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A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
MCL 333.16145, 333.16148, 333.16184, 333.16186, 333.16201, 333.16204, 333.16205,
333.16215, 333.16287, 333.17731, 333.17739, 333.17739a, 333.17739b, and 333.17739c, and
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
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, pursuant to MCL 333.16204 and MCL 333.17731; and to
implement sections 16284 and 18285 of the Code, regarding 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 pharmacy technicians. 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 Department will work with various associations, educational institutions, pharmacy related
businesses, and lobbyists in preparing the proposed 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 promulgated in 2021. There have been no technological factors, economic
conditions, or other factors that would necessitate amendment of the rules.
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?
MCL 24.239