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:  
Counseling – General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.1751 – R 338.1781  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Weston MacIntosh  
E-mail of person filling out RFR:  
MacIntoshW1@michigan.gov  
Phone number of person filling out RFR:  
517-241-9269  
Address of person filling out RFR:  
611 W. Ottawa St.  
P.O. Box 30670  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Counseling – General Rules pertain to definitions, accreditation, educational training, human  
trafficking training, licensure, limited licenses, examinations, relicensure, renewal, and  
supervision, for professional counselors.  
Amendment of the rules will take place to supply necessary revisions on definitions, telehealth,  
accreditation, educational training, human trafficking training, licensure, limited licenses,  
examinations, relicensure, renewal, and supervision for professional counselors.  
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 333.16174 authorize the board to promulgate rules.  
MCL 333.16148, MCL 333.16287, MCL 333.18106, MCL 333.18107, and MCL 333.18111  
authorize the department, in consultation with the board, to promulgate rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
333.16141; 333.16145; 333.16148; 333.16174; 333.16287; 333.18106; 333.18107; 333.18111;  
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.  
MCL 24.239  
RFR-Page 2  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Yes, 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 333.18106, a licensed  
professional counselor shall not supervise a limited licensed counselor without completing  
training in supervision as required by rules promulgated by the department in consultation with the  
board. Under MCL 333.18107, the department in consultation with the board shall promulgate  
rules to establish standards to approve qualified programs. Under MCL 333.18111, the  
department in consultation with the board shall promulgate rules to establish standards to approve  
qualified programs.  
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 professional counselors. 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.  
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 Counseling will receive comments from the public, associations, and licensees. The  
Board of Counseling 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 Department last amended the rules on April 26, 2023. There have been no technological  
factors, economic conditions, or other factors that would require amendment of the 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?  
No, there are no changes or developments since implementation of the last rule set that  
demonstrates 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  
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  
;