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 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:  
Marie Kone  
E-mail of person filling out RFR:  
KoneM@michigan.gov  
Phone number of person filling out RFR:  
517-335-3396  
Address of person filling out RFR:  
611 West Ottawa, Lansing, MI 48909  
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.  
MCL 24.239  
RFR-Page 2  
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 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, 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.  
MCL 24.239  
RFR-Page 3  
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  
;