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:  
Podiatric Medicine and Surgery – General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.8101 – R 338.8153  
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 podiatrists.  
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 authorize the board to promulgate rules.  
MCL 333.16148, MCL 333.16287, MCL 333.18031, MCL 333.18033, and MCL 333.18050  
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  
MCL 333.16141; MCL 333.16145; MCL 333.16148; MCL 333.16174; MCL 333.16186; MCL  
333.16204; MCL 333.16205; MCL 333.16287; MCL 333.18031; MCL 333.18033; MCL  
333.18050; 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 333.18033(1), notwithstanding the requirements of part 161, the department, in  
consultation with the board, shall, by rule, prescribe continuing education requirements as a  
condition of license renewal.  
Under MCL 333.18033(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 333.18033 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 podiatrists. 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  
MCL 24.239  
RFR-Page 3  
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 Podiatric Medicine and Surgery will receive comments from the public,  
associations, and licensees during the promulgation process. The Board of Podiatric Medicine and  
Surgery 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  
;