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:  
Nursing - General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.10101 – R 338.10705  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Jennifer Shaltry  
E-mail of person filling out RFR:  
ShaltryJ1@michigan.gov  
Phone number of person filling out RFR:  
517-241-3085  
Address of person filling out RFR:  
611 W. Ottawa Street, 3rd. Floor, 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 purpose of the Nursing - General Rules is to regulate the prelicensure education, licensure,  
specialty certification, licensure renewal, relicensure, continuing education for licensed nurses,  
and the nursing professional fund scholarship program.  
The rules will be amended to provide clarity pertaining to licensure requirements, nursing  
education program requirements, nurse specialty certification, and continuing education. The rules  
will be reviewed for updates to accommodate a 3-year license renewal cycle instead of a 2-year  
cycle. Further, all rules will be reviewed, updated, and revised for clarity as needed.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The department in consultation with the board.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 333.16145; MCL 333.16148; MCL 333.16174; MCL 333.16178; MCL 333.16181; MCL  
333.16182; MCL 333.16186; MCL 333.16201; MCL 333.16204; MCL 333.16205; MCL  
333.16211; MCL 333.16215; MCL 333.16287; MCL 333.17210; MCL 333.17213; MCL  
333.17241; 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.  
MCL 333.16148 requires the department to promulgate rules to include training standards for  
identifying victims of human trafficking.  
MCL 333.16287 requires the department, in consultation with the board, to promulgate rules to  
implement telehealth services.  
MCL 333.16204 requires the board to promulgate rules requiring each applicant for license  
renewal to complete as part of the continuing education requirement an appropriate number of  
hours or courses in pain and symptom management.  
MCL 333.17210 requires the board to promulgate rules establishing the qualifications for the  
training and competency of a clinical nurse specialist.  
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 establishes its own requirements with respect to the licensing requirements of nursing,  
nursing educational programs, and nursing scholarships. 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 the proposed 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 Department will work with associations, related businesses, and lobbyists in preparing the  
proposed rules.  
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 promulgated on May 8, 2024. There have been no technological factors, economic  
conditions or other factors that would necessitate 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?  
MCL 24.239  
RFR-Page 3  
No, there are no changes or developments since implementation of the rules that demonstrate there  
is no continued need for the rules, or any portion of 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.  
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  
;