DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF PROFESSIONAL LICENSING

GENERAL RULES – PUBLIC HEALTH CODE—GENERAL RULES

Filed with the secretary of state on

These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16194, 16201, and 16221(e)(iv)(B) of the public health code, 1978 PA 368, MCL 333.16145, MCL 333.16194, MCL 333.16201, and MCL 333.16221(e )(iv)(B), and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 3338.3501, MCL 445.2001, MCL 445.2011, MCL 445.2025, and MCL 445.2030)

R 338.7001, R 338.7001a, and R 338.7002 of the Michigan Administrative Code are amended and R 338.7002a and R 338.7002b are added, as follows:

  R 338.7001   Definitions.

  Rule 1.  As used in these rules:

    (a)  "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

    (b)  "Department" means the department of licensing and regulatory affairs.

    (c)  “Issue date” means the date that the initial license was granted to the licensee by the department.

    (d)  “Limitation” means that term as defined in section 16106(4) of the code, MCL 333.16106.

    (ce)  "Stark Law" means section 1877 of part d e of title XVIII of the social security act, 42 U.S. code USC 1395nn.

R 338.7001a   Biennial license and registration renewal; authorized boards; license renewal content expiration.

  Rule 1a. (1)  The license or registration renewals issued for the following professions are valid for a period of 2 years commencing on the following dates and shall be renewed every 2 years upon receipt of payment and compliance with renewal requirements, if appropriate: The following licenses and registrations expire biennially and must be renewed every 2 years on or before the date indicated:

                        Acupuncture                                                   10/1

Audiology                                                       1/1      

Chiropractic                                                    12/1

Marriage and family therapy                          2/1

Midwifery                                                      Issue date

Nursing                                                           Issue date

Nursing home administrators                         11/1

Occupational therapy                                      6/1

Optometry                                                       7/1 Issue date

Pharmacy                                                        7/1 Issue date

Physical therapy                                              8/1

Physician's assistants                                      9/1 Issue date

Psychology                                                     9/1

Respiratory care                                              1/1

Sanitarians                                                      12/1

Speech-language pathology                            10/1

  (2)  A license or registration having a limitation may be renewed for a term less than the biennial cycle 2 years.

  R 338.7002   Triennial license or registration renewal; authorized boards; license renewal content expiration.

  Rule 2. (1)  The license renewals issued for the following professions are valid for a period of 3 years commencing on the following dates and shall be renewed every 3 years upon receipt of payment and compliance with renewal requirements, if appropriate: The following licenses and registrations expire triennially and must be renewed every 3 years on or before the date indicated:

Athletic trainer                                                10/1

Counseling                                                      6/1

Dentistry                                                         9/1 Issue date

Massage therapy                                             11/1

Medicine                                                         2/1 Issue date

Osteopathic medicine and surgery                  1/1 Issue date

Podiatric medicine and surgery                      3/2  Issue date

Social work                                                     5/1

Veterinary medicine                                       1/1  Issue date

  (2)  A license having a limitation may be renewed for a term less than the triennial cycle 3 years.

  R 338.7002a  Quadrennial license renewal; expiration.

  Rule 2a. (1) The following license expires quadrennially and must be renewed every 4 years on or before the date indicated:

                        Behavior Analysts                                         Issue date

  (2) A license having a limitation may be renewed for a term less than 4 years.

R 338.7002b  Minimum English language standard.

  Rule 2b.  (1)  Pursuant to section 16174(1)(d) of the code, MCL 333.16174, an applicant seeking licensure or registration must demonstrate a working knowledge of the English language under the minimum standards established by the department.

  (2)  To demonstrate a working knowledge of the English language, the applicant must establish that he or she meets 1 of the following:

    (a) The applicant’s health professional educational program was taught in English.

    (b) The applicant supplies transcripts establishing that he or she earned not less than 60 college level credits from an English-speaking undergraduate or graduate school.

    (c) The applicant obtained a passing score of 650 or higher on the Examination for the Certificate of Competency in English (ECCE) test developed by Michigan Language Assessment, as demonstrated by a certificate of competency or certificate of competency with honors.

    (d) The applicant obtained a passing score of 650 or higher on the Examination for the Certificate of Proficiency in English (ECPE) test developed by Michigan Language Assessment, as demonstrated by a certificate of proficiency or certificate of proficiency with honors.

    (e)  The applicant obtained a total score of not less than 6.5 on the International English Language Testing System (IELTS) Academic test.

    (f) The applicant obtained a total score of not less than 55 on the Michigan English Test (MET) developed by Michigan Language Assessment.    

    (g)  The applicant obtained a total score of not less than 80 on the Test of English as a Foreign Language Internet-Based Test (TOEFL-IBT) administered by the Educational Testing Service.