A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
Rule promulgation authority includes: MCL 333.16148; MCL 333.16174; MCL 333.16178; MCL
333.16182; MCL 333.16186; MCL 333.16201; MCL 333.16204; MCL 333.16205; MCL
333.16215(6); MCL 333.16608; MCL 333.16611; MCL 333.16625; MCL 333.16626; MCL
333.16631; MCL 333.16644; 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.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
Yes, the Department in consultation with the Board is required to promulgate rules as follows: to
include training standards for identifying victims of human trafficking, pursuant to MCL
333.16148; to complete continuing education (CE) hours in pain and symptom management for an
applicant for licensure renewal, if continuing education is a condition for renewal, pursuant to
MCL 333.16204; to promulgate rules regarding the best management practices for dental amalgam
collection, disposal, and recycling and the retention and inspection of dental office records
regarding dental amalgam, pursuant to MCL 333.16631; and to prescribe the form and content of a
record of dental treatment on a patient to be used for identification purposes, pursuant to MCL
333.16644. Public Act 463 of 2018 mandates that the Department, in consultation with the Board,
promulgate rules the Department considers necessary to implement sections 16651 to 16658 of the
Public Health Code (Code), MCL 333.16651 to 333.16658, which regulate dental therapists.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
Each state establishes its own requirements with respect to dentists, dental therapists, hygienists,
and dental assistants, so there are no federal rules or standards set by a national or state agency
that most of the proposed rules can be compared to. However, the Amalgam Separator Act, 2008
PA 503, (2008), required dental offices to install systems to remove dental amalgam to reduce
mercury from being discharged into sewers. Section 16631 of the Code, MCL 333.16631, (2008),
required the Department in consultation with the Department of Environmental Equality, renamed
the Michigan Department of Environment, Great Lakes and Energy (EGLE), to promulgate rules
regarding best management practices for dental amalgam collection, disposal, and recycling and
the retention and inspection of dental office records. The amalgam rules were effective in 2012. In
addition, the United States Environmental Protection Agency (EPA) enacted requirements on the
handling of mercury in 40 CFR Part 441 (2016). The date for compliance with the EPA’s
amalgam requirements for existing dental offices is July 14, 2020, and for newly purchased or
built dental offices within 90 days of taking ownership.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
No. The subject matter of these rules is not currently contained in any guideline, handbook,
manual, instructional bulletin, form with instructions, or operational memoranda.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?