Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
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:  
Pharmacy Technicians  
5. Rule numbers or rule set range of numbers:  
R 338.3651 – R 338.3665  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Jennifer Shaltry  
Email of person filling out RFR:  
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 Pharmacy Technicians Rules is to regulate the prelicensure programs,  
examinations, licensure, license renewal, relicensure, continuing education, and delegation of  
activities and functions for pharmacy technicians.  
The rules will be amended to supply clarity on the requirements for prelicensure programs,  
examinations, licensure, license renewal, relicensure, continuing education, and delegation of  
activities and functions for pharmacy technicians.  
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 333.16184; MCL 333.16186; MCL 333.16201; MCL  
333.16204; MCL 333.16205; MCL 333.16215; MCL 333.17731; MCL 333.17739; MCL  
333.17739a; MCL 333.17739b; Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1,  
and 2011-4, MCL 338.3501, MCL 445.2001, MCL 445.2011, and MCL 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
MCL 333.16145 requires that, except as provided in a specific part of article 15, only a board or  
task force shall promulgate rules to specify requirements for licenses, registrations, renewals,  
MCL 24.239  
RFR-Page 2  
examinations, and required passing scores.  
MCL 333.16148 requires training standards for identifying victims of human trafficking.  
MCL 333.16204 states that if a board requires completion of continuing education as a  
condition for renewal, it shall require an appropriate number of hours or courses in pain and  
symptom management.  
MCL 333.17731 mandates rules requiring each applicant for license renewal to complete as  
part of the continuing education or proficiency examination requirement an appropriate number  
of hours or courses in pain and symptom management.  
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 rules will be reviewed to supply clarity on the delegation of activities and functions for pharmacy  
technicians. Once the Pharmacy – General Rules are promulgated, pharmacists will have the ability  
to order and administer qualified immunizations pursuant to MCL 333.17724 and order and  
administer qualified laboratory tests and dispense a drug without a prescription based on the test  
result pursuant to MCL 333.17724a. Therefore, a review of this rule set to address the delegation of  
the administration of vaccines, COVID-19 therapeutics, and laboratory tests is anticipated.  
Qualified pharmacy technicians are currently authorized to administer certain vaccines, COVID-19  
therapeutics, and COVID-19 tests in accordance with the 12th Amendment to Declaration Under the  
Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-  
19, 89 Fed. Reg. 99875 (Dec. 11, 2024), until December 31, 2029.  
Taking into consideration the federal regulation referenced above, each state establishes its own  
requirements with respect to the licensing requirements of pharmacy technicians. There are no other  
known laws, rules or other legal requirements that conflict with or duplicate the proposed rules.  
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?  
No. The rules are not included in the 2025-2026 Annual Regulatory Plan. However, they will be  
included in the upcoming 2026-2027 Annual Regulatory Plan.  
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act  
of 1969, 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 are not expected to 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.  
Yes. The Department works with various associations, pharmacies, lobbyists, and members of the  
public 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 last amended effective October 2, 2023. There have been no technological factors,  
economic conditions or other factors that would necessitate amendment of the rules.  
MCL 24.239  
RFR-Page 3  
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 Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
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