DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
DIRECTOR’S OFFICE  
PUBLIC HEALTH CODE – DISCIPLINARY RULES  
Filed with the secretary of state on February 23, 2022  
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 section 33(3) of the administrative procedures act of 1969, 1969 PA 306, MCL  
24.233, section 16141 of the public health code, 1978 PA 368, MCL 333.16141, 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 338.1601b, R 338.1602a, R 338.1604, R 338.1607a, and R 338.1630 of the Michigan  
Administrative Code are amended and R 338.1610 is added, as follows:  
PART 1. GENERAL RULES  
R 338.1601b Disciplinary action for conduct before licensure, registration,  
relicensure, or reregistration.  
Rule 1b. (1) A disciplinary subcommittee may take action against a licensee or  
registrant for conduct that occurred before the license or registration was issued without  
regard to whether the department knew of the violation when the license or registration  
was issued or reinstated.  
(2) If relicensure or reregistration is granted and it is determined that a sanction has  
been imposed by another state, the United States military, the federal government, or  
another country, the disciplinary subcommittee may impose appropriate sanctions under  
section 16174(5) of the code, MCL 333.16174.  
R 338.1602a Continuing duty to report name, address, or electronic mail address change;  
criminal convictions; duty to report license, registration, or certification in a health  
profession or specialty for relicensure or reregistration; disciplinary proceedings.  
Rule 2a. (1) In addition to complying with section 16192(1) of the code, MCL  
333.16192, a licensee or registrant whose license or registration has expired, lapsed, or  
been suspended, revoked, or surrendered must notify the department of a change of name,  
postal address, or electronic mail address within 30 days until the later of 1 of the  
following occurs:  
July 29, 2021  
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(a) Seven years after a change in license or registration status occurs.  
(b) Three years after all administrative complaints against the license or registration  
filed with the department have been closed.  
(c) The licensee or registrant is in full compliance with all final orders issued against  
the licensee or registrant.  
(2) In addition to complying with section 16222(3) of the code, MCL 333.16222, a  
licensee or registrant whose license or registration has expired or lapsed for 3 months or  
less shall notify the department of any criminal conviction within 30 days after the  
conviction.  
(3) In addition to complying with section 16222(3) of the code, MCL 333.16222, a  
licensee or registrant whose license or registration has been suspended, revoked, or  
surrendered for 6 months or less shall notify the department of any criminal conviction  
within 30 days after the conviction.  
(4) If a licensee or registrant applies for relicensure or reregistration, the applicant shall  
comply with both of the following:  
(a) Disclose each license, registration, or certification in a health profession or  
specialty issued by any other state, the United States military, the federal government, or  
another country on the application form.  
(b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, which  
include 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.  
PART 3. INVESTIGATIONS  
R 338.1604 Investigations.  
Rule 4. (1) The department may conduct a review of all allegations or historical  
records as necessary to determine if reasonable grounds for an investigation exists.  
(2) The department’s investigation conducted as required or permitted by the code may  
encompass possible violations other than those specifically identified when the  
investigation was initiated.  
PART 4. PLEADINGS  
R 338.1607a Pleadings.  
Rule 7a. (1) Until a notice of hearing has been issued, all original pleadings and related  
attachments must be filed with the department or office of the attorney general as set  
forth in the administrative complaint or notice of compliance conference.  
(2) After a notice of hearing has been issued, all original pleadings and any related  
attachments must be filed with the Michigan office of administrative hearings and rules  
as required in the notice of hearing. A copy of all original pleadings and any related  
attachments must be transmitted to all other parties listed on the notice.  
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(3) An answer to an administrative complaint must be filed within 30 days from the date  
of receipt of the administrative complaint.  
(4) An administrative complaint may be amended at any time. A respondent must be  
given a reasonable time to file an amended answer and to prepare a defense before  
hearing if the allegations in the administrative complaint are substantially amended.  
(5) All pleadings and any related attachments that are properly filed become a part of  
the official record of the hearing.  
PART 5. COMPLIANCE CONFERENCE, REQUEST FOR ADJOURNMENT, AND  
HEARING TO ESTABLISH AN OFFICIAL RECORD FOR DETERMINATION OF  
DISCIPLINARY ACTION, CEASE AND DESIST HEARING, FINAL ORDER, AND  
INFORMAL CONFERENCE  
R 338.1610 Cease and desist hearing request; final order; informal conference.  
Rule 10. (1) If an individual fails to request a hearing as permitted in section 16233(3)  
of the code, MCL 333.16233, within 30 days after the effective date of the cease and  
desist order, the order becomes a final order without further proceedings.  
(2) Either party may request that an informal conference be scheduled before the date  
scheduled for the hearing if the parties determine that a conference will assist in the  
resolution of the matter.  
PART 6. FINAL ORDER, RECONSIDERATION OF FINAL ORDER,  
AND DUTY TO COMPLY WITH FINAL ORDER  
R 338.1630 Final order; remand for additional evidence; revisions to findings; majority  
vote required; department review.  
Rule 30. (1) If an agreement has been reached at an informal conference, the  
disciplinary subcommittee may accept the proposed disposition and enter a final order,  
suggest other terms, or require that administrative proceedings be commenced.  
(2) In a contested case, the disciplinary subcommittee, board, or task force may enter a  
final order after reviewing the official record of the hearing.  
(3) If the disciplinary subcommittee, board, or task force determines that additional  
testimony or evidence is necessary, it shall issue an order remanding the case to the  
administrative law judge.  
(a) The order remanding the case to the administrative law judge must specify what  
witnesses, evidence, or questions are to be addressed on remand without limiting the  
witnesses or evidence the parties may present.  
(b) After the administrative law judge has held a hearing on the remanded matter, the  
administrative law judge shall issue a proposal for decision on remand with findings of  
fact and conclusions of law to the disciplinary subcommittee, board, or task force having  
jurisdiction over the case.  
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(4) The disciplinary subcommittee, board, or task force may revise the findings of fact  
and conclusions of law based on the evidence in the official record of the hearing. The  
revision must specifically identify the findings of fact or conclusions of law, or both,  
being modified or rejected and identify the evidence from the official record of the  
hearing that supports the revision.  
(5) In its final order, a disciplinary subcommittee, board, or task force may adopt,  
modify, or reject, in whole or in part, the opinion or proposal for decision of the  
administrative law judge. If the disciplinary subcommittee, board, or task force modifies  
or rejects the opinion or proposal for decision, the reasons for that action must be stated  
in the final order.  
(6) Except as provided in sections 7311(1)(b), 16221(b)(x), 16221(h), and 17768(2) of  
the code, MCL 333.7311, MCL 333.16221, and MCL 333.17768, a disciplinary  
subcommittee shall not rely on any prior final order in determining whether grounds for  
discipline exist in the case under consideration. In determining an appropriate  
disciplinary action, a disciplinary subcommittee, board, or task force may review any  
prior final order, and the underlying administrative complaint, that imposed disciplinary  
action on the applicant, licensee, or registrant.  
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