DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
GENETIC COUNSELING – GENERAL RULES
Filed with the secretary of state on March 23, 2023
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, 16174, 16201, 16204, 16287, 17091, 17092, and 17096
of the public health code, 1978 PA 368, MCL 333.16145, 333.16148, 333.16174,
333.16201, 333.16204, 333.16287, 333.17091, 333.17092, and 333.17096, 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 338.2455, R 338.2457, R 338.2461, R 338.2463, R 338.2465, R 338.2471, R 338.2473,
and R 338.2481 of the Michigan Administrative Code are amended, and R 338.2462 is
added, as follows:
PART 1. GENERAL PROVISIONS
R 338.2455 Telehealth.
Rule 155. (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 maintain proof of consent in the patient’s up-to-date medical record
and satisfy section 16213 of the code, MCL 333.16213.
(3) A licensee providing a telehealth service may prescribe a drug if the licensee is a
prescriber acting within the scope of the licensee’s practice and in compliance with
section 16285 of the code, MCL 333.16285, and if the licensee does both of the
following:
(a) Refers the patient to a provider that is geographically accessible to the patient, if
medically necessary.
(b) Makes himself or herself available to provide follow-up care services to the patient,
or to refer the patient to another provider, for follow-up care.
(4) A licensee providing any telehealth service shall do both of the following:
(a) Act within the scope of his or her practice.
(b) Exercise the same standard of care applicable to a traditional, in-person health care
service.
April 5, 2022