RFR-Page 2
Rule promulgation includes: MCL 333.16141; MCL 333.16145; MCL 333.16148; MCL
333.16174; MCL 333.16175; MCL 333.16178; MCL 333.16186; MCL 333.16186a; MCL
333.16204; MCL 333.16205; MCL 333.16215; MCL 333.16287; MCL 333.18307; MCL
333.18309; MCL 333.18313; 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
explain.
Yes, the Department in consultation with the Board is required to promulgate rules as follows: to
set forth the minimum standards for licensure pursuant to MCL 333.18307 and MCL 333.18309;
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; and to regulate telehealth, pursuant to MCL 333.16287.
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 occupational therapists and
occupational therapy assistants. 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?
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?
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 Board of Occupational Therapy will receive comments from the public, associations, and
licensees. Rules Committee Work Sessions will be held with the public.
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