Michigan Administrative Code

R 408.43206 Insulated aerial device testing. Rule 3206. If the aerial work platform is rated and used as an insulated aerial device, an employer shall test the electrical insulating components for compliance with the rating of the aerial work platform in accordance with ANSI stan…

R 408.43207 Permits; training. Rule 3207. (1) An employer shall provide the operator of an aerial work platform with an aerial work platform permit. (2) The requirements of subrule (8)(a), (b), (c), and (d) of this rule shall be met before an employee is issued a permit. (3) A pe…

R 408.43208 Preoperational procedures. Rule 3208. (1) The employer shall ensure before the commencement of operations near power lines and when the clearances cannot be maintained as specified in Tables 1- 3, that the owner, owner representative, or utility are notified with all …

R 408.43212 Vehicles; traffic control. Rule 3212. (1) Before moving a vehicle supporting an aerial ladder for highway travel, employees shall secure ladders in the lower position and shall use the manually operated device at the base of the ladder, or other effective means to pre…

R 408.43214 Fall protection. Rule 3214. (1) The employer shall provide a safety harness that has a lanyard which is in compliance with construction safety standard Part 45. "Fall Protection," R 408.44501 to R 408.44502 and which is affixed to attachment points provided and approv…

R 408.43216 Operating procedures. Rule 3216 (1) The aerial work platform shall be used only in accordance with the manufacturers or owners operating instructions and safety rules. (2) The designed rated capacity for a given angle of elevation shall not be exceeded. (3) The guardr…

R 408.43501 Scope. Rule 3501. (1) This standard sets forth requirements for practices and procedures to protect employees engaged in construction activities at a worksite with 1 or more confined spaces, subject to the exceptions in subrule (2) of this rule. Examples of locations …

R 408.43505 Provision of documents. Rule 3505. For each document required to be retained in this standard, the retaining employer must make the document available on request to the director of the department of licensing and regulatory affairs or his or her designee. History: 201…

R 408.44201 Scope and application. Rule 4201. (1) These rules establish requirements to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated and that information concerning the hazards is transmitted to affected employ…

R 408.44202 Hazard communication; adoption by reference. Rule 4202. (1) The following federal Occupational Safety and Health Administration (OSHA) regulations from the Code of Federal Regulations are adopted by reference in these rules: (a) 29 CFR 1910.1200 “Hazard Communication,…

R 408.44204 Availability of adopted rules. Rule 4204. (1) The standards adopted in these rules are available from the United States Department of Labor, OSHA website: www.osha.gov, at no charge, as of the time of adoption of these rules. (2) The standards adopted in these rules a…

R 408.45101 Adoption of federal standard. Rule 5101. Effective 15 days after filing with the secretary of state, a tractor used in agricultural operations shall be as prescribed in 29 C.F.R. SS1928.51, which is adopted by these rules by reference and which may be inspected at the…

R 325.45101 Applicability. Rule 101. (1) Rules 325.45103 to 325.45323 are applicable to all of the following: (a) Freestanding surgical outpatient facility. (b) Hospice. (c) Hospital. (d) Nursing care facility. (2) Rules 325.45331 to 325.45339 are only applicable to a freestandin…

R 325.45102 Application; rules; standards of care. Rule 102. The application of these rules, R 325.45101 to R 325.45385, by a health facility or agency and by the department shall be done in accordance with the services offered by the health facility or agency and relevant standa…

R 325.45103 Definitions; A to F. Rule 103. (1) As used in these rules: (a) “Anesthesia” means a state of loss of feeling or sensation and is normally used to denote the loss of sensation to pain that is purposely induced using a specific gas or drug to permit the performance of s…

R 325.45105 Definitions; G to L. Rule 105. As used in these rules: (a) “Governing body” means the person or persons who are legally responsible for the conduct of the health facility or agency, such as a board of directors or trustees. In the absence of Page 5 Courtesy of Michiga…

R 325.45107 Definitions; M to R. Rule 107. As used in these rules: (a) “Nursing care facility” means any of the following types of health facilities: (i) County medical care facility. (ii) Hospital long-term care unit. (iii) Nursing home. (b) “Nursing home” means that term as def…

R 325.45109 Definitions; S to Z. Rule 109. As used in these rules: (a) “Supervision” means that term as defined in section 16109 of the code, MCL 333.16109. Page 7 Courtesy of Michigan Administrative Rules (b) “Surgery” means the treatment of human beings by a physician in an ope…

R 325.45111 Application; application review process; licensure. Rule 111. (1) As authorized in article 17, an application for initial licensure or licensure change, including change in ownership, bed capacity, bed designation, location, and business name, must be made on the most…

R 325.45113 License renewal process. Rule 113. (1) The renewal of a license must be completed through an electronic web-based system authorized and provided by the department. (2) A license is renewed and valid only upon electronic payment of the applicable renewal fee. (3) A lic…

R 325.45115 Survey and evaluation process. Rule 115. (1) A pre-licensure survey must be scheduled and announced. All other licensure surveys and complaint investigations must be unannounced. (2) A licensure survey or complaint investigation may be conducted by the department duri…

R 325.45117 Waiver from licensure survey. Rule 117. (1) The department shall provide and make publicly available a procedure for when a licensee may be eligible for a waiver from licensure survey. The procedure will include maintaining a list of approved accrediting bodies for he…

R 325.45121 Ownership. Rule 121. Ownership, whether by the individual desiring to establish, conduct, or maintain a licensed health facility or agency, or by the authorized representative of an individual, co- partnership, corporation, or association desiring to establish, conduc…

R 325.45123 Governing body. Rule 123. (1) A licensee shall have an organized governing body that assumes responsibility for the management of the health facility or agency, the provision of all services, its fiscal operations, and continuous quality assessment and performance imp…

R 325.45125 Compliance; local; state; federal; law; rule; regulation; standard. Rule 125. (1) The applicant or licensee shall comply with applicable local, state, and federal laws, rules, regulations, and standards. (2) During review of an application or a licensure survey or com…

R 325.45127 Fiscal audit. Rule 127. (1) The department may request financial documents including all of the following: (a) Invoices. (b) Purchase orders. (c) Order confirmations. (d) Receipts. (e) Other non-proprietary financial documents maintained in the normal course of busine…

R 325.45129 Admission; policy; procedure. Rule 129. (1) A health facility or agency shall have a written admission policy and procedure that is provided to the patient or any other person or agency responsible for the patient upon request. (2) An admitting diagnosis must be recor…

R 325.45131 Discharge; transfer; policy; procedure; planning. Rule 131. (1) A health facility or agency shall have a written discharge policy and procedure that is provided to the patient or any other person or agency responsible for the patient upon request. (2) A health facilit…

R 325.45139 Personnel; communicable disease screening; immunization; mitigation. Rule 139. (1) An applicant or licensee shall adopt written policies and procedures to ensure that all of the following communicable disease prevention measures are implemented: (a) Evaluation of the …

R 325.45141 Infection control education and training. Rule 141. (1) The licensee shall maintain an ongoing program of education and training on methods to prevent or reduce the transmission of infectious agents for all personnel upon hire and at ongoing intervals as applicable, i…

R 325.45145 Employee; health; communicable disease. Rule 145. (1) The licensee shall ensure that an employee is free from communicable disease. A health facility or agency shall maintain employee files containing baseline screening for communicable diseases or immunizations, and …

R 325.45147 Emergency preparedness program. Rule 147. The applicant or licensee shall have an all-hazard emergency preparedness program to meet the health and safety needs of its patient population and personnel. The emergency preparedness program must provide guidance on how to …

R 325.45149 Risk assessment. Rule 149. (1) An applicant or licensee shall conduct a risk assessment or use a risk assessment conducted by its municipal or county emergency management agency. If an emergency management agency's risk assessment is used, the applicant or licensee sh…

R 325.45151 Emergency response plan. Rule 151. (1) An applicant or licensee shall have a written emergency response plan. The plan must be based on the risk assessment. (2) The emergency response plan must address capacities and capabilities critical for a response to and recover…

R 325.45153 Policies and procedures for emergency preparedness. Rule 153. (1) An applicant or licensee shall have written policies and procedures for emergency preparedness and recovery that are based on the risk assessment. (2) The policies and procedures must address, but are n…

R 325.45155 Communication plan. Rule 155. (1) As part of its emergency preparedness program, an applicant or licensee shall have a written communication plan. The communication plan must include, but is not limited to, notification of the following as appropriate to the emergent …

R 325.45157 Emergency preparedness training and testing program. Rule 157. (1) An applicant or licensee shall develop and implement an emergency preparedness training and testing program. The training and testing program must include initial emergency response training for new an…

R 325.45159 Medical audit; utilization review; document access. Rule 159. (1) A health facility or agency shall establish a process for medical audits of individual patient cases. Medical audits shall be conducted on a representative sample of patient cases. A medical audit is to…

R 325.45161 Quality assessment and performance improvement program. Rule 161. The governing body shall ensure the health facility or agency has a quality assessment and performance improvement program that is defined, implemented, maintained, and includes all of the following: (a…

R 325.45165 Performance improvement initiatives; indicators. Rule 165. The quality assessment and performance improvement program must establish performance improvement initiatives that focus on high risk, high volume, and problem-prone areas. If no performance improvement projec…

R 325.45171 Administrator. Rule 171. (1) The governing body shall appoint one individual who is responsible for managing the health facility or agency, including but not limited to the following duties: (a) Directing all day-to-day activities. (b) Ensuring the implementation of a…

R 325.45173 Medical Staff. Rule 173. (1) The governing body shall ensure that medical staff requirements are met and that the medical staff is accountable to the governing body. Page 21 Courtesy of Michigan Administrative Rules (2) A physician must be designated as the leader of …

R 325.45175 Director of nursing. Rule 175. (1) A health facility or agency shall designate a registered professional nurse to serve as the director of nursing. (2) The director of nursing shall direct all nursing services. (3) A health facility or agency may assign a different ti…

R 325.45177 Nursing personnel. Rule 177. At all times during each shift, a health facility or agency shall meet the minimum staffing requirements specified in the code. For the purposes of determining compliance with nursing personnel-to-patient ratios specified in the code, a me…

R 325.45179 Independently licensed health professional. Rule 179. A health facility or agency may employ, contract, or grant privileges to a qualified individual who is independently licensed to practice a health profession pursuant to article 15 of the code. History: 2020 AACS.

R 325.45181 Ancillary personnel. Rule 181. A health facility or agency may employ or contract ancillary personnel to assist in patient care within the areas of their competence if the individual is adequately trained and working under appropriate supervision. History: 2020 AACS. …

R 325.45185 Credentialing; clinical privileges; policy; procedure; record. Rule 185. A health facility or agency shall maintain policies and procedures for the credentialing and granting of clinical privileges to medical and allied health professionals. Records must be maintained…