Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
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:  
Massage Therapy – General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.701 - R 338.752  
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.  
The massage therapy general rules pertain to the licensure, relicensure, and license renewal of  
massage therapists.  
The rules will be reviewed and amended to provide clarity pertaining to education, training,  
requirements for licensure, continuing education, and ethics. All rules will be reviewed, updated,  
and revised as needed.  
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, MCL 333.16148, MCL 333.17961, MCL 333.17963, MCL 333.17965,  
Executive Reorganization 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 333.16145 requires the board to promulgate rules to specify the requirements for licenses,  
renewals, examination, and required passing scores. MCL 333.17963 requires the board to  
promulgate rules to create a code of professional ethics. MCL 333.17965 requires the board to  
promulgate rules requiring at least 18 hours of continuing education as a condition 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.  
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 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?  
Yes.  
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.  
No, however, questions and comments have been directed to board members and the department  
by licensees concerning approved educational programs, ethics standards, and continuing  
education requirements. These rules will be reviewed and amended as necessary to clarify the  
issues that have been raised.  
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 on November 21, 2022. There has been no change in technology,  
economic conditions, or any other factor that has changed the regulatory activity since the last  
evaluation.  
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  
;