Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Health and Human Services  
2. Bureau:  
Behavioral and Physical Health and Aging Services Administration  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Rights of Recipients.  
5. Rule numbers or rule set range of numbers:  
R 330.7001 - R 330.7260  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Talisa Gauthier  
E-mail of person filling out RFR:  
GauthierT1@michigan.gov  
Phone number of person filling out RFR:  
517-284-4853  
Address of person filling out RFR:  
235 S. Grand Avenue, 2nd Floor, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The purpose of the rules is to further define and clarify terms and processes for implementation of  
chapter 7 of the mental health code regarding the legal rights for those receiving mental health  
services. To bring the rules up to date with current practices, sections need to be updated and  
rescinded, specifically R 330.7158 to allow for authorized prescribers as defined in the public  
health code to order medications for administration.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The Department Director.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
By authority conferred on the Director of the Department of Health and Human Services by  
sections 1 to 4 of 1905 PA 80, MCL 19.141 to 19.144; section 33 of 1969 PA 306, MCL 24.233;  
and sections 114, 136, 157, 244, and 842 of 1974 PA 258, MCL 330.1114, 330.1136, 330.1244,  
and 330.1842.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
The rules are mandated under MCL 330.1136, 330.1244(e), and 330.1842, while rulemaking is  
permissive under MCL 330.1114.  
MCL 24.239  
RFR-Page 2  
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?  
MDHHS Administrative Policies for Facilities.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules will be listed on the department’s annual regulatory plan as rules to be processed for the  
current year.  
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.  
Yes, mental health providers have recommended changes to allow for expansion of prescribers  
that can order medications for administration.  
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 evaluated in 2007. The rules are outdated and need to be updated or rescinded  
to align with current practice.  
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 is a 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.  
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  
Order No. 2019-6.  
MCL 24.239  
;