DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
BUREAU OF COMMUNITY AND HEALTH SYSTEMS  
NURSE AIDE, NURSE AIDE TRAINER, AND NURSE AIDE TRAINING  
PROGRAM, CERTIFICATE OF REGISTRATION AND PERMIT PROGRAM  
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 department of licensing and regulatory affairs by section  
21923 of the public health code, 1978 PA 368, MCL 333.21923)  
R 400.301, R 400.303, R 400.311, R 400.313, R 400.315, R 400.317, R 400.319, R  
400.320, R 400.321, R 400.323, R 400.325, R 400.327, R 400.329, R 400.331, R  
400.332, R 400.333, R 400.334, R 400.335, R 400.337, R 400.339, R 400.341, R  
400.343, R 400.345, R 400.347, R 400.349, R 400.351, R 400.352, R 400.353, R  
400.354, R 400.355, R 400.356, and R 400.357 are added to the Michigan Administrative  
Code, as follows:  
PART 1: GENERAL PROVISIONS  
R 400.301 Definitions  
Rule 301. (1) As used in these rules:  
(a) “Abuse” means the willful infliction of injury, unreasonable confinement,  
intimidation, or punishment with resulting physical harm, pain, or mental anguish. Abuse  
includes the deprivation by an individual, including a caretaker, of goods or services that  
are necessary to attain or maintain physical, mental, and psychological well-being.  
Instances of abuse of all patients, irrespective of any mental or physical condition, cause  
physical harm, pain, or mental anguish. Abuse includes verbal abuse, sexual abuse,  
physical abuse, and mental abuse including abuse facilitated or enabled through the use  
of technology. Verbal abuse occurs when an individual purposely uses negative or  
demeaning words directed at a resident. Willful means the individual must have acted  
deliberately, not that the individual must have intended to inflict injury or harm.  
(b) “Act” means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.  
(c) “Applicant” means a person applying to the department for a certificate or permit as  
provided in the act or these rules.  
(d) “Article 15” means article 15 of the act, MCL 333.16101 to 333.18838.  
(e) “Article 17” means article 17 of the act, MCL 333.20101 to 333.22260.  
(f) “Business day” means a day other than a Saturday, Sunday, or any legal holiday.  
April 27, 2022  
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(g) “Complaint” means an allegation that a person or program has violated the act or  
administrative rules promulgated under the act.  
(h) “Department” means the department of licensing and regulatory affairs.  
(i) “Health facility or agency” means that term as defined in section 20106 of the act,  
MCL 333.20106, except for an ambulance operation, aircraft transport operation, non-  
transport prehospital life support operation, medical first response service, or health  
maintenance organization.  
(j) “Misappropriation of resident property” means the deliberate misplacement,  
exploitation, or wrongful, temporary, or permanent use of a patient’s belongings or  
money without the resident’s consent.  
(k) “Neglect” means the failure of the nurse aide to provide goods and services to a  
patient that are necessary to avoid physical harm, pain, mental anguish, or emotional  
distress. Failure as used in the definition of neglect means the omission of required goods  
and services or the failure to provide the goods and services as required in a patient’s care  
documents.  
(l) “Physician” means an individual licensed to engage in the practice of medicine or the  
practice of osteopathic medicine and surgery under part 170 or 175 of the act, MCL  
333.17001 to 333.17097 and MCL 333.17501 to 333.17556.  
(m) “Proprietary school” means a school that provides training in a specific trade,  
occupation, or vocation and is required to be licensed by this state pursuant to the  
proprietary schools act, 1943 PA 148, MCL 395.101 to 395.103.  
(n) “Registered professional nurse” means an individual who is licensed to practice  
nursing pursuant to part 172 of the act, MCL 333.17201 to 333.17242.  
(o) “State approved testing program” means a competency evaluation as required by 42  
CFR 483.154.  
(p) “State permitted training program” means a nurse aide training and competency  
evaluation program as required by 42 CFR 483.151 and 483.152.  
(2) Unless otherwise specified, a term defined in the act has the same meaning when  
used in these rules.  
R 400.303 Compliance; local; state; federal; law; rule; regulation; standard.  
Rule 303. (1) An applicant or a certified nurse aide, permitted nurse aide trainer, and  
permitted nurse aide training program shall comply with applicable local, state, and  
federal laws, rules, regulations, and standards.  
(2) During review of an application or when conducting an inspection or complaint  
investigation, the department may use or request information or documentation of  
noncompliance from local, state, or federal authorities.  
(3) The department may only cite this rule if the local, state, or federal authority that has  
jurisdiction regarding the specific law, rule, regulation, or standard has found an  
applicant, a certified nurse aide, permitted nurse aide trainer, or permitted nurse aide  
training program to be non-compliant, in writing, and there is a need to protect the health,  
safety, and welfare of individuals receiving care or services in or from a certified nurse  
aide, permitted nurse aide trainer, or permitted nurse aide training program.  
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PART 2: CERTIFICATION OF NURSE AIDES  
SUBPART A: INITIAL APPLICATION REQUIREMENTS  
R 400.311 Application; nurse aide certification; requirements.  
Rule 311. (1) Before submitting an initial application to the department, an applicant for  
nurse aide certification shall successfully complete both of the following:  
(a) A state-approved training program.  
(b) A state-approved testing program.  
(2) The maximum number of state-approved testing attempts is 3. After 3 failed  
attempts an applicant shall successfully complete another nurse aide training program  
before re-testing.  
(3) An applicant shall successfully complete a state-approved testing program within 24  
months after completing the nurse aide training program.  
(4) Subrule (1) of this rule does not apply if an applicant meets either of the following:  
(a) Has an active nurse aide certificate issued by another state, is in good standing in  
that state, and that state’s training program is recognized by the department.  
(b) Has successfully completed a nurse aide training program in another state that is  
recognized by the department and the applicant has successfully completed this state’s  
approved testing program.  
(5) An applicant shall complete and submit the department-approved application form  
and pay the corresponding fee.  
SUBPART B: INITIAL APPLICATION REVIEW AND PROCESSING  
R 400.313 Application for nurse aide certification; processing; registry.  
Rule 313. (1) As authorized in article 17, an application for initial certification must be  
made on the most recent applicable form authorized and provided by the department. The  
department shall process a completed application within 30 calendar days.  
(2) An application is not considered complete by the department until both of the  
following are received:  
(a) Completed application form and required documents as identified in R 400.311.  
(b) Application fee.  
(3) If an application is not complete, the department shall notify the applicant of the  
deficiencies in the application within 30 days after receipt. The applicant has 30 days  
from the date of the notice by the department to submit the requested information. Failure  
to submit requested information will result in closure of the application.  
(4) In order to be certified, an applicant shall successfully complete a state-permitted  
training program and a state approved testing program within the previous 24 months.  
(5) Upon determination of compliance, the department shall issue a certificate that  
identifies all the following:  
(a) Name of the person.  
(b) Certificate number.  
(c) Expiration date.  
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(6) If a certificate is not issued, the department shall notify the applicant of the basis for  
not issuing a certificate. This action is not subject to an administrative appeal hearing.  
The applicant may resubmit an application correcting those items that resulted in the  
certificate not being issued.  
SUBPART C: CERTIFICATE DURATION AND RENEWAL  
R 400.315 Certificate duration; renewal process.  
Rule 315. (1) A certificate issued before the effective date of these rules will be renewed  
by the department to an effective date established by the department that will not exceed  
a 2-year period.  
(2) An initial or renewal certificate issued after the effective date of these rules is valid  
for 2 years unless otherwise specified on the certificate.  
(3) An application for an initial or renewal of a certificate must be completed on the  
most recent applicable form or through an electronic web-based system authorized and  
provided by the department.  
(4) The department shall renew a certificate when the individual submits all of the  
following:  
(a) Electronic payment of the fee.  
(b) An attestation that within the last 24-consecutive-month renewal period the  
individual worked a minimum of 40 hours as a certified nurse aide providing nursing or  
nursing-related services for monetary compensation.  
(c) Beginning not less than 12 months after the effective date of these rules, an  
attestation that the individual has completed at least 12 hours annually of continuing  
education within the renewal period.  
(5) Continuing education must ensure the continuing competence of the nurse aide and  
must include abuse, neglect, and care plan training.  
(6) The department has the authority to require additional information and  
documentation to verify information within this rule including, but not limited to, proof  
of employment and continuing education.  
SUBPART D: CERTIFIED NURSE AIDE REGISTRY  
R 400.317 Certified nurse aide registry.  
Rule 317. (1) The department shall maintain a registry system that includes all the  
following on any individual to whom a nurse aide certificate has been issued:  
(a) Name of the nurse aide.  
(b) Address of the nurse aide.  
(c) Date of birth of the nurse aide.  
(d) Social security number of the nurse aide.  
(e) Certificate number for the nurse aide.  
(f) Expiration date of the certificate.  
(g) Name of the state-permitted training program where the nurse aide completed  
training.  
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(h) Date of completion of the state-permitted training program where the nurse aide  
completed training.  
(i) Contact information for the certified nurse aide including, but not limited to,  
telephone numbers and email address.  
(2) The department may contract the daily operation and maintenance of the registry to a  
non-state entity. However, the state shall maintain accountability for overall operation of  
the registry and compliance with these regulations.  
R 400.319 Findings on nurse aide registry.  
Rule 319. The department shall place on the registry findings of abuse, neglect, or  
misappropriation of property. This information must be included in the registry within 10  
business days of the finding and must remain in the registry permanently, unless the  
finding was made in error, the individual was found not guilty in a court of law, or the  
department is notified of the individual's death.  
SUBPART E: NURSE AIDE REQUIREMENTS  
R 400.320 Nurse aide requirements.  
Rule 320. Once issued a certificate, a nurse aide shall do all of the following:  
(a) Practice only with a valid and active certificate.  
(b) Provide nursing or nursing-related services pursuant to facility policies and  
procedures, a patient plan of care or other related care plans, and other delegated duties  
unless superseded by a verifiable written or verbal order or direction from a licensed  
health care professional.  
(c) Provide nursing or nursing-related services free from abuse, neglect, or  
misappropriation of property.  
(d) Provide services and communications to a resident or residents with dignity and  
respect.  
(e) Cooperate with the department in an investigation.  
(f) Not financially exploit a resident and not have any financial relationship with a  
resident, unless a familial relationship exists. A nurse aide shall not accept, take, or  
borrow money, possessions, or valuables from a resident, even with the consent of the  
resident.  
(g) Update the department within 30 calendar days after a name or address change.  
PART 3: PERMIT FOR NURSE AIDE TRAINERS  
SUBPART A: INITIAL APPLICATION REQUIREMENTS  
R 400.321 Application; nurse aide trainer permit; requirements.  
Rule 321. (1) Before submitting an initial application to the department, an applicant for  
a nurse aide trainer permit shall meet all of the following requirements:  
(a) Have a valid registered professional nurse license in this state.  
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(b) Have 2 years of nursing experience as a registered professional nurse within the last  
5 years immediately preceding the application.  
(c) Have 1 year of nursing experience as a registered professional nurse in a long-term  
care facility or experience in a setting that provides skilled nursing care and related  
services to individuals that require non-hospital residential medical, nursing, or  
rehabilitative services. Long-term care facilities may include, but are not limited to,  
nursing homes, hospital long-term care units, county medical care facilities, homes for  
the aged, assisted living facilities, hospices, and other like provider types serving an aged  
population. Other like provider types can be accepted at the discretion of the department.  
(d) Completed a course in teaching adults as evidence by a certificate of completion or  
have experience in teaching adults or supervising nurse aides as evidence by employment  
documentation or self-attestation.  
(2) An applicant shall complete and submit a department-approved application form and  
pay the corresponding fee.  
(3) As used in this rule, a minimum of 1,600 hours is required to meet 1 year of nursing  
experience as a registered professional nurse. An applicant shall provide documentation  
to verify the hours worked or provide a self-attestation affirming the hours worked.  
SUBPART B: INITIAL APPLICATION REVIEW AND PROCESSING  
R 400.323 Application for nurse aide trainer permit; processing.  
Rule 323. (1) As authorized in article 17, an application for an initial permit must be  
made on the most recent applicable form authorized and provided by the department. The  
department shall process a completed application within 30 calendar days.  
(2) An application is not considered complete by the department until both of the  
following are received:  
(a) Completed application form and required documents as identified in R 400.321.  
(b) Application fee.  
(3) If an application is not complete, the department shall notify the applicant of the  
deficiencies in the application within 30 calendar days of after receipt. The applicant has  
30 calendar days from the date of the notice by the department to submit the requested  
information. Failure to submit requested information will result in closure of the  
application.  
(4) Upon determination of compliance, the department shall issue a permit that  
identifies all of the following:  
(a) Name of the person.  
(b) Permit number.  
(c) Expiration date of permit.  
(5) If a permit is not issued, the department shall notify an applicant of the basis for  
denial. Denial of an application is not subject to an administrative appeal hearing. The  
applicant may resubmit an application correcting those items that resulted in the  
certificate not being issued.  
SUBPART C: PERMIT, DURATION AND RENEWAL  
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R 400.325 Permit duration; renewal process.  
Rule 325. (1) A permit issued before the effective date of these rules will be renewed by  
the department to an effective date established by the department that will not exceed a 2-  
year period.  
(2) An initial permit issued after the effective date of these rules is good for 2 years  
unless otherwise specified on the permit.  
(3) A renewed permit is good for 2 years.  
(4) The renewal of a permit must be completed on the most recent applicable form or  
through an electronic web-based system authorized and provided by the department.  
(5) The department shall renew a permit when the individual submits an electronic  
payment and submits proof of a valid registered professional nurse license.  
(6) The department has the authority to require additional information and  
documentation to verify information within this rule including, but not limited to, proof  
of licensure.  
(7) If a permit is not renewed within 30 days after the expiration date, the permit is null  
and void. A permit holder who did not renew within 30 days after the expiration date  
must apply for a new permit and follow the initial application process. Pursuant to section  
21915(2) of the act, MCL 333.21915, the permit holder shall not offer services until the  
permit is renewed or a new permit is issued.  
SUBPART D: NURSE AIDE TRAINER PERMITTING SYSTEM  
R 400.327 Nurse aide trainer permitting system; requirements.  
Rule 327. The department shall maintain a permitting system that includes all of the  
following:  
(a) Name of trainer.  
(b) Address of trainer.  
(c) Permit number for the trainer.  
(d) Expiration date of the permit for the trainer.  
(e) Contact information for the trainer including, but not limited to, telephone number  
and email address.  
SUBPART E: NURSE AIDE TRAINER REQUIREMENTS  
R 400.329 Nurse aide trainer requirements.  
Rule 329. Once issued a permit, a nurse aide trainer shall do all of the following:  
(a) Maintain an active nursing license that is in good standing.  
(b) Instruct only with a valid, active permit.  
(c) Cooperate with the department during any inspection or complaint investigation.  
(d) Update the department within 30 days after a name, address, or licensure status  
change.  
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PART 4: PERMIT FOR NURSE AIDE TRAINING PROGRAMS  
SUBPART A: INITIAL APPLICATION REQUIREMENTS  
R 400.331 Application; fee; form; nurse aide training program; permit; proprietary  
school.  
Rule 331. (1) Before submitting an initial application to the department, an applicant for  
a nurse aide training program permit that is a proprietary school shall possess a  
proprietary school license.  
(2) An applicant shall complete and submit the department approved application form  
and pay the corresponding fee.  
SUBPART B: INITIAL APPLICATION REVIEW, PROCESSING, AND DISPLAY  
R 400.332 Application; nurse aide training program permit; processing; display.  
Rule 332. (1) As authorized in article 17, an application for initial permit must be made  
on the most recent applicable form authorized and provided by the department. The  
department shall process a completed application within 30 calendar days.  
(2) An application is not considered complete by the department until both of the  
following are received:  
(a) Completed application form and required attachments.  
(b) Application fee.  
(3) If an application is not complete, the department shall notify the applicant of the  
deficiencies in the application within 30 calendar days after receipt. The applicant has 30  
calendar days from the date of the notice by the department to submit the requested  
information. Failure to submit requested information will result in closure of the  
application.  
(4) The department shall conduct a pre-permit survey within 60 calendar days after an  
application being deemed complete. If the pre-permit survey identifies deficiencies, the  
department has 30 days to submit a report to the applicant and the applicant has 30 days  
to correct the deficiencies. The department will resurvey or conduct a desk review, as  
applicable, within 30 days after the applicant’s identified corrective date.  
(5) Upon determination of compliance, the department shall issue a permit that  
identifies all of the following:  
(a) Name of the entity.  
(b) Business name of the training program.  
(c) Physical address of the training program.  
(d) Type of training program.  
(e) Permit number.  
(f) Expiration date.  
(6) A permit is not transferable and must state the entity, buildings, and properties to  
which it applies. A permit is for a single address location. If there is a change in  
ownership or location, a new initial application must be submitted to the department at  
least 90 days before the change, and the change cannot take effect until approved by the  
department.  
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(7) The nurse aide training program shall post in a conspicuous public area the original  
program permit and the original or copy of a permit of any nurse aide trainer used by the  
program.  
(8) If a permit is not issued, the department shall notify an applicant of the basis for  
denial. Denial of a permit is not subject to an administrative appeal hearing. The  
applicant may resubmit an application correcting those items that resulted in the permit  
not being issued.  
SUBPART C: PERMIT, DURATION, RENEWAL  
R 400.333 Permit duration; renewal process.  
Rule 333. (1) A permit shall be renewed before August 1 of each even numbered  
calendar year unless otherwise specified on the permit.  
(2) An initial permit issued after the effective date of these rules is good for 2 years  
unless otherwise specified on the permit.  
(3) A renewed permit is good for 2 years.  
(4) The renewal of a permit must be completed on the most recent applicable form or  
through an electronic web-based system authorized and provided by the department.  
(5) The department shall renew a permit when the program submits an electronic  
payment.  
(6) The department has the authority to require additional information and  
documentation to verify information within this rule.  
(7) If a permit is not renewed within 30 days after the expiration date, the permit is null  
and void. A permit holder who did not renew within 30 days after the expiration date  
must apply for a new permit and follow the initial application process. Pursuant to section  
21915(2) of the act, MCL 333.21915, the permit holder shall not offer services until the  
permit is renewed or a new permit is issued.  
SUBPART D: NURSE AIDE TRAINING PROGRAM PERMITTING SYSTEM  
R 400.334 Nurse aide training program; permitting system; requirements.  
Rule 334. The department shall maintain a nurse aide training program permitting  
system that includes all the following:  
(a) Name of program.  
(b) Owner of program.  
(c) Address of program.  
(d) Permit number for the program.  
(e) Expiration date of the permit for the program.  
(f) List of permitted nurse aide trainers in the program.  
(g) List of supplemental instructors in the program.  
(h) A list of active programs.  
(i) Contact information for the program including, but not limited to, authorized  
representative, telephone numbers, and email address.  
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SUBPART E: NURSE AIDE TRAINING PROGRAM REQUIREMENTS  
R 400.335 Program requirements.  
Rule 335. (1) Once issued a permit, a nurse aide training program shall do all of the  
following:  
(a) Provide sufficient permitted nurse aide trainers to meet the needs of the nurse aide  
candidates during classroom, laboratory, and clinical hours.  
(b) Provide a permitted nurse aide trainer during classroom hours.  
(c) Provide a permitted nurse aide trainer onsite and engaged during laboratory and  
clinical hours.  
(d) Provide a course consisting of 16 classroom hours, 16 clinical hours, and any  
combination of 43 classroom, laboratory, or clinical hours, for a total of 75 hours of  
training. A minimum of 16 classroom hours are required before the student’s direct  
contact with a resident. Clinical and laboratory hours must be done in-person, but  
classroom hours may be in-person or virtual. If a virtual classroom is used, there must  
be a mechanism or method for student feedback and interaction with a nurse aide trainer.  
(e) Classroom, laboratory, and clinical hours must be documented and available to the  
department upon request.  
(f) Comply with the curriculum of the state-permitted training program requirements  
listed in 42 CFR 483.152(b) and the state-approved training program curriculum.  
(g) Maintain a physical and social environment that is conducive to learning.  
(h) Update its information as to any changes to name or address or closures within 30  
calendar days after the change.  
(i) Maintain a proprietary education license if a training program is a proprietary  
education program.  
(j) Provide, upon request, the program’s policy and procedure describing how a student  
can transfer into or from the program to or from another nurse aide training program. The  
policy and procedure may prohibit transferring to the program.  
(2) A nurse aide training program may utilize a supplemental instructor to assist a  
permitted nurse aide trainer if the supplemental instructor is a licensed health professional  
with 1 year of experience in the field that he or she is licensed in and under the  
supervision of a permitted nurse aide trainer.  
SUBPART F: INSPECTIONS AND EVALUATION OF NURSE AIDE TRAINING  
PROGRAMS  
R 400.337 Inspection and evaluation process.  
Rule 337. (1) A pre-permit inspection must be scheduled and announced. All other  
permit inspections may be unannounced.  
(2) An inspection may be conducted by the department during any hours of operation of  
the permitted nurse aide training program.  
(3) An applicant or permitted program shall provide access to the program area and  
relevant documents that are required to be maintained for the department to evaluate  
compliance with the act and these rules. Documents may include, but are not limited to,  
scores of each candidate enrolled in the program.  
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(4) The department shall conduct an inspection of the program at least once every 2  
years.  
(5) The department shall issue a report to the provider of the findings of the inspection  
within 60 days after the inspection.  
(6) During an inspection or evaluation process, failure to allow access to the program  
area or failure to have authorized staff available during the identified hours of operations  
is a violation of the act and these rules and the department shall enforce 42 CFR  
483.151(f).  
R 400.339 Plan of correction.  
Rule 339. (1) If a deficient practice is identified by the department, either through an  
inspection and evaluation or a complaint investigation, the training program has 10 days  
to submit a plan of correction and identify specific dates to correct deficiencies not more  
than 30 days after the date of the report. Based upon the submitted plan of correction, the  
department shall determine if a re-visit is necessary to determine compliance.  
(2) Failure to submit a plan of correction is considered a violation of the act or these  
rules.  
PART 5: COMPLAINTS AND INVESTIGATIONS  
SUBPART A: CERTIFIED NURSE AIDES  
R 400.341 Complaint filed with department regarding a nurse aide; procedure.  
Rule 341. (1) Any individual or entity may file an allegation against a certified nurse  
aide who is listed on the registry for a violation of abuse, neglect, or misappropriation of  
patient property.  
(2) A complaint filed with the department must be filed within 12 months after the  
alleged violation. If it is not filed within 12 months after the alleged violation, the  
department may investigate the complaint if the complainant shows good cause for the  
delay in filing the complaint.  
(3) A complaint must be submitted in writing to the department.  
(4) The complaint must be limited to matters involving an alleged violation of the act or  
these rules.  
(5) A complainant shall provide enough information to identify the specific nurse aide  
and the applicable facility where the alleged violation took place.  
(6) A complaint may be filed anonymously.  
(7) The department shall receive, evaluate, and, if warranted, investigate a complaint of  
resident abuse, neglect, misappropriation of resident property or other violation of the act  
or these rules.  
(8) The department shall send a letter of acknowledgement to each complainant upon  
evaluation of the complaint, except when a complaint is submitted anonymously.  
(9) The department shall provide the complainant with the written findings of the  
complaint investigation not later than 60 days after the conclusion of the complaint  
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investigation process. This subrule does not apply when a complaint is filed  
anonymously.  
R 400.343 Investigation by department.  
Rule 343. (1) The department shall investigate a nurse aide for a complaint that alleges a  
violation of the act or these rules.  
(2) An investigation may include, but is not limited to, all the following:  
(a) Interviews with the complainant, staff, patients, and other relevant persons with  
their consent.  
(b) Inspection of relevant administrative records, other documents, and media  
maintained by the health facility, agency, or other setting.  
(3) The department employee may copy relevant records, documents, or media, and  
where applicable, allow the health facility, agency, or other setting an opportunity to  
redact non-relevant information. The department shall maintain and protect these  
materials pursuant to state and federal laws, including privacy laws. All of these records,  
documents, or media must be disposed of after the completion of the final investigation  
and appeal process.  
(4) The department shall provide the nurse aide with its written findings within 60 days  
after completion of the investigation.  
SUBPART B: COMPLAINTS AGAINST NURSE AIDE TRAINER OR TRAINING  
PROGRAM  
R 400.345 Complaint filed against a nurse aide trainer or training program.  
Rule 345. (1) A complaint filed against a nurse aide trainer or nurse aide training  
program may be filed directly with the applicable nurse aide training program or the  
department.  
(2) A nurse aide training program shall adopt and follow written policies and procedures  
to investigate complaints filed by a student of the program.  
(3) A nurse aide training program shall notify the complainant of its findings within 10  
business days after completion of the investigation. This subrule does not apply when a  
complaint is filed anonymously.  
(4) A comment on a satisfaction survey or other method used by a nurse aide training  
program to gather feedback does not constitute a complaint.  
(5) A nurse aide training program shall maintain for 3 years any complaints filed under  
its complaint procedure, all complaint investigation reports, and correspondence  
delivered to each complainant, and provide the documents as required in this rule when  
requested by the department.  
R 400.347 Complaint filed with department; procedure.  
Rule 347. (1) A complaint filed with the department must be filed within 12 months  
after the alleged violation. If it is not filed within 12 months after the alleged violation,  
the department may investigate the complaint if the complainant shows good cause for  
the delay in filing the complaint.  
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(2) A complaint must be submitted in writing to the department.  
(3) The complaint must be limited to matters involving an alleged violation of the act or  
these rules.  
(4) A complainant shall provide enough information to identify the specific nurse aide  
trainer and the applicable nurse aide training program where the alleged violation took  
place.  
(5) A complaint may be filed anonymously.  
(6) The department shall receive, evaluate, and, if warranted, investigate a complaint.  
(7) The department shall provide the complainant with the written findings of the  
complaint investigation no later than 30 days after the conclusion of the complaint  
investigation process. This subrule does not apply when a complaint is filed  
anonymously.  
R 400.349 Investigation by department.  
Rule 349. (1) The department shall investigate a nurse aide training program, nurse aide  
trainer, or both, for a complaint that alleges violation of the act or these rules.  
(2) An investigation may include, but is not limited to, both of the following:  
(a) Interviews with the complainant, staff, and other relevant persons with their consent.  
(b) Inspection of relevant administrative records, other documents, and media  
maintained by the nurse aide training program.  
(3) The department employee may copy relevant records, documents, or media, and  
where applicable, allow the nurse aide training program an opportunity to redact non-  
relevant information. The department shall maintain and protect these materials pursuant  
to state and federal laws, including privacy laws. All of these records, documents, or  
media must be disposed of after completion of the final investigation and appeal process.  
(4) The department shall provide the nurse aide training program with its written  
findings within 60 days after the exit date of the on-site investigation.  
PART 6: ENFORCEMENT, DISCIPLINARY ACTIONS, NOTIFICATIONS  
SUBPART A: ENFORCEMENT  
R 400.351 Monitoring compliance with certificate or permit; investigating allegations of  
noncompliance; violation; sanctions.  
Rule 351. (1) The department shall monitor compliance with all certificates and permits  
issued.  
(2) The department shall investigate allegations of noncompliance with the act or these  
rules. A finding of noncompliance may include that a nurse aide, nurse aide trainer, or a  
nurse aide training program provided false information during the application process and  
was issued a certificate or permit based on the false information unknown to the  
department at the time.  
(3) If the department determines that the recipient of a certificate or permit is not in  
compliance with the terms of the certificate or permit or is in violation of the act or these  
rules, the department shall do 1 or more of the following:  
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(a) Permanently revoke the certificate of a nurse aide found to have abused a patient.  
(b) Permanently revoke the certificate of a nurse aide found to have misappropriated the  
property of a patient.  
(c) Revoke the certificate of a nurse aide found to have neglected a patient unless the  
nurse aide demonstrates that the neglect was caused by factors beyond his or her control.  
Factors beyond the control of the nurse aide include, but are not limited to, an immediate  
action to protect the health and safety of or prevent harm to the resident, an action that is  
directed by a licensed health professional under article 15, or a nurse aide has not been  
trained to complete an assigned task.  
(d) Issue a summary suspension of the certificate or permit.  
(e) Revoke or suspend the certificate or permit. A certificate or permit holder that has  
had his or her certificate or permit revoked cannot reapply for a minimum of 3 years after  
the effective date of revocation.  
(f) Limit or modify the certificate or permit.  
(g) Require probation, re-training, or a continuing education class.  
(h) Issue a written reprimand.  
(i) Take any other enforcement action authorized by the act or these rules.  
(4) A nurse aide whose certificate has been revoked pursuant to subrule (2)(c) of this  
rule may petition the department to end the enforcement of the revocation 1 year after the  
effective date of the finding if both of the following conditions are met:  
(a) The employment and personal history of the nurse aide does not reflect a pattern of  
abusive behavior or neglect.  
(b) The neglect involved in the original finding was a singular occurrence.  
(5) A certificate or permit holder may voluntarily surrender a certificate or permit by  
notifying the department in writing. The effective date of the voluntary termination will  
be the date the department receives the written request. The department shall honor the  
request unless there is an open investigation or pending disciplinary action against the  
individual or program.  
(6) The department may agree to settle a pending disciplinary action.  
SUBPART B: DISCIPLINARY ACTIONS  
R 400.352 Authority; hearings.  
Rule 352. (1) Pursuant to section 21923(1) of the act, MCL 333.21923, the department  
shall investigate and take enforcement action for violations of the act or these rules.  
(2) The department shall implement 42 USC 1395i-3(g)(1)(C) and (D) and 42 CFR parts  
483 and 488 as they relate to nursing homes.  
(3) The procedures for a hearing must comply with sections 71 to 92 of the  
administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.292, and R  
792.10101 to R 792.10137.  
R 400.353 Notice of intent.  
Rule 353. (1) Except as provided in R 400.354, the department shall provide the  
certified nurse aide or permitted program or trainer with written notice, by certified mail  
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or personal service to the address of record, of the facts or conduct that warrant the  
intended action before revoking, suspending, limiting, or modifying a certificate or  
permit. The written notice shall include, but is not limited to, all of the following:  
(a) The nature of the allegations.  
(b) The approximate date and time the allegations occurred.  
(c) The right to request an administrative hearing to contest the allegations.  
(d) The department’s intent to revoke, suspend, limit, or modify a certificate or permit.  
(e) Notice that if the certified nurse aide or permitted program or trainer does not  
request an administrative hearing in writing within 30 days after the date of the written  
notice, as provided for in subrule (3) of this rule, the department will enforce the sanction  
indicated in the written notice.  
(f) The consequences of a finding through the administrative hearing process that the  
person committed the violations of legal requirements described in the written notice.  
(g) The certified nurse aide or permitted program or trainer has the right to be  
represented by an attorney at the administrative hearing at the individual’s expense.  
(2) The department shall issue the written notice within 10 business days after the  
completion of the department’s investigation. The department shall give a copy of the  
written notice to the administrator of the training program or the administrator of the  
health facility or agency that employs the subject of the notice.  
(3) The certified nurse aide or permitted program or trainer may request an  
administrative hearing within 30 days after the date the department issued the written  
notice. The request for administrative hearing must be submitted in writing to the director  
or director’s designee as instructed in the written notice.  
(4) In addition to the written request for an administrative hearing, a certified nurse aide  
or permitted program or trainer may submit to the director or director’s designee a written  
statement disputing the allegations listed in the department’s written notice.  
(5) Upon receipt of a written request for hearing, the department shall forward the  
request to the Michigan office of administrative hearings and rules for the scheduling of  
the administrative hearing.  
(6) The Michigan office of administrative hearings and rules shall provide the notice of  
hearing to the applicant, certified nurse aide, or permitted program or trainer by certified  
mail to the address of record.  
R 400.354 Summary suspension.  
Rule 354. (1) The department may summarily suspend a certificate or permit if the  
department finds that the public health, safety, or welfare requires emergency action in  
accordance with section 92 of the administrative procedures act of 1969, 1969 PA 306,  
MCL 24.292. If the department summarily suspends a certificate or permit under this  
rule, a post-suspension hearing must be held promptly to determine if the suspension  
should remain in effect pursuant to section 92 of the administrative procedures act of  
1969, 1969 PA 306, MCL 24.292.  
(2) The record created at the post-suspension hearing becomes a part of the record at  
any subsequent hearing in the contested case.  
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R 400.355 Opportunity to show compliance.  
Rule 355. When the department issues a notice of intent under R 400.353, a notice of  
compliance conference must accompany the notice of intent. The notice of compliance  
conference must state the date, time, and location or medium of the compliance  
conference and inform the individual of all of the following:  
(a) The purpose of the compliance conference is to provide the individual or program  
the opportunity to demonstrate that the individual or program complied with all lawful  
requirements for a certificate or permit at the time of the department’s investigation or  
inspection.  
(b) If the individual or program is unable to reach a settlement with the department, the  
matter will proceed to an administrative hearing.  
(c) The individual or program may waive the compliance conference and proceed  
directly to the administrative hearing.  
R 400.356 Subpoena.  
Rule 356. (1) The department or presiding officer at an administrative hearing may issue  
a subpoena to do any of the following:  
(a) Compel the attendance of a witness to testify at an administrative hearing.  
(b) Produce books, papers, documents, or other items relevant to the hearing.  
(2) If a subpoena is disobeyed, the director of the department or the director’s designee  
may petition the circuit court to require the attendance of the witness or the production of  
books, papers, documents, or other items. The circuit court may issue an order requiring  
a person to appear and give testimony or produce books, papers, documents, or other  
items. Failure to obey the order of the circuit court may be punished by the court as  
contempt of court.  
SUBPART C: NOTIFICATIONS  
R 400.357 Notifications for neglect, abuse, misappropriation of property.  
Rule 357. (1) Within 10 business days after establishing neglect or abuse of a patient or  
misappropriation of the property of a patient, the department shall notify all of the  
following:  
(a) The nurse aide.  
(b) The current administrator of the health facility or agency or another employer where  
the incident occurred.  
(c) The current administrator of the health facility or agency or other employer where  
the nurse aide currently provides nursing or nursing-related services, if known.  
(2) Upon receipt of the notification described in subrule (1)(a) of this rule, the individual  
shall immediately cease providing nursing or nursing-related services as a certified nurse  
aide.  
(3) The department shall update the nurse aide registry with these findings.  
;