Michigan Administrative Code

R 338.8105 Telehealth. Rule 105. (1) A licensee shall obtain consent for treatment before providing a telehealth service pursuant to section 16284 of the code, MCL 333.16284. (2) A licensee shall keep proof of consent for telehealth treatment in the patient's up-to-date medical r…

R 299.8106 Awarding of leases. Rule 106. (1) Department approval is required before any lease may be issued. The department reserves the right to reject any and all bids with reasons stated. (2) The department may group descriptions for which issuance of leases has been approved …

R 400.8107 Applicant qualifications; license application; fees. Rule 107. (1) An applicant shall meet all of the following qualifications: (a) Be suitable to meet the needs of children. (b) Be able to ensure that the proposed services and facilities are conducive to the welfare o…

R 400.8110 Applicant; licensee; licensee designee; requirements. Rule 110. (1) The licensee or licensee designee shall do all of the following: Page 8 Courtesy of Michigan Administrative Rules (a) Act in a manner that is conducive to the welfare of children. (b) Comply with secti…

R 400.8112 Children's records. Rule 112. (1) At the time of a child's initial attendance, a center shall obtain a child information card, using a form provided by the department or a comparable substitute, that is completed, signed, and dated by the child's parent and updated as …

R 400.8113 Information provided to parents. Rule 113. (1) A center shall provide a handbook, electronically or hard copy, to each parent enrolling a child that includes at least all of the following: (a) Criteria for admission and withdrawal. (b) Schedule of operation that denote…

R 400.8121 Indoor space. Rule 121. (1) The required square footage of indoor space per child must be at least the following: (a) Forty-two square feet for infants and toddlers. (b) Thirty-five square feet for preschoolers and school-aged. (c) Thirty-five square feet for small cap…

R 338.8121 Examination approval and adoption; requirements; passing score. Rule 121. (1) The board approves and adopts the APMLE sponsored by the NBPME or its successor. (2) An applicant applying for licensure shall have achieved a passing score on all of the following parts of t…

R 400.8125 Outdoor play area. Rule 125. (1) The outdoor play area is considered an outdoor classroom and an extension of the learning environment. (2) A center operating with children in attendance for 3 or more continuous hours per day shall provide daily outdoor play, unless pr…

R 400.8131 Equipment. Rule 131. (1) A center shall not use equipment, toys, materials, and furnishings recalled or identified by the United States Consumer Product Safety Commission as being hazardous. This information is available free of charge at the United States Consumer Pro…

R 400.8134 Sleeping Equipment. Rule 134. (1) All bedding and sleeping equipment must be appropriate for the child, clean, comfortable, safe, and in good repair. (2) Heavy objects that could fall on a child, such as shelving and televisions, must not be above sleeping equipment. (…

R 400.8137 Telephone service. Rule 137. (1) An operable phone must be available and accessible onsite during the hours the center is in operation. (2) During the hours the center is in operation, a phone number known to the public and available to parents to provide immediate acc…

R 400.8140 Water supply; plumbing. Rule 140. (1) The water system must comply with the requirements of the local health department. (2) Plumbing must be designed, constructed, installed, and maintained to prevent cross-connection with the water system. (3) Sinks, toilet rooms, dr…

R 338.8141 Initial licensure by examination; requirements. Rule 141. An applicant for licensure by examination shall submit a completed application, on a form provided by the department, together with the requisite fee. In addition to meeting the requirements of the code and the …

R 338.8143 Licensure by endorsement; requirements. Rule 143. (1) An applicant for licensure by endorsement shall hold a current license in good standing from another state or province of Canada and meet the requirements of the code and the rules promulgated under the code. (2) An…

R 400.8143 Toilets; hand washing sinks. Rule 143. (1) A center shall provide toilet and hand washing sinks as follows: (a) A center operating with children toddler age or older in attendance less than 5 continuous hours a day shall provide at least 1 toilet and 1 hand washing sin…

R 400.8146 Sewage disposal. Rule 146. (1) Sewage and other water-carried wastes must be disposed of through a municipal or private sewer system. (2) Private sewer and septic systems must be designed and operated to safely dispose of all wastewater generated, be adequate in size f…

R 338.8147 Educational limited licenses; limited license renewal. Rule 147. (1) An educational limited license authorizes the licensee to engage in the practice of podiatric medicine and surgery as part of a postgraduate education program. (2) An applicant for an educational limi…

R 338.8149 Requirements for relicensure after lapse. Rule 149. (1) An applicant whose license has lapsed may be relicensed under section 16201(3) or (4) of the code, MCL 333.16201, as applicable, if the applicant meets the requirements of the code and rules promulgated under the …

R 400.8149 Garbage and refuse. Rule 149. (1) All garbage must be removed from the center daily. (2) Garbage containers must be washed when soiled. (3) Garbage stored outside must be in sealed plastic bags in watertight containers with tight-fitting covers or in a covered dumpster…

R 338.8151 License renewal. Rule 151. (1) An applicant for license renewal shall accumulate not less than 150 hours of continuing education in activities approved by the board under R 338.8153 during the 3 years immediately preceding submitting an application for renewal. (2) An …

R 400.8152 Heating; temperature. Rule 152. (1) The temperature in child use areas must be maintained at a safe and comfortable level so that children in care do not become overheated or chilled. (2) The indoor temperature must be not less than 68 degrees Fahrenheit in child use a…

R 338.8153 Acceptable continuing education; requirements; limitations. Rule 153. (1) The 150 hours of continuing education required under R 338.8151(1) for the renewal of a license shall comply with the following, as applicable: (a) Not more than 12 credit hours may be earned dur…

R 400.8155 Light, ventilation, and screening. Rule 155. (1) The total ventilation area in every habitable room, as provided by openable windows, must be not less than 4.5% of the floor area, unless central air conditioning is provided. (2) If ventilation is dependent on a mechani…

R 400.8158 Premises. Rule 158. (1) The center shall be located on land that provides good natural drainage or that is properly drained. (2) Stairs, walkways, ramps, landings, and porches must meet all of the following requirements: (a) If elevated, have barriers to prevent falls …

R 400.8161 Maintenance of premises. Rule 161. (1) The premises must be maintained in a clean and safe condition and must not pose a threat to health or safety. (2) The premises must be maintained so as to eliminate and prevent rodent and insect harborage. (3) Roofs, exterior wall…

R 400.8164 Poisonous or toxic materials. Rule 164. Containers of poisonous or toxic materials must be clearly labeled for easy identification of contents and stored out of reach of children. This includes chemical sanitizers and disinfectants. History: 2013 AACS; 2019 AACS; 2025 …

R 400.8167 Smoking or vaping. Rule 167. (1) Smoking and vaping must not occur at any time in or during both of the following: (a) In the child care center or on real property that is under the control of the center and on which the center is located. (b) On field trips and in veh…

R 408.8191 Rescission. Rule 191. The code for elevators, dumbwaiters, and escalators, being R 408.231 to R 408.473 of the Michigan Administrative Code and appearing on pages 4616 to 4675 of the 1954 volume of the Code, and the Michigan elevator code, being R 408.10001.0 to R 408.…

R 400.8201 Comprehensive background check; fingerprinting. Rule 201. (1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, before an individual has unsupervised contact with children, the department shall determine the individual's eligibility to be any of the…

R 330.8209 Limitation on concurrent determinations of ability to pay. Rule 8209. There shall be only 1 ability-to-pay determination in effect for a responsible party at any given time and there shall be a cooperative, collaborative effort among the department, the community menta…

R 400.8210 Lead teacher; qualifications; responsibilities. Rule 210. (1) Lead teachers are required only for groups of children who are preschool-age and younger. (2) Lead teachers are responsible for both of the following: (a) Overseeing the planning, implementation, and evaluat…

R 400.8213 Staff; volunteer. Rule 213. (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision of children at all times. (b) Act in a manner that is conducive to the welfare of children. (c) Make an immediate verbal report to the dep…

R 330.8215 Explanation of financial liability process. Rule 8215. The department and the community mental health services programs shall provide an explanation of the financial liability process before the start of service or as soon as practical thereafter. The explanation shall…

R 400.8216 Orientation. Rule 216. (1) Program staff and unsupervised volunteers shall participate in the center's orientation training about the center's policies and practices and these rules. (2) Within 30 calendar days after being present at the center and before caring for ch…

R 330.8217 Minor seeking treatment under section 707 of the act. Rule 8217. A minor who is 14 years of age or older and who is seeking treatment under section 707 of the act shall be considered as the responsible party for the determination of ability to pay if the parents are no…

R 400.8219 Sleeping, resting. Rule 219. (1) Children under 3 years of age shall be provided opportunities to rest regardless of the number of hours in care. (2) A center shall allow children under 18 months of age to sleep on demand. (3) Infants shall rest or sleep alone in cribs…

R 400.8222 Capacity, ratio and group size. Rule 222. (1) The actual number and ages of children in care at any time must never exceed the number and ages of children for which the center is licensed. (2) Not less than 2 adults, 1 of whom is a child care staff member, shall be pre…

R 330.8239 Determination of ability-to-pay for non-residential services; parents of an individual; member or non-member of the household. Rule 8239. (1) A responsible party's ability-to-pay f or nonresidential services must be the amount established by this rule's non-residential…

R 330.8240 Determination of fee for respite services. Rule 8240. (1) The fee for respite services for a full day or any portion of the day must be determined by dividing the monthly ability-to-pay amount determined from the non- residential table specified in R 330.8239 by 30 and…

R 330.8241 Ability-to-pay method selected. Rule 8241. A per-session, monthly, or annual ability to pay shall apply to each program area, and the ability-to-pay method selected shall be identified in the department's and community mental health services programs' written policies …

R 330.8242 Ability-to-pay determinations based on total financial circumstances. Rule 8242. (1) If a responsible party's ability-to-pay is determined pursuant to section 819 of the mental health code, 1974 PA 258, MCL 330.1819, all the following provisions apply: Page 9 Courtesy …

R 330.8250 Division of assets jointly owned in determining ability to pay. Rule 8250. In determining ability to pay, the value of assets that are jointly owned shall be divided equally among all owners, unless otherwise specified by an ownership agreement. History: 1989 AACS; 199…

R 400.8254 Diapering; toileting. Rule 254. (1) Except as provided in subrule (2) of this rule, diapering must occur in a designated diapering area that complies with all of the following: (a) Is physically separated from food preparation and food service. (b) Is within close prox…

R 330.8256 Collection of ability-to-pay amounts. Rule 8256. The department and the community mental health services programs shall make a reasonable, bona fide collection effort and shall adopt policies that shall be consistently applied to all responsible parties for collection …

R 400.8257 Biocontaminants. Rule 257. A center shall use standard precautions regarding prevention, exposure, and disposal of biocontaminants. History: 2025 MR 10, Eff. May 7, 2025.

R 400.8260 Medication; administrative. Rule 260. (1) Medication, prescription or nonprescription, must be given to a child by program staff only. (2) Program staff shall give or apply medication, prescription or nonprescription, only with prior written permission from a parent. (…