DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
DIRECTOR’S OFFICE  
BEHAVIOR ANALYSTS - GENERAL RULES  
Filed with the secretary of state on December 7, 2021  
These rules take effect immediately upon filing with the secretary of state unless adopted  
under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA  
306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become  
effective 7 days after filing with the secretary of state.  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by sections 16145, 16148, 18257, and 18259 of the public health code, 1978 PA  
368, MCL 333.16145, 333.16148, 333.18257, and 333.18259, and Executive  
Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501,  
445.2001, 445.2011, and 445.2030)  
R 338.1801, R 338.1821, R 338.1823, R 338.1825, R 338.1827, R 338.1831,  
R 338.1833, and R 338.1835 of the Michigan Administrative Code are amended, and  
R 338.1824 and R 338.1832 are added, as follows:  
PART 1. GENERAL PROVISIONS  
R 338.1801 Definitions.  
Rule 801. (1) As used in these rules:  
(a) “BACB” means the Behavior Analyst Certification Board, or its successor.  
(b) “Board” means the Michigan board of behavior analysts created under section  
18255 of the code, MCL 333.18255.  
(c) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.  
(d) “Department” means the department of licensing and regulatory affairs.  
(2) A term defined in the code has the same meaning when used in these rules.  
PART 2. LICENSURE  
R 338.1821 Training standards for identifying victims of human trafficking;  
requirements.  
Rule 821. (1) Under section 16148 of the code, MCL 333.16148, an individual seeking  
licensure or registration or who is licensed or registered shall complete training in  
identifying victims of human trafficking that satisfies the following standards:  
(a) Training content shall cover all the following:  
July 9, 2021  
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(i) Understanding the types and venues of human trafficking in the United States.  
(ii) Identifying victims of human trafficking in health care settings.  
(iii) Identifying the warning signs of human trafficking in health care settings for  
adults and minors.  
(iv) Resources for reporting the suspected victims of human trafficking.  
(b) Acceptable providers or methods of training include any of the following:  
(i) Training offered by a nationally recognized or state-recognized health-related  
organization.  
(ii) Training offered by, or in conjunction with, a state or federal agency.  
(iii) Training obtained in an educational program approved for initial licensure or  
registration, or by a college or university.  
(iv) Reading an article related to the identification of victims of human trafficking  
that satisfies the requirements of subdivision (a) of this subrule and is published in a peer  
review journal, health care journal, or professional or scientific journal.  
(c) Acceptable modalities of training may include any of the following:  
(i) Teleconference or webinar.  
(ii) Online presentation.  
(iii) Live presentation.  
(iv) Printed or electronic media.  
(2) The department may select and audit a sample of individuals and request  
documentation of proof of completion of training. If audited by the department, an  
individual shall provide an acceptable proof of completion of training, including either of  
the following:  
(a) Proof of completion certificate issued by the training provider that includes the  
date, provider name, name of training, and individual’s name.  
(b) A self-certification statement by an individual. The certification statement must  
include the individual’s name and either of the following:  
(i) For training completed under subrule (1)(b)(i) to (iii) of this rule, the date, training  
provider name, and name of training.  
(ii) For training completed under subrule (1)(b)(iv) of this rule, the title of article,  
author, publication name of peer review journal, health care journal, or professional or  
scientific journal, and date, volume, and issue of publication, as applicable.  
(3) Under section 16148 of the code, MCL 333.16148, the requirements specified in  
subrule (1) of this rule apply for license renewals beginning with the 2023 renewal cycle  
and for initial licenses issued beginning January 7, 2024.  
R 338.1823 Application for license; qualifications.  
Rule 823. (1) In addition to satisfying the requirements of the code, the department  
shall issue a behavior analyst license to an applicant who satisfies all the following  
requirements:  
(a) Provides a completed application on a form provided by the department.  
(b) Pays the required fee to the department.  
(c) Has proof of current certification in good standing with the BACB.  
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(d) Has not been convicted of a listed offense under section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722. An applicant may request a hearing under  
section 16232 of the code, MCL 333.16232, if denied under this subdivision.  
(2) In addition to satisfying the requirements of the code, the department shall issue an  
assistant behavior analyst license to an applicant who satisfies all the following  
requirements:  
(a) Provides a completed application on a form provided by the department.  
(b) Pays the required fee to the department.  
(c) Has proof of current certification in good standing with the BACB.  
(d) Has not been convicted of a listed offense under section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722. An applicant may request a hearing under  
section 16232 of the code, MCL 333.16232, if denied under this subdivision.  
(e) Provides proof acceptable to the department that supervision will occur under a  
Michigan licensed behavior analyst in this state who is currently certified and in good  
standing with the BACB, and that the supervision satisfies current BACB supervision  
requirements.  
(3) An applicant who is or has been licensed, registered, or certified in a health  
profession or specialty by any other state, the United States military, the federal  
government, or another country shall disclose that fact on the application form. The  
applicant shall satisfy the requirements of section 16174(2) of the code, MCL 333.16174,  
which includes verification from the issuing entity showing that disciplinary proceedings  
are not pending against the applicant and sanctions are not in force at the time of  
application. If licensure is granted and it is determined that sanctions have been imposed,  
the disciplinary subcommittee may impose appropriate sanctions under section 16174(5)  
of the code, MCL 333.16174.  
R 338.1824 Application for license by endorsement; qualifications.  
Rule 824. (1) An applicant for a behavior analyst license by endorsement who satisfies  
the requirements of the code and this rule satisfies the requirements of section 16186 of  
the code, MCL 333.16186. The department shall issue a behavior analyst license to an  
applicant who satisfies all the following requirements:  
(a) Provides a completed application on a form provided by the department.  
(b) Pays the required fee to the department.  
(c) Holds a current behavior analyst license in another state or in a province of Canada.  
(d) Has proof of current certification in good standing with the BACB.  
(e) Has not been convicted of a listed offense under section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722. An applicant may request a hearing under  
section 16232 of the code, MCL 333.16232, if denied under this subdivision.  
(2) An applicant for an assistant behavior analyst license by endorsement who satisfies  
the requirements of the code and this rule satisfies the requirements of section 16186 of  
the code, MCL 333.16186. The department shall issue an assistant behavior analyst  
license to an applicant who satisfies all the following requirements:  
(a) Provides a completed application on a form provided by the department.  
(b) Pays the required fee to the department.  
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(c) Holds a current assistant behavior analyst license in another state or in a province  
of Canada.  
(d) Has proof of current certification in good standing with the BACB.  
(e) Has not been convicted of a listed offense under section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722. An applicant may request a hearing under  
section 16232 of the code, MCL 333.16232, if denied under this subdivision.  
(f) Provides proof acceptable to the department that supervision will occur under a  
Michigan licensed behavior analyst in this state who is currently certified and in good  
standing with the BACB, and that the supervision satisfies current BACB supervision  
requirements.  
(3) An applicant who is or has been licensed, registered, or certified in a health  
profession or specialty by any other state, the United States military, the federal  
government, or another country shall disclose that fact on the application form. The  
applicant shall satisfy the requirements of section 16174(2) of the code, MCL 333.16174,  
which includes verification from the issuing entity showing that disciplinary proceedings  
are not pending against the applicant and sanctions are not in force at the time of  
application. If licensure is granted and it is determined that sanctions have been imposed,  
the disciplinary subcommittee may impose appropriate sanctions under section 16174(5)  
of the code, MCL 333.16174.  
R 338.1825 Application for relicensure; qualifications.  
Rule 825. (1) An applicant may be relicensed within 3 years after the expiration date of  
the license under section 16201(3) of the code, MCL 333.16201, if the applicant satisfies  
all the following requirements:  
(a) Provides a completed application on a form provided by the department.  
(b) Pays the required fee to the department.  
(c) Has proof of current certification in good standing with the BACB.  
(d) Has not been convicted of a listed offense under section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722. An applicant may request a hearing under  
section 16232 of the code, MCL 333.16232, if denied under this subdivision.  
(e) Establishes good moral character as defined under sections 1 to 7 of 1974 PA 381,  
MCL 338.41 to 338.47.  
(f) If applying for relicensure as an assistant behavior analyst, provides proof  
acceptable to the department that supervision will occur under a Michigan licensed  
behavior analyst in this state who is currently certified and in good standing with the  
BACB, and that the supervision satisfies current BACB supervision requirements.  
(2) An applicant may be relicensed more than 3 years after the expiration date of the  
license under section 16201(4) of the code, MCL 333.16201, if the applicant satisfies all  
the following requirements:  
(a) Provides a completed application on a form provided by the department.  
(b) Pays the required fee to the department.  
(c) Has proof of current certification in good standing with the BACB.  
(d) Has not been convicted of a listed offense under section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722. An applicant may request a hearing under  
section 16232 of the code, MCL 333.16232, if denied under this subdivision.  
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(e) Establishes good moral character as defined under sections 1 to 7 of 1974 PA 381,  
MCL 338.41 to 338.47.  
(f) Provides fingerprints as required under section 16174(3) of the code, MCL  
333.16174.  
(g) If applying for relicensure as an assistant behavior analyst, provides proof  
acceptable to the department that supervision will occur under a Michigan licensed  
behavior analyst in this state who is currently certified and in good standing with the  
BACB, and that the supervision satisfies current BACB supervision requirements.  
(3) An applicant who is or has been licensed, registered, or certified in a health  
profession or specialty by any other state, the United States military, the federal  
government, or another country shall disclose that fact on the application form. The  
applicant shall satisfy the requirements of section 16174(2) of the code, MCL 333.16174,  
which includes verification from the issuing entity showing that disciplinary proceedings  
are not pending against the applicant and sanctions are not in force at the time of  
application. If licensure is granted and it is determined that sanctions have been imposed,  
the disciplinary subcommittee may impose appropriate sanctions under section 16174(5)  
of the code, MCL 333.16174.  
R 338.1827 Application for renewal of license; qualifications.  
Rule 827. (1) The department shall renew a behavior analyst license for a current  
licensee who satisfies all the following requirements:  
(a) Provides a completed application on a form provided by the department.  
(b) Pays the required fee to the department.  
(c) Has proof of current certification in good standing with the BACB.  
(d) Has not been convicted of a listed offense under section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722. An applicant may request a hearing under  
section 16232 of the code, MCL 333.16232, if denied under this subdivision.  
(2) The department shall renew an assistant behavior analyst license for a current  
licensee who satisfies all the following requirements:  
(a) Provides a completed application on a form provided by the department.  
(b) Pays the required fee to the department.  
(c) Has proof of current certification in good standing with the BACB.  
(d) Has not been convicted of a listed offense under section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722. An applicant may request a hearing under  
section 16232 of the code, MCL 333.16232, if denied under this subdivision.  
(e) Provides proof acceptable to the department that supervision will occur under a  
Michigan licensed behavior analyst in this state who is currently certified and in good  
standing with the BACB, and that the supervision satisfies current BACB supervision  
requirements.  
PART 3. STANDARDS OF PRACTICE  
R 338.1831 Certification; requirement.  
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Rule 831. A licensee shall keep active status certification with the BACB throughout  
the duration of the license cycle.  
R 338.1832 Telehealth.  
Rule 832. (1) A licensee shall obtain consent for treatment before providing a  
telehealth service under section 16284 of the code, MCL 333.16284.  
(2) A licensee shall keep proof of consent for telehealth treatment in the patient’s up-to-  
date medical record and follow section 16213 of the code, MCL 333.16213.  
(3) A licensee providing any telehealth service shall do both of the following:  
(a) Act within the scope of the licensee’s practice.  
(b) Exercise the same standard of care applicable to a traditional, in-person health care  
service.  
R 338.1833 Adoption of standards.  
Rule 833. The professional standards of the BACB are adopted by reference, as  
specified in the publication entitled “Ethical Code for Behavior Analysts,” effective  
January 1, 2022. The standards are available from the BACB’s website  
https://www.bacb.com/ethics-information/ethics-codes/ at no cost. Copies of the  
standards are available for inspection and distribution at the cost of 10 cents per page  
from the Board of Behavior Analysts, Bureau of Professional Licensing, Department of  
Licensing and Regulatory Affairs, 611 W. Ottawa Street, P.O. Box 30670, Lansing,  
Michigan 48909.  
R 338.1835 Permanent revocation; grounds; hearing.  
Rule 835. (1) Notwithstanding sections 16221, 16226, and 16245 of the code, MCL  
333.16221, 333.16226, and 333.16245, a licensee’s license shall be permanently revoked  
if convicted of a listed offense under section 2 of the sex offenders registration act, 1994  
PA 295, MCL 28.722, while licensed under this part.  
(2) A licensee may request a hearing under section 16232 of the code, MCL 333.16232,  
if revocation of the license occurs under subrule (1) of this rule.  
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