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DEPARTMENT OF CONSUMER AND INDUSTRY SERVICESOFFICE OF HEALTH SERVICESLICENSE RENEWALDEPARTMENT OF COMMUNITY HEALTH BUREAU OF HEALTH PROFESSIONS GENERAL RULES
(By authority conferred on the
department of licensing and regulation by section 16194 of Act No. 368of the Public Acts of 1978, as amended, § 333.16194 of the Michigan Compiled Lawsdirector of the department of community health by sections 16145(3), 16174(1)(e),16194, and 16201 of 1978 PA 368, MCL 333.16145(3), 333.16174(1)(e), 333.16194, and 333.16201 and Executive ReorganizationOrder Nos. 1996-1, 1996-2 and 2003-1, MCL 330.3101, 445.2001 and 445.2011)
Draft June 6, 2008
R 338.7001 and R 338.7002 of the Administrative Code are amended and R 338.7001a and R 338.7003 are added as follows:
R 338.7001
Biennial renewal; authorized boards; license renewalcontent; fees.Definitions.Rule 1. (1)As used in these rules:The license or registration renewals issued for the task force onphysicians' assistants and the boards of nursing, pharmacy, sanitarians, physical therapy, psychology,veterinary medicine, optometry, and chiropractic shall be valid for a period of 2 years commencing oneither of the following dates and shall be renewed every 2 years thereafter:Nursing 4/1/80 or 4/1/81Pharmacy 7/1/79 or 7/1/80Physical therapy 8/1/79 or 8/1/80Psychology 9/1/79 or 9/1/80Sanitarians 12/1/79 or 12/1/80Veterinary medicine 1/1/80 or 1/1/81Optometry 7/1/80 or 7/1/81Physician's assistants 9/1/80 or 9/1/81Chiropractic 12/1/80 or 12/1/81(2) The biennial fees are double the per annum fees approved by the legislature.(3) A license or registration having a limitation may be renewed for a term less than the biennialcycle.(a) "CMS" means centers for medicare and medicaid services, U.S. department of health and human services.
(b) "Code" means 1978 PA 368, MCL 333.1101.
(c) "Department" means the department of community health.
(d) "Stark law" means section 1877 of part d of title XVIII of the social security act, 42 U.S. code 1395nn.
R 338.7001a Biennial renewal; authorized boards; license renewal content; fees.
Rule 1a. (1) The license or registration renewals issued for the following boards, task force, or committee shall be 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:
Acupuncture
10/1
Audiology
1/1
Chiropractic
12/1
Counseling
1/1
Dietetics and nutrition
10/1
Marriage and family therapy
2/1
Nursing
4/1
Nursing home administrators
11/1
Occupational therapy
6/1
Optometry
7/1
Pharmacy
7/1
Physical therapy
8/1
Physician’s assistants
9/1
Psychology
9/1
Respiratory therapy
1/1
Sanitarians
12/1
Veterinary medicine
1/1
(2) The biennial fees are double the per annum fees approved by the legislature.
(3) A license or registration having a limitation may be renewed for a term less than the biennial cycle.
R 338.7002 Triennial renewal; authorized boards; license renewal content; fees.
Rule 2. (1) The license renewals issued for the
boards of medicine,osteopathic medicine and surgery, podiatric medicine and surgery, anddentistryfollowing boards shall be valid for a period of 3 years commencing oneither ofthe following dates and shall be renewed every 3 yearsthereafterupon receipt of payment and compliance with renewal requirements, if appropriate:
Podiatric
medicine and surgery 3/1/80
or 3/1/81 or 3/1/82 Dentistry 9/1/80
or 9/1/81 or 9/1/82Athletic training 10/1
Dentistry 9/1
Medicine 2/1
Osteopathic medicine and surgery 1/1 Podiatric medicine and surgery 3/1
Social work 5/1
(2) The triennial fees are triple the per annum fees approved by the legislature.
(3) A license having a limitation may be renewed for a term less than the triennial cycle.
R 338.7003 “Stark Law” revision; adoption by reference.
Rule 3. (1) In accordance with section 16221(e)(iv)(B) of the code, the department has officially taken notice of the regulations promulgated by cms under the stark law that have been published since June 3, 2002 when the department adopted the federal physician self-referral law. The department has found that the regulations pertain to referrals by physicians for designated health services and that they continue to protect the public from inappropriate referrals by physicians. Therefore, the department adopts by reference, as provided for in section 16221(e)(iv)(B) of the code, the new regulations promulgated by cms known as "Phase III" which includes the following: Final Rule, 72 Fed. Reg. 51012 (September 5, 2007), effective December 4, 2007, Final Rule, 72 Fed. Reg. 64161 (November 15, 2007), effective December 4, 2007, (rule delaying effect of certain provisions in 72 FR 51012 until December 4, 2008), and Correction Notice of Final Rule, 72 Fed. Reg. 68075 (December 4, 2007). The department also adopts by reference the new exceptions to the stark law promulgated by cms concerning electronic prescribing and health records arrangements which include the following: Final Rule, 71 Fed. Reg. 45140 (August 8, 2006), effective October 10, 2006.
(2) All federal regulations noted in subrule (1) of this rule are available at no cost at www.access.gpo.gov. These regulations also are available for inspection and distribution at cost from the Bureau of Health Professions, Michigan Department of Community Health, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.
