale distributor-brokers.  
The rules will be amended to implement Sections 17724 and 17724a of the Public Health Code,  
MCL 333.17724 and 333.17724a, concerning pharmacists ordering and administering qualified  
immunizing agents and qualified laboratory tests. Further, all rules will be reviewed, updated, and  
revised for clarity as needed.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
MCL 24.239  
RFR-Page 2  
MCL 333.16141 authorizes the Department to promulgate rules to promote the effective and  
consistent administration of Article 15 of the Public Health Code. MCL 333.16145 authorizes the  
Board to promulgate rules necessary or appropriate to fulfill its functions as prescribed in Article  
15. MCL 333.16148 authorizes the Department to promulgate training standards for identifying  
victims of human trafficking. MCL 333.16204 authorizes the Board to promulgate rules for  
continuing education in pain and symptom management for licensure renewal if continuing  
education is a condition for license renewal. MCL 333.16287 authorizes the Department, in  
consultation with the Board, to promulgate rules to implement telehealth services. MCL  
333.17724 authorizes the Department, in consultation with the Board, to promulgate rules to  
implement the ordering and administration of a qualified immunizing agent by a pharmacist. MCL  
333.17724a authorizes the Department, in consultation with the Board, to promulgate rules to  
implement the ordering and administration of qualified laboratory tests by a pharmacist. MCL  
333.17731 authorizes the Department, in consultation with the Board, to promulgate rules  
requiring each applicant for license renewal to complete as part of the continuing education or  
proficiency examination requirement an appropriate number of hours or courses in pain and  
symptom management. MCL 333.17737 authorizes the Board to promulgate rules to establish  
standards for an internship program and participation therein by interns and preceptors. MCL  
333.17739 authorizes the Department, in consultation with the Board, to promulgate rules  
authorizing functions performed by a pharmacy technician in addition to those functions  
authorized under MCL 333.17739. MCL 333.17742a authorizes the Department, in consultation  
with the Board, to establish requirements for licensure for remote pharmacies. MCL 333.17744f  
authorizes the Board to promulgate rules to implement the dispensing of an emergency supply of  
insulin by a pharmacist. MCL 333.17746 authorizes the Board to promulgate rules concerning  
hospice medication box exchange programs. MCL 333.17748a authorizes the Department, in  
consultation with the Board, to promulgate rules regarding conditions and facilities for the  
compounding of nonsterile and sterile pharmaceuticals. MCL 333.17748e authorizes the  
Department, in consultation with the Board, to establish requirements for licensure as a wholesale  
distributor-broker. MCL 333.17754a authorizes the Department to establish by rule the  
requirements for obtaining a waiver from electronically transmitting a prescription, and authorizes  
the Department, in consultation with the Board, to promulgate rules to implement MCL  
333.17754a. MCL 333.17757 authorizes the Department, in consultation with the Board, to  
promulgate rules to implement price information, notice, and receipt requirements for prescription  
drugs. MCL 333.17767 authorizes the Board to promulgate rules necessary or appropriate to the  
licensing of pharmacists, drugs, dispensers, manufacturers, wholesale distributors, and wholesale  
distributor-brokers.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 333.16141; MCL 333.16145; MCL 333.16148; MCL 333.16174; MCL 333.16175; MCL  
333.16178; MCL 333.16182; MCL 333.16184; MCL 333.16186; MCL 333.16201; MCL  
333.16204; MCL 333.16205; MCL 333.16215; MCL 333.16287; MCL 333.17707; MCL  
333.17721; MCL 333.17722; MCL 333.17724; MCL 333.17724a; MCL 333.17731; MCL  
333.17737; MCL 333.17739; MCL 333.17742a; MCL 333.17742b; MCL 333.17744f; MCL  
333.17746; MCL 333.17748; MCL 333.17748a; MCL 333.17748b; MCL 333.17748e; MCL  
333.17751; MCL 333.17753; MCL 333.17754a; MCL 333.17757; MCL 333.17760; MCL  
333.17761; MCL 333.17767; MCL 333.17775; Executive Reorganization Order No. 1991-9,  
MCL 338.3501; Executive Reorganization Order No. 1996-2, MCL 445.2001; Executive  
Reorganization Order No. 2003-1, MCL 445.2011; and Executive Reorganization Order No. 2011-  
4, MCL 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 3  
The proposed rules are required by sections 16148, 16204, 16287, 17724, 17724a, 17731, 17737,  
17744f, 17748e, 17754a of the Public Health Code, MCL 333.16148, MCL 333.16204, MCL  
333.16287, MCL 333.17724, MCL 333.17724a, MCL 333.17731, MCL 333.17737, MCL  
333.17744f, MCL 333.17748e, MCL 333.17754a.  
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 Drug Supply Chain Security Act, (DSCSA) Public Law 113-54 and corresponding federal  
regulations include requirements to develop and enhance drug supply chain security. They  
establish a federal system for tracing prescription drug products through the pharmaceutical  
distribution supply chain and include product tracing requirements for entities in the drug supply  
chain, including manufacturers, repackagers, wholesale drug distributors, and pharmacies. They  
also require the Food and Drug Administration (FDA) to establish federal standards for licensing  
of wholesale drug distributors and third-party logistics providers. States may not regulate tracing  
that is inconsistent with, more stringent than, or in addition to the federal requirements. States are  
also preempted from establishing licensure requirements that are inconsistent with or below the  
minimum standards established by federal law for wholesale distributors and third-party logistics  
providers. The DSCSA and federal regulations require a wholesale drug distributor and third-party  
logistics provider to maintain licensure in the state from which the drug is distributed and in most  
cases the state into which the drug is distributed if those states have a licensure process. State  
licensure information including significant discipline must be reported to the FDA on an annual  
basis.  
The rules adopt the pharmaceutical compounding standards of the United States Pharmacopeia  
(USP), published by the United States Pharmacopeial Convention, and the regulations regarding  
good manufacturing practices for finished pharmaceuticals set forth in 21 CFR sections 211.1 to  
211.208 (1978). Some aspects of the practice of pharmacy, such as the labeling of prescription  
drugs, are regulated by the Federal Food, Drug, and Cosmetic Act of 2016, 21 USC sections 351  
to 399g and have been adopted by the rules.  
The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for  
Patients and Communities (SUPPORT) Act and corresponding Code of Federal Regulations, 42  
CFR 423, require electronic prescribing under Medicare Part D for Schedule II to V controlled  
substances and provide for exceptions to this requirement. Section 17754a of the Public Health  
Code, MCL 333.17754a, requires the Department to establish by rule the requirements for  
obtaining a waiver from electronically transmitting all prescriptions, including controlled  
substances. The rules provide for a waiver from electronic prescribing in certain circumstances.  
Most, but not all of the circumstances are consistent with the SUPPORT Act.  
Under the Controlled Substances Act, (CSA), 21 USC 801 et seq., the federal government  
regulates the practice of pharmacy with respect to controlled substances and chemicals used in the  
manufacture of controlled substances and requires pharmacies to register or self-certify with the  
Drug Enforcement Administration (DEA). A pharmacy must maintain a state license to obtain a  
DEA registration.  
Taking into consideration the federal laws and regulations referenced above, each state establishes  
its own requirements with respect to the licensing requirements of pharmacists, pharmacies,  
manufacturers of prescription drugs and devices (manufacturer), wholesale distributors of  
prescription drugs and devices (wholesale distributor), and wholesale distributor-brokers of  
prescription drugs and devices (wholesale distributor-broker). There are no other known laws,  
rules or other legal requirements that conflict with or duplicate the proposed rules.  
MCL 24.239  
RFR-Page 4  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
No. The subject matter of these rules is not currently contained in any guideline, handbook,  
manual, instructional bulletin, form with instructions, or operational memoranda.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules are not expected to 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.  
Yes. The Department works with various associations, pharmacies, lobbyists, and members of the  
public in preparing the proposed rules.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rules were last amended effective February 29, 2024. There have been no technological  
factors, economic conditions or other factors that would necessitate amendment of the rules.  
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.  
Yes  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;