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:  
Optometry - General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.301 - R 338.333  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Dena Marks  
E-mail 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, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
This rule set pertains to the licensure, relicensure, and license renewals of optometrists.  
The rules will be reviewed and amended as needed concerning the examination required for  
licensure. Additionally, continuing education rules will be reviewed and revised as needed to  
reflect the activities and continuing education providers and activities approved by the board. All  
rules will be reviewed and revised as needed to update rules and provide greater clarity.  
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, 333.16287, 333.17431, 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  
MCL 333.16145 requires the board to promulgate rules to specify the requirements for licenses,  
renewals, examination, and required passing scores.  
MCL 333.16287 requires the department, in consultation with the board, to promulgate rules to  
implement MCL 333.16284 and MCL 333.16285.  
MCL 333.17431 requires the board to promulgate rules requiring continuing education, including  
pain and symptom management, for license renewal.  
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 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 guidance, 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 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.  
The rules were last amended May 19, 2023. The regulatory activity covered by the rules has not  
changed since the last evaluation. The board has been notified that there have been changes to the  
National Board of Examiners in Optometry examination for licensure, and the department has  
received a request from the Optometry Examining Board of Canada inquiring whether the  
Canadian licensing examination may be accepted as an alternative to the National Board of  
Examiners in Optometry examination for licensure. The board, therefore, voted to open the rules  
to evaluate examination requirements for licensure and to review all rules for to ensure they are up  
-to-date and for any needed revisions for clarity.  
MCL 24.239  
RFR-Page 3  
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.  
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  
Order No. 2019-6.  
MCL 24.239  
;