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:  
Osteopathic Medicine and Surgery – General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.111 – R 338.143  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Weston MacIntosh  
E-mail of person filling out RFR:  
MacIntoshW1@michigan.gov  
Phone number of person filling out RFR:  
517-241-9269  
Address of person filling out RFR:  
611 W. Ottawa St., P.O. Box 30670, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Osteopathic Medicine and Surgery – General Rules pertain to definitions, telehealth,  
prescribing of drugs, training, accreditation standards, licensure, educational limited licenses,  
examination, relicensure, renewal, and continuing education, for osteopathic medical doctors.  
Amendment of the rules will take place to supply clarity on definitions, telehealth, prescribing of  
drugs, training, accreditation standards, licensure, educational limited licenses, examination,  
relicensure, renewal, and continuing education, for osteopathic medical doctors.  
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 333.16145, 333.16148, 333.16174, 333.16204, 333.16215, 333.16287, 333.17531,  
333.17533, and 333.17548, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1,  
and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
Under MCL 333.16287, the department, in consultation with the board, shall promulgate rules to  
implement MCL 333.16284 and MCL 333.16285.  
Under MCL 333.17531, an applicant, in addition to completing the requirements for the degree in  
osteopathic medicine and surgery, shall complete a period of postgraduate education to attain  
proficiency in the practice of the profession as prescribed by the board in rules as a condition for  
more than limited licensure.  
Under MCL 333.17533, the board shall promulgate rules requiring each applicant for license  
renewal to complete as part of the continuing education requirement of subsection (1) an  
appropriate number of hours or courses in pain and symptom management.  
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?  
No.  
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.  
Amendment of the rules last took place effective March 22, 2023. No technological factors,  
economic conditions, or other factors make amendment of the rules necessary.  
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  
RFR-Page 3  
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  
Order No. 2019-6.  
MCL 24.239  
;