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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In 2008 the Uniform Securities Act, 1964 PA 264, was repealed and replaced with the Uniform Securities Act (2002), 2008 PA 551.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.


2015-094 EQ

Environmental Contamination Response Activity
(Environmental Quality , Remediation and Redevelopment Division)

Pursuant to MCL 324.20120a, the DEQ is required to evaluate and revise the cleanup criteria derived under that Section. The evaluation must incorporate knowledge gained through research studies in the areas of fate and transport and risk assessment of hazardous substances, and shall take into account best practices from other states, reasonable and realistic conditions, and sound science. This rule package accomplishes that goal.


2016-051 NR

Nonmetallic Minerals Leased on State Lands
(Natural Resources , Office of Minerals Management)

These rules govern the leasing process for state-owned nonmetallic minerals resources. These rules have not been updated or otherwise amended since 1987. The proposed amendments will update the rules to clarify and simplify the leasing process.


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.


2017-006 EQ

Part 9. Emission Limitation and Prohibitions--Miscellaneous
(Environmental Quality , Air Quality Division)

The purpose of these rule revisions is to update material adopted by reference in R 336.1902; to correct a reference listed in R 336.1971; to correct emission limits in R 336.1973 to align with the federal emission limits; and to add R 336.1974 as a new rule for existing commercial and industrial solid waste incinerators.


2017-015 SP

Motor Carriers
(State Police , Traffic Safety Division)

The goals and purposes of the Motor Carriers rule set are to promote safety upon the public highways of this state, to provide for the supervision, regulation, and control the use of such highways by all motor vehicles operated by carriers of property for hire upon or over such highways, to preserve, foster, and regulate transportation and permit the coordination of motor vehicle transportation facilities, and to fix, alter, regulate, and determine rates, fares, charges, and prevent unjust discrimination. The Motor Carriers rule set has not been amended to reflect significant legislative changes made to the Motor Carrier Act, 1933 PA 254, MCL 475.1 et seq., by 2014 PA 493, making the rule set difficult with which to comply. In addition, the rules need to reflect the transfer of authority from the Michigan Public Service Commission to the Michigan Department of State Police.


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.


2017-042 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.


2017-046 HS

EMS Organization Licensure Rules
(Health and Human Services, Population Health and Community Services)

The rules address the service requirements of a life support agency, including ambulance operational standards in the State. The KKK-A-1822 standard was created by the General Services Administration of the United States Federal Government as a guideline for the proper construction of ambulances. These standards are subject to a sunset provision that will expire soon. R 325.22181 is subject to the sunset provision and will need to be revised as soon as possible. The EMS Coordination Committee has provided revised language to allow for nationally approved and accepted safety standards. The new language will not pigeon hole one set of nationally approved standards.


2017-058 SP

Criminal Justice Information Systems
(State Police , Criminal Justice Information Center)

The rules codify requirements for access, use, and disclosure of information in criminal justice information systems, including the law enforcement information network, the automated fingerprint information system, and other information systems related to criminal justice or law enforcement. The rules were last updated in June 2009. The Michigan State Police has identified certain definitions contained in R 28.5101 as being too broad, thereby creating confusion in determining what systems and what information are subject to these rules. The following definitions will be revised: “criminal justice information,” “criminal justice information systems,” and “other information systems.” The requirement that all agencies or entities having access to the Law Enforcement Information Network (LEIN) pay an annual fee is contained in R 28.5414; however, the Legislature is currently providing funding for LEIN services in the current MSP appropriations, Public Act 268 of 2016, and has required that the MSP maintain the LEIN.


2017-062 EQ

Part 4. Emissions Limitations and Prohibitions - Sulfur-Bearing Compounds
(Environmental Quality , Air Quality Division)

The purpose of the revisions to R 336.1401, R 336.1402, R 336.1404, and R 336.1420 is to update material adopted by reference. R 336.1440 is a new rule for controlling SO2 at large coal-burning power plants in St. Clair County and thereby meeting the SO2 State Implementation Plan requirements.


2017-068 EQ

Part 2. Air Use Approval
(Environmental Quality , Air Quality Division)

The DEQ requests to modify R 336.1224 and R 336.1226 by adding certain natural gas burning sources to be excluded from permitting requirements for Best Available Control Technology for Toxics (T-BACT) and health based screening levels. These sources are air pollution control equipment and fuel burning or natural gas-fired equipment with a natural gas usage rate of 50,000 cubic feet per hour or less, with vertical and unobstructed stacks that are at least 1.5 times the height of the building. Unlike the current exempted sources, these natural gas-burning sources will not be limited by building set back distances. The existing exemption is not useful to a large percentage of these sources. This proposed additional exemption will remedy that without impacting air quality. The DEQ also plans to add language to R 336.1285 to exempt the installation of vapor intrusion remediation equipment on small sources from the AQD permitting requirement. This exemption will allow these sources to install equipment more quickly.


2017-069 EQ

Part 8. Emission Limitations and Prohibitions-Oxides of Nitrogen (NOx)
(Environmental Quality , Air Quality Division)

The Part 8 rules were developed to address federal regulations referred to as the “NOx SIP Call” and the Clean Air Interstate Rule (CAIR), and to create an emissions trading program to reduce overall nitrogen oxides (NOx) concentrations for incorporation into Michigan’s State Implementation Plan (SIP). In 2015, implementation of Cross-State Air Pollution Rule (CSAPR), another federal regulation, replaced the federal CAIR. As such, CAIR references need to be removed from several Part 8 rules and/or updated to CSAPR. The trading program in the Part 8 rules is no longer applicable and must be removed.


2017-070 EQ

Part 18. Prevention of Significant Deterioration of Air Quality
(Environmental Quality , Air Quality Division)


2017-071 EQ

Part 19. New Source Review For Major Sources Impacting Nonattainment Areas
(Environmental Quality , Air Quality Division)

These rule revisions are intended to match federal requirements, correct grammatical errors and inconsistencies between Part 18 and Part 19, eliminate outdated compliance dates, and address the movement of references to another rule part. The Part 19 rules need to be updated to match the federal requirements for ozone offsets in nonattainment area permitting. In addition, there are inconsistencies in language between Part 18 and Part 19, which have some small, but potentially significant, wording differences that need to be corrected. Throughout the rules there are compliance dates that are outdated and are being removed for simplicity. Finally, adoptions by reference in this section are being moved to Part 9 of the air quality rules.


2017-075 TY

Horse Racing General Rules
(Treasury, Michigan Gaming Control Board)

The rules will provide the regulatory framework for conducting horse racing, pari-mutuel wagering on horse racing results, and simulcasting. The rule set will recognize the abolishment of the Office of Racing Commissioner and the Racing Commissioner to reflect the 2009 Executive Reorganization Order transferring all authority, powers, duties, and functions to the Michigan Gaming Control Board, specifically, the Executive Director of the Michigan Gaming Control Board; define new terms; reorganize defined terms; consolidate the occupational licensing process and standards; set procedures to register Certified Horsemens’ Organizations; authorize workouts or qualifying races at training centers; expand declaratory ruling procedures; set standards for weather related race cancellations; change rules related to medication levels and administration requirements to conform to national standards; modify trainer responsibilities; provide agency control of post-mortem examinations for horses; modify claiming procedures; specify required safety equipment for participants; reorganize rules related to possession and use of drugs and foreign substances, veterinarians lists, and denerving and shockwave therapy; redefine ownership interests; rescind and add various types of wagering; and, rescind rule related to simulcast purse pool distributions.


2017-076 TY

Michigan Competitive Scholarship Program
(Treasury, Student Financial Services Bureau)

MCL 390.973(3) of 1964 PA 208 mandates that the Michigan Higher Education Assistance Authority (Authority) shall promulgate rules for the conduct of examinations for the award of scholarships and the procedures for the awarding of annual renewal scholarships. In addition, MCL 390.979 directs that the Authority shall promulgate rules prescribing the reports to be made by the applicants awarded state competitive scholarships or annual renewal scholarships and the postsecondary institutions enrolling the applicants.


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.


2017-091 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.


2017-092 TY

Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16)
(Treasury, Michigan Gaming Control Board)

These rules will provide the regulatory framework for the licensing and operation of the three commercial casinos located in Detroit, their suppliers and employees. The rule set will eliminate the definitions of business or calendar day because the casinos operate 24 hours a day, 7 days a week; include standard industry acronyms for electronic gaming devices, random access memory, random number generator; remove the definition of public official because the term is not used in the rules; clarify persons authorized to carry weapons in casinos, and express permission to carry handcuffs by private casino security personnel is being eliminated; change the location of MGCB’s principal office from Lansing to Detroit; revise the requirements relating to the transfers of ownership, suspected criminal activity reporting, patron disputes procedures, application process, and revise exemptions from supplier licensing; modify the process to appeal a board decision; update the rules on surveillance, instruments of monetary value, conduct of gaming and gaming equipment, remove tokens, and movement of electronic gaming devices and live table games; revised parking space requirements; ensure processes are in place to prevent disassociated persons from participating in gaming activities.


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.


2018-008 MA

State Homes for Veterans
(Military & Veteran's Affairs, Veterans' Trust Fund Board of Trustees)

To provide procedural due process to members of the homes and the public; to assure continued financial stability of the homes; to maximize the availability of housing and care to qualified veterans and eligible dependents. Current rules have some very specific values that are not adjusted for inflation and do not allow the Board(s) flexibility to execute statutory authority to set policy; rules are in conflict with federal CMS Medicare/Medicaid rules.


2018-010 TP

Motor Bus Transportation Rules
(Transportation , Bureau of Urban and Public Transportation)

PA 432 of 1982 was amended in 2017. These rules clarify the changes to PA 432.


2018-011 LR

Survey and Remonumentation Commission - General Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The State Survey and Remonumentation Act was revised in 2014, making the majority of the rules either part of the Act or specifically reversed. As a result, the rules as they exist now are no longer pertinent. The proposed rules will rescind current rules that are no longer pertinent so that the rule set is consistent with the Act.


2018-012 EQ

Hazardous Waste Management
(Environmental Quality , Waste Management & Radiological Protection Division)

The purpose of the rules is to maintain federal authorization to administer the state's Hazardous Waste Management Program under Part 111, Hazardous Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), in lieu of the federal Hazardous Waste Management Program under the Resource Conservation and Recovery Act of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984 (RCRA); to improve the overall quality of the rules in terms of clarification of existing requirements and areas of program coverage; and to reduce some of the burdens on the regulated community by providing streamlined and flexible requirements. The rules address federal revisions required to maintain authorization and those that authorized states have the option of incorporating into their rules for consistency purposes. The revisions address generator improvement, import/export, and electronic manifesting requirements. The rules also address revisions based on DEQ and public recommendations relating to hazardous waste identification and listing, aerosol cans as universal waste, adoption by reference updates, and typographical corrections.


2018-015 LR

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

The general purpose of these rules provides educational, licensure, and continuing education requirements.


2018-016 LR

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

The general purpose of these rules provides educational, licensure, and continuing education requirements.


2018-017 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.


2018-018 LR

Michigan Administrative Hearing System Uniform Hearing Rules
(Licensing and Regulatory Affairs , Michigan Administrative Hearing System)

The purpose of the proposed changes is to refine certain rules to clarify current practices, reflect statutory changes and department reorganizations, eliminate duplicative or unnecessary rules, and promote greater efficiency and fairness.


2018-019 LR

Behavior Analysts – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The general purpose of these rules is to provide licensure requirements for this newly regulated profession required by 2016 PA 403 and 2016 PA 404, which took effect on April 3, 2017.


2018-020 LR

Board of Pharmacy – Controlled Substances
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The purpose of the Pharmacy - Controlled Substances Rules is to regulate the schedules, licenses, security, records, dispensing and administering, prescriptions, distributions, and administrative and disciplinary procedures for controlled substances. The draft rules will revise the current rule entitled Schedule 5; narcotics added to nonnarcotic compounds, to add gabapentin to the list in this rule, add training for a controlled substance license, and provide an exception to the bona fide prescriber-patient relationship that is required to prescribe schedule 2 through 5 drugs.


2018-023 LR

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

The proposed rules will rescind rules that are addressed elsewhere in state statute and will adopt the most recent versions of already adopted standards. In addition, the proposed rules will update the licensure requirements for applicants who have graduated from a non-accredited educational program and replace continuing education activities that are no longer available with new activities.


2018-024 LR

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

This rule requires a disciplinary subcommittee to specifically consider certain factors when it assesses a fine for a violation of section MCL 333.16221 to MCL 333.16226. The revision would rescind this rule to remove a disciplinary subcommittee’s duty to consider factors when assessing a fine for a licensee’s violation of the code.


2018-025 LR

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

The primary purpose of the proposed rules is to update continuing education, renewal, and relicensure requirements to reflect changes in MCL 339.729(1) as amended by 2018 PA 81. The proposed rules will also seek to update effective dates of standards adopted by reference and clarify educational course requirements that were considered too vague. In addition, the proposed rules seek to reorganize the continuing education requirements into a straightforward table for ease of understanding. Furthermore, the proposed rules seek to specify the type and form of continuing education and renewal documentation licensees must retain and have available upon request by the department. Finally, the proposed rules will rescind rules that are considered unnecessarily duplicative because the content of the rule is currently codified in statute.


2018-026 TA

Unemployment Insurance
(Talent and Economic Development, Talent and Investment Agency)

The purpose of the rules is to allow the Unemployment Insurance Agency to comply with both federal and State of Michigan requirements in combatting Identity theft.


2018-027 LR

Unbundled Network Element and Local Interconnection Services
(Licensing and Regulatory Affairs , Public Service Commission)

Any service quality rules promulgated by the commission shall expire within 3 years of the effective date of the rules.The PSC proposes to re-promulgate the rules with no changes.


2018-028 LR

Substance Use Disorder Programs
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

The proposed rule set will be recodified with new numbers, eliminate any duplicative requirements from the existing rule sets, and become a single rule set for Substance Abuse Licensing. The proposed rule set: • Incorporates and modifies, where necessary, existing rule requirements. • Adheres to new requirements set forth in PA 500 of 2012 and PA 104 of 2015. • Clarifies staffing credentials and requirements. • Modernizes rules to meet current industry terms and standards. • Reorganizes rules to provide distinction on agency and program responsibilities. The proposed rule set will have the following five parts: • Part 1: General Provisions • Part 2: State Agency Requirements • Part 3: SUD Services Program Requirements. • Part 4: Special Requirement by Service Categories • Part 5: Recipient Rights


2018-029 LR

Licensing Rules for Family and Group Child Care Homes
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

The proposed rules will embrace the existing Licensing Rules for Family and Group Child Care Homes with amendments, deletions, and additions deemed necessary to comply with changes in 1973 PA 116 as amended by Public Acts 256, 257, 258, and 259 of 2017. This will provide the latest standards to protect the health and safety of children in Family and Group Child Care Homes.


2018-030 LR

Basic Local Exchange Service Customer Migration
(Licensing and Regulatory Affairs , Public Service Commission)

The PSC proposes to re-promulgate these rules with no changes.


2018-031 LR

Board of Midwifery
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The purpose of the Board of Midwifery Rules is to regulate the prelicensure education, licensure, practice, conduct and classification of conditions, licensure renewal, relicensure, and continuing education for licensed midwives. Part 171 of the Public Health Code, MCL 333.17101 through MCL 333.17123, effective April 4, 2017, established the formation of the Board of Midwifery and required the Board to enact rules within 24 months after the effective date of Part 171.


2018-032 LR

Licensing Rules for Child Care Centers
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

The proposed rules will revise the existing Licensing Rules for Child Care Centers with amendments, deletions, and additions deemed necessary to comply with changes in 1973 PA 116, as amended by Pubic Acts 256, 257, 258 and 259 of 2017. This will provide the latest standards to protect the health and safety of children in child care centers.


2018-033 LR

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

The purpose of the Board of Nursing Rules is to regulate the prelicensure education, licensure, specialty certification, licensure renewal, relicensure, continuing education for licensed nurses, and the nursing professional fund scholarship program.


2018-034 LR

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

The purpose of the Board of Occupational Therapist Rules is to regulate the prelicensure education, licensure, licensure renewal, relicensure, and continuing education for occupational therapists and occupational therapy assistants.


2018-035 LR

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

The purpose of the Dentistry – General Rules is to regulate the prelicensure education, licensure, licensure renewal, relicensure, and continuing education for dentists, registered dental assistants, and registered dental hygienists.


2018-037 LR

Optometry General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The Optometry General Rules pertain to the licensure, relicensure, and renewal for optometrists. The current rules include outdated information and do not comply with current statutory requirements.


2018-039 LR

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

The draft rules have been reorganized and substantially rewritten to provide for rules that encompass all the necessary requirements for licensing and regulating the practice for pharmacists, pharmacies, and manufacturers and wholesale distributors of drugs and devices. The draft rules include parts for general provisions, pharmacist licenses, pharmacy licenses, manufacturer licenses, wholesale distributor licenses, and the practice of pharmacy.


2018-040 LR

Board of Nursing Home Administrators - General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The Nursing Home Administrators General Rules pertain to the licensure, relicensure, and renewal for nursing home administrators. The proposed rules will reorganize, update, and revise the current rules to comply with current statutory requirements and for clarity.


2018-041 LR

Board of Respiratory Care
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The Respiratory Care General Rules pertain to the licensure, relicensure, and renewal for respiratory therapists. The current rules contain obsolete information and do not comply with current statutory requirements.


2018-042 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 to include currently employed methods, such as electronic storage. The rules were last revised in 1980 and are not consistent with modern modes of record storage. For example, the rules refer to the correct manner in which to store punch cards, a record keeping method that is considered to be outdated.


2018-044 LR

Part 310 Lead in General Industry
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 310 Lead in General Industry gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when exposed to lead.


2018-045 LR

Part 603. Lead Exposure in Construction
(Licensing and Regulatory Affairs , MIOSHA)

CS Part 603 Lead Exposure in Construction gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when exposed to lead.


2018-046 HS

Body Art Facilities
(Health and Human Services, Population Health and Community Services)

There are no current body art administrative rules. This administrative rule set is new. In absence of these rules, the spread of disease by improper or illegal procedures performed by body art owners, operators and technicians is likely.


2018-049 LR

Marriage and Family Therapy – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The general purpose of these rules is to provide educational and licensure requirements.


2018-050 LR

Task Force on Physician’s Assistants – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The general purpose of these rules is to provide educational and licensure requirements.


2018-053 ED

Teacher Tenure General Rules
(Education , State Tenure Commission)

The primary general purposes of the proposed amendments are to clarify and simplify the requirements for filing appeals to the State Tenure Commission.


2018-054 LR

Construction Codes - Part 5. Residential Code
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The rules currently adopt by reference Chapters 1 and 2 of the International Residential Code. The bureau is revising the above rules that are in Part 5. Residential Code, to correct conflicts and inconsistencies between the two chapters of the Residential Code and the Stille-DeRossett-Hale Single State Construction Code Act 230 PA 1972 and the Skilled Trades Regulation Act, 407 PA 2016.


2018-056 IF

Credit for Reinsurance
(Insurance and Financial Services, Insurance)

On March 26, 2018, the Governor signed Senate Bill 638 into law. The resulting public act, PA 91 of 2018, brings the Insurance Code into compliance with the NAIC Credit for Reinsurance Model Law and Model Regulation by amending Sections 1103 and 1105 and adding a new section 1106. The statutory amendments now necessitate amendments to these rules to bring Michigan into compliance with the NAIC Credit for Reinsurance Model Law and Model Regulation.


2018-059 LR

Construction Code - Part 4. Building Code
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

Part 4 of the Construction Code currently adopts by reference the 2015 edition of the International Building Code (IBC), which is developed by the International Code Council and is based on building principles used in building codes across the country. Part 4 also includes rules that amend the IBC to address laws and climate conditions that are specific to Michigan. The proposed rules will adopt by reference the 2018 edition of the IBC with amendments, deletions, and additions deemed necessary for use in Michigan.


2018-060 LR

Construction Code - Part 9A. Mechanical Code
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The proposed rules will adopt by reference the 2018 edition of the International Mechanical Code (IMC), with amendments, deletions, and additions deemed necessary for use in Michigan. Part 9a. of the Construction Code currently adopts by reference the 2015 edition of the IMC, which is based on mechanical principals used in mechanical codes across the country. Part 9a. also includes rules that amend the IMC to address mechanical practices that are specific to Michigan and that delete those requirements in the IMC that do not pertain to Michigan because of the state’s geographic and environmental features.


2018-061 LR

Construction Code - Part 7. Plumbing Code
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

Part 7 of the Construction Code currently adopts by reference the 2015 edition of the International Plumbing Code (IPC), which is based on plumbing principles used plumbing codes across the country. Part 7 also includes rules that amend the IPC that address plumbing practices that are specific to Michigan and to delete those requirements in the IPC that do not pertain to Michigan because the State’s geographic and environmental features. The proposed rules will adopt by reference the 2018 edition of the IPC with amendments, deletions, and additions deemed necessary for use in Michigan.


2018-062 LR

Board of Athletic Trainers
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The Athletic Trainers General Rules pertain to the licensure, relicensure, and license renewal for athletic trainers. The current rules contain outdated and incomplete information which will be updated and amended.


2018-065 LR

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

The purpose of the proposed rules is to amend the previously adopted rules to eliminate outdated language and create consistency with 1980 PA 299, known as the occupational code. Many of the rules establishing sanitation and equipment requirements have not been revised since 1991. The proposed rules will amend the sanitation requirements to reflect current standards. The proposed rules will also update the equipment standards for a barber college to remove the requirement to possess a chalkboard, dictionary, and skin and hair charts.


2018-066 ED

School Administrator Certification Code
(Education , Superintendent of Public Instruction)

The general purposes of the amendments are to align with recent amendments of the Revised School Code and the State School Aid Act; to align with Executive Reorganization Order No. 1996-6, MCL 388.993; to correct obvious errors and omissions; to add clarity; to delete obsolete, requirements; to correct and improve grammar; to delete duplicative language; and to align with Legislative Service Bureau drafting standards related to the use of passive voice and the use of “shall” and “must” (with “shall” being the auxiliary verb if the subject is a person or entity and “must” being used if the subject is inanimate).


2018-067 ED

Certification and Licensure of School Counselors
(Education , Superintendent of Public Instruction)

The general purposes of the amendments are to align with recent amendments of the Revised School Code and the State School Aid Act; to align with Executive Reorganization Order No. 1996-6, MCL 388.993; to delete two unnecessary definitions and an unnecessary, obsolete requirement; to delete obsolete language; to delete unenforced requirements; to remove redundant language; to add clarity; to correct grammatical and other errors; to align with other rules; and to align with current Legislative Service Bureau drafting standards related to the disfavored use of passive voice and to the use of “which” versus “that” and the use of the auxiliary verbs “shall” and “must” (with “shall” used only if the subject is a person or entity and “must” if the subject is inanimate).


2018-068 ED

School Psychologist Certificate Code
(Education , Superintendent of Public Instruction)

The purposes of the amendments are to correct and improve grammar; to conform with Legislative Service Bureau drafting standards related to the elimination of the use of passive voice and the use of the auxiliary verb “shall” only if the subject is a person or entity (with “must” used if the subject is inanimate); to remove a meaningless, unenforced, obsolete requirement; to align with current practice and with the amendment of the definition of “education-related professional learning” in the other certification rule sets administered by the Department of Education (which amendments are required by 2018 PA 234 and 2018 PA 235); and to add clarity consistent with MCL 380.1539b and with the requirements of procedural due process.


2018-069 ED

Teacher Certification Code
(Education , Superintendent of Public Instruction)

The primary general purpose of the amendments is to align the rules with recent statutory amendments. Other purposes include rescinding three rules that are obsolete, deleting obsolete language, adding clarity, making the rules internally consistent, correcting obvious errors, and aligning the rules with current Legislative Service Bureau standards of drafting.


2018-070 LR

Qualified Interpreter – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The purpose of the Qualified Interpreter – General Rules is to regulate the minimum credentials, endorsements, levels of expected proficiency, application, testing, licensure, renewal, relicensure, minimum standards of practice, disciplinary procedures, and continuing education for interpreters.


2018-072 LR

Subdivisions of Land
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The general purpose of the Land Division Act Rules is for the approval of plats, including forms, certificates of approval, and other required certificates, captioning of plats and numbering of lots. The proposed changes address removing sections that overreach the authority of the state, clarifying the approval path for a specific platting situation and updating language and procedure to accept new technologies.


2018-073 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.


2018-074 HS

Reporting of Poisonings Due to Use of Prescription and Illicit
(Health and Human Services, Population Health and Community Services)

With the dramatic increase in the rise of overdoses and deaths caused by prescription medications and illicit “street” drugs, tracking the information is difficult as there is no requirement that health professionals and health facilities to report this information. Without the information, the State is unable to proportionately leverage resources to each county to combat the overdoes/death epidemic occurring in this State.


2018-075 LR

Part 470. Employee Medical Records and Trade Secrets
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 470 Employee Medical Records and Trade Secrets gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when employee medical records and trade secrets are involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-076 LR

Part 308. Inorganic Arsenic (As)
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 308 Inorganic Arsenic gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when inorganic arsenic is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-077 LR

Part 304. Ethylene Oxide
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 304 Ethylene Oxide gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when ethylene oxide is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-078 LR

Part 302. Vinyl Chloride
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 302 Vinyl Chloride gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when vinyl chloride is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-079 LR

Part 380. Occupational Noise Exposure
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 380 Occupational Noise Exposure in General Industry gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when noise exposure is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-080 LR

Part 307.Acrylonitrile (AN)
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 307 Acrylonitrile gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when acrylonitrile is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-081 LR

Part 306. Formaldehyde
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 306 Formaldehyde gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when formaldehyde is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-082 LR

Part 621. Health Hazard Control for Specific Equipment and Operations for Construction
(Licensing and Regulatory Affairs , MIOSHA)

CS Part 621 Health Hazard Control for Specific Equipment and Operations for Construction gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when hazards from specific equipment or operations are involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-083 LR

Part 381 Ionizing Radiation
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 381 Ionizing Radiation gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when ionizing radiation is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-084 LR

Part 311. Benzene
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 311 Benzene gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when benzene is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-085 LR

Part 314. Coke Oven Emissions
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 314 Coke Oven Emissions gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when coke oven emissions are involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-086 LR

Part 303. Methylenedianiline (MDA)
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 303 Methylenedianiline (MDA) in general industry gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when methylenedianiline is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-087 LR

Part 605 Methylenedianiline (MDA) in Construction
(Licensing and Regulatory Affairs , MIOSHA)

CS Part 605 Methylenedianiline (MDA) in Construction gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when methylenedianiline is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-088 LR

Part 350. Carcinogens
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 350 Carcinogens gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when carcinogens are involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-089 LR

Part 431. Hazardous Work in Laboratories
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 431 Hazardous Work in Laboratories gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when hazardous work in laboratories is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-090 LR

Part 474. Sanitation
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 474 Sanitation gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when sanitation is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-091 LR

Part 309. Cadmium
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 309 Cadmium in General Industry gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when cadmium is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-092 LR

Part 609. Cadmium in Construction
(Licensing and Regulatory Affairs , MIOSHA)

CS 609 Cadmium in Construction gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when cadmium is involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-093 LR

Part 432. Hazardous Waste Operations and Emergency Response
(Licensing and Regulatory Affairs , MIOSHA)

GI & CS Part 432 Hazardous Waste Operations and Emergency Response gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when hazardous waste operations and emergency response are involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-094 LR

Part 511. Temporary Labor Camps
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 511 Temporary Labor Camps gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when temporary labor camps are involved. The intent is to rescind rules that are duplicative of federal standards and to adopt by reference the applicable federal standard.


2018-095 LR

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

The Michigan Medical Marihuana Act (MMMA), MCL 333.26421, authorizes the medical use of marihuana for qualifying patients and provides for the issuance of registry identification cards to qualifying patients and their caregivers, if applicable. The administrative rules implement the requirements of the MMMA.