DEPARTMENT OF CONSUMER & INDUSTRY SERVICES

                         DIRECTOR'S OFFICE

                  BOARD OF NURSING - GENERAL RULES

(By authority conferred on the director of the  department  of  consumer  and 
industry services by section 17201 of 1978 PA 368, MCL 333.17201 et seq.  and 
Executive Reorganization Order Nos.  1996-1  and  1996-2,  MCL  330.3101  and 
445.2001)


                        PART 1. GENERAL PROVISIONS


R 338.10101    Definitions.
  Rule 101. (1) As used in this part:
  (a) "Act" means 1978 PA 368, MCL 333.1101 et seq.
  (b) "Authorized representative" means the chairperson,  vice   chairperson, 
or such other member of  the  board  or  staff  as  the  board  may  formally 
designate.
  (c) "Board" means the Michigan board of nursing.
  (2) Terms defined in the act have the same  meanings  when  used  in  these 
rules.

  History:  1989 AACS; 2003 AACS.


R 338.10102    Request for board action.
  Rule 102. (1) A person who desires to  submit  a  request  for  declaratory 
ruling under 1969 PA 306, MCL 24.201 et  seq.  shall  make  that  request  in 
writing.  The request shall be filed with  the  Michigan  Board  of  Nursing, 
Department of Consumer and Industry  Services,  611  West  Ottawa,  P.O.  Box 
30670, Lansing, MI 48909.
  (2) The board or its authorized representative may  require   the    person 
to submit additional information necessary to make an appropriate  resolution 
of the matter.

  History:  1989 AACS; 2001 AACS; 2003 AACS.


R 338.10103    Assessment of fines.
  Rule 103. (1) The board shall make a determination as to the  amount  of  a 
fine based on the following factors:
  (a) The extent to which the licensee obtained financial  benefit  from  any 
conduct comprising part of the violation found by the board.
  (b) The willfulness of the conduct found to be  part   of   the   violation 
determined by the board.
  (c) The cost  incurred  in  investigating  and   proceeding   against   the 
licensee.
  (2) A fine shall not exceed the sum  of  $2,500.00   for   each   violation 
found to have been committed by the licensee.

  History:  1989 AACS.


R 338.10104    Delegation.
  Rule 104.  (1)  Only  a  registered  nurse  may  delegate   nursing   acts, 
functions,  or  tasks.   A  registered  nurse  who  delegates  nursing  acts, 
functions, or tasks shall do all of the following:
  (a) Determine whether the act, function, or task  delegated    is    within 
the registered nurse's scope of practice.
  (b) Determine the qualifications of the delegatee before such delegation.
  (c) Determine whether the delegatee  has  the  necessary   knowledge    and 
skills for the acts, functions,  or  tasks  to  be  carried  out  safely  and 
competently.
  (d) Supervise and evaluate the performance of the delegatee.
  (e) Provide or recommend remediation of the performance when indicated.
  (2)  The  registered  nurse  shall  bear  ultimate    responsibility    for 
the performance of nursing acts, functions,  or  tasks  performed   by    the 
delegatee within the scope of the delegation.

  History:  1989 AACS; 2003 AACS.


R 338.10199    Rescission.
  Rule 199. R 338.1201 of the Michigan Administrative  Code,   appearing   on 
page 2479 of the 1979 Michigan Administrative Code, is rescinded.

  History:  1989 AACS.


                            PART 2. LICENSURE

R 338.10201    Definitions.
  Rule 201. (1) As used in this part:
  (a) "Act" means 1978 PA 368, MCL 333.1101 et seq.
  (b) "Board" means the Michigan board of nursing.
  (c) "Completed a practical nurse  education  program  acceptable   to   the 
board" means 1 of the following:
  (i) That the applicant is a  graduate  of  a  practical   nurse   education 
program which is located in this state and which is approved by the board.
  (ii) That the applicant is  a  graduate  of  a  practical  nurse  education 
program which is located in another state or  territory   of    the    United 
States,  as required by  §  333.16186,  and  that  program  is  substantially 
equivalent to  the program requirements of article 15 of the  act   and   the 
rules  promulgated  by the board.
  (iii) That the applicant is a graduate of a nurse education  program   that 
is substantially equivalent to a practical nurse education program   approved 
by the board.  The applicant  has  completed  the   core    curriculum    for 
practical nurse applicants in a nurse education program  which  is  not  less 
than 30 weeks in duration and which  includes  courses  in  both  theory  and 
clinical practice.
  (d) "Completed a registered  nurse  education  program  acceptable  to  the 
board" means 1 of the following:
  (i) That the applicant is  a  graduate  of  a  registered  nurse  education 
program which is located in this state and which is approved by the board.
  (ii) That the  applicant  is   a   graduate   of   a    registered    nurse 
education program which is located in  another  state  or  territory  of  the 
United  States, as required by § 333.16186, and that program is substantially
 equivalent  to the program requirements of article 15 of the act   and   the 
rules  promulgated by the board.
  (iii) That the applicant is a graduate of a nurse education  program  which 
is located outside of the United  States  and  that  the  applicant   is   in 
compliance with the requirements for a certificate from the   commission   on 
graduates  of foreign nursing schools (cgfns) pursuant  to  the  requirements 
set forth in the document entitled "Path to CGFNS  Certification:   Applicant 
Handbook,  Edition 29"  August,  2001.   A  copy  of  the  guidebook  can  be 
obtained, at no cost,  from the Commission on Graduates  of  Foreign  Nursing 
Schools, 3600  Market  Street, Suite 400, Philadelphia, PA 19104-2651 or from 
the  commission's  website  at http://www.cgfns.org.  A copy of the  handbook 
is available for inspection  or distribution at cost from the  Department  of 
Consumer and  Industry  Services, 611 West Ottawa, P.O. Box  30670,  Lansing, 
MI 48909.
  (A) If the applicant is a graduate of a  nurse  education   program    that 
is located outside of the United States, has passed the  NCLEX   examination, 
and has maintained an active license, with  no  disciplinary   sanctions   in 
this country for at least 5 years immediately  preceding   the    application 
for  a Michigan  license,  then  the  applicant  shall   be    exempt    from 
completing  the requirements for  a  certificate  from  the   commission   on 
graduates  of  foreign nursing schools.
  (iv) That the applicant is  a  graduate  of  a  Canadian  registered  nurse 
program that is approved by a province  in  Canada   and   is    taught    in 
English.   The applicant shall hold a license to practice nursing  in  Canada 
that  is  active and has not been sanctioned.
  (e) "Core curriculum for practical nurse applicants"  means   courses    in 
both didactic instruction and  planned  clinical  learning  in  each  of  the 
following 4 areas of nursing:
  (i) Medical nursing, which consists of the study of  nursing    care    for 
the adult patient, both male and female, who  is  in  the  acute  or  chronic 
phases of a medical illness.
  (ii) Obstetrical nursing, which consists of the study of    nursing    care 
for women in the  antepartum,  labor/delivery,  and  postpartum   phases   of 
pregnancy, and includes the care of the   newborn   infant   and    may    be 
referred  to  as maternal-child nursing.  Gynecological nursing  alone   does 
not  fulfill  this obstetric nursing education requirement.
  (iii) Pediatric nursing, which consists of the study  of    nursing    care 
for children whose  ages  range  from  birth  through  adolescence  and   who 
are receiving nursing care for  both  medical  and  surgical  reasons.   This 
education does not include newborn nursing education.
  (iv) Surgical nursing, which consists of the study of nursing   care    for 
the adult patient, both male and female, who is  receiving    nursing    care 
for  a surgical procedure.
  (f) "Core curriculum for registered nurse applicants"  means   courses   in 
both didactic instruction and  planned  clinical  learning  in  each  of  the 
following 5 areas of nursing:
  (i) Medical nursing, which consists of the study of  nursing    care    for 
the adult patient, both male and female, who  is  in  the  acute  or  chronic 
phases of a medical illness.
  (ii) Obstetrical nursing, which consists of the study of    nursing    care 
for women in the  antepartum,  labor/delivery,  and  postpartum   phases   of 
pregnancy, and includes the care of the   newborn   infant   and    may    be 
referred  to  as maternal-child nursing.  Gynecological nursing  alone   does 
not  fulfill  this obstetric nursing education requirement.
  (iii) Pediatric nursing, which consists of the study  of    nursing    care 
for children whose  ages  range  from  birth  through  adolescence  and   who 
are receiving nursing care for  both  medical  and  surgical  reasons.   This 
education does not include newborn nursing education.
  (iv) Psychiatric nursing, which consists of the nursing  care  of  patients 
who are receiving nursing care for an acute or chronic psychiatric disorder.
 It may also be referred to as mental health nursing.  Education that  covers 
only areas   of   mental   retardation,   organic   brain    syndromes,    or 
neurological diseases does not  fulfill  the  psychiatric  nursing  education 
requirement.
  (v) Surgical nursing, which consists of the study of nursing    care    for 
the adult patient, both male and female, who is  receiving    nursing    care 
for  a surgical procedure.
  (g) "Department"  means  the  Michigan   department   of    consumer    and 
industry services.
  (2) Terms defined in the act have the  same   meanings   when    used    in 
these rules.

  History:  1990 AACS; 1994 AACS; 2003 AACS.


R 338.10202    Examination; adoption; passing scores.
  Rule 202.  The board approves and adopts the examinations   developed    by 
the national council of state boards of nursing, inc.,  hereafter  identified
 as the "NCLEX-RN" for the registered nurse  and  the  "NCLEX-PN"   for   the 
practical nurse.  Examinees shall achieve a score of pass  on    the    NCLEX 
computerized adaptive test (cat).

  History:  1990 AACS; 1994 AACS; 2003 AACS.


R 338.10203    Licensure by examination; requirements.
  Rule 203. (1) 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 other   requirements   of   the 
act  and  the  administrative  rules  promulgated   pursuant   thereto,    an 
applicant shall satisfy the requirements of this rule.
  (2) An applicant for a registered nurse license shall establish that  he or 
she meets the eligibility requirements to  sit  for  the  NCLEX-RN  set forth 
in R 338.10204 and shall pass the NCLEX-RN.
  (3) An applicant for a practical nurse license shall establish  that  he or 
she meets the eligibility requirements to  sit  for  the  NCLEX-PN  set forth 
in R 338.10204 and shall pass the NCLEX-PN.
  (4) Notwithstanding the provisions of section 16307(3) of  the   act,   the 
fees paid by an applicant who  has  not  completed   all   requirements   for 
licensure by examination within 3 years after receipt of  the  application by 
the department shall be forfeited to the department and the application shall 
be void.

  History:  1990 AACS.


R 338.10204    Examinations; eligibility; reexaminations.
  Rule 204. (1) To assure eligibility for  the  examination,   an   applicant 
shall submit a completed application on forms provided by   the   department, 
together with the requisite fee.
  (2) To be eligible  to  sit  for  the  NCLEX-RN,   an    applicant    shall 
establish that he or she has completed a registered nurse  education  program
 that  is acceptable to the board.
  (3) To be eligible  to  sit  for  the  NCLEX-PN,   an    applicant    shall 
establish that he or she has completed a practical  nurse  education  program
 that  is acceptable to the board.
  (4) To be eligible to sit  for   the   NCLEX-PN,   an    applicant    whose 
nursing education was taught in  a  language  other  than    English    shall 
demonstrate  a working knowledge of the English  language  in   addition   to 
meeting  the  other requirements of  this  rule.  To  demonstrate  a  working 
knowledge of English,  an  applicant  shall  document  that  he  or  she  has 
obtained a scaled  score  of  not less than 550 on the paper-based test or  a 
scaled score of not less than  213 on the  computer-based  test  of   English 
as  a  foreign  language  that  is administered by  the  educational  testing 
service and obtained a score  of  not less than 50 on the test   of    spoken 
English  that  is  administered  by  the educational testing service.
  (5) An applicant shall complete the NCLEX-RN within 12 months of   his   or 
her first attempt at the test in this state or another  state.   The    first 
attempt at the  test  shall  occur  within  2  years  of  graduation  from  a 
registered  nurse education program.  An applicant who  has  not  achieved  a 
passing score on  the examination within the 12-month  period  shall  not  be 
eligible to sit again for the NCLEX-RN until the applicant  has  completed  a 
registered  nurse  education program  that  is  acceptable  to  the  board.
Thereafter, an  applicant  may  sit for the examination an additional   cycle 
of  3  times  after   repeating   the  required  registered  nurse  education 
program.  An applicant may  sit  for  the NCLEX-RN a maximum of 6 times total.
  (6) If an applicant is a  graduate  of  a   Canadian    registered    nurse 
program that is approved by a province in Canada and is taught   in   English 
and  the applicant holds a current license in Canada, the  first  attempt  at 
taking  the NCLEX-RN will not have to occur within 2 years of graduation.
  (7) An applicant shall complete the NCLEX-PN within 12 months of   his   or 
her first attempt at the test in this state or another  state.   The    first 
attempt at the test shall  occur  within  2  years  of  graduation   from   a 
practical  nurse education program.  An applicant  who  has  not  achieved  a 
passing score on  the examination within the 12-month  period  shall  not  be 
eligible to sit again for the NCLEX-PN until the applicant has  completed   a 
practical  nurse  education  program  that  is  acceptable  to  the  board.
Thereafter, an  applicant  may  sit for the examination an additional   cycle 
of  3  times   after   repeating   the  required  practical  nurse  education 
program.  An applicant  may  sit  for  the NCLEX-PN  a  maximum  of  6  times 
total.

  History:  1990 AACS; 1994 AACS; 1996 AACS; 2003 AACS.


R 338.10206    Licensure by endorsement; requirements.
  Rule 206. (1) An applicant for  licensure  by  endorsement  shall  submit a 
completed application on a form provided by the department,   together   with 
the requisite fee.  In addition to meeting the other requirements of the  act 
and the administrative rules  promulgated  pursuant  thereto,  an   applicant 
who satisfies the  requirements  of  this  rule  shall  be  deemed  to   meet 
the requirements of section 16186(l)(a) and (d) of the code.
  (2) An applicant for a registered nurse  license  shall  meet    both    of 
the following requirements:
  (a) The applicant  shall  establish  that  he  or  she  has   completed   a 
registered nurse education program that is acceptable to   the    board    as 
defined  in  R 338.10201 or that  he  or  she  meets  all  of  the  following 
requirements:
  (i) Was first licensed in another state before the  effective    date    of 
this amendatory rule.
  (ii) Is a graduate of a nurse education program that is   located   outside 
the United States.
  (iii) Is a graduate of a nurse education program which is not  less    than 
60 weeks in duration and which includes  courses   in   both    theory    and 
clinical practice for registered nurse applicants.
  (iv) Has completed the core curriculum for registered nurse applicants.
  (b) An applicant shall establish 1 of the following:
  (i) That he or she was first licensed as  a  registered  nurse  in  another 
state pursuant to an examination that was taken before July 13, 1982.
  (ii) That he or she was first  licensed  as   a   registered    nurse    in 
another state pursuant to an examination that was taken on or   after    July 
13,  1982, but before February 14, 1989, and achieved a  score  of  not  less 
than  1600  on the NCLEX-RN.
  (iii) That he or she was first  licensed  as  a   registered    nurse    in 
another state pursuant to an examination that  was  taken   on    or    after 
February  14, 1989, and achieved a score of pass on the NCLEX-RN.
  (3) An applicant for a practical  nurse  license  shall  meet    both    of 
the following requirements:
  (a) The applicant shall  establish  that  he  or  she  has   completed    a 
practical nurse education program that is acceptable to the board.
  (b) An applicant shall establish 1 of the following:
  (i) That he or she was first licensed as a  practical  nurse   in   another 
state pursuant to an examination that was taken before October 19, 1982.
  (ii) That he or she was first licensed as  a  practical  nurse  in  another 
state pursuant to an examination that was taken on  or  after   October   19, 
1982,  but before October 18, 1988, and achieved a score of not  less    than 
350  on  the NCLEX-PN.
  (iii) That he or she was first  licensed  as   a   practical    nurse    in 
another state pursuant to an examination that was taken on or  after  October 
18, 1988, and achieved a score of pass on the NCLEX-PN.

  History:  1990 AACS; 1994 AACS; 1996 AACS; 2003 AACS.


R 338.10299    Rescission.

  Rule 299. R 338.1201 to R 338.1235 of the  Michigan  Administrative   Code, 
appearing on pages 2479 to 2482 of the 1979  Michigan  Administrative   Code, 
are rescinded.

  History:  1990 AACS.


                    PART 3. NURSING EDUCATION PROGRAMS


R 338.10301    Definitions.
  Rule 301.  As used in this part:
  (a) "Act" means 1978 PA 368, MCL 333.1101 et seq.
  (b)  "Clinical  experience"  means  direct   nursing    care    experiences 
with patients or clients which offer students the opportunity  to  integrate, 
apply, and refine specific skills and  abilities   which   are    based    on 
theoretical concepts and scientific principles.
  (c) "Clinical laboratory hours" means those  hours  of    the    curriculum 
which are  assigned  to  laboratory  practice,  simulated    learning,    and 
observational experiences which offer the  student   the    opportunity    to 
meet  educational objectives.
  (d) "Conceptual framework" means the distinct,   systematic    organization 
of concepts which is derived from the philosophy and purposes of the  program 
and gives direction to the curriculum.
  (e)  "Cooperating  agency"  means  an   individual,    organization,     or 
institution which, by written agreement or letter of intent, accepts students 
and faculty for nursing educational experiences.
  (f) "Curriculum"  means  implementation  of  the   philosophy,    purposes, 
program objectives, and conceptual framework   of   the    nursing    program 
through  the systematic arrangement of courses, including  objectives  stated 
in   measurable  terms  and   accomplished   through   appropriate   learning 
experiences planned for a clearly defined group of students   and   extending 
over  a  period  of  time.
Systematic and ongoing evaluation within the context of measurable objectives 
is inherent in the curriculum.
  (g) "Director of the  nursing  program"  means  a  qualified   nurse    who 
is delegated the authority and accountability for the  nursing   program   by 
the sponsoring agency.
  (h)  "Full  approval"  means  approval  of  a   program   granted     after 
satisfactory demonstration to the board of compliance with these rules.
  (i) "Initial approval" means approval which  is  granted  by   the    board 
to inaugurate a program of nursing education.
  (j)  "Instruction"  means  educational    methodology     for     achieving 
curriculum objectives in a classroom.
  (k) "Learning experiences" means  planned  learning    situations,    which 
may include  clinical   experiences,   clinical    laboratory    hours,    or 
classroom instruction.
  (l)  "Major  program  change"   means   revision    of    the     program's 
philosophy, conceptual framework,  or   objectives;    curriculum    revision 
relating  to  a revision of the program's philosophy,  conceptual  framework, 
or objectives  or change in primary instructional method; the elimination  of
 separate   course  content  for  an  integrated  approach;  or  a  permanent 
expansion in the number of students served.
  (m)  "Nursing  process"  means   the    ongoing    assessment,    analysis, 
planning, implementation, and evaluation of nursing care.
  (n) "Observational experience" means a planned learning  situation    which 
is nonparticipatory  and  does  not  require  intervention  by  the  student.
Experience shall meet preplanned stated objectives and  provide  for  faculty 
and student evaluation.
  (o) "Philosophy" means  the   stated   beliefs   of   a    faculty    about 
nursing education and practice which determine the design of  the  curriculum 
and  the evaluation of the program and  which  are  consistent    with    the 
educational philosophy of the sponsoring agency.
  (p) "Practical nurse  program"  means  a  nursing  program    to    prepare 
students for practical nurse  licensure.  The  program  is  approximately   1 
year  in duration and awards a certificate of completion.
  (q) "Program of nursing education" means a plan  or    design    indicating 
the relationship of the components necessary  to  achieve   the    goal    of 
preparing persons for licensure as registered or practical nurses  under  the 
act.
  (r) "Progress report" means a document to be submitted to the  board  at  a 
specified interval to respond to definitive questions and requirements of the 
board as outlined in written form by the board to the sponsoring agency.
  (s) "Registered nurse  program"  means  a  nursing  program   to    prepare 
students for initial registered nurse licensure.
  (t) "Self-study report" means a report  of  all  aspects  of   a    program 
of nursing education based upon the requirements of this part  and   prepared 
by the sponsoring agency.  The report follows thorough review of all  aspects 
of the program of nursing education by persons who are  knowledgeable   about 
the program.
  (u) "Site visit" means a physical inspection of an institution   and    all 
the components of its  program  of  nursing  education  for  the  purpose  of 
determining compliance with the requirements of this part.
  (v) "Sponsoring agency" means the organization or institution   of    which 
the nursing program is a component.

  History:  1989 AACS; 2003 AACS.


R 338.10302    Applicability.
  Rule 302. (1) An applicant for a license to  practice   as   a   registered 
nurse shall have completed an  approved  registered  nurse   program   or   a 
program deemed by the board to be equivalent thereto.
  (2) An applicant for a license to practice as a   practical   nurse   shall 
have completed an approved practical nurse program or a  program  deemed   by 
the board to be equivalent thereto.

  History:  1989 AACS.


R 338.10303    Program approval; procedure.
  Rule 303.  (1)   The   following   requirements   are    established    for 
initial approval of a program of nursing education:
  (a) The sponsoring agency shall submit all of the following to the board:
  (i) A letter of intent to initiate a program of nursing education.
  (ii) Evidence that the mission of the sponsoring  agency   is    consistent 
with provision of a program to  prepare  students  for  the    practice    of 
nursing  as defined in the act.
  (iii) Evidence that the sponsoring agency  will   provide    funding    and 
other support for a nursing education program which meets  the   requirements 
defined in this part.
  (iv) If the sponsoring agency is an institution requiring    approval    of 
the Michigan department of career  development   to   conduct    a    nursing 
education program or to confer a particular degree or  certificate  upon  the 
graduates of the program,  a  copy  of  the  Michigan  department  of  career 
development approval shall be submitted to the board.
  (v) Evidence of the availability  of  sufficient    cooperating    agencies 
which meet the requirements of  R  338.10307(5),  (6),  (7),  and   (8)    to 
provide clinical experiences for the program.
  (vi) Proposed number of students to become enrolled in the program annually.
  (vii) Proposed first date  of  admission  of  students  to   the    nursing 
sequence of the program.
  (viii) Plans to recruit and employ a qualified director for   the   program 
and other faculty members sufficiently in advance of admitting  students   to 
the nursing sequence to assure consistency in the planning and implementation
 of the curriculum.  If already appointed, the names and  qualifications   of 
the director of the program and other faculty members shall be provided.
  (b) The board shall require a  site  visit  to   the   program    by    the 
nurse consultant of the board in advance of considering initial approval.   A 
report of the site visit shall be prepared  by  the  nurse   consultant   and 
provided  to the board and the sponsoring agency.
  (c) Following initial approval from the  board  and    before    initiating 
the nursing sequence, the program shall  submit  a  self-study  report  which
 is approved by the board.  The report shall set  forth  evidence  of   plans 
for compliance with the educational requirements of this part.
  (d) Annually, the program director shall submit a  progress  report  during 
the period of initial approval.   When  applicable,  the   progress    report 
shall include information about each of the following:
  (i) Admission, progression, and retention of students.
  (ii) Student achievement on the required licensure examination.
  (iii) Program evaluation.
  (iv) Program changes.
  (2) The sponsoring agency may apply to the board for full    approval    of 
the program after graduation of the second class, but shall apply  not  later 
than graduation of the fourth class.  One class shall  be  counted  for  each 
12-month period.  The  following  requirements  are  established   for   full 
approval  of  a program of nursing education:
  (a) The sponsoring agency shall make application to the board in  the  form 
of a letter.
  (b) The sponsoring agency shall  submit   a   self-study    report.     The 
report  shall  set  forth  evidence  of  compliance  with   the   educational 
requirements  of this part.
  (c) The board shall require a  site  visit  to   the   program    by    the 
nurse consultant of the board before considering full approval.   A    report 
of  the site visit shall be prepared by the nurse  consultant  and   provided 
to  the board and the sponsoring agency.
  (d) When granted full approval for the program  of    nursing    education, 
the sponsoring agency shall continue to meet all  of  the   requirements   of 
this rule.  Every 4 years the sponsoring agency shall submit a report to  the 
board which is accepted by the board.   The   report   will    alternate    a 
self-study report with an abbreviated report on a form prepared by the  board 
so  that  a self-study report is submitted every 8 years  for  non-accredited 
programs  and at least every  10  years   for   accredited    programs.     A 
self-study  report prepared for accreditation or  re-accreditation    by    a 
nationally  recognized accrediting agency of nursing education  programs  may 
be submitted in place of the self-study report prepared for the  board.   The 
schedule for submission of self-study reports for accredited  programs  shall 
follow the schedule  of  the nationally recognized accrediting agency.  These 
reports shall  be  submitted to the board within 1 month following receipt of
 the  nationally  recognized accrediting agency's decision  on  accreditation
 of  the  nursing  education program.
  (3) Major program changes shall be submitted to the  board    in    writing 
and shall be approved by the board  before  implementation.  The   type    of 
approval, initial or full, under which a program is conducted  shall  not  be 
altered when the board approves major program changes.  All of the  following
 information shall be submitted when requesting approval of a  major  program 
change:
  (a) A comparative description  of  the  current  and  proposed  program  or 
portion of the program which is proposed for change.
  (b) Rationale for the change.
  (c) Plans to evaluate the effect of the change.
  (d) Any supporting documents.

  History:  1989 AACS; 2003 AACS.


R 338.10304    Program approval; decision.
  Rule 304. (1) Within 90 days after all materials  requested  by  the  board 
have been received, the board shall do either of the following:
  (a) Grant initial or full approval  of  the  program   or    approve    the 
program change  when  the  board  finds  that  the  requirements   of    this 
part  are substantially met.
  (b) Deny initial or full approval or approval of the  program  change  when 
the board finds that the requirements of this part are not substantially met.
  (2) The board shall issue its decision in writing.
  (3) If approval is denied, the sponsoring  agency  may  request  a  hearing 
which shall be conducted pursuant to the provisions of  1969  PA   306,   MCL 
24.201  et seq.

  History:  1989 AACS; 2003 AACS.


R 338.10305    Program requirements; generally.
  Rule 305. (1) Programs of  nursing  education  shall  meet   all   of   the 
following requirements:
  (a) Comply with the curriculum requirements established by  the  board  and 
with other requirements set forth in this part.
  (b) Contribute  to  the  safe  practice  of  nursing   by   including   the 
standards of practice, nursing behaviors, and other skills  and  knowledge in 
the curriculum to prepare  persons   for   the   practice   of   nursing   as 
defined in the act.
  (c) Prepare students to meet the requirements for   eligibility   to   take 
the required licensure examination.
  (2) The director of the program of nursing education and  the  faculty  who 
provide the nursing sequence shall comply with the following  requirements as 
applicable:
  (a) Hold current licenses to practice as registered nurses in  Michigan.
  (b) For registered nurse programs, the following  requirements   shall   be 
complied with by September 1, 1989:
  (i) The director of the nursing  program  shall  hold  a   minimum   of   a 
master's degree with a major in nursing.
  (ii) Every member of the nursing faculty  providing  didactic   instruction 
shall hold a minimum of a master's degree, the  majority   of   which   shall 
hold a master's degree with a major in nursing. If the  master's  degree   is 
not in nursing, the faculty member shall hold a minimum  of  a  baccalaureate 
degree in nursing science.
  (iii) Every member of the nursing faculty who   provides   instruction   in 
the clinical laboratory or cooperating agencies shall hold a  minimum  of   a 
baccalaureate degree in nursing science.
  (c) For practical nurse programs, the following   requirements   shall   be 
complied with by September 1, 1989:
  (i) The program director shall hold a minimum of a baccalaureate  degree in 
nursing science.
  (ii) Every member of the nursing faculty  shall  hold  a   minimum   of   a 
baccalaureate degree in nursing science.
  (d) The director of the nursing program and   full-time   nursing   faculty 
who were employed on or before May 4, 1989, shall be  exempt   from   meeting 
the requirements of subdivisions (b) and (c) of this subrule.
  (3) Any exception made to the provisions of subrule (2) of  this  rule  for 
full-time or part-time nursing faculty  shall  be  based   on   the   faculty 
member's progress toward meeting the requirements of   these   rules   during 
each year for which the exception is requested.  A  maximum   of   5   yearly 
exceptions shall be granted  to  any  1  full-time   or   part-time   faculty 
member.
  (4) Nursing faculty shall be sufficient in number to  prepare  students  to 
achieve the objectives of the program. The maximum ratio   of   students   to 
faculty in clinical areas involving direct care of patients  shall   be   not 
more than 10 students to 1 faculty member.
  (5) Requirements for admission, progression,  and   graduation   shall   be 
established and shall be made known  and  available  in   written   form   to 
prospective and current students.
  (6)  A  system  for  the  permanent  maintenance  of   records   shall   be 
established and shall include all of the following:
  (a) Course outlines.
  (b) Minutes of faculty and committee meetings.
  (c) Student files, which shall be maintained in the  nursing  offices   for 
each student.
  (d) Student and graduate transcripts, which shall be  retained   for   each 
student and graduate by the sponsoring  agency  in   perpetuity   and   which 
shall evidence achievement and, when accomplished, program completion.

  History:  1989 AACS; 1996 AACS.


R 338.10306    Curriculum requirements generally.
  Rule 306. (1) A statement of philosophy shall be   established   which   is 
consistent with the philosophy of  the  sponsoring  agency   and   which   is 
implemented in the program of nursing education.
  (2) There shall be course, level, and terminal objectives to  serve  as   a 
guide  in  the  development,  implementation,  and    evaluation    of    the 
curriculum. The objectives shall be reviewed periodically  and   revised   as 
necessary.
  (3) The stated conceptual framework for the curriculum  shall  reflect  the 
philosophy of the educational program and shall  be   identifiable   in   the 
objectives of the program of nursing education.
  (4) Learning experiences and methods of instruction shall  be  selected  to 
fulfill the stated objectives of each nursing course.
  (5) Related clinical experiences and clinical laboratory  hours  shall   be 
provided  concurrently  with,  or  immediately   after,    the    theoretical 
presentation of the course content.
  (6) Evaluation methods and  tools  to  be  used   for   measuring   student 
achievement shall be  determined  by  the  faculty  in   keeping   with   the 
assessment methods of the sponsoring agency. These methods and tools shall be 
known to the students in the program.
  (7)  The  director  and  faculty  shall  evaluate  all   aspects   of   the 
curriculum on a systematic basis. Records of the results  of  the  evaluation 
shall be maintained for board review, if requested.

  History:  1989 AACS.


R 338.10307     Curriculum;   organization,   development,    implementation, 
control, and evaluation.
  Rule  307.  (1)  The  curriculum  shall    be     organized,     developed, 
implemented, controlled, and evaluated on a regularly scheduled basis by  the 
director  and the faculty within the framework of the  philosophy,  purposes, 
and  objectives of the sponsoring agency and those approved by the board.
  (2) The curriculum objectives shall identify the  behavioral   expectations 
of the graduate of the program and shall be used for the following purposes:
  (a) Developing, organizing, implementing, and evaluating the curriculum.
  (b) Identifying objectives for levels of progression and course and program 
completion.
  (c) Providing to the student an organized pattern to  follow    in    which 
the sequence of learning is from the simple to the complex and from the known
 to the unknown, with  each  learning  experience   built    on    previously 
learned information of nursing and related scientific knowledge.
  (d) Organizing the courses so as to approximate, as  closely  as  possible, 
the schedules  of  the  sponsoring  agency  in  terms,  quarters,  semesters,
 or trimesters.
  (e)  Distributing  the  courses  throughout  the  curriculum  so    that an 
unreasonable overload does not exist in any segment of the sequence.
  (3) The statement of the  conceptual  framework  or  rationale   for    the 
program shall be the basis for  the  organization  of  the  nursing   content 
of  the curriculum.
  (4) The course content  and  other  learning  experiences   shall   promote 
student growth in all of the following areas:
  (a) The understanding of the roles and responsibilities of   the    members 
of the nursing profession.
  (b) The application of the principles of nursing and the   sciences   which 
are basic to nursing practice in the development of plans  of  care  for  the 
patient or client.
  (c) The provision of direct and indirect nursing care.
  (d) The understanding of effective human  relations    and    demonstrating 
the ability to use these principles in nursing situations.
  (e) The recognition  of  physical,  psychosocial,  and   spiritual    needs 
of diverse patient/client populations in the provision of nursing care.
  (f) The understanding of health, including the  manifestations  of  disease 
and the initiation,  organization,  and  application  of    the    principles 
underlying the nursing care provided.
  (g) Developing skills and abilities in the administration of  all   aspects 
of nursing care, including all of the following:
  (i) Communications.
  (ii) Problem solving.
  (iii) Understanding legal and professional responsibilities.
  (iv) The working relationships with other health care providers.
  (h) Understanding and protecting the rights of patients or clients.
  (5)   All   cooperating   agencies    selected    for     clinical      and 
laboratory  experiences  shall  have  standards  of   nursing   care    which 
demonstrate  concern for the patient or client  and  evidence  the   skillful 
application  of  all measures of safe nursing practice.
  (6) All cooperating agencies shall have a current license,   if   required, 
for their operation and adhere to the local  zoning   ordinances    governing 
their operation.
  (7) When a site visit is made, cooperating agencies may  be  surveyed  as a 
part of the review process to determine the contribution each  makes   to the 
course and program objectives.  Selection  shall  be   made   by   the   site 
visitor.
  (8) Each resource selected to provide clinical experience shall  indicate a 
willingness to cooperate in the curriculum by providing a letter of intent, a 
written agreement,  or  a   formal    contract.     Each    resource    shall 
provide experiences of a quality and quantity which will enable  the  student 
to  meet the objectives established for the clinical experience.

  History:  1989 AACS; 2003 AACS.


R 338.10308    Registered nurse program; curriculum; implementation.
  Rule 308.  The  director  and   faculty   of   a   program    of    nursing 
education leading to licensure as a registered nurse  shall    comply    with 
all  of  the following provisions:
  (a) Select courses and assure teaching concepts for  basic    content    in 
the biological, physical, behavioral, and other  courses  supportive  of  the 
nursing major which shall assist the student to  improve  abilities  in   all 
of  the following areas:
  (i) Communication.
  (ii) Interviewing.
  (iii) Problem solving.
  (iv) Interpersonal relationships.
  (v) Using scientific principles in providing individualized  nursing   care 
to the patient or  client.  Such  courses  shall  have   credits    conferred 
consistent with the policies of the sponsoring agency.
  (b) Provide courses and clinical experiences in  the  care  of   all    age 
groups  and  sexes   in   medical,    surgical,     pediatric,     geriatric, 
obstetrical,   and  psychiatric  nursing.    Opportunities   for     learning 
experiences  in  community aspects of nursing shall be made available.    The 
elements  of  the   nursing  process  shall  be  emphasized  in  all  nursing 
courses.   Clinical  laboratory   and  clinical  experience  hours  shall  be 
sufficient in number to  meet  the  course and program objectives.
  (c) Assure that courses include content relating to all of the following:
  (i) The legal scope of practice of a registered nurse.
  (ii) The standards of conduct for members of the nursing profession.
  (iii) Historical perspectives of nursing and current legal-ethical issues.
  (iv) Licensure requirements.
  (d)  Select  cooperating  agencies  which  meet  the   requirements   of  R 
338.10307(5), (6), and (8).

  History:  1989 AACS; 2003 AACS.


R 338.10309    Practical nurse program; curriculum; implementation.
  Rule 309. The director and faculty of a  program   of   nursing   education 
leading to licensure as a practical nurse shall comply  with   all   of   the 
following provisions:
  (a) Select courses and assure teaching concepts on which  the  theory   and 
practice of practical nursing  is  based.  The  basic   principles   of   the 
natural and applied sciences which  are  fundamental  to   the   theory   and 
practice of practical nursing and which are applied in   the   planning   and 
implementation of nursing care shall be included.
  (b) Provide courses and clinical experiences in  the  care   of   all   age 
groups and both sexes in medical, surgical,   pediatric,   obstetrical,   and 
geriatric nursing and provide supervised practice in  the  administration  of 
medications, exclusive of intravenous medications.  Clinical  laboratory  and 
clinical experience hours shall be sufficient to meet   the   objectives   of 
the curriculum.
  (c)  Assure  that  courses  include  content  relating  to   all   of   the 
following:
  (i) The legal scope of practice of a licensed practical nurse.
  (ii) The standards of conduct for members of the nursing profession and, in 
particular, a licensed practical nurse.
  (iii) Historical  perspectives  of  nursing   and   current   legal-ethical 
issues.
  (iv) Licensure requirements.
  (d)  Select  cooperating  agencies  which  meet  the   requirements   of  R 
338.10307(5), (6), and (8).

  History:  1989 AACS.


R 338.10310    Board evaluation of nursing education program.
  Rule 310.  (1)  The board may evaluate a program of nursing education  when 
any of the following occurs:
  (a)  A request for initiating a program of nursing education is submitted.
  (b)  A request for full approval of a program is submitted.
  (c)  A request for approval of a major program change is submitted.
  (d)  The failure rate on the  required  licensure  examination  reaches  or 
exceeds 25% for any 1 year of compiled statistics or reaches or  exceeds  15% 
for any 2 of 3 years of compiled annual statistics.   A  program  of  nursing 
education shall report compiled annual data on NCLEX pass rates  to the board 
at the meeting following the end of the first quarter of the calendar year.
  (e)  Complaints regarding the conduct of the program are received and it is 
necessary to validate the complaints.
  (2)  Evaluation processes may include any combination of the following:
  (a)  A self-study report.
  (b)  A site visit.
  (c)  A progress report.
  (d)  A follow-up study of graduates and employers.

  History:  1989 AACS; 1998-2000 AACS.


R 338.10311    Failure of program to  comply  with   rules;   withdrawal   of 
approval.
  Rule 311. (1) The board shall proceed under section 17242 of  the  act   if 
the board determines that a program of nursing education does  not  meet  the 
requirements of this part.
  (2) The board shall offer consultation with the nurse  consultant  of   the 
board for guidance in correcting nursing   education   program   deficiencies 
identified by the board.
  (3) Withdrawal of board approval of the program of  nursing  education  for 
stated deficiencies which were not remediated does   not   necessarily   make 
any bona fide student enrolled in the program at the time  of  withdrawal  of 
approval  ineligible  for  the   required    licensure    examination    upon 
satisfactory completion of that program  or  another   program   of   nursing 
education which has been approved by the board.
  (4) Failure of a nursing program to meet all of the  requirements  of  this 
part shall not, in  and  of  itself  make  a  graduate   from   the   program 
ineligible for licensure in this state.  Approval  of  the   program   in   a 
jurisdiction which maintains substantially equivalent  requirements  shall be 
deemed in compliance with these rules.

  History:  1989 AACS.


R 338.10312    Program termination; interruption or reduction of admissions.
  Rule 312. (1) The board shall be informed  if  a  date    is    established 
for termination of the program of nursing education.
  (2) The board shall be  informed  regarding  the  system  of  retention  of 
student records which are needed for endorsement purposes  and    proof    of 
scholastic achievement.  The board shall retain  this  information   in   the 
closed   program  files  so  that  graduates  may  be  given  the  source  of 
information upon request.
  (3) The board shall be informed  if  admissions   to   the    program    of 
nursing education are to be reduced or interrupted.

  History:  1989 AACS; 2003 AACS.


                   PART 4. NURSE SPECIALTY CERTIFICATION


R 338.10401    Temporary certification.
  Rule 401. Temporary certification in a nursing specialty   field   is   not 
available in Michigan.

  History:  1986 AACS.


R 338.10402    Automatic   suspension   or   revocation    of    specialty
  certification.
  Rule 402. The suspension or revocation of  a  license   as   a   registered 
nurse shall automatically  cause  the  suspension  or   revocation   of   the 
specialty certification.

  History:  1986 AACS.



R 338.10403    Advertisement of services.
  Rule 403. Only nurses certified in a nursing specialty   field   may   hold 
themselves out to the public as nurse specialists using   the   title   nurse 
anesthetist, nurse midwife, or nurse  practitioner.   Conduct   contrary   to 
this rule is deemed a violation of section 16221(g) of the act.

  History:  1986 AACS.


R 338.10404     Certification  qualifications;   nurse   anesthetist,   nurse 
midwife, and nurse practitioner.
  Rule 404.  (1)  A specialty certification for a nurse  anesthetist    shall 
be granted  to  a  registered  nurse  who  satisfies  all  of  the  following 
requirements:
  (a)  Holds a current and valid license to practice nursing in Michigan.
  (b)  Submits an application for  certification  in  a  specialty  area   of 
nursing, on a form provided by the department,  and the required fee.
  (c)  Meets the standards set forth by either the American  association   of 
nurse anesthetists council on certification  of  nurse  anesthetists  or  the 
council on recertification of nurse anesthetists.  The standards are  adopted 
by reference in these rules and are set forth in  the  publications  entitled 
"Certification Examination for Nurse Anesthetists, Candidate Handbook," 2003, 
and   "Council  on  Recertification  of  Nurse  Anesthetists   Criteria   for 
Recertification," 2002.  These publications may be obtained from the American 
Association of Nurse Anesthetists 222 South Prospect Avenue, Suite 202,  Park 
Ridge,    IL    60068,    or    from    the    association's    website    at 
http://www.bookstore@aana.com, at no  cost.   A  copy  of  the  standards  is 
available for inspection and distribution at cost from the Michigan Board  of 
Nursing, Department of Consumer and Industry Services, 611 West Ottawa,  P.O.
Box 30670, Lansing, MI 48909.
  (2)  A specialty certification for nurse midwife shall  be  granted  to   a 
registered nurse who satisfies all of the following requirements:
  (a)  Holds a current and valid license to practice nursing in Michigan.
  (b)  Submits an application for  certification  in  a  specialty  area   of 
nursing, on a form provided by the department, and the required fee.
  (c)  Meets the standards set  forth  by  the  American  college  of   nurse 
midwives certification council, inc.  The standards are adopted by  reference 
in these rules and are set forth in the publication entitled "Information for 
Candidates Handbook," effective October 2002. The standards may  be  obtained 
at no cost from the American College of Nurse Midwives Certification Council, 
8201   Corporate   Drive,   Suite   550,   Landover,   MD   20785    or    at 
http://www.accmidwife.org.   A  copy  of  the  standards  is  available   for 
inspection or distribution at  cost  from  the  Michigan  Board  of  Nursing, 
Department of Consumer and Industry  Services,  611  West  Ottawa,  P.O.  Box 
30670, Lansing, MI 48909.
  (3)  A specialty certification for nurse practitioner shall be granted   to 
a registered nurse who satisfies all of the following requirements:
  (a) Holds a current and valid license to practice nursing in Michigan.
  (b) Submits an application for  certification  in  a  specialty   area   of 
nursing, on a form provided by the department, and the required fee.
  (c) Meets the advanced  practice  certification  standards  of  1  of   the 
following certification organizations:
  (i) The American nurses credentialing center, whose standards  are  adopted 
by reference and are set forth in  the   publication    entitled    "American 
Nurses Credentialing Center (ANCC)  Certification,  Advanced   Practice   and 
Informatics Nurse, Computer-Based Testing" 2002, which may be obtained at  no
 cost  from the American Nurses Credentialing Center, 600 Maryland Avenue SW,
 Suite      100     West,     Washington,     DC     20024-2571     or     at 
http://www.nursecredentialing.org.
  (ii) The national certification board of pediatric   nurse    practitioners 
and nurses, inc. whose standards are adopted by reference in these rules  and 
are set forth  in  the  publication  entitled  National  Certification  Board
 of Pediatric Nurse Practitioners and Nurses, Inc. National Qualifying   Exam 
and Certification Maintenance Program, 2003" which may be  obtained   at   no 
cost from the National Certification Board of Pediatric  Nurse  Practitioners
 and Nurses, Inc., 800 South Frederick Avenue, Suite 104,  Gaithersburg,   MD 
20877 or at http://www.pnpcert.org.
  (iii)   The   national    certification     corporation      (ncc)      for 
obstetric, gynecologic, and neonatal nursing specialties, whose standards are 
adopted by reference in these rules and are set forth  in   the   publication 
entitled  "NCC Registration Catalog" 2003 edition, which may be  obtained  at 
no cost from the National Certification Corporation, P.O. Box 11082, Chicago, 
IL 60611  or  at http://www.nccnet.org.
  (iv) The American  academy  of  nurse  practitioners,    whose    standards 
are adopted by reference in these  rules  and  are   set   forth    in    the 
publication entitled "American Academy of Nurse  Practitioners   Report    on 
Certification Methodologies 1997," which may be obtained at no   cost    from 
the  Academy  of Nurse Practitioners, Certification Program, Capitol Station, 
P.O. Box  12926, Austin, TX 78711.
  (v) Oncology  nursing  certification  corporation,  whose   standards   are 
adopted by reference in these rules and are set forth  in   the   publication 
entitled "The 2003 Oncology Nursing Certification  Corporation  Certification 
Bulletin," which may be obtained at no cost  from  The    Oncology    Nursing 
Certification  Corporation,   125   Enterprise    Drive,    Pittsburgh,    PA 
15275-1214   or   at http://www.oncc.org.
  (4) The standards listed in subrules (i), (ii), (iii),  (iv),    and    (v) 
also are available for inspection and distribution at cost from the  Michigan 
Board of Nursing, Department of Consumer and Industry Services,   611    West 
Ottawa, P.O. Box 30670, Lansing, MI 48909.

  History:  1986 AACS; 1990 AACS; 1998-2000 AACS; 2003 AACS.


R 338.10405      Certification   renewal   or    reregistration;    schedule; 
requirements; maintenance of evidence of compliance.
  Rule 405. (1)  Certification  renewal  shall  correspond  with   the   same 
schedule as the license renewal.
  (2) An applicant for renewal who held  a  specialty    certification    for 
the 2-year period immediately preceding  license  renewal  or  an   applicant 
for reregistration of a specialty certification pursuant to section  16201(3)
 or (4) of the code shall meet the following requirements, as applicable:
  (a)  For   the   nurse   anesthetist,   the    applicant     shall     have 
obtained  recertification,   within   the    2-year    period     immediately 
preceding   the application, that meets the requirements of  the  council  on 
recertification of nurse  anesthetists  set  forth   in    the    publication 
entitled  "Council  on Recertification of  Nurse  Anesthetists  Criteria  for 
Recertification,"  2002.
The publication is adopted by reference in this rule and may be  obtained  at 
no cost from either the Council on Recertification of Nurse Anesthetists, 222 
South Prospect Avenue, Park Ridge, IL 60068, or from the  Michigan  Board  of 
Nursing, Department of Consumer and Industry Services, 611 West Ottawa,  P.O.
Box 30670, Lansing, MI 48909.
  (b) For the nurse  midwife,  the  applicant   shall   meet   1    of    the 
following requirements:
  (i) If initially certified before  1996,  have  completed,    within    the 
2-year period immediately  preceding  the   application,    the    continuing 
competency assessment requirements of the American College of  Nurse-Midwives 
set  forth in the publication entitled "The Continuing Competency  Assessment 
Program  of The American College of Nurse-Midwives, 1999."   The  publication 
is adopted by reference in this rule and may be obtained  at  no  cost   from 
the  American College of Nurse Midwives, 818 Connecticut  Avenue,  NW,  Suite 
900, Washington, DC 2006 or at http://www.midwife.org.  The publication  also 
is available  for inspection and distribution at cost  from   the    Michigan 
Board  of  Nursing, Department of Consumer and Industry Services,  611   West 
Ottawa,  P.  O.  Box 30670, Lansing, MI 48909.
  (ii)  If   initially   certified   after   January    1,     1996,     have 
obtained recertification  or  maintained  certification,  within  the  2-year
  period immediately preceding the application, that meets  the  requirements
 of  the American College of Nurse-Midwives  Certification  Council,   Inc.
(ACC)  set forth  in  the  publication  entitled  "Certificate  Maintenance," 
December 2002.
The publication is adopted by reference in this rule and may be  obtained  at 
no cost from the ACC, 8201 Corporate Drive, Suite 550, Landover, MD 20785  or 
at  http://www.accmidwife.org.   The  publication  also  is   available   for 
inspection and distribution at cost  from  the  Michigan  Board  of  Nursing, 
Department of Consumer and Industry  Services,  611  West  Ottawa,  P.O.  Box 
30670, Lansing, MI 48909.
  (iii) Have  completed  20  continuing  education  units  in   the   nursing 
specialty  field  within  the  2-year  period  immediately   preceding    the 
application.   The board approves and adopts by reference in  this  rule  the 
standards  listed  in paragraphs  (i)  and  (ii)  of  this  subdivision   for 
approving  continuing education offerings for the nurse midwife.
  (c) For  the  nurse  practitioner,   the   applicant   shall    meet    the 
following  requirements  appropriate  to  his  or  her  current   source   of 
certification:
  (i) Those holding national certification as a  nurse   practitioner   shall 
have obtained recertification  or  maintained  certification,   within    the 
2-year  period  immediately  preceding  the  application   that   meets   the 
requirements  of the following organizations.   The  following   publications 
are  adopted  by reference in this rule and may be obtained from the specific 
organization, as listed below.  These publications  also  are  available  for
 inspection  and distribution  at  cost  from   the   Michigan    Board    of 
Nursing,  Department  of Consumer and Industry  Services,  611  West  Ottawa, 
P.O. Box 30670, Lansing,  MI 48909.
  (A)  The  American  nurses  credentialing  center  as  set  forth  in   the 
publication entitled "Recertification Catalog", 2003.  This  publication   is 
adopted  by reference in this subrule and may be obtained at no  cost    from 
the  American Nurses Credentialing  Center,  600   Maryland    Avenue,    SW, 
Suite      100      West,     Washington,     DC     20024-2571     or     at 
http://www.nursecredentialing.org.
  (B) The national certification board of pediatric    nurse    practitioners 
and nurses as set forth in the publication entitled  "National  Certification 
Board of Pediatric Nurse Practitioners and Nurses, Inc.  National  Qualifying
 Exam and Certification Maintenance  Program,  2003".   This  publication  is 
adopted by reference in this subrule and may be obtained at no   cost    from 
the  National Certification Board  of  Pediatric  Nurse   Practitioners   and 
Nurses,   Inc.,   800   South     Frederick      Avenue,      Suite      104, 
Gaithersburg,    MD    or    at http://www.pnpcert.org.
  (C)  The  national   certification   corporation   (ncc)   for   obstetric, 
gynecologic, and neonatal nursing specialties set forth in  the   publication 
entitled   "NCC  Certification  Maintenance  Program"  2003  Edition.    This 
publication is adopted by reference in this subrule and may be obtained at no 
cost from the  National  Certification   Corporation,   P.O.    Box    11082, 
Chicago,  IL  60611   or   at http://www.nccnet.org.
  (ii) Those applicants who obtained Michigan  board  certification   as    a 
nurse practitioner before 1991, shall have completed 40 continuing  education 
units in the nursing specialty field within  the  2-year  period  immediately 
preceding the application.  The board approves and  adopts  by  reference  in 
this rule the standards  listed  in  paragraph  (i)  of   this    subdivision 
for   approving continuing education offerings for the nurse practitioner.
  (3) An  applicant  or  licensee  shall  maintain  evidence  of    his    or 
her compliance with the requirements of this rule for a period of  4    years 
after the date of application, during which time the board  may  require  the 
licensee to submit such evidence for audit.

  History:  1986 AACS; 1991 AACS; 2003 AACS.


R 338.10406    Expired certification.
  Rule 406. (1) If the nursing license has expired, the  requirements  for  a 
registered  nurse  license  shall  be  satisfied    before    applying    for 
certification in a specialty field.
  (2) The board shall certify a licensee who has  allowed  certification   to 
expire  if  the  applicant  submits  evidence  that   the   current   initial 
certification requirements have been met.

  History:  1986 AACS.


                     PART 6.  CONTINUING EDUCATION


R 338.10601    License renewals; relicensure; requirements; applicability.
  Rule 1. (1) This part applies  to   applications   for   renewal    of    a 
nursing license and applications for relicensure pursuant  to    333.16201(3) 
that  are filed 2 years or more after the effective date of these rules.
  (2) An applicant for license renewal who  has  been  licensed    for    the 
2-year period immediately preceding  the  expiration  date  of  the   license 
or  an applicant for relicensure  shall  accumulate  not   less    than    25 
continuing education contact hours that are approved by  the  board  pursuant
 to  these rules during the 2 years preceding an application for  renewal  or 
relicensure.
  (a) An  applicant  for  license  renewal  shall  complete  at    least    1 
continuing education contact hour in pain and pain symptom   management    in 
each  renewal period.   Continuing  education  contact  hours  in  pain   and 
pain  symptom management  may  include,  but  are  not  limited  to,  courses
 in   behavior  management,  psychology  of  pain,   pharmacology,   behavior 
modification,    stress   management,   clinical   applications,   and   drug 
interactions.  This subrule  will take effect with the April 1, 2005  renewal 
cycle.
  (3)  Submission  of  an  application  for  renewal  or  relicensure   shall 
constitute  the  applicant's  certification  of    compliance    with     the 
requirements  of  this rule. A nurse shall retain  documentation  of  meeting 
the requirements of  this rule for a period of  4  years  from  the  date  of 
applying for license renewal or relicensure. Failure to  comply   with   this 
rule  is  a  violation  of  section 16221(g) of the act.

  History:  1996 AACS; 2003 AACS.


R 338.10602    Acceptable continuing education;limitations.
  Rule 2.  The board shall  consider  any  of  the  following  as  acceptable 
continuing education:
  (a) One continuing education  contact  hour,  without  limitation,  may  be 
earned for each 50 or 60-minute attendance at a continuing education  program 
that is in compliance with the standards set forth in R 338.10603(1),(2),(3), 
(4),(5), and (6).
  (b) Three continuing education contact hours may be earnede for each 50  or 
60-minute presentation of a continuing education program that is not  a  part 
of the licensee's regular job description that  is  in  compliance  with  the 
standards set forth in R 338.10603(1), (2), (3), (4), and (5).  Credit may be 
earned for the same program only once in each renewal period.  A maximum of 6 
continuing education contact hours may be earned pursuant to this subdivision.
   (c) Five continuing  education  contact  hours  may  be  earned  for  each 
semester credit earned for  academic  courses  related  to  nursing  practice 
offered in an educational  program  approved  by  the  board  pursuant  to  R 
338.10201(1)(c)(i) and (ii) and (d)(i) and (ii).
   (d)Three continuing education contact hours may be earned for each quarter 
credit earned for academic courses related to nursing practice offered in  an 
educational program approved by the board pursuant  to  R  338.10201(1)(c)(i) 
and (ii) and (d)(i) and (ii).
   (e) Twenty-five continuing  education  contact  hours  may  be  earned  by 
specialty certification or recertification as 1 of the following:
   (i) nurse midwife
   (ii) nurse anethitist
   (iii) nurse practitioner.
   (f) One continuing education contact hour may be granted for each 50 or 60 
minutes of program attendance, without limitation, at a continuing  education 
program which has been granted approval by another state board of nursing.
   (g) One continuing education contact hour may be granted for  each  50  or 
60-minute attendance, without limitation, at a continuing  education  program 
related to nursing practice offered by an educational program approved by the 
board pursuant to R 338.10201(1)(c)(i) and (ii) and (d) (i) and (ii).
   (h)Ten continuing education contact hour may be granted  for  publication, 
in a nursing or health care journal or textbook, of  an  article  or  chapter 
related to the practice of nursing or allied health.
   (i) One  continuing  education  contact  hour  may  be  granted  for  each 
documented hour of reading articles or viewing or listening to media  devoted 
to nursing practice.  A maximum of 4 hours may be credited pursuant  to  this 
subdivision.
   (j) Ten continuing education contact hours may be granted in the  year  in 
which an applicant is advised he or she  successfully  completed  a  national 
nursing specialty examination.
   (k) One continuing education contact hour may be granted for each 50 or 60 
minutes of particpation documented in a health  care  organization  committee 
dealing with patient care related issues.  A maximum of 4 credit hours may be 
earned.
   (l) A maximum of 10 continuing education contact hours may be  earned  for 
participation in  a  workshop  dealing  with  patient  care  issues,  with  1 
continuing education contact hour granted for each 50  to  60-minute  segment 
offered by a health care organization  or a  professional  organization  that 
falls outside the methods of approval references specified in R 338.10603.
   (m) One continuing education contact hour may be granted for each 50 to 60 
minutes of reading a journal and completing a test which has  been  developed 
for continuing nursing practice education.

  History:  1996 AACS.


R 338.10603    Continuing nursing education programs; methods of approval.
  Rule 3. (1) The board approves and adopts by reference the   standards   of 
the American nurses credentialing center's commission on accreditation   that 
are set forth  in  the  publications  entitled  "The    2001-2002    American 
Nurses Credentialing Center's Manual for Accreditation as  a   Provider    of 
Continuing  Nursing   Education"   and   "The   2001-2002   American   Nurses 
Credentialing  Center's Manual for Accreditation as an Approver of Continuing 
Nursing Education."   A copy of  these  publications   may    be    purchased 
from  the  American  Nurses Credentialing Center, Accreditation Program,  600 
Maryland   Avenue,   Suite   100W,    Washington,    DC    20024,    or    at 
http://www.nursingworld.org/ancc  at  a  cost  of $50.00 per manual as of the
 adoption  of  these  rules.    A   copy   of   these  publications  also  is 
available for inspection and distribution at  cost  from the  Michigan  Board 
of Nursing, Department of Consumer and Industry  Services, 611  West  Ottawa, 
P.O. Box 30670, Lansing, MI 48909.
  (2) The board approves and adopts by reference the standards  and  criteria 
of the national association for practical nurse education and  service,  inc.
that are set forth  in  the  publication  entitled  "NAPNES   Criteria    for 
Approval  of Continuing  Education,"  January  2003.    A   copy    of    the 
publication  may  be obtained from the National Association   for   Practical 
Nurse  Education  and Service, Inc., 8607  2nd  Avenue,  Suite  404A,  Silver 
Spring,  MD  20910,  at  a cost of $3.00 as of the adoption of these rules or
 at  http://www.napnes.org at no cost.  A copy  of  this    publication    is 
available  for  inspection  and distribution at cost  from    the    Michigan 
Board  of  Nursing,  Department  of Consumer and Industry Services, 611  West 
Ottawa, P.O. Box 30670, Lansing,  MI 48909.
  (3) The board approves and adopts by reference the  guidelines  adopted  by 
the national league for nursing in September 2001 and  set  forth   in    the 
document entitled "National League for Nursing  (NLN)  Continuing   Education 
Provider Program."  A copy of the guidelines may be  obtained  at   no   cost 
from  the National League for Nursing, 61 Broadway, 33rd floor, New York,  NY 
10006  or at http://www.nln.org.  A copy of this document is  available   for 
inspection and distribution at cost at the Michigan   Board    of    Nursing, 
Department  of Consumer and Industry Services,  611  West  Ottawa,  P.O.  Box 
30670, Lansing,  MI 48909.
  (4) The board approves and adopts by reference the   standards,   criteria, 
and guidelines adopted by the American College of Nurse-Midwives   in   March 
1988 and set forth in the publication  entitled  "The  Continuing   Education 
Unit Criteria and  Guidelines,"  2002,  from  the  International  Association
 for Continuing Education and Training.  A copy may be obtained at  no   cost 
from the American College of Nurse-Midwives, 818 Connecticut Ave., NW,  Suite 
900, Washington, DC 20006 or at http://www.midwife.org.  A  copy   of    this 
document is available for inspection and distribution at cost at the Michigan 
Board of Nursing, Department of Consumer  and  Industry  Services,  611  West 
Ottawa,  P.O.
Box 30670, Lansing, MI 48909.
  (5) The board approves and adopts by reference the standards  and  criteria 
of the American association of nurse  anesthetists  as  set  forth   in   the 
"American Association of Nurse  Anesthetists  (AANA)   Continuing   Education 
Program  2002" which is  available   at   no   cost   from    the    American 
Association  of  Nurse Anesthetists,   222   S.   Prospect    Avenue,    Park 
Ridge,  IL   60068   or   at http://www.aana.com.  A copy of this document is 
available for inspection and distribution at cost from  the  Michigan   Board 
of  Nursing,  Department  of Consumer and Industry Services, 611 West Ottawa, 
P.O. Box 30670, Lansing,  MI 48909.
  (6) The  board  approves  and  adopts  by  reference    the    requirements 
and guidelines adopted in January 1989 by the   committee    on    continuing 
medical education of the American osteopathic association that are set  forth 
in  the publication entitled  "Continuing  Medical  Education    Guide    for 
Physicians 2001-2003." A copy of the publication may be obtained at  no  cost
 from   the  American  Osteopathic  Association,  142  East  Ontario  Street, 
Chicago, IL  60611 or at http://www.aoa-net.org.  A copy  of  this   document 
is  available  for inspection and distribution  at  cost  at   the   Michigan 
Board  of  Nursing, Department of Consumer and Industry  Services,  611  West
 Ottawa,  P.O.  Box 30670, Lansing, MI 48909.
  (7) The  board  approves  and  adopts  by  reference  the   standards   for 
commercial support for continuing medical education of   the    accreditation 
council  for continuing    medical     education's     "Essential      Areas, 
Elements,     and  Decision-Making  Criteria,  July  1999"   in   accrediting 
providers  of   continuing  medical  education.  The   standards    may    be 
obtained  at  no   cost   from   the  Accreditation  Council  for  Continuing 
Medical Education, 515 N. State  Street, Suite 2150, Chicago,  IL  60610-4377 
or at  http://www.accme.org.   A  copy  of this  document  is  available  for 
inspection and distribution at cost  from  the  Michigan  Board  of  Nursing, 
Department of Consumer and Industry Services,   611  West  Ottawa,  P.O.  Box 
30670, Lansing, MI 48909.
  (8)  The  board  approves  and  adopts  by   reference    the     standards 
for credentialing in basic and advanced life support  set  forth    by    the 
American  heart  association  in  the   guidelines    for     cardiopulmonary 
resuscitation  and emergency  cardiac  care   for   professional    providers 
and    published    in    "Guidelines      2000      for      Cardiopulmonary 
Resuscitation   and    Emergency Cardiovascular Care (70-2041).   A  copy  of 
the guidelines for  cardiopulmonary resuscitation and emergency cardiac  care 
may be obtained  from  the  American Heart  Association,   7272    Greenville 
Avenue,  Dallas,  TX   75231   or    at  http://www.americanheart.org,  at  a 
cost of $20.00 as of the adoption of these rules.   A copy of  this  document 
is available for inspection and distribution at cost from the Michigan  Board
 of  Nursing,  Department  of  Consumer   and  Industry  Services,  611  West 
Ottawa, P.O. Box 30670, Lansing, MI 48909.
  (9) The board may deny approval of  programs  offered    by    institutions 
and organizations if it appears to the board that the programs  offered    by 
those institutions  or  organizations  fail   to    demonstrate    compliance 
with  the legislative intent  to  further  educate  licensees   on   subjects 
related  to  the practice of nursing.

  History:  1996 AACS; 2003 AACS.


                PART 7.  Nursing Scholarship Program


R 338.10701    Definitions.
   Rule 701.  As used in this part:
  (a)  "Board" means the board of nursing.
  (b)  "Code" means Act No. 368 of the Public Acts of 1978, as amended, being 
§333.1101 et seq. of the Michigan Compiled Laws.
  (c)  "Department" means the Department of Consumer and Industry Services.
  (d)  "Nurse Professional Fund" means the  fund  established  under  Section 
16315(6) of the Code.

  History:  1998-2000 AACS.


R 338.10702    Board  determination  of  categories  and  areas    of    need 
for  designating  awards;  department  required   to   communicate    board's 
determination of need to nursing programs; applications.
  Rule 702.  (1)  The board shall biennially determine categories  and  areas 
of need for designating scholarship awards to eligible programs of nursing.
The board may consider any of the following in  establishing  categories  and 
areas of need:
  (a)  Data generated from licensure renewal data provided by the division of 
health statistics, Michigan department of community health.
  (b)  National nursing statistical data  and  trends  that  have  identified 
nursing shortages.
  (c)   Data  identifying  medically  underserved  areas   (mua),   medically 
underserved populations (mup), or health professional shortage areas (hpsa).
  (2)  The department shall  communicate  the  board’s  determination  as  to 
categories and areas of  need  to  approved  nursing  education  programs  in 
Michigan.
  (3)  The department shall provide  applications  to  approved  programs  of 
nursing that meet the established eligibility criteria in R 338.10703.

  History:  1998-2000 AACS.


R 338.10703    Schools; eligibility; awards.
  Rule 703.  (1)  To be eligible for a scholarship  award,   a  school  shall 
meet all of the following criteria:
  (a)  Be approved by the Michigan Board of  Nursing  or  the  United  States 
department of education approved accrediting agency.
  (b)  Have a primary campus located within the State of Michigan.
  (c)  Offer a program of nursing that meets the predetermined  category  and 
area of need as established by the board.
  (2)  A school shall file  an  application  setting  forth  the  information 
requested on the form establishing eligibility.
  (3)  The department shall annually disburse a designated number  of  awards 
not to exceed $5,000 for each student  to  eligible  schools  that  meet  the 
predetermined criteria set forth by the board.

  History:  1998-2000 AACS.


R 338.10704    School awards to eligible students; requirements, procedures.
   Rule 704.    (1)  An eligible school, upon receiving an award, shall award 
a scholarship to a student who meets all of the following criteria:
  (a)  Resides in the State of Michigan.
  (b)  If licensed as a nurse, holds  an  unencumbered  Michigan  license  to 
practice nursing.
  (c)  Intends to practice within the State of  Michigan  in  an  underserved 
area, with an underserved population, or in a  health  professional  shortage 
area  as identified by the board.
  (d)  Is not in receipt of a full scholarship from another source.
  (2)  A school shall apply a scholarship award first to the cost of tuition, 
books, and fees associated with the program.  A school shall then provide the 
remainder of the award, if any, to the student in the form of a stipend.
  (3)  The school shall notify the department, in writing, of its  intent  to 
award a scholarship.  The  notice  shall  set  forth  all  of  the  following 
information:
  (a)  The name of recipient.
  (b)  Course of study or program in which enrolled.
  (c)  Validation that all criteria have been met.
  (4)  A school shall make a scholarship award to a  student  on  a  one-time 
basis.
  (5)  The school shall notify the department, in writing, when a scholarship 
recipient completes the nursing program.
  (6)  If a recipient withdraws from the nursing  program,  then  the  school 
shall notify the department of its intent to award the remaining  scholarship 
monies in accordance with subrule (3) of this rule.

  History:  1998-2000 AACS.


R 338.10705    School ineligibility; notification; hearing.
   Rule 705.  (1)  If a school is deemed ineligible for a nursing scholarship 
award, then the department shall notify the school in writing.
  (2)  Upon receipt of notification of ineligibility, a school may request  a 
hearing.  The department shall conduct a hearing under Act  No.  306  of  the 
Public Acts of 1969, as amended,  being  §24.201  et  seq.  of  the  Michigan 
Compiled Laws. 

  History:  1998-2000 AACS.