DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE MEDICINE - GENERAL RULES
Filed with the Secretary
secretary of State state on
These rules become
effective take effect immediately upon filing with the Secretary
secretary of State 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 secretary
of State. state.
(By authority conferred on the director of the department
of licensing and regulatory affairs by sections 16145, 16148, 16174, 16204, 16215,
16287, 17031, 17033, and 17048(5), and 17076 of the
public health code, 1978 PA 368, MCL 333.16145, 333.16148, 333.16174,
333.16204, 333.16215, 333.16287, 333.17031, 333.17033, and 333.17048(5),
and 333.17076, and Executive Reorganization Order Nos. 1996-1, 1991-9,
1996-2, 2003-1, and 2011-4, MCL 330.3101, 338.3501, 445.2001,
445.2011, and 445.2030)
R 338.2401, R 338.2409, R 338.2411, R 338.2413, R 338.2421, R 338.2423, R 338.2425, R 338.2427, R 338.2429, R 338.2431, R 338.2435, R 338.2437, R 338.2441, and R 338.2443 of the Michigan Administrative Code are amended, R 338.2407 is added, and R 338.2403, R 338.2405, and R 338.2433 are rescinded, as follows:
PART 1. GENERAL PROVISIONS
R 338.2401 Definitions.
Rule 101. (1) As used in these rules:
(1) (a) “Board” means the Michigan
board of medicine created in under section 17021 of the code, MCL
333.17021.
(2) (b) “Code” means the public health
code, 1978 PA 368, MCL 333.1101 to 333.25211.
(3) (c) “Department” means the department
of licensing and regulatory affairs.
(2) A term defined in the code has the same meaning when used in these rules.
R 338.2403 English language requirement.
Rescinded.
Rule 103. An applicant for a medical license or an
educational limited medical license whose educational program was taught in a
language other than English shall meet the requirements of the code and these
rules and shall demonstrate a working knowledge of the English language. To
demonstrate a working knowledge of the English language, the applicant shall establish
that he or she 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.
R 338.2405 Name of practitioner; display name. Rescinded.
Rule 105. A licensee shall not engage in the practice
of medicine under a personal name other than the name under which he or she is
licensed by the board.
R 338.2407 Telehealth.
Rule 107. (1) Consent for treatment must be obtained before providing a telehealth service under section 16284 of the code, MCL 333.16284.
(2) Proof of consent must be maintained in the patient’s up-to-date medical record and retained in compliance with section 16213 of the code, MCL 333.16213.
(3) A physician providing a telehealth service may prescribe a drug if the physician is a prescriber acting within the scope of his or her practice and in compliance with section 16285 of the code, MCL 333.16285, and if he or she does both of the following:
(a) If medically necessary, refers the patient to a provider who is geographically accessible to the patient.
(b) Makes himself or herself available to provide follow-up care services to the patient, or to refer the patient to another provider, for follow-up care.
(4) A physician providing any telehealth service shall do both of the following:
(a) Act within the scope of his or her practice.
(b) Exercise the same standard of care applicable to a traditional, in-person health care service.
Rule 338.2409 Delegation to Prescribing of drugs
by physician’s assistants; written authorization; requirements. procedures
and protocols.
Rule 109. (1) Under sections 17048(2) and 17076(2) of
the code, MCL 333.17048 and 333.17076, and under the terms of a practice
agreement, A physician who supervises a physician’s assistant may
prescribe a drug, including a controlled substance that is included in
schedules 2 to 5 of part 72 of the code, MCL 333.7201 to 333.7231, subject to both
of the following requirements: under sections 17048 and 17049 of the
code, MCL 333.17048 and 333.17049, shall establish a written authorization that
delegates to the physician’s assistant the performance of medical care services
or the prescribing of schedule 2 to 5 controlled substances, or both. The
written authorization shall contain all of the following information:
(a) The name, license number, and signature of the
supervising physician.
(a) If a physician's assistant prescribes a drug, the physician's assistant's name must be used, recorded, or otherwise indicated in connection with that prescription.
(b) The name, license number, and signature of the
physician’s assistant.
(b) If a physician's assistant prescribes a drug that is included in schedules 2 to 5, the physician's assistant's Drug Enforcement Agency (DEA) registration number must be used, recorded, or otherwise indicated in connection with that prescription.
(c) The limitations or exceptions to the delegation
of any medical care services or prescription of scheduled 2 to 5 controlled
substances.
(d) The effective date of delegation.
(2) The supervising physician shall review and update
a written authorization prior to the renewal of the physician’s assistant’s
license or in the interim as needed. A supervising physician shall note the review
date on the authorization. Under sections 17048(2) and 17076(3) of the
code, MCL 333.17048 and 333.17076, and under the terms of a practice agreement,
a physician's assistant may order, receive, and dispense complimentary starter
dose drugs, including controlled substances that are included in schedules 2 to
5 of part 72 of the code, MCL 333.7201 to 333.7231, subject to both of the
following requirements:
(a) If a physician's assistant orders, receives, or dispenses a complimentary starter dose drug, the physician's assistant's name must be used, recorded, or otherwise indicated in connection with that order, receipt, or dispensing.
(b) If a physician's assistant orders, receives, or dispenses a complimentary starter dose drug that is included in schedules 2 to 5, the physician's assistant's DEA registration number must be used, recorded, or otherwise indicated in connection with that order, receipt, or dispensing.
(3) The supervising physician shall maintain the
written authorization at the supervising physician’s primary place of practice.
(4) The supervising physician shall provide a copy of
the signed, written authorization to the physician’s assistant.
(5) The supervising physician shall ensure that an
amendment to the written authorization is in compliance with subrules (1), (2),
(3), and (4) of this rule.
(6) A supervising physician shall not delegate the
prescription of a drug or device individually, in combination, or in succession
for a woman known to be pregnant with the intention of causing either a
miscarriage or fetal death.
Rule 338.2411 Delegation of
prescribing controlled substances to nurse practitioner or nurse midwife;
an advanced practice registered nurse; limitation.
Rule 111. (1) A physician may
delegate the prescription of controlled substances listed in schedules 2 to 5
to a registered nurse who holds a specialty certification under section 17210
of the code, MCL 333.17210, with the exception of a nurse anesthetist, if the supervising
delegating physician establishes a written authorization that contains
all of the following information:
(a) The name, license number,
and signature of the supervising delegating physician.
(b) The name, license number,
and signature of the nurse practitioner, or nurse midwife.,
or clinical nurse specialist.
(c) The limitations or exceptions to the delegation.
(d) The effective date of the delegation.
(2) The supervising delegating physician shall
review and update a written authorization on an annual basis from the original
date or the date of amendment, if amended. The supervising delegating
physician shall note the review date on the written authorization.
(3) The supervising delegating physician shall
maintain a written authorization at the supervising delegating physician’s
primary place of practice.
(4) The supervising delegating physician shall
provide a copy of the signed, written authorization to the nurse practitioner,
or nurse midwife., or clinical nurse specialist.
(5) The supervising delegating physician shall
ensure that an amendment to the written authorization is in compliance with
subrules (1), (2), (3), and (4) of this rule.
(6) A supervising delegating physician shall
not may authorize a nurse practitioner, or a nurse
midwife, or a clinical nurse specialist to issue a multiple
prescription prescriptions allowing the patient to receive a total of
up to a 90-day supply for of a schedule 2 controlled
substance. with a quantity greater than a 30-day supply.
(7) A supervising delegating physician shall
not delegate the prescription of a drug or device individually, in combination,
or in succession for a woman known to be pregnant with the intention of causing
either a miscarriage or fetal death.
R 338.2413 Training standards for identifying victims of human trafficking; requirements.
Rule 113. (1) Pursuant to Under section
16148 of the code, MCL 333.16148, an individual seeking licensure or licensed shall
complete training in identifying victims of human trafficking that meets
satisfies the following standards:
(a) Training content shall must cover all
of the following:
(i) Understanding the types and venues of human trafficking in this state or the United States.
(ii) Identifying victims of human trafficking in health care settings.
(iii) Identifying the warning signs of human trafficking in health care settings for adults and minors.
(iv) Resources for reporting the suspected victims of human trafficking.
(b) Acceptable providers or methods of training include any of the following:
(i) Training offered by a nationally recognized or state-recognized, health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training obtained in an educational program that has been approved by the board for initial licensure, or by a college or university.
(iv) Reading an article related to the identification
of victims of human trafficking that meets satisfies the
requirements of subdivision (a) of this subrule and is published in a peer
review journal, health care journal, or professional or scientific journal.
(c) Acceptable modalities of training may include
any of the following:
(i) Teleconference or webinar.
(ii) Online presentation.
(iii) Live presentation.
(iv) Printed or electronic media.
(2) The department may select and audit a sample of individuals and request documentation of proof of completion of training. If audited by the department, an individual shall provide an acceptable proof of completion of training, including either of the following:
(a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.
(b) A self-certification statement by an individual.
The certification statement shall must include the individual’s
name and either of the following:
(i) For training completed pursuant to under
subrule (1)(b)(i) to (iii) of this rule, the date, training provider name,
and name of training.
(ii) For training completed pursuant to under
subrule (1)(b)(iv) of this rule, the title of article, author, publication
name of peer review journal, health care journal, or professional or scientific
journal, and date, volume, and issue of publication, as applicable.
(3) Pursuant to Under section 16148 of the
code, MCL 333.16148, the requirements specified in subrule (1) of this rule
apply to for license renewals beginning with the first 2017
renewal cycle after the promulgation of this rule and for initial licensure
beginning December 6, 2021. licenses issued 5 or more years after the
promulgation of this rule.
PART 2. LICENSES
R 338.2421 Accreditation standards for approval of medical schools and medical residency programs.
Rule 121. (1) The board approves and adopts by reference
the standards for accrediting medical schools developed and adopted by the
Liaison Committee on Medical Education, 2450 N Street NW, Washington D.C.
20037, 655 K Street, NW, Suite 100, Washington, District of Columbia 20001-2399,
set forth in the publication entitled “Functions and Structures of a
Medical School”, June 2013 March 2018 edition, which is available
at no cost on the committee’s website at: www.lcme.org. The board shall consider
considers any medical school accredited by the Liaison Committee on
Medical Education approved by the board.
(2) The board approves and adopts by reference the
standards for approval of a postgraduate training program developed and adopted
by the Accreditation Council for Graduate Medical Education, Suite 2000, 515
North State Street, Chicago, IL 60654, 401 N. Michigan Avenue, Suite
2000, Chicago, Illinois 60611, effective January 1, 2014, July 1,
2016, and are available at no cost on the council’s website at: www.acgme.org/acgmeweb.
The board shall consider considers any medical post graduate
postgraduate training program accredited by the Accreditation Council fo
for Graduate Medical Education approved by the board.
(3) The board approves and adopts by reference the
standards for approval of a resident training program by the College of Family
Physicians of Canada, 2630 Skymark Avenue, Mississauga, Ontario, Canada L4W
5A4, set forth in the publication entitled “Specific Standards for Family
Medicine Training Programs Accredited by the College of Family Physicians of
Canada,” 2013 2016 edition available at no cost from the
college’s website at: http://www.cfpc.ca/Residency_Program_Accreditation.
The board shall consider considers any residency program
accredited by the College of Family Physicians of Canada approved by the board.
(4) The board approves and adopts by reference the
standards for approval of a resident training program by the Royal College of
Physicians and Surgeons of Canada, 774 Echo Drive, Ottawa, Ontario, Canada K1S
5N8 set forth in the publication entitled “General Standards of Accreditation,”
June 2013 edition, available at no cost from the college’s website: http://www.royalcollege.ca/portal/page/portal/rc/credentials.
The board shall consider considers any residency program
accredited by the Royal College of Physicians and Surgeons as approved
by the board.
(5) The board approves and adopts by reference the
standards for approval of a resident training program by the Canadian Medical
Association’s Conjoint Accreditation Services, 1867 Alta Vista Drive, Ottawa,
Ontario, Canada K 1G 5W8, set forth in the publication entitled “Requirements
for Accreditation,” 2014 edition, available at no cost from the association’s
website at: http://www.cma.ca/learning/conjointaccreditation.
The board shall consider considers any residency program
accredited by the Conjoint Accreditation Service to be approved by the
board.
(6) Copies of the standards and criteria adopted by
reference in subrules (1), (2), (3), (4), and (5) of this rule are available
for inspection and distribution at a cost of 10 cents per page from
the Board of Medicine, Bureau of Health Care Services, Professional
Licensing, Department of Licensing and Regulatory Affairs, 611 W. Ottawa,
P.O. Box 30670, Lansing, MI Michigan 48909.
Rule 338.2423 Medical doctor; license requirements; United States and Canadian graduates.
Rule 123. An applicant for a medical license who
graduated from a medical school located in inside the United
States, its territories, or the Dominion of Canada Canada, shall
submit the required fee and a completed application on a form provided by the
department. In in addition to meeting satisfying the
requirements of the code, and these rules, the applicant shall meet
satisfy all of the following requirements:
(a) Submit the required fee and a completed application on a form provided by the department.
(a) (b) The
applicant shall possess Possess a degree from a medical school that meets
satisfies the standards set forth in R 338.2421(1).
(b) (c) The
applicant shall have passed Have passed all components parts
of the United States Medical licensure Licensing examination
Examination (USMLE) for medical doctors adopted by the board
under R 338.2431.
(c) (d) The
applicant shall have completed Have completed a minimum of 2 years of
postgraduate clinical training in a program that meets satisfies
the requirements of R 333.2421(2), 338.2421(2), (3), (4), or
(5). A certificate of completion of the postgraduate
training may be submitted to the department 15 days prior to the scheduled date
of completion.
Rule 125. To establish eligibility for licensure as a
medical doctor, an An applicant for a medical license who
graduated from a medical school located outside the United States, its
territories, or the Dominion of Canada, in addition to satisfying the
requirements of the code, the applicant shall complete satisfy
all of the following requirements:
(a) Submit the required fee and a completed application on a form provided by the department.
(b) Submit evidence of Have certification provided
by directly to the department from the educational
commission on foreign medical graduates Educational Commission for
Foreign Medical Graduates (ECFMG) directly to the department. verifying
that the applicant has satisfied both of the following requirements:
(i) Graduated from a medical school listed in the World Directory of Medical Schools.
(c) (ii) Successfully have passed
part 3 Passed all parts of the United States medical licensure
examination USMLE adopted in under R 338.2431(1)(c).
(d) (c) Complete Completed a
minimum of two 2 years of postgraduate clinical training
in a program that satisfies the requirements of R 338.2421(2), (3), (4),
or (5).
(d) Submit a certificate of completion of the postgraduate training required under subdivision (c) of this rule to the department no more than 15 days prior to the scheduled date of completion.
(e) Demonstrate a working knowledge of the English
language if the applicant’s educational program was taught in a language other
than English. To demonstrate a working knowledge of the English language, the
applicant shall establish that he or she meets the requirements in R 338.2403.
R 338.2427 Licensure by endorsement.
Rule 127. (1) An applicant for a Michigan medical
license by endorsement shall submit the required fee and a
completed application on a form provided by the department. An applicant who
satisfies the requirements of the code and this rule is presumed to meet the
requirements of section 16186(1)(a) and (b) of the code, MCL 333.16186(1)(a)
and (b).
(2) An applicant for a medical license shall meetsatisfy
either 1 of the following requirements:
(a) Has first been licensed in good standing in another
state to and actively engage engaged in the
practice of medicine for at least 10 years before prior to the
date of the filing the application. for a Michigan license.
(b) Has first been licensed in good standing
in another state, has completed 3 years of post-graduate training, and
has passed all components of the United States medical licensure examination
adopted in R 338.2431. and actively engaged in the practice of medicine
less than 10 years prior to the date of filing the application and satisfies
both of the following requirements:
(i) Passed all parts of the USMLE adopted under R 338.2431.
(ii) Completed a minimum of 2 years of postgraduate clinical training in a program that satisfies the requirements of R 338.2421(2), (3), (4), or (5).
(3) An applicant’s license shall be verified by the licensing agency of any state of the United States in which the applicant holds a current license or has ever held a license as a medical doctor. Verification includes, but is not limited to, showing proof that the applicant’s license is in good standing and, if applicable, any disciplinary action taken or pending against the applicant.
R 338.2429 Educational limited license.
Rule 129. (1) An individual not eligible for a Michigan medical license shall obtain an educational limited license before engaging in postgraduate training.
(2) An applicant for an educational limited license who
is from a medical school located in inside the United States, its
territories, or the Dominion of Canada, in addition to meeting satisfying
the requirements of the code, and these rules, shall satisfy
all of the following: following requirements:
(a) Submit the required fee and a completed application on a form provided by the department.
(b) Have documentation provided directly to the
department from a medical school that meets satisfies the
requirements of R 338.2421(1) verifying that the applicant has graduated or is
expected to graduate in within 3 months of the date of the
application.
(c) Have documentation provided directly to the
department verifying that the applicant has been accepted into a post
graduate postgraduate training program that meets satisfies
the requirements of R 338.2421(2).
(3) An applicant for an educational limited license who
is from a medical school located outside the United States, its territories, or
the Dominion of Canada, in addition to meeting satisfying the
requirements of the code, and these rules, shall satisfy all of
the following: following requirements:
(a) Submit the required fee and a completed application on a form provided by the department.
(i) Graduated from a medical school listed in the international
medical education directory. World Directory of Medical Schools.
(ii) Successfully completed all components Passed
parts 1 and 2 of the examination USMLE adopted in under
R 338.2431(1).
(c) Have documentation provided directly to the
department verifying that the applicant has been accepted into a postgraduate
training program that meets satisfies the requirements of R
338.2421(2).
(d) That the applicant has working knowledge of the
English language if the applicant’s education program was taught in a language
other than English. To demonstrate a working knowledge of the English
language, the applicant shall establish that he or she meets the requirements
in R 338.2403.
(4) Pursuant to Under section 17012(2) of
the code, MCL 333.17012(2), an educational limited license may be
renewed not more than 5 years.
R 338.2431 Examination; adoption; passing scores. scores;
limitation on attempts; time limitations.
Rule 131. (1) The board adopts the United States Medical
License Licensing Examination (USMLE) developed and administered
by the Federation of State Medical Boards (FSMB) which consists of the
following components: parts:
(a) USMLE – part 1.
(b) USMLE – part 2.
(c) USMLE – part 3.
(2) The passing score for each component part of
the USMLE accepted for licensure shall be is the passing score
established by the FSMB.
(3) An applicant shall not make more than 3 attempts to pass any part of the USMLE.
(4) An applicant shall successfully pass all parts of the USMLE within 7 years from the date that he or she first passed any part of the USMLE. An applicant may request consideration of a variance of the 7-year requirement by providing, at a minimum, proof of both of the following requirements to the board:
(a) That the applicant has already passed all parts of the USMLE, but that the time taken to pass all parts is more than 7 years.
(b) That the applicant has completed either of the following activities:
(i) Graduation from an accredited graduate degree program in addition to medical school.
(ii) Completion of a residency or fellowship program with demonstrated consistent participation in the program.
R 338.2433 Examination
eligibility; limitation on attempts. Rescinded.
Rule 133. (1) To be eligible to sit for any component
of the USMLE adopted in R 338.2431, an applicant shall satisfy the requirements
of the FSMB.
(2) An applicant shall make
not more than 3 attempts to pass any part of the USMLE.
(3) An applicant shall successfully pass all
components of the USMLE within 7 years from the date that he or she first
passed any component of the USMLE.
(4) If an applicant fails to pass the USMLE-part 3
within 4 years of first sitting for the USMLE-part 3, he or she shall complete
1 year of postgraduate training that meets the standards adopted by reference
in R 338.2421(2), (3), (4), or (5) before again sitting for the USMLE-part 3.
R 338.2435 Clinical academic limited license.
Rule 135. (1) An applicant for a clinical
academic limited license shall submit the required fee and a completed
application on a form provided by the department. In addition to meeting
satisfying the requirements of the code, and these rules,
the applicant shall satisfy both of the following requirements:
(a) Have graduated from a medical school that
satisfies either of the following requirements: Have documentation
provided directly to the department verifying that he or she has been appointed
to a position in an academic institution as defined in section 17001(1)(a) of
the code, MCL 333.17001.
(i) Meets the standards set forth in R
338.2421(1).
(ii) Is certified by the Educational Commission on
Foreign Medical Graduates (ECFMG).
(b) Be appointed to a teaching or research position
in an academic institution as defined in section 17001(1)(a) of the code, MCL
333.17001(1)(a). Provide documentation from either of the following
entities:
(i) Verification provided directly to the department from a medical school that satisfies the requirements of R 338.2421(1), indicating that the applicant has graduated or is expected to graduate within 3 months of the date of the application.
(ii) Certification provided directly to the department from the ECFMG indicating that the applicant has satisfied both of the following requirements:
(A) Graduated from a medical school listed in the World Directory of Medical Schools.
(B) Passed parts 1 and 2 of the USMLE adopted under R 338.2431.
(2) An applicant whose program was taught in a
language other than English shall demonstrate a working knowledge of the
English language. To demonstrate a working knowledge of the English language, the
applicant shall establish that he or she meets the requirements in R 338.2403.
R 338.2437 Relicensure.
Rule 137. (1) An applicant whose Michigan medical
license has lapsed for less than 3 years preceding the date of application for
relicensure may be relicensed under section 16201(3) of the code, MCL 333.16201(3),
if the applicant meets satisfies both all of the
following requirements:
(a) Submits the required fee and a completed application on a form provided by the department.
(b) Submits proof to the department of accumulating
completing not less than 150 hours of continuing education that meets
satisfies the requirements of R 338.2443 during the 3 years immediately preceding
the date of the application for relicensure.
(c) Establishes that he or she is of good moral character as defined under 1974 PA 381, MCL 338.41 to 338.47.
(i) Disciplinary proceedings are not pending against the applicant.
(ii) If sanctions have been imposed against the applicant, the sanctions are not in force at the time of application.
(iii) A previously held license was not surrendered or allowed to lapse to avoid discipline.
(2) An applicant whose Michigan medical license has been
lapsed for 3 years but less than 5 years may be relicensed under section
16201(4) of the code, MCL 333.16201, if the applicant submits fingerprints
as set forth in section 16174(3) of the code, MCL 333.16174, and satisfies the
requirements of R 338.2437(1) subrule (1) of this rule and anyeither
of the following requirements:
(a) Presents evidence proof to the
department that he or she was is actively licensed and in good
standing as a medical doctor in another state. at any time during
the 3-year period immediately preceding the date of application.
(b) Takes and passes the Special Purpose Examination
(SPEX) offered by the FSMB. The passing score shall be the score established
by the FSMB for passing. Completes 1 of the following during the 3 years
immediately preceding the date of the application for relicensure:
(i) Takes and passes the Special Purpose Examination (SPEX) offered by the FSMB. The passing score is the passing score established by the FSMB.
(ii) Successfully completes a postgraduate training program that satisfies the requirements of R 338.2421(2), (3), (4), or (5).
(iii) Successfully completes a physician re-entry program accredited by the Coalition for Physician Enhancement (CPE).
(iv) Successfully completes a physician re-entry program affiliated with a medical school that satisfies the requirements of R 338.2421(1).
(d) Successfully completes a physician re-entry
program that satisfies either of the following requirements:
(i) Accredited by the coalition for physician
enhancement.
(ii) Affiliated with a medical school that
satisfies the requirements of R 338.2421(1).
(3) An applicant whose Michigan medical license has been
lapsed for 5 years or more may be relicensed under section 16201(4) of the
code, MCL 333.16201, if the applicant submits fingerprints as set forth in
section 16174(3) of the code, MCL 333.16174, and satisfies the requirements
of R 338.2437(1) subrule (1) of this rule and anyeither
of the following requirements:
(a) Presents evidence proof to the
department that he or she was is actively licensed and in good
standing as a medical doctor in another state. at any time during
the 3-year time period immediately preceding the date of application.
(b) Successfully completes a post-graduate training
program that satisfies the requirements of R 338.2421(2), (3), (4), or (5).
Completes both of the following during the 3 years immediately preceding the
date of the application for relicensure:
(i) Takes and passes the SPEX offered by the FSMB. The passing score is the passing score established by the FSMB.
(ii) Successfully completes 1 of the following training options:
(A) A postgraduate training program that satisfies the requirements of R 338.2421(2), (3), (4), or (5).
(B) A physician re-entry program that is accredited by the CPE.
(C) A physician re-entry program affiliated with a medical school that satisfies the requirements of R 338.2421(1).
(c) Successfully completes a physician re-entry
program that satisfies either of the following requirements:
(i) Accredited by the coalition for physician enhancement.
(ii) Affiliated with a medical school that
satisfies the requirements of R 338.2421(1).
(4) If required to complete the requirements of subrule (2)(b)
(2)(c), (2)(d), or (3)(b), (3)(b) or 3(c)
of this rule, the applicant may obtain an educational limited license for the
sole purpose of completing that training.
(6) An applicant shall have his or her license verified by the licensing agency of any state of the United States in which the applicant holds or has ever held a license to practice as a medical doctor. Verification must include information that the license is in good standing and, if applicable, the record of any disciplinary action taken or pending against the applicant.
PART 3. CONTINUING EDUCATION
Rule 338.2441 License renewals.
Rule 141. (1) This part applies to an application for renewal of a medical license under section 17031 of the code, MCL 333.17031, and a medical special volunteer license under section 16184 of the code, MCL 333.16184.
(2) An applicant for license renewal who has been licensed in the 3-year period immediately preceding the application for renewal shall accumulate a minimum of 150 hours of continuing education in activities approved by the board under R 338.2443 during the 3 years immediately preceding the application for renewal.
(3) Submission of an application for renewal shall
constitute constitutes the applicant’s certification of compliance
with the requirements of this rule. The licensee shall retain
documentation of meeting satisfying the requirements of this rule
for 4 years from the date of applying for license renewal. Failure to comply
with satisfy this rule is a violation of section 16221(h) of the
code, MCL 333.16221(h).
(4) The department may select and audit a sample of
licensees who have renewed their license and request proof of compliance with
subrule (2). (2) of this rule. If audited, a licensee shall
submit documentation as specified in R 338.2443.
Rule 338.2443 Acceptable continuing education; requirements; limitations.
Rule 143. (1) The 150 hours of continuing education
required pursuant to under R 338.2441 shall comply with must
satisfy the following, following requirements, as applicable:
(a) Credit for a continuing education program or
activity that is identical or substantially identical to a program or activity
for which the licensee has already earned credit during the renewal period shall
not cannot be granted.
(b) A minimum of 1 hour of continuing education shall
must be earned in the area of medical ethics.
(c) Beginning 1 year after the effective date of
these rules, For license renewals filed December 6, 2017, or later, a
minimum of 3 hours of continuing education shall must be earned
in the area of pain and symptom management pursuant to under section
17033(2) of the code, MCL 333.17033(2). At least 1 of the 3 hours must
include controlled substances prescribing. Continuing education hours in
pain and symptom management may include, but are not limited to, any of the following:
following areas:
(i) Public health burden of pain.
(ii) Ethics and health policy related to pain.
(iii) Michigan pain and controlled substance laws.
(iv) Pain definitions.
(v) Basic sciences related to pain including pharmacology.
(vi) Clinical sciences related to pain.
(vii) Specific pain conditions.
(viii) Clinical physician communication related to pain.
(ix) Management of pain, including evaluation and treatment and non-pharmacological and pharmacological management.
(x) Ensuring quality pain care. care and
controlled substances prescribing.
(xi) Michigan programs and resources relevant to pain.
(d) A minimum of 75 continuing education credits shall
must be obtained through category 1 programs listed in subrule (2) of
this rule.
(2) The board shall consider considers any
of the following activities as acceptable category 1 continuing
education:
|
|
Activity and Proof of Completion |
Number of Continuing Education Hours granted/permitted for the activity |
|
(a) |
Attendance at or participation in a continuing education
program or activity related to the practice of medicine, which includes,
but is not limited to, live, in-person programs, interactive or
monitored teleconference, audio-conference, or web-based programs, online
programs, and journal articles with a self-study component or other
self-study programs approved or offered by any of the · American Medical Association · Michigan State Medical Society · Accreditation Council for Continuing Medical Education ·
American
Osteopathic Association ·
Michigan
Osteopathic Association
If audited, the licensee |
The number of continuing education hours for a specific
program or activity |
|
(b) |
Taking and passing a specialty board certification or
recertification examination for a specialty board recognized by the
American Board of Medical
If audited, the licensee shall provide |
|
|
(c) |
Successfully completing an activity that is required for
maintenance of a specialty certification for a board recognized by the
American Board of Medical Specialties, the American Board of
Physician Specialties, or the National Board of Physicians and Surgeons that
does not
If audited, the licensee shall provide proof from the specialty board that the activity was required for maintenance of certification, that the activity was successfully completed and the date of completion. |
One hour of continuing education |
|
(d) |
Participation in a clinical training program that
satisfies any of the requirements of R 338.2421(2), (3), (4), or (5) or is
accredited by a board recognized by the American Board of Medical
If audited, the licensee shall submit a letter from the program director verifying the licensee participated in the program. |
Fifty hours of continuing education credit per year may be
granted for this activity. A maximum of 150 hours of continuing education
credit |
(3) The board shall consider considers any
of the following activities as acceptable category 2 continuing
education:
|
|
Activity and Proof of Completion |
Number of Continuing Education Hours granted/permitted for the activity |
|
(a) |
Serving as a clinical instructor for medical students or
residents engaged in a
To receive credit, the clinical instructorship
If audited, the licensee shall submit proof of scheduled instructional hours and a letter from the program director verifying the licensee’s role. |
Two hours of continuing education |
|
(b) |
Initial presentation of a scientific exhibit, poster, or paper to a professional medical organization.
If audited, the licensee shall submit a copy of the
document presented with |
Two hours of continuing education |
|
(c) |
Publication of a scientific article relating to the practice of medicine in a peer-reviewed journal or periodical.
If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter and documentation of the peer-review process. |
Six hours of continuing education |
|
(d) |
Initial publication of a chapter or a portion of a chapter
related to the practice of medicine in either of the · A professional health care textbook. · A peer-reviewed textbook.
If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter. |
Five hours of continuing education |
|
(e) |
Participating on any of the · A peer review committee dealing with quality of patient care as it relates to the practice of medicine. · A committee dealing with utilization review as it relates to the practice of medicine. · A health care organization committee dealing with patient care issues related to the practice of medicine. · A national or state committee, board, council, or association related to the practice of medicine.
Participation in a committee, board, council, or association is considered acceptable by the board if it enhances the participant’s knowledge and understanding of the field of medicine. If audited, the licensee shall submit a letter from an organization official verifying the licensee’s participation in at least 50% of the regularly scheduled meetings of the committee, board, council, or association. |
Eighteen hours of continuing education |
|
(f) |
Until
If audited, the licensee shall submit a copy of the letter or certificate of completion showing the licensee’s name, number of continuing education hours earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date on which the program was held or the activity was completed. |
The number of continuing education hours for a specific
program or activity |
|
(g) |
Independently reading a peer-reviewed journal that does
not satisfy the requirements of subrule (2)(a) of this rule. The reading
If audited, a licensee shall submit a bibliography listing the journal, article, authors, publication date, and date read. |
Two hours of continuing education credit |
|
(h) |
Prior to
If audited, the licensee shall submit a certificate of self-assessment provided by the program sponsor. |
The number of continuing education hours
|