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  
AMENDED  
REQUEST FOR RULEMAKING (RFR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority  
to promulgate rules must electronically file a RFR with the Office of Regulatory Reinvention (ORR)  
before initiating any changes or additions to the rules. Submit copy to the ORR at orr@michigan.gov.  
1. Agency Information  
Agency name: Department of Licensing and Regulatory Affairs  
Division/Bureau/Office: Bureau of Professional Licensing  
Agency contact person name, e-mail, and phone: Andria M. Ditschman  
DitschmanA@michigan.gov  
517-241-9255  
2. Rule Set Information  
Title of proposed rule set: Board of Nursing  
Rule number(s) or range of numbers: R 338.10101 – R 338.10705  
Included in agency’s annual regulatory plan as rule to be processed in current year? Yes.  
3. Estimated timetable for completion, or statutory deadline, if applicable:  
1 year  
4. Describe the general purpose of these rules, including any problem(s) the changes are intended to  
address:  
The purpose of the Board of Nursing Rules is to regulate the prelicensure education, licensure,  
specialty certification, licensure renewal, relicensure, continuing education for licensed nurses, and  
the nursing professional fund scholarship program.  
The proposed rules are intended to: add specific dates to the rules where appropriate; delete an  
incorrect reference to MCL 333.16186(1) of the code; clarify how long an applicant has to take and  
pass the NCLEX exam; clarify the length of time an applicant has to submit continuing education  
for relicensure before the application expires; clarify definitions related to nursing education  
programs; add a definition for “capstone course”; require a nursing education program to show it  
has met the NCLEX scores required by the rules before being granted full approval; clarify the  
requirements in a comprehensive self-study report after full approval of the nursing education  
program; move the definition of major and minor program changes to the rule regarding program  
changes; change the term self-study to final approval report for initial program approval; allow an  
accredited program to submit a letter of accreditation or reaccreditation from an accrediting agency  
in lieu of a self-study report; designate a permanent change in seats in an education program as a  
major program change, and require minor program changes to be evaluated by the Board instead of  
the Department; require certain information in a request for a minor program change; modify the  
required pass rates in the evaluation of an education program; require a change in a director of an  
education program to be submitted to the Board; clarify the educational background required for  
non-nurse faculty who teach non-nursing courses that are health related; limit the use of preceptors;  
Revised: January 4, 2018  
MCL 24.239  
RFR – Page 2  
clarify the faculty to student ratio requirements in an education program; require an education  
program report and final approval report for evaluation of an education program; add requirements  
for suspended education programs; clarify when continuing education must be completed for  
relicensure; clarify the type of academic course that is acceptable continuing education; and clarify  
the requirements to obtain a scholarship from the nurse professional fund scholarship program.  
5. Cite the specific rule promulgation authority (i.e. agency director, commission, board, etc.,  
listing all applicable statutory references. If the rule(s) are mandated by any applicable  
constitutional or statutory provision, please explain.  
MCL 333.16145(3); MCL 333.17201; Executive Reorganization Order No. 1991-9, MCL  
338.3501; Executive Reorganization Order No. 1996-2, MCL 445.2001; Executive Reorganization  
Order No. 2003-1, MCL 445.2011, and Executive Reorganization Order No. 2011-4, MCL  
445.2030.  
6. Describe the extent to which the rule(s) conflict with, duplicate, or exceed similar regulations,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
Include applicable public act and statutory references.  
Each state establishes its own requirements with respect to the licensing requirements of nursing,  
nursing educational programs, and nursing scholarships so there is no federal rule or standard set  
by a national or state agency that the proposed rules can duplicate or be in conflict with.  
7. Is the subject matter of the rule(s) currently contained in any guideline, manual, handbook,  
instructional bulletin, form with instructions, or operational memo?  
No. The subject matter of these rules is not currently contained in any guideline, handbook,  
manual, instructional bulletin, form with instructions, or operational memoranda.  
8. Explain whether the rule(s) will be promulgated under Sections 44 or 48 of the APA or the full  
rulemaking process:  
These rules will be promulgated using the full rulemaking process.  
9. Do the rule(s) incorporate the recommendations of any Advisory Rules Committee formed  
pursuant to Executive Order 2011-5? If yes, explain.  
The proposed rules do not incorporate any recommendation of any Advisory Rules Committee.  
10. Is there an applicable decision record as defined in Section 3(6) and required by Section 39(2) of  
the APA? If so, please attach the decision record.  
The Michigan Board of Nursing voted to open the rules at the regularly scheduled board  
meeting on March 1, 2018. Please see attached copy of the minutes from that meeting.  
11. Reviewed by the following Departmental Regulatory Affairs Officer:  
Liz Arasim  
Department of Licensing and Regulatory Affairs  
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↓ To be completed by the ORR ↓  
Date RFR received:12-21-2018  
Based on the information in this RFR, the ORR concludes that there are sufficient policy and  
legal bases for approving the RFR.  
Revised: December 27, 2017  
MCL 24.239  
RFR – Page 3  
ORR assigned rule set number: 2018-033 LR  
Date of approval: 1/29/19  
Based on the information in this RFR, the ORR is not approving the RFR at this time.  
Date of disapproval:  
Explanation:  
Revised: December 27, 2017  
MCL 24.239  
;