Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Professional Licensing  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Medicine - General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.2401 - R 338.2443  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Weston MacIntosh  
E-mail of person filling out RFR:  
MacIntoshW1@michigan.gov  
Phone number of person filling out RFR:  
517-241-9269  
Address of person filling out RFR:  
611 W. Ottawa St.  
P.O. Box 30670  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Medicine – General Rules pertain to definitions, prescribing of drugs by physician’s  
assistants, delegation of prescribing controlled substances to advanced practice registered nurses,  
training in identifying human trafficking, medical education accreditation standards, licensure,  
foreign-trained licensure, licensure by endorsement, educational limited licenses, examination,  
clinical academic licenses, relicensure, license renewal, and continuing education.  
Amendment of the rules will take place to supply revisions of definitions, rescind an English  
language requirement, rescind a display name requirement, include a rule on telehealth, revise  
prescribing of physician’s assistants requirements and delegation of prescribing to advanced  
practice registered nurses requirements, clarify dates for human trafficking training, update  
accreditation standards, and revise licensure, foreign-trained licensure, licensure by endorsement,  
educational limited licensure, examination, clinical academic licensure, relicensure, renewals, and  
continuing education requirements.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
MCL 24.239  
RFR-Page 2  
The department director in consultation with the Board.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 333.16145, MCL 333.16148, MCL, 333.16174, MCL 333.16204, MCL 333.16215, MCL  
333.16287, MCL 333.17031, MCL 333.17033, MCL 333.17048, and MCL 333.17076, and  
Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, MCL  
445.2001, MCL 445.2011, and MCL 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Under MCL 333.17033(2), the board shall promulgate rules requiring each applicant for license  
renewal to complete, as part of the continuing education requirement, an appropriate number of  
hours or courses in pain and symptom management.  
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.  
Rescission of R 338.2403, the English language requirement rule, is necessary, as a new rule will  
address the requirement under the Public Health Code – General Rules and will apply to all health  
professions.  
Rescission of R 338.2405, the name of practitioner, display name rule, is necessary, as MCL  
333.16191 and MCL 333.16221 already address it.  
Rescission of R 338.2433, the examination eligibility, limitation on attempts rule, is necessary, as  
consolidation of the relevant information will take place under another rule that also addresses the  
USMLE.  
The rest of the proposed rules do not duplicate or conflict with other federal or state regulations.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
No guideline, manual, handbook, instructional bulletin, form with instructions, or operational  
memo covers the subject matter of the rules.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
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?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The proposed rules do not exceed other federal or state regulations.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
MCL 24.239  
RFR-Page 3  
Amendment of the rules last took place in 2016. No technological factors, economic conditions,  
or other factors make amendment of the rules necessary.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
Yes  
MCL 24.239  
;