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21741, and 21795 of the public health code, 1978 PA 368, MCL 333.20115, 333.20131,
333.20132, 333.20141, 333.20171,333.20727, 333.21419, 333.21521, 333.21523, 333.21561,
333.21562, 333.21563, 333.21615, 333.21741, and 333.21795, and Executive Reorganization
Order Nos. 1994-1, 1996-1, 1997-4, 2003-1, 2009-20, 2011-4, and 2015-1, MCL 333.26322,
330.3101, 333.26324, 445.2011, 333.26366, 445.2030, and 400.227.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,
please explain.
Article 17 of the Public Health Code includes 15 sections that mandate the department to
establish a comprehensive system of licensure and certification for health facilities or agencies
and to promulgate rules to administer this program. Section 20131 (MCL 333.20131) is the
cornerstone; it requires the department to establish the program. Section 20171 (MCL
333.20171) requires the department to promulgate and enforce rules to implement Article 17.
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 department is not aware of any rules, compliance requirements, or other standards adopted at
the state, regional, or federal level that these rules would conflict with or duplicate.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The subject matter is not currently contained in any guidance, handbook, manual, instruction 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, the rules are listed on the department’s 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.
This rule set does 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 rules do not incorporate recommendations received from the public regarding complaints or
comments as the addition of freestanding birth centers is a new type of license.
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 revised 4/1/24. Technology, economic conditions, or other factors have not
changed the regulatory activity covered by the rules 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?
There are no changes or developments 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.
No
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