Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Labor and Economic Opportunity  
2. Bureau:  
MIOSHA  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Ionizing Radiation Rules Governing the Use of Radiation Machines  
5. Rule numbers or rule set range of numbers:  
R 333.5001 – R 333.5721  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Daniela Garza  
E-mail of person filling out RFR:  
GarzaD@michigan.gov  
Phone number of person filling out RFR:  
517-284-7738  
Address of person filling out RFR:  
530 West Allegan Street, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The general purpose of these proposed rules is to amend the Ionizing Radiation Rules Governing  
the Use of Radiation standard to establish qualification requirements for individuals engaged in  
medical x-radiation technology. The proposed rules are intended to address the improper  
performance of medical x-radiation technology and ensure that individuals and patients are not  
exposed to unnecessary radiation.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
By authority conferred on the director of the Michigan department of labor and economic  
opportunity by sections 13515, 13521, 13522, and 13527 of the public health code, 1978 PA 368,  
MCL 333.13515, 333.13521, 333.13522, and 333.13527 and Executive Reorganization Order Nos.  
1996-1, 1996-2, 2003-1, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2030, and  
125.1998.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The Public Health Code, 1978 PA 368, Part 135, MCL 333.13515, MCL 333.13521, MCL  
333.13522, and MCL 333.13527. Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1,  
2011-4, and 2019-3, MCL 330.3101, MCL 445.2001, MCL 445.2011, MCL 445.2030, and MCL  
125.1998.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
By authority conferred on the director of the Michigan department of labor and economic  
opportunity by sections 13515, 13521, 13522, and 13527 of the public health code, 1978 PA 368.  
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.  
MIOSHA is not aware of any rules that 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?  
MIOSHA is not aware if the subject matter of the rules is 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 proposed rules do not exceed similar regulations, compliance requirements, or 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.  
MIOSHA received recommendations from the American Registry of Radiologic Technologists.  
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.  
This is a new part in the existing rule set. The date of the last evaluation of the rules was  
10/5/2020. The proposed rules are intended to address the improper performance of medical x-  
radiation technology and ensure that individuals and patients are not exposed to unnecessary  
radiation.  
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  
MCL 24.239  
;