R 338.1601b The proposed change to this rule will inform an individual that conduct prior to licensure, registration,
relicensure, or reregistration may be the basis for the disciplinary subcommittee to impose a sanction. Without the
proposed rule change the individual may be unaware that they may be subject to a sanction.
R 338.1602a The proposed changes to this rule will inform an individual of his or her duties following the expiration,
lapse, suspension, revocation, or surrender of a license or registration. The proposed changes will also advise the
individual of his or her duties if he or she applies for relicensure or reregistration. The proposed changes are intended
to inform a former licensee or registrant of his or her duties to disclose information. The purpose of the proposed
changes cannot be accomplished without a rule change.
R 338.1604 The proposed changes to this rule will advise a licensee or registrant that the department may conduct a
review of all allegations or historical records to determine if reasonable grounds for an investigation exist. They will
also clarify statutory references and advise that an investigation may encompass violations there were not initially
identified. The changes are intended to advise a respondent of investigative procedures that may be used, which
cannot be accomplished with a rule change.
R 338.1607a The proposed changes to this rule will permit an administrative complaint to be amended at any time.
The charges are intended to advise a respondent that an administrative complaint may be amended before hearing.
The intended purpose cannot be achieved without a rule change.
R 338.1610 This is a new proposed rule. The proposed rule provides that an individual who receives a cease and
desist order that failure to request a hearing within 30 days will result in the order becoming final without further
proceedings. It will also provide for an informal conference before the hearing, if the parties determine that it will
assist in the resolution of the matter. The addition of this proposed rule is necessary to inform an individual of the
actions available when a cease and desist order is issued.
R 338.1630 This rule pertains to final orders. The proposed amendment to the rules provide statutory references to
sections that permit the disciplinary subcommittee to consider prior final orders in determining an appropriate
sanction. The rule is intended to provide clarity regarding the process for rendering a sanction and this cannot be
accomplished without amending this rule.
8. Describe how the proposed rules protect the health, safety, and welfare of Michigan citizens while promoting a
regulatory environment in Michigan that is the least burdensome alternative for those required to comply.
The proposed rules provide a regulatory mechanism for the administration of disciplinary matters for a violation of the
Public Health Code. To protect the public, it is important that members of the health care professions adhere to the
Public Health Code and applicable administrative rules.
9. Describe any rules in the affected rule set that are obsolete or unnecessary and can be rescinded.
No rules will be rescinded.
Fiscal Impact on the Agency
Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e. hiring additional staff,
higher contract costs, programming costs, changes in reimbursements rates, etc. over and above what is currently
expended for that function. It does not include more intangible costs for benefits, such as opportunity costs, the value of
time saved or lost, etc., unless those issues result in a measurable impact on expenditures.
10. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings
for the agency promulgating the rule).
The proposed rules are not expected to have a fiscal impact on the agency.
11. Describe whether or not an agency appropriation has been made or a funding source provided for any
expenditures associated with the proposed rules.
No agency appropriation has been made nor has a funding source been provided for expenditures associated with the