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:  
Pharmacy - Pharmacist Continuing Education  
5. Rule numbers or rule set range of numbers:  
R 338.3041 - R 338.3045  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Jennifer Shaltry  
E-mail of person filling out RFR:  
ShaltryJ1@michigan.gov  
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 – Pharmacist Continuing Education rules provide the continuing education  
requirements for renewal of a pharmacist license. The rule changes will update the deadline for  
submitting a continuing education waiver request and modify the requirement for opioids and  
other controlled substances awareness training. 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 333.16145 authorizes the Board to promulgate rules necessary or appropriate to fulfill its  
functions under 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 333.17731 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.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 24.239  
RFR-Page 2  
MCL 333.16141, MCL 333.16145, MCL 333.16148, MCL 333.16184, MCL 333.16201, MCL  
333.16204, MCL 333.16205, MCL 333.17731, MCL 333.17767, 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.  
The proposed rules are required by sections 16148, 16204, and 17731 of the Public Health Code,  
MCL 333.16148, MCL 333.16204, and MCL 333.17731.  
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.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of these rules is not 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.  
None of the proposed rules 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.  
The Department works with various associations, educational institutions, pharmacies, and  
lobbyists 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 on June 26, 2023. 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  
MCL 24.239  
RFR-Page 3  
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  
;