Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
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:  
Board of Midwifery  
5. Rule numbers or rule set range of numbers:  
R 338.17101 – R 338.17141  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Jennifer Shaltry  
Email of person filling out RFR:  
ShaltryJ1@michigan.gov  
Phone number of person filling out RFR:  
517-241-3085  
Address of person filling out RFR:  
Ottawa Building  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The purpose of the Board of Midwifery rules is to regulate the prelicensure education, licensure,  
practice, conduct, disclosure and consent, classification of conditions for consultation, referral, and  
emergent transfer, administration of prescriptions drugs and medications, licensure renewal,  
relicensure, and continuing education for licensed midwives.  
The proposed rules are intended to add prescription drugs to the drug formulary in the rules and  
provide any other updates that arise during the promulgation process.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
The department in consultation with the board are authorized to establish rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 333.16145; MCL 333.16148; MCL 333.16174; MCL 333.16178; MCL 333.16181; MCL  
333.16182; MCL 333.16186; MCL 333.16201; MCL 333.16204; MCL 333.16205; MCL  
333.16215; MCL 333.16287; MCL 333.17105; MCL 333.17107; MCL 333.17111; MCL  
333.17112; MCL 333.17115; MCL 333.17116; MCL 333.17117; MCL 333.17121; 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.  
MCL 24.239  
RFR-Page 2  
MCL 333.16148 requires the department to promulgate rules regarding training for identifying  
victims of human trafficking.  
MCL 333.16204 states that if a board requires completion of continuing education as a  
condition for renewal, it shall require an appropriate number of hours or courses in pain and  
symptom management.  
MCL 333.16287 requires the department, in consultation with the board, to promulgate rules to  
implement MCL 333.16284 and MCL 333.16285 regarding telehealth.  
MCL 333.17107 requires the board to promulgate rules to require a midwife to report patient  
data.  
MCL 333.17111 requires the department in consultation with the board to promulgate rules  
concerning the administration of prescription drugs or medications by midwives.  
MCL 333.17112 requires the department to promulgate rules that include standards for the  
delineation of findings that preclude a woman or newborn from being classified as having a  
normal pregnancy, labor, delivery, postpartum period, or newborn period.  
MCL 333.17117 requires the department in consultation with the board to promulgate rules  
regarding licensure, continuing education, the acts, tasks, and functions by midwives, obtaining  
informed consent, and transfer of care.  
MCL 333.17431 requires the board to promulgate rules requiring continuing education,  
including pain and symptom management, for license renewal.  
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 the licensing requirements of midwives,  
so there is no federal rule or standard set by a national or state agency that the proposed rules can  
be in conflict with or duplicate.  
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 the proposed 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?  
No.  
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act  
of 1969, 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 associations, 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.  
MCL 24.239  
RFR-Page 3  
The rules were promulgated on March 21, 2023. 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?  
No, there are no changes or developments since implementation of the rules that demonstrate there  
is no continued need for the rules, or any portion of 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  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient policy and legal  
bases for approving the RFR. The RFR satisfies the requirements of the administrative procedures act of  
1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;