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:  
Labor and Economic Opportunity  
2. Bureau:  
MIOSHA  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
Hand-Held Portable Dental X-Ray Systems  
5. Rule numbers or rule set range of numbers:  
R 333.5396  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Shannon Matsumoto  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
517-284-7734  
Address of person filling out RFR:  
530 W. Allegan Street  
Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
MCL 24.239  
RFR-Page 2  
To amend existing rules to allow for the routine use of handheld devices. The rule would prohibit  
the use of a handheld dental X-ray system to perform dental radiography unless the machine is  
registered and the system, personnel operating the system, and facility in which the system is  
being used to meet all of the following requirements:  
-The system has been approved for human use by the U.S. Food and Drug Administration (FDA)  
and is used consistently with the approval.  
-The system has a backscatter shield that meets all of the following requirements:  
-The shield is composed of a leaded polymer or a lead-equivalent substance that has a  
substantially equivalent protective capacity.  
-The shield is permanently affixed to the system.  
-The system is certified by its manufacturer before its first use and is calibrated at least every 24  
months after the date of the last certification.  
-When not in use, the system is stored in a manner that restricts access to the system, such as by  
storing the system in a locked area of the facility.  
(An individual using the machine need not use a lead apron or other personal monitoring  
equipment, but that equipment must be available for use.)  
-The equipment may not be used if the backscatter shield described above is broken.  
The proposed changes are a result of legislative change.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The department has the authority to promulgate rules, The Public Health Code 368 PA 1978, MCL  
333.13521.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The Public Health Code, 1978 PA 368, Part 135, MCL 333.13515, MCL 333.13521, MCL  
333.13522, and MCL 333.13527. Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1,  
and 2019-3, being MCL 330.3101, MCL 445.2001, MCL 445.2011, MCL 445.2030, and MCL  
125.1998.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
The Public Health Code, 1978 PA 368, MCL 333.13521.  
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.  
MIOSHA is not aware of any conflict or duplication.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
None that MIOSHA is aware of.  
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?  
MCL 24.244 (1)  
A. Explain why the rules are being promulgated under 24.244.  
MCL 24.239  
RFR-Page 3  
The rules are being promulgated under 24.244, as they are a result of a of legislative change.  
MCL 24.239  
;