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:  
Licensing Psychiatric Hospitals and Units  
5. Rule numbers or rule set range of numbers:  
R 330.1301 to R 330.1450  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Tammy Bagby  
E-mail of person filling out RFR:  
BagbyT@michigan.gov  
Phone number of person filling out RFR:  
517-243-9351  
Address of person filling out RFR:  
611 W. Ottawa, 1st Floor  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The new proposed Licensing Psychiatric Hospitals and Units administrative rules will provide for  
the licensing regulation of psychiatric hospitals/units, including establishing the standard of  
quality care requirements. The rules will comport with today’s practice standards, comply with  
current law and regulations, and reflect the current organization of state licensing functions.  
The current rule set, Licensing Facilities (2023-32 LR) will be rescinded.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Sections 114 and 136 of 1974 PA 258, the mental health code, authorize the Department of  
Licensing and Regulatory Affairs to promulgate the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
By authority conferred on the department of licensing and regulatory affairs by sections 114 and  
136 of the mental health code, 1974 PA 258, as amended MCL 330.1114, MCL 330.1136 and  
Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4 and 2011-4, MCL  
330.3101, 445.2001, 445.2011, 445.2025 and 445.2030 of the Michigan Compiled Laws.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
Section 136, MCL 330.1136 requires the director to promulgate rules to implement specified  
sections of the code for the maintenance and operation of psychiatric hospitals and psychiatric  
units as necessary to enable state or private facilities, or both to qualify for federal funds available  
for patient care or for construction and remodeling of facilities.  
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 department is not aware of any rules, compliance requirements, or other standards adopted at  
the state, regional, or federal level that these rules would conflict with or duplicate.  
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, instruction  
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?  
The rules are listed in the department’s 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.  
This rule set does 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.  
Promulgation of a new rule set is proposed because the current rule set (2025-32 LR) needs to be  
updated to comport with today’s practice standards and to reflect the current licensing  
organizational structure. The proposed rules are based on input from current state licensed  
providers and applicable professional associations covered by these rules, along with advocacy  
groups, and other state agencies. Input has been received and compiled from the Michigan  
Department of Health and Human Services Office of Recipient Rights and Behavioral Health,  
Michigan Health and Hospital Association, psychiatric associations, Michigan Nurses Association,  
and more than 14 covered hospitals.  
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.  
MCL 24.239  
RFR-Page 3  
The current rule set, Licensing of Facilities (2025-32 LR) will be rescinded and replaced with the  
proposed rules, Licensing Psychiatric Hospitals and Units (2025-33 LR). The current rules were  
last updated in 1990. However, most rules have not been revised since 1979. Technology,  
economic conditions, or other factors have not changed the regulatory activity covered by the rules  
since the last evaluation.  
As for technology changes, the most prominent is the use of electronic medical records and  
ligature risk reduction for physical plant requirements. These rules still require medical records to  
be maintained and secured no matter if electronic or in paper form and incorporates ligature risk  
reduction using the Facility Guidelines Institute (FGI) standards. There have been no significant  
changes in the economic conditions or reimbursement for these services. The capacity and number  
of providers has remained relatively stable. Finally, the standard of care as related to regulatory  
oversight has not changed significantly but the revised rules do put a greater emphasis on infection  
prevention and control. The primary revisions to these rules relate to having equal standards,  
processes, and requirements like other health facilities as required by the Public Health Code,  
MCL 333.20171(2) since most psychiatric licenses issued are for units within an acute care  
hospital. These proposed rules will bring equivalent standards to freestanding psychiatric hospitals  
as already applied to psychiatric units within acute care hospitals under the Public Health Code  
and related administrative rules.  
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 or  
any portion of the rules. The proposed rule set, Licensing Psychiatric Hospitals and Units (2025-  
33 LR) recodifies the current rules, Licensing Facilities, that are being rescinded under 2025-32  
LR. The proposed rules will comport with today’s practice standards, comply with current law and  
regulations, and reflect the current organization of state licensing functions.  
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  
;