State Budget Office  
Office of Regulatory Reinvention  
111 S. Capitol Avenue; 8th Floor, Romney Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
AGENCY REPORT TO THE  
JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority  
to promulgate the rules must complete and submit this form electronically to the Office of Regulatory  
Reinvention (ORR) at orr@michigan.gov.  
1. Agency Information:  
Agency name: Department of Licensing and Regulatory Affairs  
Division/Bureau/Office: Bureau of Professional Licensing  
Name, title, phone number, and e-mail of person completing this form: Dena Marks,  
Board Analyst  
517-335-3679  
MarksD1@Michigan.gov  
Name of Departmental Regulatory Affairs Officer reviewing this form: Liz Arasim,  
Department of Licensing  
and Regulatory Affairs  
2. Rule Set Information:  
ORR assigned rule set number: 2018-037 LR  
Title of proposed rule set: Optometry – General Rules  
3. Purpose for the proposed rules and background:  
The existing rules regulate the licensure, renewals, and relicensure of optometrists. The proposed  
rules add a rule requiring a foreign-trained applicant to demonstrate a working knowledge of the  
English language, a telehealth rule, and a rule requiring controlled substance awareness training for  
prescribers and dispensers of controlled substances. New definitions are added to ensure a reader’s  
understanding of the proposed rules. The proposed rules update and clarify the information  
pertaining to the examinations required for licensure. The rules regarding relicensure requirements  
are updated and reorganized. The proposed rules update, reorganize, and revise continuing  
education (CE) requirements.  
4. Summary of proposed rules:  
R 338.301: The proposed rule adds definitions that are used in the new proposed telehealth rule.  
R 338.302: This is a new proposed rule that will advise licensees of the new opioid and controlled  
substances awareness training requirement for prescribers.  
R 338.303: The current rule provides training standards for identifying victims of human  
trafficking. The proposed rule will provide the date by which an applicant for initial licensure or  
renewal must complete the training.  
R 338.304: This is a new proposed rule that will advise an applicant for licensure that he or she  
must demonstrate a working knowledge of the English language if the applicant’s educational or  
Revised: February 12, 2018  
MCL 24.242 and 24.245  
Agency Report to JCAR – 2  
training program was taught outside the United States. Exceptions are provided for those trained in  
English-speaking countries.  
R 338.305: The current rule provides information regarding board approved standards for  
optometric degree programs. The proposed rule will update the information about the accreditation  
standards.  
R 338.306: This is a new proposed rule that will advise a licensee of the consent needed and the  
standard of care required when providing telehealth services. This rule is required by statute, MCL  
333.16287.  
R 338.309: The current rule provides the requirements for an applicant seeking licensure by  
endorsement. The proposed rule will update information regarding the examinations required.  
R 338.313: The current rule provides the requirements for relicensure after lapse. The proposed  
rule informs the applicant that he or she must establish that he or she is of good moral character,  
pass the optometry jurisprudence examination, and complete the required CE. If the applicant’s  
license has been lapsed more than 3 years, he or she will also be required to submit fingerprints. If  
an applicant is applying for relicensure after a lapse of 6 years or more, he or she must also pass the  
licensure examinations.  
R 338.319: The current rule adopts by reference the standards and criteria of the Council on  
Optometric Practitioner Education (COPE), approves CE programs approved by COPE, and informs  
a CE program sponsor how to become a board approved CE provider. The new proposed rule will  
amend the information in the rule and reorganize it for clarity.  
R 338.320: This is a new proposed rule pertaining to approved CE. The substance of the new  
proposed rule was previously in R 338.323, but the current organization made this rule’s  
relationship to R 338.319 ambiguous. The new proposed rule will clarify that the identified  
activities are board approved for CE credit.  
R 338.321: The current rule pertains to CE. The proposed rule amends information and clarifies the  
CE requirements and limitations.  
R 338.323: The current rule will be rescinded, and the information relocated to R 338.320 for  
clarity.  
5. List names of newspapers in which the notice of public hearing was published and publication  
dates (attach copies of affidavits from each newspaper as proof of publication).  
The Mining Journal, February 28, 2019  
The Grand Rapids Press, February 28, 2019  
The Flint Journal, February 28, 2019  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
Issue No. 04-2019, March 15, 2019  
7. Time, date, location, and duration of public hearing:  
March 25, 2019, 9:00 a.m.; G. Mennen Williams Building Auditorium, 525 Ottawa Street, Lansing,  
Michigan  
Revised: February 12, 2018  
MCL 24.242 and 24.245  
Agency Report to JCAR – 3  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
http://dmbinternet.state.mi.us/DMB/ORRDocs/RIS/1819_2018-037LR_ris.pdf  
9. List of the name and title of agency representative(s) attending public hearing:  
Weston MacIntosh, Board Analyst  
LeAnn Payne, Technician  
Dena Marks, Board Analyst  
10. Persons submitting comments of support:  
None.  
11. Persons submitting comments of opposition:  
None.  
Revised: February 12, 2018  
MCL 24.242 and 24.245  
State Budget Office  
Office of Regulatory Reinvention  
111 S. Capitol Avenue; 8th Floor, Romney Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
12. Identify any changes made to the proposed rules based on comments received during the public comment period:  
Name & Organization  
Comments Made at  
Public Hearing  
Written Comments  
Agency Rationale for  
Change  
Rule Number  
& Citation  
Changed  
1.  
2.  
3.  
4.  
13. Date report completed:  
March 26, 2019  
Revised: February 12, 2018  
MCL 24.242 and 24.245  
;