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 Community and Health Systems  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Substance Use Disorder Service Program  
5. Rule numbers or rule set range of numbers:  
R 325.1301 - R 325.1399  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Kyle Neff  
Email of person filling out RFR:  
NeffK2@michigan.gov  
Phone number of person filling out RFR:  
517-241-0274  
Address of person filling out RFR:  
Ottawa Building  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Substance Use Disorder Programs Administrative Rules provide for the regulation of substance  
use disorder programs. Proposed changes primarily relate to deregulation of outpatient counseling  
services, adding requirements to ensure recipients that need to self-administer medicines are allowed  
to do so and not denied admission to treatment programs, such as recipients with Hemophilia, and  
other minor technical changes to comport with current licensing oversight and practices.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
Section 6234 of 1978 PA 368 as amended, MCL 333.6234, authorizes the Department of Licensing  
and Regulatory Affairs to promulgate rules for the licensing of substance use disorders service  
programs.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Section 6234 of 1978 PA 368 as amended, MCL 333.6234, authorizes the Department of  
Licensing and Regulatory Affairs to promulgate rules for the licensing of substance use  
disorders service programs. The following executive reorganization orders (E.R.O. No.) also  
provide promulgation authority for these rules, E.R.O. No.: 1991-3, 1994-1, 1996-1, 1996-2,  
1997-4, 2009-1, and 2011-4, MCL 333.26321, 333.26322, 330.3101, 445.2001, 333.26324,  
333.26327, and 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
The rules are not mandated by constitutional or statutory provisions. MCL 333.6234 states  
that, “The department may promulgate rules under the administrative procedures act of 1969  
MCL 24.239  
RFR-Page 2  
for the administration of this part and the licensing of substance use disorder services programs  
under this part. Rules promulgated under former section 6231 relating to the licensing of  
substance use disorder services programs remain effective and applicable on and after the  
effective date of this section until rules are promulgated by the department under this section.”  
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 proposed rules will 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 is not currently contained in any guidance, handbook, manual, instructional  
bulletin, form with instructions, or operational memorandum.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for  
the current year?  
Promulgation of these rules are included in the LARA Annual Regulatory Plan.  
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 will 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 proposed changes are the result of input from licensed providers and various associations to  
eliminate the need to regulate outpatient counseling services as these providers are already licensed  
by the state under the Public Health Code, Article 15, or certified by the state’s only recognized  
certification organization, Michigan Certification Board for Addiction Professionals (MCBAP). This  
proposed change eliminates what some consider a duplicate and unnecessary license. The other  
primary change was provided by the Michigan Bleeding Disorders Coalition.  
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.  
Rules were last revised June 26, 2023. Technology, economic conditions, or other factors have not  
changed the regulatory activity covered by the rules 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?  
There are no changes or developments that demonstrate there is no 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 Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;