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  
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: Licensing and Regulatory Affairs  
Division/Bureau/Office: Bureau of Professional Licensing  
Agency contact person name, e-mail, and phone: Dena Marks, Analyst  
MarksD1@michigan.gov  
517-335-3679  
2. Rule Set Information  
Title of proposed rule set: Optometry General Rules  
Rule number(s) or range of numbers: R 338.301 – R 338.323  
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 Optometry General Rules pertain to the licensure, relicensure, and renewal for optometrists.  
The current rules include outdated information and do not comply with current statutory  
requirements.  
The current rules will be revised to include definitions for comprehensive informed consent and  
telehealth, and place defined terms in alphabetical order.  
Three new rules will be added: a rule requiring opioid and other controlled substances awareness  
training as required by MCL 333.7301; a rule requiring a foreign-trained applicant to  
demonstration a working knowledge of the English language, pursuant to MCL 333.16174(1)(d);  
and a rule for providing telehealth services as required by MCL 333.16287.  
The proposed rules will revise the rule pertaining to training for identifying victims of human  
trafficking to include the effective dates when the training must be completed.  
The proposed rules will update examination information.  
The proposed revision to the relicensure rule will include the requirements that the applicant must  
be of good moral character and must submit fingerprints if his or her license has lapsed for 3 years  
or more.  
Revised: January 4, 2018  
MCL 24.239  
RFR – Page 2  
The proposed rules will amend the continuing education rules to include updated requirements and  
revise the activities approved for continuing education and the number of credits that may be  
earned for participating in an activity.  
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, MCL 333.16148, MCL 333.16174; MCL 333.16287, MCL 333.17431, and  
Executive Reorganization Order No. 1991-1, MCL 338.3501, Executive Reorganization Order No.  
1996-2, MCL 445.2001, Executive Reorganization Order No. 2003-1, MCL 445.2011, Executive  
Reorganization 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  
optometrists, 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?  
The subject matter of the rules is not currently contained in any guideline, manual, handbook,  
instructional bulletin, form with instructions, or operational memo.  
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 Optometry voted to open the rules at the regularly scheduled board meeting  
on May 24, 2017.  
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:5-24-2018  
Based on the information in this RFR, the ORR concludes that there are sufficient policy and  
legal bases for approving the RFR.  
ORR assigned rule set number: 2018-037 LR  
Revised: January 4, 2018  
MCL 24.239  
RFR – Page 3  
Date of approval:  
6/18/18  
Based on the information in this RFR, the ORR is not approving the RFR at this time.  
Date of disapproval:  
Explanation:  
Revised: January 4, 2018  
MCL 24.239  
;