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:

Optometry – General Rules

5. Rule numbers or rule set range of numbers:

R 338.301 – R 338.333

6. Estimated time frame:

12 months

Name of person filling out RFR:

Steven Sundeen

E-mail of person filling out RFR:

SundeenS@michigan.gov

Phone number of person filling out RFR:

517-241-4064

Address of person filling out RFR:

611 W. Ottawa St.

P.O. Box 30670

Lansing, Michigan 48909

7. Describe the general purpose of these rules, including any problems the changes are intended

to address.

This rule set pertains to the licensure, relicensure, and license renewals of optometrists.

The rules will be amended to clarify licensure and continuing education requirements. All rules

will be reviewed, revised, and redrafted as needed for clarity and to provide up-to-date

information.

8. Please cite the specific promulgation authority for the rules (i.e. department director,

commission, board, etc.).

MCL 333.16141 authorizes the department to promulgate rules.

MCL 333.16145 and MCL 333.16204 authorizes the board to promulgate rules.

MCL 333.16148, MCL 333.16287, and MCL 333.17431 authorize the department, in consultation

with the board, to promulgate rules.

A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).

MCL 24.239

RFR-Page 2

333.16141; 333.16145; 333.16148; 333.16174; 333.16186; 333.16204; 333.16205; 333.16287;

333.17431; Executive Reorganization Order No. 1991-9, MCL 338.3501; Executive

Reorganization Order No.1996-2, MCL 445.2001; Executive Reorganization Order No. 2003-1,

MCL 445.2011; and Executive Reorganization Order No. 2011-4, MCL 445.2030.

B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please

explain.

Yes, MCL 333.16145 requires the board to promulgate rules to specify the requirements for

licenses, renewals, examination, and required passing scores.

MCL 333.16148 requires the department to promulgate rules to include training standards for

identifying victims of human trafficking.

Under MCL 333.16204, effective for the renewal of licenses or registrations issued under article

15 and expiring after January 1, 1997, if the completion of continuing education is a condition for

renewal, the appropriate board shall by rule require an applicant for renewal to complete an

appropriate number of hours or courses in pain and symptom management.

Under MCL 333.16287, the department, in consultation with the board, shall promulgate rules to

implement MCL 333.16284 and MCL 333.16285.

Under MCL 333.17431(2), as required under section 16204, the department, in consultation with

the board, shall promulgate rules requiring each applicant for license renewal to complete as part

of the continuing education required under subsection (1) of MCL 333.17431 an appropriate

number of hours or courses in pain and symptom management.

There is no constitutional mandate.

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.

Each state sets up its own requirements with respect to optometrists. 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?

No. The subject matter of these rules is not currently contained in any guideline, 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.

MCL 24.239

RFR-Page 3

14. Do the rules incorporate the recommendations received from the public regarding any

complaints or comments regarding the rules? If yes, please explain.

The Board of Optometry will receive comments from the public, associations, and licensees

during the promulgation process. The Board of Optometry will hold Rules Committee Work

Group sessions with the public.

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 May 9, 2025. 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