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Rule Revisions for Licensing and Regulatory Affairs

2015-027 LR

Securities
(Licensing and Regulatory Affairs , Corporations, Securities, & Commercial Licensing)

In 2008 the Uniform Securities Act, 1964 PA 264, was repealed and replaced with the Uniform Securities Act (2002), 2008 PA 551. The act requires the department to promulgate rules and this new rule set will meet that statutory requirement. The Uniform Securities Act (2002) was amended in 2013 by 2013 PA 264 to permit the Department to promulgate rules to implement the provisions of section 202a, and in 2014 by 2014 PA 355, to permit the Department to promulgate rules that the administrator considers necessary to administer Article 4a of the Uniform Securities Act.


2015-060 LR

Underground Storage Tank Regulations
(Licensing and Regulatory Affairs , Bureau of Fire Services)

The current rules were promulgated in 1998 and updated in 2008 and 2012. The Federal Environmental Protection Agency (EPA) recently revised the underground storage tank regulation and the state program approval regulation, which are the bases for Michigan’s underground storage tank rules. The federal regulations, which go into effect October 13, 2015, will update these regulations and will establish federal requirements that are similar to key portions of the Energy Policy Act of 2005. The amendments and additions to Michigan’s rules reflect changes in the EPA rules requirements.


2015-086 LR

Architects
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The current rules reference documents from the National Architectural Accrediting Board (NAAB) and the National Council of Architectural Registration Boards (NCARB), both of which have been updated by those organizations. The outdated rules are potentially prohibitive of the licensure process in Michigan as compared to other states.


2016-057 LR

Michigan Gas Safety Standards
(Licensing and Regulatory Affairs , Public Service Commission)

In order for Michigan to maintain jurisdiction over gas pipeline facilities and transportation, the state must certify that it has adopted each applicable federal standard, or is taking steps to adopt that standard, 49 USC 60105(b)(2). Failure to adopt the updates to the federal standards will eventually lead to reduction or termination of federal funding to the state to carry out enforcement of these standards. In addition, failure to maintain local jurisdiction over pipeline regulation will mean that pipelines located in Michigan will be forced to submit to federal regulators located in Washington D.C. or other out-of-state locations. Thus, the primary purpose of these amendments is to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments may also make minor changes to Michigan rules so that the language in these rules conforms more closely to the federal rules.


2017-001 LR

Construction Code – Part 8. Electrical Code Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

Part 8 of the Construction Code currently adopts by reference the 2014 edition of the National Electrical Code (NEC), which establishes standards for the safe installation of electrical wiring and equipment. Part 8 also includes rules that amend the NEC to address electrical practices that are specific to Michigan. The 2017 version of the NEC, which is the most current edition, contains provisions relating to revised standards and new materials. The proposed rules will adopt by reference the 2017 edition of the NEC with amendments, deletions, and additions deemed necessary for use in Michigan.


2017-002 LR

Board of Acupuncture - General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

These rules provide for the registration of acupuncturists.


2017-003 LR

Preservation of Records of Electric, Gas, And Water Utilities
(Licensing and Regulatory Affairs , Public Service Commission)

The purpose of the rules revision is to rescind or revise references to outdated methods of record-keeping and retention, and include currently used methods, such as electronic storage. The rules were last revised in the 1980s and are not consistent with current modes of record storage. For example, the rules refer to punch cards which are no longer used.


2017-009 LR

Michigan Boiler Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the Boiler Act of 1965, 1965 PA 290, MCL 408.751 to 408.776. The repealed Boiler Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Boiler Act and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate licensing statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the Boiler Act of 1965 was repealed, the bureau plans to rescind the licensing rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the boiler rules.


2017-010 LR

License Examination Procedures
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the Forbes Mechanical Contractors Act, 1984 PA 192, MCL 338.971 to 338.988. The Mechanical Contractors Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Mechanical Contractors Act, and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate licensing statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the Mechanical Contractors Act was repealed, the bureau plans to rescind the license examination procedure rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the license examination procedure rules.


2017-011 LR

Building Officials, Plan Reviewers, and Inspectors
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the Building Officials and Inspectors Registration Act, 1986 PA 54, MCL 338.2301 to 338.2313. The repealed Building Officials and Inspectors Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Building Officials and Inspectors Registration Act and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the Building Officials and Inspectors Act was repealed, the bureau plans to rescind the licensing rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the building officials, plan reviewers, and inspectors rules.


2017-012 LR

Electrical Administrative Board General Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the Electrical Administrative Act, 1956 PA 217, MCL 338.881 to 338.892. The Electrical Administrative Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Electrical Administrative Act, and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate statutes. The Skilled Trades Regulation Act, PA 407 of 2016, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the Electrical Administrative Act was repealed, the bureau plans to rescind the licensing rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the electrical administrative board general rules.


2017-013 LR

State Plumbing Board License Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the State Plumbing Act, 2002 PA 733, MCL 338.3511 to MCL 338.3569. The repealed Plumbing Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Plumbing Act, and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate licensing statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the State Plumbing Act was repealed, the bureau plans to rescind the licensing rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the plumbing board licenses rules.


2017-014 LR

Skilled Trades Regulation
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, MCL 338.3511 to MCL 338.3569, repealed the following acts: • The Boiler Act of 1965, 1965 PA 290, MCL 408.751 to 408.776. • The State Plumbing Act, 2002 PA 733, MCL 338.3511 to 338.3569. • The Forbes Mechanical Contractors Act, 1984 PA 192, MCL 338.971 to 338.988. • The Electrical Administrative Act, 1956 PA 217, MCL 338.881 to 338.892. • The Building Officials and Inspectors Registration Act, 1986 PA 54, MCL 338.2301 to 338.2313. The repealed acts are outdated and do not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering these acts, and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. While the Skilled Trades Regulation Act repealed the five Acts that regulated certain skilled trades, this new Act includes provisions to regulate those same skilled trades. Consequently, the bureau is promulgating a new rule set to regulate these skilled trades, as provided under the new Act. In addition, the bureau has submitted separate RFRs to rescind the current rules that were promulgated under the authority of the five Acts that have been repealed.


2017-016 LR

Responsibilities of Providers of Basic Local Exchange Service that Cease to Provide the Service
(Licensing and Regulatory Affairs , Public Service Commission)

The proposed rules will address the responsibilities of providers of basic local exchange service that cease to provide the service to any segment of end users or geographic area; go out of business; or, withdraw from the state, including the transfer of customers to other providers and the reclaiming of unused telephone numbers. Specifically, the proposed rules will address the roles and responsibilities of retail and wholesale providers that are involved in interconnection disputes with each other, which may result in the disconnection of end-user customers.


2017-019 LR

Board of Veterinary Medicine - General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

Public Act 47 of 2016 requires veterinarians to complete a minimum of 45 hours of continuing education as a condition of license renewal. The proposed rules establish the activities that are recognized for continuing education credit and the number of continuing education hours permitted for each activity. Additionally, the relicensure requirements have been revised to incorporate the continuing education requirements. The relicensure requirements have also been revised to require an applicant to establish that he or she is of good moral character, and if the license has been lapsed for 3 years or more, the applicant must submit to a criminal history check. Further rule revisions have been made to provide for clarity.


2017-020 LR

Veterinary Technician Licensure
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

Public Act 47 of 2016 requires veterinary technicians to complete a minimum of 15 hours of continuing education as a condition of license renewal. The proposed rules establish the activities that are recognized for continuing education credit and the number of continuing education hours permitted for each activity. Additionally, the relicensure requirements have been revised to incorporate the continuing education requirements. The relicensure requirements have also been revised to require an applicant to establish that he or she is of good moral character, and if the license has been lapsed for 3 years or more, the applicant must submit to a criminal history check. Further rule revisions have been made to provide for clarity.


2017-025 LR

Licensing Qualifications - SDD License; prohibited issuance or transfer
(Licensing and Regulatory Affairs , Liquor Control Commission)

The rescission of R 436.1133 will remedy a statutory conflict with MCL 436.1533 of the Michigan Liquor Control Code of 1998. The language of a statute expresses the Legislature’s intent; the omission of a provision is considered intentional. Statutory changes effective 8/24/2016 left intact the only existing location criteria: the Commission’s express authority in MCL 436.1533(4) to waive the number of licenses based on the population quota, to issue more licenses than allowed by that quota, “if there is no existing specially designated distributor licensee within 2 miles of the applicant, measured along the nearest traffic route”.


2017-027 LR

Board of Real Estate Appraisers
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)


2017-037 LR

Board of Nursing – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

Part 2 of the nursing rules pertains to licensure of registered professional nurses and licensed practical nurses. The current rules are being revised to permit an applicant for licensure as a registered professional nurse or a licensed practical nurse, who is a graduate of a nursing program that is located outside of the United States, to be eligible to take the national licensure examination if the program has been certified by the Commission on Graduates of Foreign Nursing Schools. Further, the rules for registered professional nurses and licensed practical nurses establish requirements for taking the national registered nurse or licensed practical nurse examination. The current provisions on when and the number of times an applicant may take an examination are being revised. The proposed amendments ensure consistency in the requirements for examination, endorsement, and foreign graduate certification for each of these professions.


2017-038 LR

Public Health Code – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The General Rules establish the specific date that a license or registration renewal period begins or ends for health professions on a biennial renewal period.


2017-040 LR

Workers' Compensation Health Care Services Rules
(Licensing and Regulatory Affairs , Workers Compensation Agency)

The HCS Rules are updated annually in order to provide the Agency’s external customers with updated health care fee schedules for reimbursement to providers for treatment of injured workers, and to guide providers and payers on the scope of reimbursement. The HCS rules must maintain consistency with the most recent medical indexes, billing codes and fee schedules published by Medicare and other entities, in a timely fashion.


2017-042 LR

Medical Marihuana Facilities
(Licensing and Regulatory Affairs , Bureau of Medical Marihuana Regulation)

The Medical Marihuana Facilities Licensing Act (MMFLA), 2016 PA 281, provides for the licensure and regulation of medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities. Section 206 of the Act, MCL 333.27206, requires the Department, in consultation with the Medical Marihuana Licensing Board, to promulgate rules to implement, administer, and enforce the Act. This section also requires that the rules ensure the safety, security, and integrity of the operation of marihuana facilities.


2017-043 LR

Medical Marihuana Tracking
(Licensing and Regulatory Affairs , Bureau of Medical Marihuana Regulation)

The Marihuana Tracking Act, 2016 PA 282 (MCL 333.27901 to 333.27904) requires the Department of Licensing and Regulatory Affairs (LARA) to establish a statewide monitoring system for use as an integrated marihuana tracking, inventory, and verification system.


2017-045 LR

Real Estate Brokers and Salespersons
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

2016 Public Act 502 amended Article 25 of the Occupational Code, which regulates real estate brokers, real estate associate brokers, and real estate salespersons, including requiring the licensure of these professions. The Act took effect on March 29, 2017. As a result of this Act, some of the rules real estate brokers and sales persons that were in effect prior to Public Act 502 were partially or completely codified into the Code or were rescinded by the Act. The purpose of the proposed rules is to remove the portions of the rules that are now duplicative of statute; clarify licensing matters pertaining to relicensure and continuing education; and provide new rules that were mandated by the Act.


2017-059 LR

Part 63. Pulp, Paper, and Paperboard Mills
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 63 Pulp, Paper, and Paperboard Mills gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using pulp, paper, and paperboard mills. These rules will amend the state specific version of the recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards. In addition, minor editorial and formatting changes are being made.


2017-061 LR

Part 94 Textiles
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 94 Textiles gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using textiles. These rules will amend the state specific version of the recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards. In addition, minor editorial and formatting changes are being made.


2017-065 LR

Part 58. Aerial Work Platforms
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 58 Aerial Work Platforms gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using aerial work platforms. These rules will amend the state specific version of the recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards. In addition, minor editorial and formatting changes are being made.


2017-067 LR

Occupational Code - Renewals
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The Occupational Code Renewals establish the specific date that a license or registration renewal period begins or ends for occupations on a biennial renewal period. R 339.1003 – This rule sets forth expiration dates for certain occupations, including accountancy, which have a license or registration that expires on a 2-year cycle. The revision modifies the date of renewal for accountancy licenses to 2 years from July 31 instead of December 31. Further, R 339.2003(2) is being rescinded as the change in the renewal date to 7/31 makes this section duplicative.


2017-073 LR

Ski Area Safety
(Licensing and Regulatory Affairs , Corporations, Securities, & Commercial Licensing)

R 408.65 is being revised to update a reference to the American National Standards Institute (ANSI) standard B77.1 on safety requirements for passenger ropeways – aerial tramways, aerial lifts, surface lifts, tows and conveyors that is adopted by reference in this rule. R 408.92 requires when a ski area is open for skiing and any ski run, slope, or trail, is closed to skiing, the ski area operator must mark the top of, or entrance to, each closed run, slope or trail with a sign and a fiber rope with flags or mesh tape, or a fence that meets the requirements specified in the rule. The rule is being revised to require that when less than an entire run, slope, or trail is closed, the ski area operator will have to mark the portion of the run, slope, or trail that is closed in compliance with the rule’s requirements.


2017-081 LR

State Boundary Commission -- General Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The bureau is rescinding the State Boundary Commission rules as they go beyond the scope of the State Boundary Commission Act (1968 PA 191, MCL 123.1001 to 123.1020).


2017-084 LR

Part 14. Tunnels, Shafts, Caissons and Cofferdams
(Licensing and Regulatory Affairs , MIOSHA)

CS Part 14 Tunnels, Shafts, Caissons, and Cofferdams gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using tunnels, shafts, caissons, and cofferdams.


2017-085 LR

Storage and Handling of Gaseous and Liquefied Hydrogen Systems
(Licensing and Regulatory Affairs , Bureau of Fire Services)

These rules apply to the storage and handling of all gaseous and liquefied hydrogen systems and are intended to address fire safety issues regarding these systems. The existing rules adopt by reference the National Fire Protection Association (NFPA) pamphlet 50A, 1999 edition and NFPA pamphlet 50B, 1999 edition. The proposed rules will rescind the current rules (R 29.7001 – R 29.7127) and adopt by reference NFPA 2, 2016 edition, with the addition of Michigan specific administrative amendments.


2017-086 LR

Board of Massage Therapy – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The general purpose of these rules provides educational, licensure, and continuing education requirements. The proposed rules rescind the existing rules and reorganize them into a logical sequence.


2017-087 LR

Residential Builders and Maintenance and Alteration Contractors
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The existing rules regulate residential builders and residential maintenance and alteration contractors. The current rules are being revised to fix a typographical error, rescind a moot rule, clarify the department’s role in instructor qualification review and continuing competency requirements, and update a rule for consistency with the Occupational Code.


2017-088 LR

Telecommunications Industry
(Licensing and Regulatory Affairs , MIOSHA)

These rules are no longer applicable since their authority conferred on the occupational health standards commission by section 24 of Act No. 154 of the Public Acts of 1974, being MCL 408.1024, was removed effective December 27, 2012.


2017-091 LR

Technical Standards for Electric Service
(Licensing and Regulatory Affairs , Public Service Commission)

These rules apply to electric utility service provided by utilities that are subject to the jurisdiction of the Public Service Commission. The rules are intended to promote safe and adequate electric service to the public, to provide standards for uniform and reasonable electric practices by utilities, and to encourage efficiency and safety. Changes to these rules are supported by the Commission and by regulated industry. Because the current rules have not been revised in more than a decade, the Commission believes it is important to update the technical standards for electric service to reflect the emerging technological advancements in the area of metering, metering equipment inspections, and tests. In addition, the Commission proposes removing references to obsolete equipment from the existing rules. The Commission also proposes to add a rule addressing cybersecurity and uniform reporting practices for the utilities. The Commission believes that a new cybersecurity rule is necessary because cybersecurity threats challenge the reliability, resiliency, and safety of the electric grid, and because utility spending to address cyber vulnerabilities can impact the bills that customers pay.


2017-094 LR

Board of Social Work - General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

Part 1 of the social work rules pertains to definitions, educational standards adopted by reference, adoption of the social work examination, and the requirements and standards for identifying victims of human trafficking training. The current rules are being revised to fix typographical errors, update accrediting agency information, and clarify the existing language regarding the social work examination.


2017-095 LR

Complaints
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide the process for receiving and handling complaints filed against a health facility. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and to reflect the current organization of state licensing functions.


2017-096 LR

Public Inspection of License Records
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide for the public inspection and copying of license records for health facilities. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and to reflect the current organization of state licensing functions.


2017-097 LR

Hospice Licensure Rules
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide the licensing regulations for hospice facilities, including establishing the standards for quality of care. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and reflect the current organization of state licensing functions.


2017-098 LR

Minimum Standards for Hospitals
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide the licensing regulations for hospitals, including establishing the standards for quality of care. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and reflect the current organization of state licensing functions.


2017-099 LR

Nursing Homes and Nursing Care Facilities
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide the licensing regulations for Nursing Homes and Nursing Care facilities, including establishing the standards for quality of care. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and reflect the current organization of state licensing functions.


2017-100 LR

Freestanding Surgical Outpatient Facilities
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide for the licensing regulations of freestanding surgical outpatient facilities including establishing the standards for quality of care. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and to reflect the current organization of state licensing functions.


2017-101 LR

Licensing Health Facilities or Agencies
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

There are six rule sets for licensing health facilities and agencies. Although most of them have undergone periodic review and revision, it has been too long since a comprehensive review and revision was done to assure they comport with current practice standards, to harmonize them with current federal law and regulations, and to reflect the current organization of state licensing functions. Some of these rules are obsolete and there is a significant amount of duplication between rule sets. The purpose of promulgating a single new rule set for health facility licensing is to better protect the health, safety, and welfare of individuals receiving care and services in or from a health facility or agency, and to assure the medical accountability for reimbursed care provided by a certified health facility or agency participating in a federal or state health program. The new rule set will focus on core principles and standards of health facility licensing; fulfill statutory requirements; comport with current practice standards; harmonize with federal law and regulations; and, be free of redundant, obsolete, or unnecessary language. The new rule set will replace the following six rule sets.


2018-001 LR

Consumer Standards And Billing Practices For Electric And Gas Residential Service
(Licensing and Regulatory Affairs , Public Service Commission)

These billing rules lay out the parameters and practices regulated utilities must follow in billing customers for electric and natural gas utility service. The rules concern applying for service, customer deposits, meter reading procedures, meter accuracy and errors, billing and payment standards, voluntary termination of service, complaint procedures, procedures for shutoff and restoration of service, energy assistance and shutoff protection programs, dispute resolution, and commission appeal procedures. The rules strike a balance between protecting consumers from discriminatory or predatory billing and service practices while at the same time safeguarding regulated utilities’ rights to receive payment for utility service rendered.


2018-002 LR

Code of Conduct
(Licensing and Regulatory Affairs , Public Service Commission)

“The commission shall establish a code of conduct that applies to all utilities. The code of conduct shall include, but is not limited to, measures to prevent cross-subsidization, preferential treatment, and, except as otherwise provided under this section, information sharing, between a utility's regulated electric, steam, or natural gas services and unregulated programs and services, whether those services are provided by the utility or the utility's affiliated entities. The code of conduct established under this section is also applicable to electric utilities and alternative electric suppliers consistent with sections 10 through 10cc.” Thus, the PSC is required by the new energy legislation to establish a code of conduct that will ensure that the unregulated affiliates, divisions, or departments of a regulated utility do not receive preferential treatment that could result in harm to the public interest by unduly restraining trade or competition in the unregulated market. In the absence of a code of conduct, a regulated utility could share, for example, assets, employees, facilities, and customer information with affiliates, divisions, or departments that are unregulated and that compete in the open market for customers, without sharing the same assets, employees, facilities, or customer information with other businesses offering the same service or program.


2018-003 LR

Part 11. Fixed and Portable Ladders
(Licensing and Regulatory Affairs , MIOSHA)

CS Part 11 Fixed and Portable Ladders gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using fixed and portable ladders. These rules will amend the state specific version of the recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards. In addition, minor editorial and formatting changes are being made, including changing the title of the standard.


2018-009 LR

Health Care Facilities Fire Safety Rules
(Licensing and Regulatory Affairs , Bureau of Fire Services)

The general purpose of these rules is to provide fire safety in new and existing health care facilities and mental health care facilities by providing regulatory enforcement of the fire safety requirements for freestanding surgical outpatient facilities, hospitals, nursing homes, homes for the aged, hospice facilities, county medical care facilities, psychiatric hospitals and psychiatric units pursuant to the provisions of MCL 29.21c and ERO 2008-4, MCL 445.2025. The proposed rule amendments are intended to address the new requirements set forth in Public Act 167 of 2017. Public Act 167 requires that the Bureau of Fire Services amend the current Health Facilities Fire Safety Rules to allow existing non-licensed home for the aged facilities to be reviewed and inspected to comply with the provisions of chapter 18 or 19 or chapter 32 or 33 of the National Fire Protection Association standard number 101. Currently the health care facilities fire safety rules do not adopt chapters 32 or 33.