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:  
Public Health Code – General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.7001 - R 338.7005  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Dena Marks  
Email 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 St., Lansing Michigan  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Public Health Code General Rules are applicable to all professionals regulated under Article 15  
of the Public Health Code.  
The rule set establishes specific dates that a license or registration renewal period begins or ends for  
licensees and registrations regulated by the Public Health Code.  
The renewal period for Marriage and Family Therapy, Midwifery, Physician’s Assistants, Physical  
Therapy, Respiratory Care, and Sanitarians will be changed from a 2-year renewal period to a 3-year  
renewal period. The minimum English language standard rule will be reviewed to determine if  
additional tests should be added to the approved list. All rules will be reviewed and, if needed,  
revised to ensure they are up-to-date and for clarity.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
The department has the authority to promulgate the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 333.16145, MCL 333.16194, MCL 333.16201, MCL 333.16221(e)(iv)(B), and Executive  
Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, MCL  
445.2001, MCL 445.2011, and 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 333.16194 requires the department to prescribe the expiration dates for licenses and  
registrations. The rules are not mandated by any constitutional provision.  
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 because there are no similar rules, compliance  
requirements or other standards adopted that 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.  
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  
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 proposed 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.  
No.  
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 March 23, 2023.  
Marriage and Family Therapy licensure is required under MCL 333.16909. Midwifery licensure is  
required under MCL 333.17105. Physical Therapy licensure is required under MCL 333.17820.  
Physician’s Assistants licensure is required under MCL 333.17011. Respiratory Care Licensure is  
required under MCL 333.18707. Sanitarian registration is required under MCL 333.18411. These  
licensed and registered professionals, and the associations representing them, have requested that  
the renewal periods be changed from a 2- to a 3-year renewal period.  
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.  
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.  
No  
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  
;