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:  
Acupuncture - General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.13001 – 338.13045  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Dena Marks  
E-mail of person filling out RFR:  
MarksD1@michigan.gov  
Phone number of person filling out RFR:  
517-335-3679  
Address of person filling out RFR:  
611 W. Ottawa St.  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The current acupuncture general rules pertain to the registration, reregistration, and registration  
renewal for acupuncturists.  
The rules will be updated and amended to comply with all requirements under the public health  
code, including the licensure, relicensure, license renewals, and continuing education requirements  
for acupuncturists pursuant to 2019 PA 140.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The department in consultation with the board.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 333.16141, MCL 333.16145, MCL 333.16148, MCL 333.16174, MCL 333.16201, MCL  
333.16287, MCL 333.16515 (Effective 3/4/2020, 2019 PA 140), MCL 333.16517 (Effective  
3/4/2020, 2019 PA 140), MCL 333.16525 (Effective 3/4/2020, 2019 PA 140), Executive  
Reorganization Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, MCL 445.2001, MCL  
445.2011, and MCL 445.2030.  
MCL 24.239  
RFR-Page 2  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 333.16145 requires the board to promulgate rules to specify the requirements for licenses,  
renewals, examination, and required passing scores.  
MCL 333.16287 requires the department, in consultation with the board, to promulgate rules to  
implement telehealth services.  
MCL 333.16515 (Effective 3/4/2020, 2019 PA 140) requires the promulgation of rules to establish  
criteria for licensure for an application who has the education, training, and experience appropriate  
to the practice of acupuncture.  
MCL 333.16517 (Effective date 3/4/2020, 2019 PA 140) requires the department, in consultation  
with the board, to promulgate rules requiring that a licensee furnish evidence of completing  
continuing education for license renewal.  
MCL 333.16525 (Effective date 3/4/2020, 2019 PA 140) requires the department, in consultation  
with the board, to promulgate rules that establish the minimum standards for licensure.  
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.  
The rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of the 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?  
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 rules do not exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The rules were last amended effective January 10, 2019. The public health code was amended by  
2019 PA 140 (Effective 3/4/2020) requiring acupuncturists to be licensed.  
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.  
The rules were last amended effective January 10, 2019. The public health code was amended by  
2019 PA 140 (Effective 3/4/2020) requiring acupuncturists to be licensed.  
MCL 24.239  
RFR-Page 3  
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?  
There are no changes or developments since implementation that demonstrate that there is no  
continued need for the rules.  
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  
;