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: Department of Licensing and Regulatory Affairs  
Division/Bureau/Office: Bureau of Professional Licensing  
Name, title, phone number, and e-mail of person Dena Marks  
completing this form:  
Marksd1@michigan.gov  
2. Rule Set Information  
Title of proposed rule set: Pharmacy - Continuing Education  
Rule number(s) or range of numbers: R 338.3041 – 338.3045  
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 Pharmacy Continuing Education rules pertain to license renewals, continuing education  
requirements, approval of continuing education courses and programs, and acceptable continuing  
education activities. The draft rules have been reorganized and rewritten to provide the  
requirements necessary to aid a licensee in accumulating the continuing education credits necessary  
for license renewal.  
R 338.3041: This rule pertains to license renewal and continuing education requirements. The  
proposed rule will add renewal of a special retired pharmacist license, require training for  
identifying victims of human trafficking, require training in opioids and other controlled substances  
awareness, and require 1 hour of continuing education in pharmacy ethics and jurisprudence. It  
will also clarify the courses that will satisfy the 1 hour of required pain and symptom management  
continuing education. The proposed rule will prohibit a licensee from earning credit for the same  
course twice within a renewal period and advise the licensee that his or her submission of an  
application for renewal constitutes his or her certification that he or she has complied with all  
continuing education requirements of this rule. The proposed rule will also advise a licensee that a  
continuing education waiver request must be received by the department before the expiration date  
of the license.  
R 338.3043: This rule pertains to approval of continuing education courses and programs. The  
proposed rule will establish additional requirements for an applicant seeking board approval of a  
continuing education course or program. The proposed changes include requiring submission of a  
“patient protection” form with the application if the course or program involves treating live  
patients, requiring submission at least 70 days before the course or program is to be conducted, and  
requiring that the course or program substantially meet an acceptable category of continuing  
Revised: January 21, 2019  
MCL 24.239  
RFR – Page 2  
education. The proposed rule will provide that the board may approve a program for 3 years and  
will also require reevaluation of an approved course or program if changes are made to the course  
or program. The proposed rules will provide the required information that the sponsor must  
include on the certificate or other proof of completion of the course or program that must be  
provided to the licensee. Finally, it will provide that the board may revoke approval for  
noncompliance with the rules.  
R 338.3044: This rule pertains to acceptable continuing education activities. The proposed rule  
will reorganize it into a more user-friendly format. The proposed rule will describe approved  
continuing education courses and programs, the number of continuing education hours that may be  
earned by completing each activity, and the licensee’s duty to provide documentation of  
completion of the activity if audited.  
R 338.3045: This rule pertains to continuing education equivalents for a licensee residing or  
practicing in another state. This rule will be rescinded because the substance of the rule is included  
as an acceptable continuing education activity in R 338.3044(e).  
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 333.16184, MCL 333.16201, MCL 333.16204, MCL  
333.16205, MCL 333.17731, MCL 333.17737, MCL 333.17767, MCL 338.3501, MCL 445.2001,  
MCL 445.2011, 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 continuing education for pharmacists.  
There is no federal rule or standard set by a national or state agency that the proposed rules are in  
conflict with or duplicate.  
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 these rules is not 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 Pharmacy voted to open the rules at the regularly scheduled board meeting  
on December 13, 2017. Please see attached copy of the minutes from that meeting.  
11. Reviewed by the following Departmental Regulatory Affairs Officer:  
Revised: January 21, 2019  
MCL 24.239  
RFR – Page 3  
Liz Arasim  
Department of Licensing and Regulatory Affairs  
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↓ To be completed by the ORR ↓  
Date RFR received:2-19-2019  
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: 2019-022 LR  
Date of approval:  
2/21/19  
Based on the information in this RFR, the ORR is not approving the RFR at this time.  
Date of disapproval:  
Explanation:  
Revised: January 21, 2019  
MCL 24.239  
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