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 Street, 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 licensure, relicensure, and continuing  
education requirements for acupuncturists.  
The rules will be reviewed and amended as needed in light of the statutory change to MCL  
333.16186, effective March 24, 2021. Additionally, all rules will be reviewed, updated, and  
revised as needed for clarity.  
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 requires the promulgation of rules to establish criteria for licensure for an  
applicant who has the education, training, and experience appropriate to the practice of  
acupuncture.  
MCL 333.16517 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 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 guidance, 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 do not incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules.  
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 April 1, 2021. MCL 333.16186 was amended effective  
March 24, 2021 to include reciprocity for Canadian-licensed applicants. As a result, the current  
endorsement rule needs to be reviewed and amended as needed.  
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  
;