Issue No. 10 – 2020 (Published June 15, 2020)

Michigan Register Issue No. 10 – 2020 (Published June 15, 2020)

GRAPHIC IMAGES IN THE

MICHIGAN REGISTER

COVER DRAWING

Michigan State Capitol:

This image, with flags flying to indicate that both chambers of the legislature are in session, may have originated as an etching based on a drawing or a photograph. The artist is unknown. The drawing predates the placement of the statue of Austin T. Blair on the capitol grounds in 1898.

(Michigan State Archives)

PAGE GRAPHICS

Capitol Dome:

The architectural rendering of the Michigan State Capitol’s dome is the work of Elijah E. Myers, the building’s renowned architect. Myers inked the rendering on linen in late 1871 or early 1872. Myers’ fine draftsmanship, the hallmark of his work, is clearly evident.

Because of their size, few architectural renderings of the 19th century have survived. Michigan is fortunate that many of Myers’ designs for the Capitol were found in the building’s attic in the 1950’s. As part of the state’s 1987 sesquicentennial celebration, they were conserved and deposited in the Michigan State Archives.

(Michigan State Archives)

East Elevation of the Michigan State Capitol:

When Myers’ drawings were discovered in the 1950’s, this view of the Capitol – the one most familiar to Michigan citizens – was missing. During the building’s recent restoration (1989-1992), this drawing was commissioned to recreate the architect’s original rendering of the east (front) elevation.

(Michigan Capitol Committee)

Michigan Register

Published pursuant to § 24.208 of The Michigan Compiled Laws

Issue No. 10— 2020 (This issue, published June 15, 2020, contains documents filed from May 15, 2020 to June 1, 2020)

Compiled and Published by the Michigan Office of Administrative Hearings and Rules

Michigan Register (ISSN 0892-3124). Published twice per month, with a cumulative index, by the Michigan Office of Administrative Hearings and Rules, pursuant to §24.208 of the Michigan Compiled Laws. Subscription $400.00 per year, postpaid to points in the U.S. First class postage paid at Lansing, Michigan. Direct all mail concerning subscriptions to Michigan Office of Administrative Hearings and Rules, Ottawa Building – Second Floor, 611 W. Ottawa Street, Lansing, MI 48909

Katherine Wienczewski, State Administrative Manager, Michigan Office of Administrative Hearings and Rules; Deidre O’Berry, Administrative Rules Specialist for Operations and Publications.

Gretchen Whitmer, Governor

Garlin Gilchrist, Lieutenant Governor

PREFACE

PUBLICATION AND CONTENTS OF THE MICHIGAN REGISTER

The Michigan Office of Administrative Hearings and Rules publishes the Michigan Register.

While several statutory provisions address the publication and contents of the Michigan Register, two are of particular importance.

24.208 Michigan register; publication; cumulative index; contents; public subscription; fee; synopsis of proposed rule or guideline; transmitting copies to office of regulatory reform. Sec. 8.

(1) The office of regulatory reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

(a) Executive orders and executive reorganization orders.

(b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills signed into law by the governor during the calendar year and the corresponding public act numbers.

(c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills vetoed by the governor during the calendar year.

(d) Proposed administrative rules.

(e) Notices of public hearings on proposed administrative rules.

(f) Administrative rules filed with the secretary of state.

(g) Emergency rules filed with the secretary of state.

(h) Notice of proposed and adopted agency guidelines.

(i) Other official information considered necessary or appropriate by the office of regulatory reform.

(j) Attorney general opinions.

(k) All of the items listed in section 7(m) after final approval by the certificate of need commission under section 22215 of the public health code, 1978 PA 368, MCL 333.22215.

(2) The office of regulatory reform shall publish a cumulative index for the Michigan register.

(3) The Michigan register shall be available for public subscription at a fee reasonably calculated to cover publication and distribution costs.

(4) If publication of an agency's proposed rule or guideline or an item described in subsection (1)(k) would be unreasonably expensive or lengthy, the office of regulatory reform may publish a brief synopsis of the proposed rule or guideline or item described in subsection (1)(k), including information on how to obtain a complete copy of the proposed rule or guideline or item described in subsection (1)(k) from the agency at no cost.

(5) An agency shall electronically transmit a copy of the proposed rules and notice of public hearing to the office of regulatory reform for publication in the Michigan register.

4.1203 Michigan register fund; creation; administration; expenditures; disposition of money received from sale of Michigan register and amounts paid by state agencies; use of fund; price of Michigan register; availability of text on internet; copyright or other proprietary interest; fee prohibited; definition. Sec. 203. (1) The Michigan register fund is created in the state treasury and shall be administered by the office of regulatory reform. The fund shall be expended only as provided in this section.

(2) The money received from the sale of the Michigan register, along with those amounts paid by state agencies pursuant to section 57 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.257, shall be deposited with the state treasurer and credited to the Michigan register fund.

(3) The Michigan register fund shall be used to pay the costs of preparing, printing, and distributing the Michigan register.

(4) The department of management and budget shall sell copies of the Michigan register at a price determined by the office of regulatory reform not to exceed the cost of preparation, printing, and distribution.

(5) Notwithstanding section 204, beginning January 1, 2001, the office of regulatory reform shall make the text of the Michigan register available to the public on the internet.

(6) The information described in subsection (5) that is maintained by the office of regulatory reform shall be made available in the shortest feasible time after the information is available. The information described in subsection (5) that is not maintained by the office of regulatory reform shall be made available in the shortest feasible time after it is made available to the office of regulatory reform.

(7) Subsection (5) does not alter or relinquish any copyright or other proprietary interest or entitlement of this state relating to any of the information made available under subsection (5).

(8) The office of regulatory reform shall not charge a fee for providing the Michigan register on the internet as provided in subsection (5).

(9) As used in this section, “Michigan register” means that term as defined in section 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.205.

CITATION TO THE MICHIGAN REGISTER The Michigan Register is cited by year and issue number. For example, 2020 MR 1 refers to the year of issue (2020) and the issue number (1).

CLOSING DATES AND PUBLICATION SCHEDULE The deadlines for submitting documents to the Michigan Office of Administrative Hearings and Rules for publication in the Michigan Register are the first and fifteenth days of each calendar month, unless the submission day falls on a Saturday, Sunday, or legal holiday, in which event the deadline is extended to include the next day which is not a Saturday, Sunday, or legal holiday. Documents filed or received after 5:00 p.m. on the closing date of a filing period will appear in the succeeding issue of the Michigan Register.

The Michigan Office of Administrative Hearings and Rules is not responsible for the editing and proofreading of documents submitted for publication.

Documents submitted for publication should be delivered or mailed in an electronic format to the following address: MICHIGAN REGISTER, Michigan Office of Administrative Hearings and Rules, Ottawa Building – Second Floor, 611 W. Ottawa Street, Lansing, MI 48933.

RELATIONSHIP TO THE MICHIGAN ADMINISTRATIVE CODE The Michigan Administrative Code (1979 edition), which contains all permanent administrative rules in effect as of December 1979, was, during the period 1980-83, updated each calendar quarter with the publication of a paperback supplement. An annual supplement contained those permanent rules, which had appeared in the 4 quarterly supplements covering that year.

Quarterly supplements to the Code were discontinued in January 1984, and replaced by the monthly publication of permanent rules and emergency rules in the Michigan Register. Annual supplements have included the full text of those permanent rules that appear in the twelve monthly issues of the Register during a given calendar year. Emergency rules published in an issue of the Register are noted in the annual supplement to the Code.

SUBSCRIPTIONS AND DISTRIBUTION The Michigan Register, a publication of the State of Michigan, is available for public subscription at a cost of $400.00 per year. Submit subscription requests to: Michigan Office of Administrative Hearings and Rules, Ottawa Building –Second Floor, 611 W. Ottawa Street, Lansing, MI 48933. Checks Payable: State of Michigan. Any questions should be directed to the Michigan Office of Administrative Hearings and Rules (517) 335-8658.

INTERNET ACCESS The Michigan Register can be viewed free of charge on the website of the Michigan Office of Administrative Hearings and Rules – Administrative Rules Division: www.michigan.gov/ard.

Issue 2000-3 and all subsequent editions of the Michigan Register can be viewed on the Michigan Office of Administrative Hearings and Rules website. The electronic version of the Register can be navigated using the blue highlighted links found in the Contents section. Clicking on a highlighted title will take the reader to related text, clicking on a highlighted header above the text will return the reader to the Contents section.

Executive Director, Michigan Office of Administrative Hearings and Rules

2020 PUBLICATION SCHEDULE

Closing Date for Issue Filing or Submission Publication No. Of Documents (5 p.m.) Date

1 January 15, 2020 February 1, 2020 2 February 1, 2020 February 15, 2020 3 February 15, 2020 March 1, 2020 4 March 1, 2020 March 15, 2020 5 March 15, 2020 April 1, 2020 6 April 1, 2020 April 15, 2020 7 April 15, 2020 May 1, 2020 8 May 1, 2020 May 15, 2020 9 May 15, 2020 June 1, 2020 10 June 1, 2020 June 15, 2020 11 June 15, 2020 July 1, 2020 12 July 1, 2020 July 15, 2020 13 July 15, 2020 August 1, 2020 14 August 1, 2020 August 15, 2020 15 August 15, 2020 September 1, 2020 16 September 1, 2020 September 15, 2020 17 September 15, 2020 October 1, 2020 18 October 1, 2020 October 15, 2020 19 October 15, 2020 November 1, 2020 20 November 1, 2020 November 15, 2020 21 November 15, 2020 December 1, 2020 22 December 1, 2020 December 15, 2020 23 December 15, 2020 January 1, 2021 24 January 1, 2021 January 15, 2021

CONTENTS

ADMINISTRATIVE RULES FILED WITH SECRETARY OF STATE

Health and Human Services Childrens Services Agency (2019-46) Child Care Fund ...... 2-9

Health and Human Services Childrens Services Agency (2020-21) Child Caring Institutions ...... 10-14

Education General (2020-32) Special Education Programs and Services ...... 15-15

EMERGENCY RULES

Health and Human Services Population Health and Community Services (2020-205) Covid-19 To Definition Section Of “Infectious Agents” ...... 17-19

Health and Human Services Population Health and Community Services (2020-206) Creating A Schedule of Fines for Violation of May 26, 2020 ...... 20-22

OTHER OFFICAL INFORMATION

Licensing & Regulatory Affairs Marijuana Regulatory Agency (2020-68) Marihuana Licensees ...... 24-36

Licensing & Regulatory Affairs Marijuana Regulatory Agency (2020-70) Marihuana Sampling and Testing ...... 37-47

CUMULATIVE INDEX

Cumulative Index (2020) ...... 49-54

MICHIGAN ADMINISTRATIVE CODE TABLE

Table (2020 Session)...... 55-57

BILLS SIGNED INTO LAW OR VETOED

Appendix Table 1 (2020 Session) (Legislative Service Bureau Pages (1-9) ...... 58-58

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ADMINISTRATIVE RULES FILED WITH THE SECRETARY OF STATE

MCL 24.208 states in part:

“Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * *

(f) Administrative rules filed with the secretary of state.”

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ADMINISTRATIVE RULES

DEPARTMENT OF HEALTH AND HUMAN SERVICES

CHILDREN’S SERVICES AGENCY

CHILD CARE FUND

Filed with the secretary of state on May 20, 2020

These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the department of health and human services by sections 6 and 117a of the social welfare act, 1939 PA 280, MCL 400.6 and 400.117a.)

R 400.2001, R 400.2002, R 400.2003, R 400.2004, R 400.2006, R 400.400.2007, R 400.2008, R 400.2009, R 400.2010, R 400.2021, R 400.2022, R 400.2023, R 400.2024, R 400.2028, R 400.2031, R 400.2041, R 400.2044, R 400.2048, and R 400.2049 of the Michigan Administrative Code are amended, and R 400.2005 and R 400.2045 are rescinded as follows:

PART 1. GENERAL PROVISIONS

R 400.2001 Definitions. Rule 1. As used in these rules: (a) “Caseworker” means the primary case manager that meets the educational and experiential requirements as set forth by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009), or by department policy. (b) "County department" means the county office of the department of health and human services created in each county by section 45 of the social welfare act, 1939 PA 280, MCL 400.45, or the tribal entity found within that county. (c) "County department of health and human services subaccount" means the account authorized by the county board of commissioners or tribal entity responsible for the expenditure of child care funds by the county department. (d) "Court" means the local or tribal court with jurisdiction over juvenile matters. (e) "Department" means the department of health and human services. (f) "Direct service" means service provided to a specific client rather than to a general target group. (g) “Donated funds” means a gift of money made available to the county child care fund for services for out-of-home placement or in-home care in child welfare or delinquency matters. (h) “Donor” means the entity, person, or persons providing the donated funds. (i) "In-home care option" means the expenditure of child care fund dollars for services that are determined by the department to be alternatives to out-of-home care or to provide an early return home for children placed out of the home.

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(j) "Intensive service" means that the caseworker-to-case load ratio is not more than 1 to 20 and that there is not less than an average of 1 face-to-face contact per week during the period a case is open for service. (k) “Judicial costs” means costs related to or connected with the administration of justice which include, but are not limited to, the following: (i) Filing fees. (ii) Charges for service of summons and complaint. (iii) Attorney fees. (iv) Competency evaluations. (v) Court reporter charges. (l)"Published policies and business processes” means those policies and business processes contained in "The Child Care Fund Handbook," and department policy. (m) "State ward charge-back" means the amount of dollars the department bills a county for the cost of care for state wards. (n) “Title IV-E” means the funding source established by title IV, part E of the social security act, 42 USC chapter 7, subchapter IV, part E, that provides federal financial participation in the costs of foster care maintenance payments for children who would be eligible for aid to dependent children if living in the parental home or with an acceptable relative.

R 400.2002 Exemption from rule. Rule 2. (1) Upon written request of the court or county department, the department shall grant an exemption from an administrative rule only if there is clear and convincing evidence that the alternative to the rule complies with the intent of the administrative rule from which exemption is sought. (2) The decision of the department, including the qualification under which the exemption is granted, shall be entered upon the records of the department and a signed copy shall be sent to the court or county department. This exemption may remain in effect for as long as the court or county department continues to comply with the intent of the rule or may be time limited.

R 400.2003 Court staff providing direct services; minimum qualification. Rule 3. The court shall document that staff providing direct services to children, or supervising staff who provide direct services to children, for which service costs are reimbursed from the state child care fund meet the minimum qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009), or by department policy.

R 400.2004 County department staff providing direct services; standards. Rule 4. The county department shall document that staff providing direct services to children, or supervising staff who provide direct services to children, for which service costs are reimbursed from the state child care fund meet the standards set forth in R 400.4116, R 400.4117, R 400.4118, R 400.4119, R 400.4120, R 400.4121, R 400.12205, R 400.12206, and R 400.12207.

R 400.2005 Rescinded.

R 400.2006 Purchase of contractual services; requirements. Rule 6. Contractual services purchased through basic grant or in-home care money must conform to the requirements published in the Child Care Fund Handbook.

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R 400.2007 Case records. Rule 7. (1) The court and county department shall document eligibility for each child claimed for state child care fund reimbursement by the program and accounting records. (2) Documentation of eligibility must be retained as directed by the Child Care Fund Handbook.

R 400.2008 County child care fund expenditure reimbursement; eligibility. Rule 8. (1) To be eligible for state child care reimbursement, a county or tribal entity shall annually submit a plan and budget, on forms provided by the department that conform to the requirements established in published policies and business processes. Each annual plan and budget shall be certified by the presiding judge of the court, director of the county department, and chairperson of the county board of commissioners or county or tribal executive. (2) To be eligible for state child care fund reimbursement, expenditures made from the court subaccount for out-of-home care must be pursuant to sections 2, 5, 8, and 25 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, 712A.5, 712A.18, and 712A.25. (3) All of the following provisions apply to expenditures made from the county department subaccount for out-of-home care for these expenditures to be eligible for state child care fund reimbursement: (a) The care is ordered by the court and the child is supervised by the county department. (b) The care is voluntary, and all the following provisions apply: (i) The child is under 18 years of age. (ii) A written, signed agreement has been received from the child's parent, legal guardian, or other custodian. (iii) The agreement specifies the amount of financial support required from the parent. (iv) Financial need is not the sole reason for the request for out-of-home care. (c) A county department supervising children funded through the child care fund shall document that it is approved as a child placing agency under 1973 PA 116, MCL 722.111 to 722.128.

R 400.2009 In-home care. Rule 9. The in-home care option of the child care fund may be used for children under the jurisdiction of the court to provide for early intervention to treat problems of delinquency and neglect. In-home services are reimbursable in the following situations: (a) In-home care is provided as an alternative to removal from home and placement in detention or other out-of-home care and all the following provisions have been met: (i) A complaint has been received and accepted by the court or the youth has been ordered to participate in the in-home care program at the dispositional hearing. (ii) The expenditure of child care fund money for in-home care is not for judicial costs. (iii) The services are intensive. (iv) The parent or parents and the youth or designee, or both, have agreed in writing to receive in- home services or a preliminary hearing has been held. (v) The court shall document that court staff responsible for case plan development and monitoring meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009). (b) In-home care programs use case service payments in support of probation services, which can be shown, by the county, to have a relationship between those payments and the days of out-of-home care in the county. These case service payments are not to be made to pay for basic family needs otherwise available through public assistance programs.

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(c) The in-home care early return option is used to accelerate the early return of a youth from family foster care, institutional care, or any other out-of-home care if all the following provisions are met: (i) The case plan identifies an early return goal. (ii) The case plan identifies all the parties and services. (iii) The expenditure of child care fund money for in-home care is not for judicial costs. (iv) Either the parent or parents, guardian, or custodian, and the youth have agreed, in writing, to receive in-home services. If the youth is younger than 14 years of age or unable to consent to receive services, or both, a hearing must be held and the court must order the youth into a program. (v) The court documents that court staff or designee responsible for case plan development and monitoring, or both, meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009). (d) The county department may provide for in-home care services from its subaccount for substantiated Category 1 and 2 protective services cases, if expenditures are not for judicial costs. The case plan must identify all parties and services and one of the following must apply to the service or services: (i) The service or services are ordered as an alternative to out-of-home care. (ii) The service or services prevent the need to petition the juvenile court for removal or prevent placement in voluntary foster care. (iii) The service or services will accelerate the return of a youth from out-of-home care. (iv) The court documents that court staff or designee responsible for case plan development and monitoring, or both, meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009). (v) In-home care programs use case service payments in support of in-home care services, which can be shown by the county's or court’s relationship between those payments and the days of out-of-home care in the county. (e) Case service payments are not made to cover basic family needs otherwise available through public assistance programs.

R 400.2010 Basic grant programs; reimbursement eligibility. Rule 10. To be eligible for state reimbursement, basic grant programs must be provided to youth who are within or are likely to come within the jurisdiction of the court as defined by sections 2a and 2b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2a and 712A.2b. In addition, basic grant programs must comply with all the following provisions to be eligible for reimbursement: (a) The programs are described in the annual county plan and budget and conform to the department’s published policies and business processes as provided in the Child Care Fund Handbook. (b) The court shall document that court staff or designee responsible for individual case plan development and monitoring, or both, meet the qualifications established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988- 3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009). (c) The county department shall document that county department staff responsible for individual case management and monitoring meet the requirements for staff supervising children in foster care as specified in R 400.12205, R 400.12206, and R 400.12207.

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(d) The county department or court shall document that contractual providers who develop or monitor case plans meet the requirements for staff supervising children in foster care as established in rule I of the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009). (e) The county department and court shall maintain individual case record documentation as specified by the department in published policies and business processes as provided in the Child Care Fund Handbook and shall make the individual case record documentation available to the department for review and monitoring.

PART 2. ELIGIBLE EXPENDITURE CLASSIFICATIONS

R 400.2021 Definitions. Rule 21. As used in this part: (a) "Case Services payments,” formerly known as nonscheduled payments, means payments to individuals or organizations for items specified and defined in the department’s published policies and business processes that are not included in the state-established per diem rate. (b) "County-operated facility" means a facility licensed or approved as a child caring institution or a court-operated facility, or both, to provide group care, shelter care, or detention administered and staffed by county employees. (c) "Intensive rate" means payment in excess of the state-established rate for specialized abuse/neglect foster care that must receive special approval as specified in the department’s published policies and business processes. (d) "State rates” means rates established and published by the department for all the following: (i) Payment for foster family care and independent living costs. (ii) Payment for a private child care institution. (iii) Payment for a private child placing agency. (e) "Subsidy payment bed hold” means payment to assure the availability of bed space for placement referrals.

R 400.2022 County child care fund expenditures; eligibility for reimbursement. Rule 22. (1) Unless otherwise indicated, for county child care fund expenditures within the limits of the annual child care fund ceiling to be eligible for state child care fund 50% reimbursement, all payments must provide a direct service and be case-specific, identifiable to an individual child, and must not be for a judicial cost or an administrative cost. However, certain administrative costs as defined by the department in published policies and business processes are reimbursable. (2) State child care fund reimbursement may be allowed unless otherwise accessible and available by other public assistance programs necessary to achieve the goals and outcomes for in-home care or out- of-home care. Reimbursement must not be made for costs associated with an otherwise eligible child or family, or both, if the reason for the unavailability of public assistance is due to intentional program violations and disqualification of any public assistance.

R 400.2023 Reimbursable family foster care expenditures and costs. Rule 23. (1) The following child-specific direct supervision or purchased placing agency family foster care expenditures are reimbursable within state-established rates or approved intensive rates: (a) Care provided in the following locations: (i) Foster family homes.

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(ii) Foster family group homes. (iii) Legal guardian homes. (iv) Homes of related persons. (b) Initial clothing, clothing maintenance, and supplemental clothing allowances within state rates as specified in the department’s published policies and business processes. (c) Items necessary for a child's educational experience that are not available without additional cost through the public-school system. (d) Medical, dental, psychological, and psychiatric service and materials, subject to the limitations in R 400.2022. (e) Unusual transportation costs incurred by the foster parents or payments to a public carrier for transportation for treatment and service as part of a case plan. (f) Transportation costs incurred by a foster child's parents if the case plan documents that assistance is needed to assure contact between the parent and child. The maximum reimbursable rates must conform to the requirements published in the department’s policies and business processes. (g) Other costs for behavioral incentive that are designed to encourage and support desirable behavior, and that are documented in a service plan. (h) A once-a-year allowance for a gift at holiday time for each child in foster care. (2) All the following are reimbursable non-child-specific family foster care costs: (a) Payment to foster parents for the cost of foster parent training. Reimbursable costs include all the following: (i) Cost of transportation. (ii) Child care. (iii) Tuition. (iv) Training supplies. (b) Subsidy payments to foster parents if supported by a contract. (c) Relief payments to foster parents of an approved group or shelter home program if supported by a contract. (d) Respite payments to foster parents of an approved group or shelter home program if supported by a contract. (e) Recreation payments to foster parents of an approved group or shelter home program as defined and restricted by the department’s policies and business processes. (f) Supply payments to foster parents of an approved group or shelter home program for personal items for children in the program.

R 400.2024 Reimbursable costs of institutional care. Rule 24. All the following are reimbursable costs of institutional care: (a) The operating costs of a county-operated facility approved to provide detention, group care, or shelter care, as defined by the office in published policies and business processes, which is limited to the governing policy provided by the office in published policies and business processes. These costs are restricted to the following expenditures for services and goods necessary to provide direct services to the youth placed in the facility: (i) The cost for direct care, administrative, and support staff who devote 100% of their time to the youth placed in the facility. (ii) The cost of supportive services on a prorated basis if supported by documentation. (iii) Prorated space costs if the entire facility is not utilized as a child care institution. (iv) A once-a-year allowance for a gift at holiday time for each ward in institutional care. (b) The cost of care in an out-of-state institution that has filed documentation, with the state or the court, of having a valid license to provide care and the details of the rates and service provided.

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(c) The cost of care provided in another county's child care facility if the facility has established and published the same per diem rate for all county and state placements. (d) Subsidy payments to a facility operated by another county to assure the availability of bed spaces if approved in the annual plan and budget. (e) The cost of care in a certified medical or psychiatric hospital. (f) The cost of care, at the state-established rate, in a facility licensed as a private child care institution. (g) The cost of care, exclusive of the education costs, at a boarding school licensed under section 1335 of the revised school code, 1976 PA 451, MCL 380.1335. (h) The cost of case service payments for services or materials not included in state-established rates.

R 400.2028 State expenses. Rule 28. The following county child care fund expenditures are 100% reimbursable from the state child care fund: (a) Reimbursement to a private child caring agency for the cost of foster care, exclusive of administrative costs, for a child released to the agency under section 29 of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.29. (b) Basic grant costs as approved in the county annual plan and budget as set forth in R 400.2010.

PART 3. ACCOUNTING

R 400.2031 Standards and requirements. Rule 31. In addition to the accounting standards and requirements specified in section 117c of the social welfare act, 1939 PA 280, MCL 400.117c, and section 1 of the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421, the following provisions apply: (a) All expenditures and disbursements from the court subaccount for which state reimbursement is claimed must be recorded in the county child care fund in the expenditure accounts specified in the publication entitled "Accounting Procedures Manual for Local Units of Government in Michigan” issued by the department of treasury. (b) All expenditures and disbursements from the county department subaccount for which state reimbursement is claimed must be recorded in the county child care fund in the expenditure accounts specified in the department accounting manual. (c) All revenues and receipts to the court subaccount related to child care costs for which state reimbursement is claimed shall be recorded in the child care fund and be classified in the revenue accounts as specified in the publication entitled "Accounting Procedures Manual for Local Units of Government in Michigan” issued by the department of treasury. (d) All revenues and receipts to the county department subaccount related to child care costs for which state reimbursement is claimed must be recorded in the child care fund and be classified in revenue accounts as specified in the department accounting manual. (e) County child care fund expenditures submitted for state reimbursement must be recorded separately from expenditures that are not eligible for state reimbursement. (f) A record of the cost for each child must be maintained for direct supervision or purchased placing agency family care, another county's institution, private institution, medical and psychiatric hospital, boarding schools, in-home care, and independent living. (g) Money received for a child's care up to the cost of care must be reported on the monthly financial report forms provided by the department. (h) Money received for a child's care more than the cost of care must be placed in a trust for the child.

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(i) The accounting records of the probate court subaccount of the child care fund must be retained in compliance with the publication entitled "Record Retention General Schedule #15 Circuit Courts" issued by the state supreme court administration office. (j) The accounting records of the county department subaccount of the child care fund must be retained in compliance with the department's child care fund policy and made available for state audit. (k) The county shall document that the expenditure of child care fund money reported for state reimbursement for goods or services from a third party complies with county policy with respect to contract and bidding requirements. (l) The county shall document that all supplies and equipment for which state reimbursement is received are identified as county property and controlled in compliance with the inventory and control policies of the county.

PART 4. REPORTING

R 400.2041 Definition. Rule 41. As used in this part, "offset" means the process the department uses to determine the dollar amount to bill a county for state ward charge-back or the remittance of state aid for the reimbursement of department child care fund expenditures.

R 400.2044 Department approval of county annual plan and budget. Rule 44. The department shall approve, within 30 calendar days after receipt, a properly completed annual plan and budget that complies with the requirements of section 117c of the social welfare act, 1939 PA 280, MCL 400.117c.

R 400.2045 Rescinded

R 400.2048 Department responsibilities to counties. Rule 48. (1) The office department shall be responsible for providing all necessary information to counties to meet the requirements of these rules and child care fund policy. (2) The department shall provide county-level assistance for county plan and budget development, program eligibility monitoring, and compliance.

R 400.2049 Monitoring county population projections. Rule 49. The department shall monitor county population projections produced by the department of technology, management and budget. The department shall provide to those counties that are projected to exceed or decline below the 75,000 population mark a 15-month period within which to develop a basic grant program or to change to the county juvenile officer grant payment system as provided in section 3 of 1919 (Ex Sess) PA 22, MCL 400.253.

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ADMINISTRATIVE RULES

DEPARTMENT OF HEALTH AND HUMAN SERVICES

CHILDREN’S SERVICES AGENCY

DIVISION OF CHILD WELFARE LICENSING

CHILD CARING INSTITUTIONS

Filed with the Secretary of State on May 20, 2020

(By authority conferred on the director of the department of health and human services by sections 2, 5, 10, and 14 of 1973 PA 116; MCL 722.112, 722.115, 722.120, 722.124, and Executive Reorganization Order 2015-1, MCL 400.227.)

R 400.4101 and R 400.4159 of the Michigan Administrative Code are amended as follows:

R 400.4101 Definitions. Rule 101. (1) As used in these rules: (a) “Accredited college or university” means a college or university recognized by the United States Department of Education. (b) “Act” means 1973 PA 116, MCL 722.111 to 722.128, and known as the child care organization licensing act. (c) “Audit” means a review done by an auditor that conforms with generally accepted accounting principles. (d) "Case record" means the individual file kept by an institution concerning a child who has been placed at the institution. (e) "Chief administrator" means the person designated by the licensee as having the onsite day-to-day responsibility for the overall administration of a child caring institution and for assuring the care, safety, and protection of residents. (f) “Chief administrator designee” means a person above the level of the supervisor who approved an action, and who was not involved in the decision being reviewed. (g) "Child caring institution" or “CCI” means a child caring institution as defined in section 1 of 1973 PA 116, MCL 722.111. (h) "Child caring institution staff member” means an individual who is 18 years or older, and to whom any of the following apply: (i) Is employed by a child caring institution for compensation, including adults who do not work directly with children. (ii) Is a contract employee or self-employed individual working with a child caring institution. (iii) Is an intern or other person who provides specific services under these rules.

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(i) “Corporal punishment” means hitting, paddling, shaking, slapping, spanking, or any other use of physical force as a means of behavior management. (j) “Detention facility” means an institution that primarily provides care and supervision for youth pending adjudication for status or criminal offenses or pending placement in a treatment facility post- adjudication. (k) "Department" means the Michigan department of health and human services. (l) "Developmentally disabled" means an individual who has an impairment of general intellectual functioning or adaptive behavior that meets all of the following criteria: (i) It originated before the person became 18 years of age. (ii) It has continued since its origination or can be expected to continue indefinitely. (iii) It constitutes a substantial burden to the impaired person's ability to perform normally in society. (iv) It is attributable to 1 or more of the following: (A) Significant cognitive impairment, cerebral palsy, epilepsy, or autism. (B) Any other condition of a person found to be closely related to significant cognitive impairment because it produces a similar impairment or requires treatment and services similar to those required for a person who is significantly cognitively impaired. (m) "Direct care worker" means a person who provides direct care and supervision of children in an institution. (n) “Human behavioral science” means a course of study producing a degree from an accredited college or university in any of the following: (i) Social work. (ii) Psychology. (iii) Guidance and counseling. (iv) Consumer or community services. (v) Criminal justice. (vi) Family ecology. (vii) Sociology. (o) “Juvenile justice youth” means a youth pending adjudication for status or criminal offenses or a youth who has been adjudicated under section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2a, or section 1 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1. (p) "License" means a license issued by the department to a non-governmentally operated institution or a certificate of approval issued by the department to a governmentally operated institution indicating that the institution is in compliance with these rules. (q) “Licensee" means the agency, association, corporation, firm, organization, person, partnership, department, or agency of the state, county, city, or other political subdivision that has submitted an original application for licensure or approval or has been issued a license or certificate of approval to operate a child caring institution. (r) “Licensee designee” means the individual who is authorized by the licensee, board of directors, or the governing body for a public institution, to act on behalf of the corporation or organization on licensing matters. (s) "Licensing authority" means the administrative unit of the department that has the responsibility for making licensing and approval recommendations for an institution. (t) "Medication" means prescription and nonprescription medicines. (u) “Misconduct” is conduct by a resident that affects the safety and security of residents, staff, or the community. (v) "Open institution" means an institution or facility, or portion thereof, that is used to house residents and that is not locked against egress, except for an approved behavior management room.

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(w) "Parent" means biological parent, including custodial and non-custodial parent, adoptive parent, or guardian. (x) "Protection" means the continual responsibility of the licensee to take reasonable action to ensure the health, safety, and well-being of a resident while under the supervision of the licensee or an agent or employee of the licensee, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and personal exploitation. (y) "Resident" means a child who is admitted to and resides in an institution. (z) “Seclusion room" means a room or area approved for the confinement or retention of a single resident. The door to the room may be equipped with a security locking device which operates by means of a key or is electrically operated and has a key override and emergency electrical backup in case of a power failure. (aa) "Secure institution" means an institution, or portion thereof, other than a seclusion room, used to house residents that is secured against egress from the building. (bb) “Serious injury” means any significant impairment of the physical condition of the minor child as determined by qualified medical personnel. This includes, but is not limited to, burns, lacerations, bone fractures, substantial hematoma, and injuries to internal organs, whether self-inflicted or inflicted by someone else. (cc) “Shelter care facility” means an institution which primarily provides care for residents for assessment, short-term supportive care, or placement planning. (dd) "Social service supervisor" means a person who supervises a social service worker. (ee) “Social service worker" means a person who works directly with residents, their families, and other relevant individuals and who is primarily responsible for the development, implementation, and review of service plans for the resident. This definition does not prevent a team approach to service plan development and implementation. (ff) "Terms of license" or "terms of approval" means those designations noted on an institution's license or certificate of approval for which the institution is authorized or approved. Such designations include the following: (i) Short-term institution. (ii) Residential treatment institution. (iii) Secure institution. (iv) Open institution. (v) Age of children to be accepted for care. (vi) Sex of children to be accepted for care. (vii) Number of children to be accepted for care. (viii) Effective and expiration dates. (gg) “Treatment institution" means an institution whose primary purpose and function is to provide habilitative or rehabilitative services. (2) A term defined in the act has the same meaning when used in these rules unless otherwise indicated .

R 400.4159 Resident restraint; pregnant youth. Rule 159. (1) An institution must establish and follow written policies and procedures regarding restraint. These policies and procedures shall be available to all residents, their families, and referring agencies. (2) Resident restraint must be performed in a manner that is safe, appropriate, and proportionate to the severity of the minor child’s behavior, chronological and developmental age, size, gender, physical condition, medical condition, psychiatric condition, and personal history, including any history of trauma, and done in a manner consistent with the resident’s treatment plan.

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(3) Subrules (4) and (5) apply to those public or private licensed child caring institutions for which the primary purpose is to serve juveniles that have been accused or adjudicated delinquent for having committed an offense, other than a juvenile accused or adjudicated under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2. (4) Mechanical restraints must not be used on pregnant youth, including youth who are in labor, delivery, and post-partum recovery, unless credible, reasonable grounds exist to believe the youth presents an immediate and serious threat of hurting self, staff, or others. (5) The following restraints are prohibited for use on pregnant youth unless reasonable grounds exist to believe the youth presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method: (a) Abdominal restraints. (b) Leg and ankle restraints. (c) Wrist restraints behind the back. (d) Four-point restraints on known pregnant juveniles. (6) The written policy must include all of the following: (a) Procedures for the review of an incident of restraint within 48 hours by a level of supervision above the staff ordering or conducting the restraint to determine if the requirements of the institution’s procedures were adhered to in directing and conducting the restraint. (b) Procedures for the provision of sufficient and adequate training for all staff members of the institution who may use or order the use of restraint using the institution’s written procedures. (c) Procedures for recording restraints as an incident report. (d) Procedures for the review and aggregation of incident reports regarding restraints at least biannually by the institution’s director or designee. (7) The written policy must only permit the licensee to restrain a child for the following circumstances: (a) To prevent injury to the child, self-injury, or injury to others. (b) As a precaution against escape or truancy. (c) When there is serious destruction of property that places a child or others at serious threat of violence or injury if no intervention occurs. (8) The written policy must prohibit, at a minimum, any of the following aversive punishment procedures: (a) The use of noxious substances. (b) The use of instruments causing temporary incapacitation. (c) Chemical restraint as defined in the act. (9) Restraint equipment and physical restraint techniques must not be used for punishment, discipline, or retaliation. (10) The use of a restraint chair is prohibited. (11) Resident restraint must only be applied for the minimum time necessary to accomplish the purpose for its use as specifically permitted in subrule (2) of this rule. Approval of a supervisor must be obtained when the restraint lasts more than 20 minutes. (12) The approval of the administrator or his or her designee must be obtained before any use of material or mechanical restraints. A staff member shall be present continuously while material or mechanical restraint equipment is being used on a resident, and the staff member shall remain in close enough proximity to the restraint to intervene immediately in case of emergency to protect the safety of the resident. (13) A staff person shall document each use of material or mechanical restraint equipment in a written record and shall include all of the following information: (a) The name of the resident.

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(b) The name of the administrator or designee who authorized the use of the equipment, and the time of the authorization. (c) The time the restraint equipment was applied. (d) The name of the staff member who was responsible for the application. (e) A description of the specific behavior that necessitated its use. (f) The name of the staff person who was continuously with the resident. (g) The date and time of removal of the equipment and the name of the person removing the equipment.

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ADMINISTRATIVE RULES

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SPECIAL EDUCATION PROGRAMS AND SERVICES

Filed with the secretary of state on May 20, 2020

(By the authority of the superintendent of public instruction under sections 1701 and 1703 of the revised school code, 1976 PA 451, MCL 380.1701 and 380.1703, and Executive Reorganization Order No. 1996-7, MCL 388.994)

R 340.1795 of the Michigan Administrative Code is amended, as follows:

R 340.1795 Early childhood special education teachers; special requirements. Rule 95. (1) An early childhood special education teacher for young children with disabilities or developmental delay shall possess 1 or more of the following: (a) Endorsements in both special education and early childhood education. (b) A major or minor in early childhood education or child growth and development and a valid Michigan teaching certificate with a special education endorsement with full approval from the department. (c) An endorsement in early childhood general and special education. (2) Full approval as a teacher of preprimary impaired children is full approval as an early childhood special education teacher if the teacher possesses a valid Michigan teaching certificate.

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EMERGENCY RULES

MCL 24.248 states:

“Sec. 48. (1) If an agency finds that preservation of the public health, safety, or welfare requires promulgation of an emergency rule without following the notice and participation procedures required by sections 41 and 42 and states in the rule the agency's reasons for that finding, and the governor concurs in the finding of emergency, the agency may dispense with all or part of the procedures and file in the office of the secretary of state the copies prescribed by section 46 indorsed as an emergency rule, to 3 of which copies shall be attached the certificates prescribed by section 45 and the governor's certificate concurring in the finding of emergency. The emergency rule is effective on filing and remains in effect until a date fixed in the rule or 6 months after the date of its filing, whichever is earlier. The rule may be extended once for not more than 6 months by the filing of a governor's certificate of the need for the extension with the office of the secretary of state before expiration of the emergency rule. An emergency rule shall not be numbered and shall not be compiled in the Michigan Administrative Code, but shall be noted in the annual supplement to the code. The emergency rule shall be published in the Michigan register pursuant to section 8. (2) If the agency desires to promulgate an identical or similar rule with an effectiveness beyond the final effective date of an emergency rule, the agency shall comply with the procedures prescribed by this act for the processing of a rule which is not an emergency rule. The rule shall be published in the Michigan register and in the code.”

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EMERGENCY RULES

DEPARTMENT OF HEALTH AND HUMAN SERVICES EMERGENCY RULE AMENDING R 325.9031 ADDING COVID-19 TO DEFINITION SECTION OF “INFECTIOUS AGENTS” EMERGENCY RULES

Filed with the Secretary of State on May 18, 2020

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

By authority conferred on the Department of Health and Human Services by sections 2221, 2226, 2233, 2253, and 2262 of the public health code, 1978 PA 368, MCL 333.2221, 333.2226, 333.2233, 333.2253, and 333.2262, Executive Reorganization Order No. 2015-1, MCL 400.227, and section 48 of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.248.

FINDING OF EMERGENCY

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease. On March 10, 2020, the Michigan Department of Health and Human Services (MDHHS) identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, Governor Whitmer issued Executive Order No. 2020-4 declaring a state of emergency across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, and the Emergency Powers of the Governor Act, 1945 PA 302, MCL 10.31 to 10.33. Further, in response to the widespread and severe health, economic, and social harms posed by the COVID-19 pandemic, the Governor issued Executive Order 2020-33 on April 1, 2020. This order expanded Executive Order 2020-4 and declared both a state of emergency and a state of disaster across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, and the Emergency Powers of the Governor Act of 1945. As of April 26, 2020, at least 37,778 Michiganders have been confirmed to have COVID-19; many thousands more are likely infected but have not been tested; and 3,315 people have died. Hospitals in the regions with the largest number of cases report that their beds are full or nearly full and convention centers and dormitories are being converted into provisional medical care facilities to cope with the overflow. MCL 333.2843 requires that certain physicians complete medical certifications for deceased persons. When a physician has actual knowledge of the presence of an “infectious agent” in the deceased person, MCL 333.2843b requires that the physician provide that information to funeral directors so that appropriate infection control precautions can be taken. MCL 333.2843b(4) authorizes MDHHS to create rules to define the term “infectious agent,” and R 325.9031 was promulgated for that purpose. The current rules do not list COVID-19 as an agent.

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On April 14, 2020, the Journal of Forensic and Legal Medicine reported the world’s first suspected case of a forensic practitioner contracting COVID-19 from the body of a COVID-19 victim. The Centers for Disease Control and Prevention recommends that medical examiners, coroners, pathologists, and other workers involved in providing postmortem care, take precautions to prevent transmission of COVID-19 where persons may have died from that disease. Informing funeral directors of the presence of COVID- 19 in a body under their care is thus essential to protecting funeral directors’ health and safety. Amending R 325.9031 to include COVID-19 in the definition of “infectious agent” will help to accomplish this goal. Here, if the standard rulemaking process was followed, the amendment to the term “infectious agent” would not go into effect for many months. The resulting delay would increase the risk to funeral directors and other occupations involving postmortem activities, contribute to the spread of COVID-19, and exacerbate the current state of emergency. I therefore find that preservation of the public health, safety, and welfare requires promulgation of emergency rules under MCL 24.248 to add COVID-19 to the definition section of R 325.9031 as an “infectious agent” under the Director’s authority above.

Rule 1. Application of other rules. These emergency rules, while in effect, supersede R 325.9031 of the Michigan Administrative Code.

Rule 2. For purposes of section 2843b of the public health code, 1978 PA 368, MCL 333.2843b, "infectious agent" means any of the following diseases or organisms: (a) Acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV) infection. (b) Anthrax. (c) Brucellosis. (d) Cholera. (e) Creutzfeldt-Jakob disease. (f) Diphtheria. (g) [si=?]Campylobacter species[ri=?]. (h) [si=?]Cryptosporidium species[ri=?]. (i) [si=?]Entamoeba histolytica[ri=?](amebic dysentery). (j) [si=?]Giardia lamblia[ri=?]. (k) [si=?]Salmonella species,[ri=?] including typhoid fever. (l) [si=?]Shigella species[ri=?]. (m) [si=?]Yersinia enterocolitica[ri=?]. (n) Hepatitis, viral, any type. (o) [si=?]Group A streptococcus[ri=?]. (p) Plague. (q) Poliomyelitis, acute infectious. (r) Rat-bite fever, spirillum or [si=?]streptobacillary[ri=?]. (s) Relapsing fever. (t) Rickettsial fevers, including Rocky Mountain spotted fever and typhus. (u) Syphilis, primary and secondary. (v) [si=?]Mycobacterium tuberculosis[ri=?]. (w) Tularemia ([si=?]Pasteurella tularesis[ri=?]). (x) Viral hemorrhagic fevers, including Lassa fever, Ebola disease, and Marburg

18 2020 MR 10 – June 15, 2020 virus disease. (y) Meningococcus ([si=?]Neisseria meningitidis[ri=?]). (z) Leprosy (Hansen's disease; [si=?]Mycobacterium leprae[ri=?]). (aa) Leptospirosis. (bb) Trypanosomiasis, such as Chagas' disease and African sleeping sickness. (cc) Rabies. (dd) COVID-19.

______Robert Gordon Director

Date:

Pursuant to Section 48(1) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.248(1), I hereby concur in the finding of the Department of Health and Human Services that circumstances creating an emergency have occurred and that preservation of the public health, safety, and welfare requires promulgation of the above rules.

______Honorable Gretchen Whitmer Governor

Date:

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EMERGENCY RULES

DEPARTMENT OF HEALTH AND HUMAN SERVICES AMENDED:

CREATING A SCHEDULE OF FINES FOR VIOLATION OF MAY 27, 2020 EMERGENCY ORDER

REGARDING EXECUTIVE ORDER NOS. 2020-69, 2020-71, 2020-96, AND 2020-97

EMERGENCY RULES

Filed with the Secretary of State on May 28, 2020

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

(By authority conferred on the department of health and human services by sections 2221, 2226, 2233, 2253, and 2262 of the public health code, 1978 PA 368, MCL 333.2221, 333.2226, 333.2233, 333.2253, and 333.2262, section 48 of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.248, and Executive Reorganization Order No. 2015-1, MCL 400.227)

FINDING OF EMERGENCY

These rules supersede the previous Emergency Rules issued April 2, 2020.

On March 10, 2020, the Michigan Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, Governor Gretchen Whitmer issued Executive Order 2020-4 declaring a state of emergency across the State of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL 10.31 to 10.33. And in response to the widespread and severe health, economic, and social harms posed by the COVID-19 pandemic, the Governor issued Executive Order 2020-33 on April 1, 2020. This Order expanded on Executive Order 2020-4 and declared both a state of emergency and a state of disaster across the State of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, and the Emergency Powers of the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had created emergency and disaster conditions across the State of Michigan, the Governor issued Executive Order 2020-67 to continue the emergency declaration under the Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to issue new emergency and disaster declarations under the Emergency Management Act.

On May 27, 2020, I issued an order entitled Emergency Order Under MCL 333.2253 – Regarding Executive Orders 2020-69, 2020-71, 2020-96, and 2020-97- to control the epidemic and protect public health by reinforcing the Governor’s Executive Orders. The Emergency Order concluded that the

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COVID-19 pandemic continues to constitute an epidemic in Michigan. Further, the Emergency Order concluded that control of the epidemic is necessary to protect the public health, and that it is necessary to establish procedures to be followed during the epidemic to ensure continuation of essential public health services and enforcement of health laws.

On April 2, 2020, I issued an emergency rule establishing a schedule of fines pursuant to MCL 333.2262(1). The emergency rules set a civil fine of $1,000 for violations of the epidemic order issued that same day.

The Emergency Order requires, among other things, that every person, as that term is defined in section 1106 of the public health code, 1978 PA 368, MCL 333.1106, in this state must comply with the procedures and restrictions outlined in Executive Orders 2020-69, 2020-71, 2020-96, and 2020-97.

Ensuring compliance with these orders requires identifying appropriate methods to enforce these orders. In addition to criminal prosecution for violating the Governor’s Executive Orders, I find that civil penalties would be an effective supplementary method of deterring violations of those orders.

The Michigan Department of Health and Human Services has authority to create a schedule of civil monetary penalties under section 2262(1) of the public health code, 1978 PA 368, MCL 333.2262, and would, under normal circumstances, follow the standard rulemaking process, including notice and participation, provided for in the Michigan Administrative Procedures Act of 1969 (APA), 1969 PA 306. Here, if the standard rulemaking process were followed, monetary civil penalties would not go into effect until well after they could provide useful deterrent measures. The resulting delay would result in less compliance with the Emergency Order, contribute to the spread of COVID-19, and exacerbate the current state of emergency. I therefore find that preservation of the public health, safety, and welfare requires promulgation of emergency rules under section 48 of the APA, MCL 24.248, to create a schedule of civil monetary penalties under the Director’s authority in MCL 333.2262(1). Further, because the April 2, 2020 Emergency Order has been supplanted by a subsequent, more updated order, I therefore find it appropriate to amend these emergency rules to clarify that the civil fine applies to the currently effective Emergency Order, issued May 27, 2020.

Rule to Enforce Emergency Order Regarding Executive Orders 2020-69, 2020-71, 2020-96, and 2020- 97.

Rule 1. Application of other rules. These emergency rules supersede the entirety of the emergency rules filed April 2, 2020.

Rule 2. Violations and penalty. A violation of the May 27, 2020 Emergency Order is subject to a penalty of up to $1,000 for each violation or day that a violation continues. No place of religious worship, when used for religious worship, is subject to penalty under subrule (1) of this rule.

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MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES

Robert Gordon

Director

Date:

______Honorable Gretchen Whitmer Governor

Date:

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OTHER OFFICIAL INFORMATION

MCL 24.208 states in part:

Sec. 8. (1) The office of regulatory reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * *

(i) Other official information considered necessary or appropriate by the office of regulatory reform.

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OTHER OFFICAL INFORMATION

June 3, 2020

Sent Via Electronic Mail

Michigan Office of Administrative Hearings and Rules 2nd Floor Ottawa Building 601 West Ottawa Street Lansing, Michigan 48909-7536

Subject: Rule Set 2019-68; Rule Set 2019-70

Dear Sir or Madam:

This is to provide notice that the Marijuana Regulatory Agency has withdrawn and revised the rule sets entitled “Marihuana Sampling and Testing” (2019-70 LR) and “Marihuana Licensees” (2019-68 LR), with permission granted from the Joint Committee on Administrative Rules (JCAR) pursuant to section 45a(1) and section 45c(2) of the Administrative Procedures Act of 1969 (APA), 1969 PA 306, MCL 24.245a(10)(a) and 24.245c(2).

Please contact me at 517-599-5576 with any questions or concerns regarding this matter. Thank you for your consideration.

Sincerely,

Andrew Brisbo Executive Director

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June 4, 2020

Sent Via Email

Andrew Brisbo, Executive Director Marijuana Regulatory Agency P.O. Box 30205 Lansing, MI 48909

Director Brisbo:

On June 3, 2020, the Marijuana Regulatory Agency requested permission to withdraw from the Joint Committee on Administrative Rules (JCAR), the rule sets entitled “Marihuana Sampling and Testing” (2019-70 LR) and “Marihuana Licensees” (2019-68 LR) to incorporate changes requested by JCAR. JCAR granted permission to withdraw the rules on June 4, 2020.

Pursuant to section 45c(3) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.245c, the Michigan Office of Administrative Hearings and Rules (MOAHR) has reviewed the rules as changed and has determined that the regulatory impact or the impact on small businesses of the rules as changed would not be more burdensome than the regulatory impact or the impact on small businesses of the rule as originally proposed.

The changes to the “Marihuana Sampling and Testing” rules provide for maximum batch sizes that gradually increase so that labs have sufficient time to adjust accordingly. MOAHR has determined that the regulatory impact and the impact on small businesses would not be more burdensome, as the current emergency rules address batch sizes.

In addition, the revision of the definition of “plant” in the “Marihuana Licensees” rules provides clarity to the different license types and therefore is not more burdensome.

Sincerely,

Katie Wienczewski Administrative Rules Manager Michigan Office of Administrative Hearings and Rules cc: Adam Sandoval, Deputy Director, LARA Suzanne Sonneborn, Executive Director, MOAHR

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June 4, 2020

Andrew Brisbo Executive Director, Marijuana Regulator), Agency Department of Licensing and Regulatory Affairs 2407 North Grand River P.O. Box 30205 Lansing, Michigan 48909

Dear Mr. Brisbo:

As Chair and Alternate Chair of the Joint Committee on Administrative Rules it has come to our attention that the Michigan Department of Licensing and Regulatory Affairs is asking for permission to withdraw the proposed rules identified as "Marihuana Licensees (MOAHR #2019-068 LR)" and "Marihuana Sampling and Testing (MOAHR #2019-070 LR)." MCL 24.245a(10) provides that a rule is withdrawn with permission if the withdrawal is approved by the Chair and Alternate Chair. This section further provides that if permission to withdraw is granted, the 15-session-day period for committee review is toiled until the rule is resubmitted, subject to the requirement that the committee must have at least 6 session days after resubmission to consider the resubmitted rule.

On behalf of the Joint Committee on Administrative Rules and pursuant to the authority of the Chair and Alternate Chair under MCL 24.245a(10) we grant permission to the Michigan Department of Licensing and Regulatory Affairs to withdraw the proposed rules.

Senator Peter Lucido Representative Matt Maddock Chairperson Alternate Chairperson

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MARIJUANA REGULATORY AGENCY

MARIHUANA LICENSEES

Filed with the secretary of state on

(By authority conferred on the executive director of the marijuana regulatory agency by section 206 of the medical marihuana facilitates licensing act, 2016 PA 281, MCL 333.27206, sections 7 and 8 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27957 and 333.27958, and Executive Reorganization Order No. 2019-2, MCL 333.27001)

R 420.101, R 420.102, R 420.103, R 420.104, R 420.105, R 420.106, R 420.107, R 420.108, R 420.109, R 420.110, R 420.111, R 420.112, and R 420.113 are added to the Michigan Administrative Code as follows:

R 420.101 Definitions. Rule 1. (1) As used in these rules: (a) “Acts” refers to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, when applicable. (b) “Agency” means the marijuana regulatory agency. (c) "Applicant" means a person who applies for a marihuana license, subject to paragraphs (i) and (ii): (i) For purposes of this definition, an applicant includes a managerial employee of the applicant, a person holding a direct or indirect ownership interest of more than 10% in the applicant, and the following for each type of applicant: (A) For an individual or sole proprietorship: the proprietor and spouse. (B) For a partnership and limited liability partnership: all partners and their spouses. (C) For a limited partnership and limited liability limited partnership: all general and limited partners, not including a limited partner holding a direct or indirect ownership interest of 10% or less who does not exercise control over or participate in the management of the partnership, and their spouses. (D) For a limited lability company: all members and managers, not including a member holding a direct or indirect ownership interest of 10% or less who does not exercise control over or participate in the management of the company, and their spouses. (E) For a privately held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses. (F) For a publicly held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses.

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(G) For a multilevel ownership enterprise: any entity or person that receives or has the right to receive more than 10% of the gross or net profit from the enterprise during any full or partial calendar or fiscal year. (H) For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and their spouses. (I) For a trust, any beneficiary who receives or has the right to receive more than 10% of the gross or net profit of the trust during any full or partial calendar or fiscal year and their spouses. (ii) For purposes of this definition, an applicant does not include: (A) A person who provides financing to an applicant or licensee under a bona fide financing agreement at a reasonable interest rate unless the person exercises control over or participates in the management of the marihuana business. (B) A franchisor who grants a franchise to an applicant, if the franchisor does not have the right to receive royalties based upon the sale of marihuana or marihuana-infused products by the applicant who is a franchisee. Nothing in this subrule shall be construed to preclude a franchisor from charging an applicant who is a franchisee a fixed fee. As used in this definition, the terms “franchise,” “franchisor,” and “franchisee” have the meanings set forth in section 2 of the franchise investment law, 1974 PA 269, MCL 445.1502. (C) A person receiving reasonable payment for rent on a fixed basis under a bona fide lease or rental obligation unless the person exercises control over or participates in the management of the marihuana business. (D) A person receiving reasonable payment under a licensing agreement or contract approved by the agency concerning the licensing of intellectual property including, but not limited to, brands and recipes. (E) A person who receives a percentage of profits as an employee if the employee does not meet the definition of “managerial employee” and the employee does not receive more than 10% of the gross or net profit from the licensee during any full or partial calendar or fiscal year. (F) A person who receives a bonus as an employee if the employee is on a fixed wage or salary and the bonus is not more than 25% of the employee’s pre-bonus annual compensation or if the bonus is based upon a written incentive/bonus program that is not out of the ordinary for the services rendered. (d) “Clone” means a replication of a single parent plant through vegetative propagation. (e) “Common ownership” means 2 or more state licenses or two or more equivalent licenses held by one person under the Michigan regulation and taxation of marihuana act. (f) “Employee” means a person performing work or service for compensation. “Employee” does not include individuals providing trade or professional services who are not normally engaged in the operation of a marihuana business. (g) “Immature plant” means a nonflowering marihuana plant that is no taller than 8 inches from the growing or cultivating medium and no wider than 8 inches, produced from a cutting, clipping, tissue culture, or seedling, and that is in a growing or cultivating medium or in a growing or cultivating container. (h) “Industrial hemp” means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106. (i) “Industrial hemp research and development act” means the industrial hemp research and development act, 2014 PA 547, MCL 286.841 to 286.859. (j) “Managerial employee” means those employees who have the ability to control and direct the affairs of the marihuana business or have the ability to make policy concerning the marihuana business, or both. (k) “Marihuana establishment” means a location at which a licensee is licensed to operate a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness,

28 2020 MR 10 – June 15, 2020 marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed to operate by the agency under the Michigan regulation and taxation of marihuana act. (l) “Marihuana facility” means a location at which a licensee is licensed to operate under the medical marihuana facilities licensing act. (m) “Marihuana license” means a state operating license issued under the medical marihuana facilities licensing act, or a state license issued under the Michigan regulation and taxation of marihuana act, or both. (n) “Marihuana product” means marihuana or a marihuana-infused product, or both, as those terms are defined in the applicable act unless otherwise provided for in these rules. (o) “Mature plant” means a flowering or nonflowering marihuana plant that has taken root and is taller than 8 inches from the growing or cultivating medium or wider than 8 inches, produced from a cutting, clipping, tissue culture, or seedling, and that is in a growing or cultivating medium or in a growing or cultivating container. (p) “Medical marihuana facilities licensing act” or “MMFLA” means the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801. (q) “Michigan medical marihuana act” means the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430. (r) “Michigan regulation and taxation of marihuana act” or “MRTMA” means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967. (s) “Marihuana tracking act” means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904. (t) “These rules” means the administrative rules promulgated by the agency under the authority of the medical marihuana facilities licensing act, the marihuana tracking act, the Michigan regulation and taxation of marihuana act, and Executive Reorganization Order No. 2019-2, MCL .333.27001. (u) “Same location” means separate marihuana licenses that are issued to multiple marihuana businesses that are authorized to operate at a single property but with separate business suites, partitions, or addresses. (2) Terms defined in the acts have the same meanings when used in these rules unless otherwise indicated.

PART 1. LICENSEES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT

R 420.102 Marihuana grower license. Rule 2. (1) A marihuana grower license authorizes the marihuana grower to grow not more than the following number of marihuana plants under the indicated license class for each marihuana grower license the marihuana grower holds in that class: (a) Class A – 100 marihuana plants. (b) Class B – 500 marihuana plants. (c) Class C – 2,000 marihuana plants. (2) For the purposes of this rule, only mature marihuana plants are included in the plant count in subrule (1) of this rule. (3) Except as otherwise provided in the MRTMA and these rules, a marihuana grower license authorizes sale of marihuana plants to a marihuana grower only by means of a marihuana secure transporter. A marihuana grower license authorizes the sale or transfer of seeds, seedlings, tissue cultures, or immature plants to a marihuana grower from another marihuana grower without using a marihuana secure transporter.

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(4) A marihuana grower license authorizes a marihuana grower to transfer marihuana without using a marihuana secure transporter to a marihuana processor or marihuana retailer if both of the following are met: (a) The marihuana processor or marihuana retailer occupies the same location as the marihuana grower and the marihuana is transferred using only private real property without accessing public roadways. (b) The marihuana grower enters each transfer into the statewide monitoring system. (5) A marihuana grower license authorizes sale of marihuana, other than seeds, seedlings, tissue cultures, immature plants, and cuttings, to a marihuana processor or marihuana retailer. (6) Except as otherwise provided in the MRTMA, subrules (3) and (4) of this rule, and R 420.304, a marihuana grower license authorizes the marihuana grower to transfer marihuana only by means of a marihuana secure transporter. (7) A marihuana grower must enter all transactions, current inventory, and other information into the statewide monitoring system as required in these rules. (8) A marihuana grower license does not authorize the marihuana grower to operate in an area unless the area is zoned for industrial or agricultural uses or otherwise meets the requirements established in section 9.3.(c) of the MRTMA, MCL 333.27959. (9) A marihuana grower may accept the transfer of marihuana seeds, tissue cultures, and clones that do not meet the definition of marihuana plant in these rules at any time from another grower licensed under the acts, these rules, or both. (10) A class A marihuana grower may accept the transfer of marihuana plants only once upon licensure from a registered primary caregiver if the registered primary caregiver was an applicant for that class A marihuana grower license. (11) A marihuana grower licensee is required to comply with the requirements of the Michigan regulation and taxation of marihuana act and these rules.

R 420.103 Marihuana processor license. Rule 3. (1) A marihuana processor license authorizes purchase or transfer of marihuana or marihuana- infused products from only a licensed marihuana establishment and sale or transfer of marihuana- infused products or marihuana to only a licensed marihuana establishment. (2) Except as otherwise provided in these rules and the MRTMA, a marihuana processor license authorizes a marihuana processor to transfer marihuana only by means of a marihuana secure transporter. A marihuana processor license authorizes a marihuana processor to transfer marihuana without using a marihuana secure transporter to a marihuana grower, marihuana processor, or marihuana retailer if both of the following are met: (a) The marihuana grower, marihuana processor, or marihuana retailer occupies the same location as the marihuana processor and the marihuana is transferred using only private real property without accessing public roadways. (b) The marihuana processor enters each transfer into the statewide monitoring system. (3) A licensee who holds 2 or more marihuana processor licenses with common ownership at different establishments may transfer marihuana product inventory between the licensed marihuana processor establishments. The transferred marihuana product must be entered and tracked in the statewide monitoring system as required in these rules. (4) A marihuana processor must enter all transactions, current inventory, and other information into the statewide monitoring system as required in these rules.

R 420.104. Marihuana retailer license.

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Rule 4. (1) A marihuana retailer license authorizes the purchase or transfer of marihuana or marihuana- infused products from only a licensed marihuana establishment and sale or transfer to only a licensed marihuana establishment or an individual 21 years of age or older. Except as otherwise provided in these rules, and the MRTMA, all transfers of marihuana to a marihuana retailer from a separate marihuana establishment must be by means of a marihuana secure transporter. A transfer of marihuana to a marihuana retailer from a marihuana establishment that occupies the same location as the marihuana retailer does not require a marihuana secure transporter if the marihuana is transferred to the marihuana retailer using only private real property without accessing public roadways. (2) A marihuana retailer license authorizes the marihuana retailer to transfer marihuana to or from a marihuana safety compliance facility for testing by means of a marihuana secure transporter or as provided in these rules. (3) A marihuana retailer shall comply with all of the following: (a) Sell or transfer marihuana to an individual 21 years of age or older only after it has been tested in accordance with these rules and bears the label required for retail sale. (b) Enter all transactions, current inventory, and other information into the statewide monitoring system as required in these rules. (c) Before selling or transferring marihuana to an individual 21 years of age or older, verify the individual appears to be 21 years of age or older by means of government-issued photographic identification containing a date of birth and that the sale or transfer will not exceed the single transaction limit in these rules. (4) A licensee who holds 2 or more marihuana retailer licenses with common ownership at different establishments may transfer marihuana product inventory between the licensed marihuana retailer establishments. The transferred marihuana product must be entered and tracked in the statewide monitoring system as required in these rules and any requirements published by the agency.

R 420.105 Marihuana microbusiness license. Rule 5. (1) A marihuana microbusiness license authorizes the following: (a) The cultivation of not more than 150 plants. Only mature marihuana plants are included in the plant count in this subdivision. (b) The processing and packaging of marihuana. (c) The retail sale or transfer of marihuana to only an individual 21 years of age or older, but not to other marihuana establishments. (d) The transfer of marihuana to a marihuana safety compliance facility for testing. (2) Except as otherwise provided in R 420.304, this rule, and the MRTMA, a marihuana microbusiness license authorizes a marihuana microbusiness to transfer marihuana from the marihuana grower area to the marihuana processor and marihuana retailer areas of the marihuana microbusiness and from the marihuana processor area to marihuana grower and marihuana retailer areas of the marihuana microbusiness without using a marihuana secure transporter if all areas of the marihuana microbusiness enter each transfer between different areas of the marihuana microbusiness into the statewide monitoring system. (3) A marihuana microbusiness shall not operate at multiple locations. (4) A marihuana microbusiness must enter all transactions, current inventory, and other information into the statewide monitoring system as required in these rules. (5) A marihuana microbusiness may accept the transfer of marihuana seeds, tissue cultures, and clones that do not meet the definition of marihuana plant in these rules at any time from another grower licensed under the acts, these rules, or both. A marihuana microbusiness shall not sell or transfer marihuana seeds, tissue cultures, or clones received under this subrule.

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(6) A marihuana microbusiness may accept the transfer of marihuana plants only once upon licensure from a registered primary caregiver if the registered primary caregiver was an applicant for that marihuana microbusiness license. (7) A marihuana microbusiness license is subject to all applicable provisions in the Michigan regulation and taxation of marihuana act and these rules related to a marihuana grower, marihuana retailer, and marihuana processor license except for R 420.102(8).

R 420.106 Marihuana secure transporter license. Rule 6. (1) A marihuana secure transporter license authorizes the licensee to store and transport marihuana and money associated with the purchase or sale of marihuana between marihuana establishments for a fee upon request of a person with legal custody of that marihuana or money. It does not authorize transport to a registered qualifying patient or registered primary caregiver. If a marihuana secure transporter has its primary place of business in a municipality that has not adopted an ordinance under section 6 of the MRTMA, MCL 333.27956, prohibiting marihuana establishments, the marihuana secure transporter may travel through any municipality. (2) A marihuana secure transporter shall enter all transactions, current inventory, and other information into the statewide monitoring system as required in these rules. (3) A marihuana secure transporter shall comply with all of the following: (a) Each driver transporting marihuana must have a chauffeur's license issued by this state. (b) Each vehicle must be operated with a 2-person crew with at least 1 individual remaining with the vehicle at all times during the transportation of marihuana. (c) A route plan and manifest must be entered into the statewide monitoring system, and a copy must be carried in the transporting vehicle and presented to a law enforcement officer upon request. (d) The marihuana must be transported in 1 or more sealed containers and not be accessible while in transit. (e) A secure transporting vehicle must not bear markings or other indication that it is carrying marihuana or a marihuana-infused product. (f) A secure transport vehicle may be stored at a location that is not the primary place of business of the secure transporter if the vehicle does not contain marihuana products and the address of storage is reported to the agency in the licensee’s staffing plan. (4) A marihuana secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana to determine compliance with the MRTMA and these rules.

R 420.107 Marihuana safety compliance facility license. Rule 7. (1) A marihuana safety compliance facility license authorizes the marihuana safety compliance facility to do all of the following without using a marihuana secure transporter: (a) Take marihuana from, test marihuana for, and return marihuana to only a licensed marihuana establishment. (b) Collect a random sample of marihuana at the marihuana establishment of a marihuana grower, marihuana processor, marihuana retailer, or marihuana microbusiness for testing. (2) A marihuana safety compliance facility must be accredited by an entity approved by the agency by 1 year after the date the marihuana safety compliance facility license is issued or have previously provided drug testing services to this state or this state's court system and be a vendor in good standing in regard to those services. The agency may grant a variance from this requirement upon a finding that the variance is necessary to protect and preserve the public health, safety, or welfare. (3) A marihuana safety compliance facility shall comply with all of the following:

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(a) Perform safety tests to certify that marihuana is reasonably free of known contaminants in compliance with the standards established by the agency. (b) Use validated test methods to perform all safety tests and to determine tetrahydrocannabinol (THC), tetrahydrocannabinol acid (THC-A), cannabidiol (CBD), and cannabidiol acid (CBD-A) concentrations. (c) Perform other tests necessary to determine compliance with good manufacturing processes as prescribed in these rules. (d) Enter all transactions, current inventory, and other information into the statewide monitoring system as required in these rules. (e) Have a secured laboratory space that cannot be accessed by the general public. (f) Retain and employ at least 1 laboratory manager with a relevant advanced degree in a medical or laboratory science. A laboratory manager shall be responsible for the following duties including, but not limited to: (i) Ensure tests are conducted in accordance with R 420.305. (ii) Ensure test results are accurate and valid. (iii) Oversee day-to-day operations. (iv) Validate reporting requirements in the statewide monitoring system.

PART 2. LICENSEES UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT

R 420.108 Grower license. Rule 8. (1) A grower license authorizes the grower to grow not more than the following number of marihuana plants under the indicated license class for each license the grower holds in that class: (a) Class A – 500 marihuana plants. (b) Class B – 1,000 marihuana plants. (c) Class C – 1,500 marihuana plants. (2) Except as otherwise provided in this subrule, a grower license authorizes sale of marihuana plants to a grower only by means of a secure transporter. A grower license authorizes the sale or transfer of seeds, seedlings, or tissue cultures to a grower from a registered primary caregiver or another grower without using a secure transporter. (3) A grower license authorizes a grower to transfer marihuana without using a secure transporter to a processor or provisioning center if both of the following are met: (a) The processor or provisioning center occupies the same location as the grower and the marihuana is transferred using only private real property without accessing public roadways. (b) The grower enters each transfer into the statewide monitoring system. (4) A grower license authorizes sale of marihuana, other than seeds, seedlings, tissue cultures, and cuttings, to a processor or a provisioning center. (5) Except as otherwise provided in subrules (2) and (3) and section 505 of the medical marihuana facilities licensing act, MCL 333.27505, a grower license authorizes the grower to transfer marihuana only by means of a secure transporter. (6) To be eligible for a grower license, the applicant and each investor in the grower must not have an interest in a secure transporter or safety compliance facility. (7) A grower shall enter all transactions, current inventory, and other information into the statewide monitoring system as required in the medical marihuana facilities licensing act, these rules, and the marihuana tracking act.

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(8) A grower license does not authorize the grower to operate in an area unless the area is zoned for industrial or agricultural uses or is unzoned and otherwise meets the requirements established in section 205(1) of the medical marihuana facilities licensing act, MCL 333.27205(1).

R 420.109 Processor license. Rule 9. (1) A processor license authorizes purchase of marihuana only from a grower and sale of marihuana-infused products or marihuana only to a provisioning center or another processor. (2) Except as otherwise provided in section 505 of the medical marihuana facilities licensing act, MCL 333.27505, and this subrule, a processor license authorizes the processor to transfer marihuana only by means of a secure transporter. A processor license authorizes a processor to transfer marihuana without using a secure transporter to a grower or provisioning center if both of the following are met: (a) The grower or provisioning center occupies the same location as the processor and the marihuana is transferred using only private real property without accessing public roadways. (b) The processor enters each transfer into the statewide monitoring system. (3) To be eligible for a processor license, the applicant and each investor in the processor must not have an interest in a secure transporter or safety compliance facility. (4) A processor shall enter all transactions, current inventory, and other information into the statewide monitoring system as required in the medical marihuana facilities licensing act, these rules, and the marihuana tracking act.

R 420.110 Secure transporter license. Rule 10. (1) A secure transporter license authorizes the licensee to store and transport marihuana and money associated with the purchase or sale of marihuana between marihuana facilities for a fee upon request of a person with legal custody of that marihuana or money. It does not authorize transport of marihuana products to a registered qualifying patient or registered primary caregiver. If a secure transporter has its primary place of business in a municipality that has adopted an ordinance under section 205 of the medical marihuana facilities licensing act, MCL 333.27205, authorizing the marihuana facility, the secure transporter may travel through any municipality. (2) To be eligible for a secure transporter license, the applicant and each investor with an interest in the secure transporter must not have an interest in a grower, processor, provisioning center, or safety compliance facility and must not be a registered qualifying patient or registered primary caregiver. (3) A secure transporter shall enter all transactions, current inventory, and other information into the statewide monitoring system as required in the medical marihuana facilities licensing act, these rules, and the marihuana tracking act. (4) A secure transporter shall comply with all of the following: (a) Each driver transporting marihuana must have a chauffeur’s license issued by this state. (b) Each employee who has custody of marihuana or money that is related to a marihuana transaction shall not have been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past 5 years or have been convicted of a misdemeanor involving a controlled substance within the past 5 years. (c) Each vehicle must be operated with a 2-person crew with at least one individual remaining with the vehicle at all times during the transportation of marihuana. (d) A route plan and manifest must be entered into the statewide monitoring system, and a copy must be carried in the transporting vehicle and presented to a law enforcement officer upon request. (e) The marihuana must be transported in one or more sealed containers and not be accessible while in transit. (f) A secure transporting vehicle must not bear markings or other indication that it is carrying marihuana or a marihuana-infused product.

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(g) A secure transport vehicle may be stored at a location that is not the primary place of business of the secure transporter if the vehicle does not contain marihuana products and the address of storage is reported to the agency in the licensee’s staffing plan. (5) A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana to determine compliance with the medical marihuana facilities licensing act.

R 420.111 Provisioning center license. Rule 11. (1) A provisioning center license authorizes the purchase or transfer of marihuana only from a grower or processor and sale or transfer to only a registered qualifying patient or registered primary caregiver. Except as otherwise provided in section 505 of the medical marihuana facilities licensing act, 333.27505 and this subrule, all transfers of marihuana to a provisioning center from a separate marihuana facility must be by means of a secure transporter. A transfer of marihuana to a provisioning center from a marihuana facility that occupies the same location as the provisioning center does not require a secure transporter if the marihuana is transferred to the provisioning center using only private real property without accessing public roadways. (2) A provisioning center license authorizes the provisioning center to transfer marihuana to or from a safety compliance facility for testing by means of a secure transporter or as provided in section 505 of the medical marihuana facilities licensing act, MCL 333.27505. (3) To be eligible for a provisioning center license, the applicant and each investor in the provisioning center must not have an interest in a secure transporter or safety compliance facility. (4) A provisioning center shall comply with all of the following: (a) Sell or transfer marihuana to a registered qualifying patient or registered primary caregiver only after it has been tested and bears the label required for retail sale. (b) Enter all transactions, current inventory, and other information into the statewide monitoring system as required in the medical marihuana facilities licensing act, these rules, and the marihuana tracking act. (c) Before selling or transferring marihuana to a registered qualifying patient or to a registered primary caregiver on behalf of a registered qualifying patient, inquire of the statewide monitoring system to determine whether the patient and, if applicable, the caregiver hold a valid, current, unexpired, and unrevoked registry identification card and that the sale or transfer will not exceed the daily and monthly purchasing limit established by the agency under the medical marihuana facilities licensing act.

R 420.112 Safety compliance facility license; exception for industrial hemp. Rule 12. (1) In addition to transfer and testing as authorized in section 203 of the medical marihuana facilities licensing act, MCL 333.27203, a safety compliance facility license authorizes the safety compliance facility to do all of the following without using a secure transporter: (a) Take marihuana from, test marihuana for, and return marihuana to only a marihuana facility. (b) Collect a random sample of marihuana at the marihuana facility of a grower, processor, or provisioning center for testing. (2) A safety compliance facility must be accredited by an entity approved by the agency by 1 year after the date the license is issued or have previously provided drug testing services to this state or this state’s court system and be a vendor in good standing in regard to those services. The agency may grant a variance from this requirement upon a finding that the variance is necessary to protect and preserve the public health, safety, or welfare. (3) To be eligible for a safety compliance facility license, the applicant and each investor with any interest in the safety compliance facility must not have an interest in a grower, secure transporter, processor, or provisioning center.

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(4) A safety compliance facility shall comply with all of the following: (a) Perform tests to certify that marihuana is reasonably free from chemical residues such as fungicides and insecticides. (b) Use validated methods for all testing required by the agency. (c) Perform tests that determine whether marihuana complies with the standards the agency establishes. (d) Perform additional tests necessary to determine compliance with any other good manufacturing processes as prescribed in these rules. (e) Enter all transactions, current inventory, and other information into the statewide monitoring system as required in the medical marihuana facilities licensing act, these rules, and the marihuana tracking act. (f) Have a secured laboratory space that cannot be accessed by the general public. (g) Retain and employ at least 1 laboratory manager with a relevant advanced degree in a medical or laboratory science. A laboratory manager shall be responsible for the following duties including, but not limited to: (i) Ensure tests are conducted in accordance with R 420.305. (ii) Ensure test results are accurate and valid. (iii) Oversee day-to-day operations. (iv) Validate reporting requirements in the statewide monitoring system. (5) A safety compliance facility is not prohibited from taking or receiving industrial hemp for testing purposes and testing the industrial hemp pursuant to the industrial hemp research and development act.

R 420.113 Severability. Rule 13. If any rule or subrule of these rules, in whole or in part, is found to be invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining portion of these rules.

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OTHER OFFICAL INFORMATION

June 3, 2020

Sent Via Electronic Mail

Michigan Office of Administrative Hearings and Rules 2nd Floor Ottawa Building 601 West Ottawa Street Lansing, Michigan 48909-7536

Subject: Rule Set 2019-68; Rule Set 2019-70

Dear Sir or Madam:

Please contact me at 517-599-5576 with any questions or concerns regarding this matter. Thank you for your consideration.

Sincerely,

Andrew Brisbo Executive Director

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June 4, 2020

Sent Via Email

Andrew Brisbo, Executive Director Marijuana Regulatory Agency P.O. Box 30205 Lansing, MI 48909

Director Brisbo:

In addition, the revision of the definition of “plant” in the “Marihuana Licensees” rules provides clarity to the different license types and therefore is not more burdensome.

Sincerely,

Katie Wienczewski Administrative Rules Manager Michigan Office of Administrative Hearings and Rules cc: Adam Sandoval, Deputy Director, LARA Suzanne Sonneborn, Executive Director, MOAHR

38 2020 MR 10 – June 15, 2020

June 4, 2020

Andrew Brisbo Executive Director, Marijuana Regulator), Agency Department of Licensing and Regulatory Affairs 2407 North Grand River P.O. Box 30205 Lansing, Michigan 48909

Dear Mr. Brisbo:

Senator Peter Lucido Representative Matt Maddock Chairperson Alternate Chairperson

39 2020 MR 10 – June 15, 2020

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MARIJUANA REGULATORY AGENCY

MARIHUANA SAMPLING AND TESTING

Filed with the secretary of state on

(By authority conferred on the executive director of the marihuana regulatory agency by section 206 of the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27206, sections 7 and 8 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27957 and 333.27958, and Executive Reorganization Order No. 2019-2, MCL 333.27001)

R 420.301, R 420.302, R 420.303, R 420.304, R 420.305, R 240.306, R 420.307, and R 420.308 are added to the Michigan Administrative Code as follows:

R 420.301 Definitions. Rule 1. (1) As used in these rules: (a) “Action limit” means the maximum permissible level of a contaminant in marihuana product allowable by the agency. (b) “Acts” refers to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, when applicable. (c) “Agency” means the marijuana regulatory agency. (d) “Batch” means all marihuana product of the same variety that has been processed together and exposed to substantially similar conditions throughout processing. (e) “Bureau of fire services” or “BFS” means the bureau of fire services in the department of licensing and regulatory affairs. (f) “Cultivator” refers to a grower under the medical marihuana facilities licensing act or a marihuana grower under the Michigan regulation and taxation of marihuana act, or both. (g) “Final form” means the form a marihuana product is in when it is available for sale by a marihuana sales location. For marihuana products intended for inhalation, the marihuana concentrate in the e- cigarette or vaping device. (h) “Good agricultural collection practices” or “GACP-GMP” means the World Health Organizations or American Herbal Products Associations guidelines regarding the safety, efficacy and sustainability of medicinal plant material being used in herbal medicines. (i) “Good manufacturing practices” or “GMP” means the Food and Drug Administration’s formal regulations regarding the design, monitoring, control, and maintenance of manufacturing processes and facilities. They are designed to ensure that products manufactured are to specific requirements including identity, strength, quality, and purity. (j) “Harvest batch” means a designated quantity of harvested marihuana, all of which is identical in strain and has been grown and harvested together and exposed to substantially similar conditions throughout cultivation.

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(k) "Immature plant” means a nonflowering marihuana plant that is no taller than 8 inches from the growing or cultivating medium and no wider than 8 inches produced from a cutting, clipping, tissue culture, or seedling that is in a growing or cultivating medium or in a growing or cultivating container. (l) “Inactive ingredients” means binding materials, dyes, preservatives, flavoring agents, and any other ingredient that is not derived from the plant Cannabis Sativa L. (m) “Laboratory” refers to both a safety compliance facility under the medical marihuana facilities licensing act and a marihuana safety compliance facility under the Michigan regulation and taxation of marihuana act. (n) “Limit of quantitation” or “LOQ” means the minimum concentration or mass of an analyte in a given matrix that can be reported as a quantitative result. (o) “Marihuana business” refers to a marihuana facility under the medical marihuana facilities licensing act or a marihuana establishment under the Michigan regulation and taxation of marihuana act, or both. (p) “Marihuana establishment” means a location at which a licensee is licensed to operate a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, marihuana designated consumption establishment, or any other type of marihuana-related business licensed to operate by the agency under the Michigan regulation and taxation of marihuana act. (q) “Marihuana facility” means a location at which a licensee is licensed to operate under the medical marihuana facilities licensing act. (r) “Marihuana product” means marihuana or a marihuana-infused product, or both, as those terms are defined in the act unless otherwise provided for in these rules. (s) “Marihuana sales location” refers to a provisioning center under the medical marihuana facilities licensing act or a marihuana retailer under the Michigan regulation and taxation of marihuana act, or both. (t) “Marihuana tracking act” means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904. (u) “Medical marihuana facilities licensing act” or “MMFLA” means the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801. (v) “Michigan regulation and taxation of marihuana act” or “MRTMA” means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967. (w) “Package tag” means an RFID tag supplied through the statewide monitoring system for the purpose of identifying a package containing a marihuana product. (x) “Plant tag” means an RFID tag supplied through the statewide monitoring system for the purpose of identifying an individual marihuana plant. (y) “Pre-testing” means performing full compliance testing on samples, then not reporting the results to the agency, and reporting results of subsequent testing to the agency. (z) “Proficiency testing” determines the performance of individual laboratories for specific tests or measurements and is used to monitor laboratories’ continuing performance. (aa) “Producer” refers to both a processor under the medical marihuana facilities licensing act and a marihuana processor under the Michigan regulation and taxation of marihuana act. (bb) “These rules” means the administrative rules promulgated by the agency under the authority of the medical marihuana facilities licensing act, the marihuana tracking act, the Michigan regulation and taxation of marihuana act, and Executive Reorganization Order No. 2019-2, MCL 333.27001. (cc) “Tag” or “RFID tag” means the unique identification number or Radio Frequency Identification (RFID) issued to a licensee by the agency for tracking, identifying, and verifying marihuana plants, marihuana products, and packages of marihuana product in the statewide monitoring system. (dd) “Target analyte” means a non-marihuana inactive ingredient designated for analysis.

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(2) Terms defined in the acts have the same meanings when used in these rules unless otherwise indicated.

R 420.302 Adoption by reference. Rule 2. (1) The following codes, standards, or regulations of nationally recognized organizations or associations are adopted by reference in these rules: (a) AOAC International Official Methods of Analysis, 21st edition. Copies of the adopted provisions are available for inspection and distribution from AOAC International, 2275 Research Boulevard, Suite 300, Rockville, Maryland, 20850, telephone number 1-800-379-2622, for the price of $870.00. (b) National fire protection association (NFPA) standard 1, 2018 edition, entitled “Fire Code” is adopted by reference as part of these rules. Copies of the adopted provisions are available for inspection and distribution from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts, 02169, telephone number 1-800-344-3555, for the price of $106.00. (c) The International Organization for Standardization (ISO), ISO 22000 / ISO/TS 22002-1:2009 - food safety bundle, available for purchase at: https://webstore.ansi.org/Standards/ISO/ISO22000TS22002FoodSafety, for the price of $275.00. (d) International Organization for Standardization (ISO), ISO/IEC 17025:2017, general requirements for the competence of testing and calibration laboratories available at: https://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2fIEC+17025%3a2017, for the price of $162.00. (2) The standards adopted in subrule (1)(a) to (d) of this rule are available for inspection and distribution at the agency, located at 2407 North Grand River Avenue, Lansing, MI, 48906. Copies of these standards may be obtained from the agency at the cost indicated in subrule (1)(a) to (d) of this rule, plus shipping and handling.

R. 420.303 Batch; identification and testing. Rule 3. (1) A cultivator shall uniquely identify each immature plant batch with a single plant tag and record the information in the statewide monitoring system. Each immature plant batch must consist of no more than 100 immature plants. (2) A cultivator shall tag each individual plant that is greater than 8 inches in height from the growing or cultivating medium or more than 8 inches in width with an individual plant tag and record the identification information in the statewide monitoring system. (3) A cultivator shall separate the plants as the plants go through different growth stages and ensure that the plant tag is always identified with the plant throughout the growth span so that all plants can be easily identified and inspected. A cultivator shall ensure that identification information is recorded in the statewide monitoring system in accordance with the acts, the marihuana tracking act, and these rules. (4) After a tagged plant is harvested, it is part of a harvest batch so that a sample of the harvest batch can be tested by a licensed laboratory as provided in R 420.304 and R 420.305. A cultivator shall quarantine a harvest batch from other plants or batches that have test results pending. A harvest batch must be easily distinguishable from other harvest batches until the batch is broken down into packages. (5) Before the marihuana product leaves the cultivator, except as provided in subrule (6) of this rule, a sample of the harvest batch must be tested by a licensed laboratory as provided in R 420.304 and R 420.305. All test results must indicate passed in the statewide monitoring system before the marihuana is packaged. A marihuana product from harvest batches must not be transferred or sold until tested, packaged, and tagged as required under subrule (4) of this rule. A marihuana product from a harvest batch that fails safety testing may only be sold or transferred under the remediation protocol as provided in R 420.306. (6) A cultivator may transfer or sell marihuana to a producer without first being tested by a laboratory in order to produce fresh frozen, or if the marihuana product will be refined to a concentrate, with

42 2020 MR 10 – June 15, 2020 agency approval. After the producer has processed the material, the producer shall have the sample tested pursuant to R 420.304 and R 420.305. The agency may publish guidance for fresh frozen and concentrate production, transfer, and sale. (7) After test results show a passed test and the harvest batch is packaged, the cultivator shall destroy the individual plant tags. Each package must have a package tag attached. A cultivator shall ensure this information is placed in the statewide monitoring system in accordance with the acts, the marihuana tracking act, and these rules. (8) A cultivator shall not transfer or sell any marihuana product that has not been packaged with a package tag attached and recorded in the statewide monitoring system in accordance with the acts, the marihuana tracking act, and these rules. (9) After a producer receives or purchases a package in the statewide monitoring system, and the producer proceeds to process the marihuana product in accordance with the scope of a producer license, the acts, and these rules, the producer shall give the marihuana product a new package tag anytime the marihuana product changes form or is incorporated into something else. (10) After a package is created by a producer of the marihuana product in its final form, the producer shall have the sample tested pursuant to R 420.304 and R 420.305. The producer shall not transfer or sell a marihuana product to a marihuana sales location until after test results entered into the statewide monitoring system indicate a passed test. Nothing in this subsection prohibits a producer from transferring or selling a package in accordance with the remediation protocol provided by the agency and these rules. (11) A marihuana sales location may sell or transfer marihuana product only to a marihuana customer under both of the following conditions: (a) The marihuana product has received passing test results in the statewide monitoring system. (b) The marihuana product bears the label required for retail sale, under the acts and these rules.

R. 420.304 Sampling; testing. Rule 4. (1) A laboratory shall test samples as provided in the acts and these rules. (2) A laboratory shall collect samples of a marihuana product from another marihuana business, and that marihuana business shall allow the collection of samples for testing, according to the following requirements: (a) The laboratory shall physically sample the marihuana product from another marihuana business to be tested at the laboratory. A laboratory shall comply with all the following: (i) The laboratory shall ensure that samples of the marihuana product are identified in the statewide monitoring system and placed in secured, sealed containers that bear the labeling required under these rules. (ii) The route plan and manifest must be entered into the statewide monitoring system, and a copy must be carried in the transporting vehicle and presented to a law enforcement officer upon request. (iii) The marihuana must be transported in 1 or more sealed containers and not be accessible while in transit. (iv) The vehicle a laboratory is using to transport samples of marihuana product must not bear markings or other indication that it is carrying marihuana or a marihuana-infused product. (b) Except otherwise required by the agency, the laboratory shall collect a sample size that is sufficient to complete all required analyses, and not less than 0.5% of the weight of the harvest batch. Prior to September 1, 2020, the maximum harvest batch size is 15 pounds. From September 1, 2020, through December 31, 2020, the maximum harvest batch size is 20 pounds. From January 1, 2021 through March 31, 2021, the maximum harvest batch is 25 pounds. After March 31, 2021, the maximum harvest batch is 50 pounds. At least 50% of the sample taken must be homogenized for testing. The agency may publish sample sizes for other marihuana products being tested. The laboratory must develop a

43 2020 MR 10 – June 15, 2020 statistically valid sampling method to collect a representative sample from each batch of marijuana product. The laboratory must have access to the entire batch for the purposes of sampling. (c) An employee of the marihuana business from which marihuana product test samples are being taken shall be physically present to observe the laboratory employee collect the sample of marihuana product for testing and shall ensure that the sample increments are taken from throughout the batch. (d) An employee of a marihuana business shall neither assist the laboratory employee nor touch the marihuana product or the sampling equipment while the laboratory employee is obtaining the sample. (e) After samples have been selected, both the employee of the marihuana business and the employee from the laboratory shall sign and date the chain of custody form, attesting to the sample information below: (i) Marihuana product name. (ii) Weight of marihuana product. (iii) All marihuana products and samples are correctly identified in the statewide monitoring system. (iv) If the product test sample is obtained for a retest, the laboratory confirms that it is not accepting a product test sample that is prohibited from being retested. (f) The marihuana business shall enter in the statewide monitoring system the marihuana product test sample that is collected by a licensed laboratory, including the date and time the marihuana product is collected and transferred. The laboratory shall enter into the statewide monitoring system the test results within 3 business days of test completion. (g) If a testing sample is collected from a marihuana business for testing in the statewide monitoring system, that marihuana business shall quarantine the marihuana product that is undergoing the testing from any other marihuana product at the marihuana business. The quarantined marihuana product must not be packaged, transferred, or sold until passing test results are entered into the statewide monitoring system. (h) Any marihuana product that a laboratory collects for testing from a licensee under this rule must not be transferred or sold to any other marihuana business other than the licensee from whom the sample was collected. This provision does not apply to a laboratory who engages another laboratory to perform certain safety tests on a subcontracted basis. (i) A laboratory may collect additional sample material from the same licensee from which the original sample was collected for the purposes of completing the required safety tests as long as the requirements of this rule are met. (j) The agency may publish guidance that shall be followed by marihuana businesses for chain of custody documentation.

R. 420.305 Testing; laboratory requirements. Rule 5. (1) A laboratory shall do all of the following: (a) Become fully accredited to the International Organization for Standardization (ISO), ISO/IEC 17025:2017 by an International Laboratory Accreditation Cooperation (ILAC) recognized accreditation body or by an entity approved by the agency within 1 year after the date the laboratory license is issued and agree to have the inspections and reports of the International Organization for Standardization made available to the agency. (b) Maintain internal standard operating procedures for the required safety tests in subrule (3) of this rule and for sampling of marihuana and marihuana products that conform to ISO/IEC 17025:2017 standards and have been approved by the agency. (c) Maintain a quality control and quality assurance program that conforms to ISO/IEC 17025:2017 standards and meets the requirements established by the agency. (2) A laboratory shall use analytical testing methodologies for the required safety tests in subrule (3) of this rule that are validated by an independent third party and may be monitored on an ongoing basis by

44 2020 MR 10 – June 15, 2020 the agency or a third party. In the absence of reference to compendia or published methods, Appendix K of Official Methods of Analysis authored by the Association of Official Analytical Chemists must be published in full. The agency shall approve the validated methodology used by the laboratory and confirm that it produces scientifically accurate results for each safety test it conducts. (3) A laboratory shall conduct the required safety tests specified in subdivisions (a) to (i) of this subrule on marihuana product that is part of the harvest batch as specified in R 420.303, except as provided in subrule (4). After the testing on the harvest batch is completed, the agency may publish a guide indicating which of the following safety tests are required based on product type when the marihuana product has changed form: (a) Potency analysis performed just as the marihuana product is without any corrective factor taken for moisture content that includes concentrations of the following: (i) Tetrahydrocannabinol (THC). (ii) Tetrahydrocannabinol acid (THC-A). (iii) Cannabidiol (CBD). (iv) Cannabidiol acid (CBD-A). (v) Additional cannabinoids, which may be tested with approval from the agency. (b) Foreign matter inspection. (c) Microbial screening. (d) Chemical residue testing that includes all of the following: (i) Pesticides. (ii) Fungicides. (iii) Insecticides. (e) Heavy metals testing as required in this rule. (f) Residual solvents. The agency shall publish a list of required residual solvents to be tested for and their action limits. (g) Water activity. (h) Under the medical marihuana facilities licensing act, mycotoxin screening if requested by the agency. (i) Target analytes if requested by the agency. The agency shall publish a list of required target analytes to be tested for and their LOQs. (4) All marihuana producers may become certified to GMP by an ISO 17065 accreditation body. This accreditation may enable the licensee certain allowances with testing. The agency will publish those allowances and information on how to obtain approval for allowances. The standard used for certification for GMP must be American National Standards Institute (ANSI) accredited or equivalent. (5) All marihuana cultivators may become certified to GACP-GMP by an accrediting body. This accreditation may enable the licensee certain allowances with testing. The agency will publish these allowances and information on how to obtain approval for allowances. The standard used for certification for GACP-GMP must be World Health Organization and American Herbal Products Association or equivalent. (6) Except as otherwise provided in 420.306, if a sample collected pursuant to R 420.304 or provided to a laboratory pursuant to these rules does not pass the required safety tests, the marihuana business that provided the sample shall dispose of the entire batch from which the sample was taken and document the disposal of the sample using the statewide monitoring system pursuant to the acts and these rules. (7) A laboratory shall conduct residual solvent testing on batches of marihuana concentrates and marihuana-infused products. The agency shall publish a list of required residual solvents to be tested for and their action limits. (8) A laboratory shall maintain any marihuana samples for at least 30 days after test completion and dispose of the resulting waste in accordance with R 420.209.

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(9) Potency shall include the following cannabinoid concentrations listed in subdivisions (a) to (f), subject to subdivisions (g) and (h): (a) THC concentration. (b) THC-A concentration. (c) Total THC. The following calculation must be used for calculating Total THC, where M is the mass or mass fraction of delta-9 THC or delta-9 THC-A: M total delta-9 THC = M delta-9 THC + 0.877 x M delta-9 THC-A. (d) CBD concentration. (e) CBD-A concentration. (f) Total CBD. The following calculation must be used for calculating Total CBD, where M is the mass or mass fraction of CBD and CBD-A: M total CBD = M CBD + 0.877 x M CBD-A. (g) For marihuana and marihuana concentrates total THC and total CBD must be reported in percentages. (h) For marihuana infused products potency must be reported as Delta-9-THC and CBD in milligrams (mg) per serving under MRTMA and in milligrams (mg) per dose under MMFLA. (10) The agency shall publish a list of action limits for the required safety tests in subrule (3) of this rule, except for potency. A marihuana sample with a value that exceeds the published action limit is considered to be a failed sample. A marihuana sample that is at or below the action limit is considered to be a passing sample. (11) For the purposes of chemical residue testing and target analyte testing, the agency shall publish a list of quantification levels. Any result that exceeds the active limit is a failed sample. (12) If a sample provided to a laboratory pursuant to this rule and R 420.304 passes the safety tests required under subrule (3) of this rule, the laboratory shall enter the information in the statewide monitoring system of passed test results within 3 business days of test completion. Passed test results must be in the statewide monitoring system for a batch to be released for immediate processing, packaging, and labeling for transfer or sale in accordance with the acts and these rules. (13) A laboratory shall enter the results into the statewide monitoring system and file with the agency within 3 business days of test completion. (14) The agency shall establish a proficiency testing program and designate laboratory participation. All laboratories must participate in the program. A laboratory shall analyze proficiency test samples using the same procedures with the same number of replicate analyses, standards, testing analysts, and equipment as used for marihuana product testing. A laboratory shall successfully analyze a set of proficiency testing samples not less than annually. A laboratory shall have annual proficiency testing submitted directly to the agency from the proficiency testing vendor for review. The agency will not accept copies. All failed proficiency tests must include corrective action documentation and an additional acceptable proficiency test. Proficiency test results must be conveyed as numerical accuracy percentages, not simply as PASS/FAIL results. Actual PASS/FAIL results must be calculated based on accuracy thresholds generated by reproducibility studies specific to each assay. (15) The agency shall take immediate disciplinary action against any laboratory that falsifies records or does not comply with the provisions of this rule, including sanctions or fines, or both. (16) A laboratory shall not do any of the following: (a) Desiccate samples. (b) Pre-test samples. (17) A laboratory shall comply with random quality assurance compliance checks upon the request of the agency. The agency or its authorized agents may collect a random sample of a marihuana product from a laboratory or designate another laboratory to collect a random sample of a marihuana product in a secure manner to test that sample for compliance pursuant to these rules.

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(18) A laboratory may perform terpene analysis on a marihuana product by a method approved by the agency. There are no established safety standards for this analysis. (19) A laboratory shall comply with investigations to ensure the health and safety of the public. At the request of the agency, a laboratory may be requested to perform testing as part of an investigation. (20) Under the medical marihuana facilities licensing act, the agency may request mycotoxin testing. A marihuana sample with a value that exceeds the published acceptable level is considered to be a failed sample. A marihuana sample that is below the acceptable value is considered to be a passing sample.

R. 420.306 Testing marihuana product after failed initial safety testing and remediation. Rule 6. (1) A laboratory may test marihuana product that has failed initial safety testing, except as indicated under subrule (3) of this rule. (2) A failed marihuana product must pass 2 separate tests with new samples consecutively to be eligible to proceed to sale or transfer. (3) The agency may publish a remediation protocol including, but not limited to, the sale or transfer of marihuana product after a failed safety test as provided in these rules. (4) The marihuana business that provided the sample is responsible for all costs involved in a retest.

R. 420.307 Research and development testing. Rule 7. (1) As used in this rule, “research and development testing” means optional testing performed before final compliance testing. (2) Except for R 420.304(2)(b), when performing research and development testing, the laboratory must comply with these rules. (3) Punitive action shall not be taken against a marihuana business for conducting research and development testing. (4) The agency may publish guidance for research and development testing that must be followed by all marihuana businesses. (5) All research and development testing must be entered into the statewide monitoring system.

R 420.308 Severability. Rule 8. If any rule or subrule of these rules, in whole or in part, is found to be invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining portion of these rules.

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MICHIGAN ADMINISTRATIVE CODE TABLE (2020 SESSION)

MCL 24.208 states in part:

“Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * *

“(2) The office of regulatory reform shall publish a cumulative index for the Michigan register.”

The following table cites administrative rules promulgated during the year 2020, and indicates the effect of these rules on the Michigan Administrative Code (1979 ed.).

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MICHIGAN ADMINISTRATIVE CODE TABLE (2020 RULE FILINGS)

2020 2020 2020 MR MR MR R Number Action Issue R Number Action Issue R Number Action Issue Rule 1 E 3 38.132 * 3 285.629.6 A 7 Rule 2 E 3 38.133 * 3 285.629.7 A 7 Rule 3 E 3 38.135 * 3 285.629.8 A 7 Rule 4 E 3 38.139 R 3 325.1001 R 4 Rule 5 E 3 38.141 * 3 325.1002 R 4 Rule 6 E 3 38.142 * 3 325.1003 R 4 Rule 7 E 3 38.143 * 3 325.1004 R 4 Rule 8 E 3 38.144 R 3 325.1005 R 4 Rule 9 E 3 38.145 * 3 325.1021 R 4 Rule 1 E 5 38.146 * 3 325.1022 R 4 Rule 2 E 5 38.147 * 3 325.1023 R 4 Rule 3 E 5 38.148 * 3 325.1024 R 4 Rule 4 E 5 38.149 * 3 325.1025 R 4 Rule 5 E 5 38.151 * 3 325.1026 R 4 Rule 6 E 5 38.152 * 3 325.1027 R 4 Rule 7 E 5 38.153 * 3 325.1028 R 4 Rule 8 E 5 38.155 * 3 325.1051 R 4 Rule 1 E 5 38.156 * 3 325.1052 R 4 Rule 2 E 5 38.157 * 3 325.1053 R 4 Rule 1 E 6 38.161 * 3 325.1054 R 4 Rule 2 E 6 38.162 * 3 325.1055 R 4 Rule 3 E 6 38.163 R 3 325.1056 R 4 Rule 1 E 6 38.165 R 3 325.1057 R 4 Rule 1 E 10 38.171 R 3 325.1058 R 4 Rule 2 E 10 38.172 * 3 325.1059 R 4 Rule 1 E 10 38.173 * 3 325.1071 R 4 Rule 2 E 10 38.174 * 3 325.1081 R 4 Rule 3 E 10 38.175 * 3 325.1100 R 4 Rule 4 E 10 38.176 * 3 325.1213 R 4 Rule 5 E 10 38.177 * 3 325.1214 R 4 Rule 1 E 10 38.179 * 3 325.1215 R 4 Rule 2 E 10 205.141 A 3 325.1216 R 4 Rule 3 E 10 205.150 A 3 325.1217 R 4 Rule 4 E 10 205.151 A 3 325.1281 R 4 Rule 5 E 10 285.629.1 A 7 325.1282 R 4 Rule 6 E 10 285.629.2 A 7 325.3801 R 4 Rule 1 E 10 285.629.3 A 7 325.3802 R 4 Rule 2 E 10 285.629.4 A 7 325.3803 R 4 38.131 * 3 285.629.5 A 7 325.3811 R 4 (* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

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2020 2020 2020 MR MR MR R Number Action Issue R Number Action Issue R Number Action Issue 325.3812 R 4 325.3871 R 4 325.13505 R 4 325.3813 R 4 325.3872 R 4 325.13507 R 4 325.3815 R 4 325.3873 R 4 325.13509 R 4 325.3816 R 4 325.3874 R 4 325.13511 R 4 325.3820 R 4 325.3877 R 4 325.13513 R 4 325.3822 R 4 325.9081 * 3 325.13515 R 4 325.3825 R 4 325.9082 * 3 325.13517 R 4 325.3826 R 4 325.9083 * 3 325.13519 R 4 325.3827 R 4 325.9084 * 3 325.13521 R 4 325.3828 R 4 325.9085 * 3 325.13523 R 4 325.3831 R 4 325.9086 * 3 325.13525 R 4 325.3832 R 4 325.13101 R 4 325.13527 R 4 325.3833 R 4 325.13102 R 4 325.13529 R 4 325.3834 R 4 325.13104 R 4 325.13531 R 4 325.3835 R 4 325.13105 R 4 325.13533 R 4 325.3836 R 4 325.13106 R 4 325.13535 R 4 325.3837 R 4 325.13107 R 4 325.13537 R 4 325.3838 R 4 325.13108 R 4 325.13539 R 4 325.3839 R 4 325.13109 R 4 325.13541 R 4 325.3840 R 4 325.13111 R 4 325.20101 R 4 325.3841 R 4 325.13112 R 4 325.20102 R 4 325.3842 R 4 325.13201 R 4 325.20103 R 4 325.3843 R 4 325.13203 R 4 325.20104 R 4 325.3844 R 4 325.13204 R 4 325.20106 R 4 325.3845 R 4 325.13205 R 4 325.20107 R 4 325.3846 R 4 325.13207 R 4 325.20108 R 4 325.3847 R 4 325.13208 R 4 325.20109 R 4 325.3848 R 4 325.13211 R 4 325.20110 R 4 325.3855 R 4 325.13213 R 4 325.20111 R 4 325.3856 R 4 325.13301 R 4 325.20112 R 4 325.3857 R 4 325.13302 R 4 325.20113 R 4 325.3858 R 4 325.13304 R 4 325.20114 R 4 325.3859 R 4 325.13305 R 4 325.20115 R 4 325.3860 R 4 325.13306 R 4 325.20116 R 4 325.3866 R 4 325.13307 R 4 325.20117 R 4 325.3867 R 4 325.13308 R 4 325.20201 R 4 325.3868 R 4 325.13309 R 4 325.20202 R 4 325.3868a R 4 325.13501 R 4 325.20203 R 4 325.3869 R 4 325.13503 R 4 325.20204 R 4 (* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

50 2020 MR 10 – June 15, 2020

2020 2020 2020 MR MR MR R Number Action Issue R Number Action Issue R Number Action Issue 325.20205 R 4 325.20703 R 4 325.21305 R 4 325.20206 R 4 325.20704 R 4 325.21306 R 4 325.20207 R 4 325.20705 R 4 325.21307 R 4 325.20208 R 4 325.20706 R 4 325.21308 R 4 325.20209 R 4 325.20707 R 4 325.21309 R 4 325.20210 R 4 325.20708 R 4 325.21310 R 4 325.20211 R 4 325.20709 R 4 325.21311 R 4 325.20212 R 4 325.20710 R 4 325.21312 R 4 325.20213 R 4 325.20711 R 4 325.21313 R 4 325.20214 R 4 325.20712 R 4 325.21314 R 4 325.20215 R 4 325.20713 R 4 325.21315 R 4 325.20301 R 4 325.20714 R 4 325.21316 R 4 325.20302 R 4 325.20801 R 4 325.21317 R 4 325.20303 R 4 325.20802 R 4 325.21318 R 4 325.20304 R 4 325.20803 R 4 325.21319 R 4 325.20401 R 4 325.20804 R 4 325.21320 R 4 325.20402 R 4 325.20805 R 4 325.21321 R 4 325.20403 R 4 325.20806 R 4 325.21322 R 4 325.20404 R 4 325.20901 R 4 325.21323 R 4 325.20405 R 4 325.20902 R 4 325.21324 R 4 325.20406 R 4 325.20903 R 4 325.21325 R 4 325.20407 R 4 325.20904 R 4 325.21326 R 4 325.20501 R 4 325.20905 R 4 325.21327 R 4 325.20502 R 4 325.20906 R 4 325.21328 R 4 325.20503 R 4 325.21001 R 4 325.21401 R 4 325.20504 R 4 325.21002 R 4 325.21402 R 4 325.20505 R 4 325.21003 R 4 325.21403 R 4 325.20506 R 4 325.21101 R 4 325.21404 R 4 325.20507 R 4 325.21102 R 4 325.21405 R 4 325.20508 R 4 325.21103 R 4 325.21406 R 4 325.20509 R 4 325.21104 R 4 325.21407 R 4 325.20601 R 4 325.21105 R 4 325.21408 R 4 325.20602 R 4 325.21201 R 4 325.21409 R 4 325.20603 R 4 325.21203 R 4 325.21410 R 4 325.20604 R 4 325.21204 R 4 325.21411 R 4 325.20605 R 4 325.21301 R 4 325.21501 R 4 325.20606 R 4 325.21302 R 4 325.21502 R 4 325.20701 R 4 325.21303 R 4 325.21503 R 4 325.20702 R 4 325.21304 R 4 325.21504 R 4 (* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

51 2020 MR 10 – June 15, 2020

2020 2020 2020 MR MR MR R Number Action Issue R Number Action Issue R Number Action Issue 325.21505 R 4 325.21920 R 4 325.45161 A 4 325.21506 R 4 325.21921 R 4 32545163 A 4 325.21507 R 4 325.21922 R 4 325.45165 A 4 325.21508 R 4 325.22001 R 4 325.45167 A 4 325.21509 R 4 325.22002 R 4 325.45169 A 4 325.21510 R 4 325.22003 R 4 325.45171 A 4 325.21511 R 4 325.22003a R 4 325.45173 A 4 325.21512 R 4 325.22004 R 4 325.45175 A 4 325.21514 R 4 325.45101 A 4 325.45177 A 4 325.21515 R 4 325.45102 A 4 325.45179 A 4 325.21601 R 4 325.45103 A 4 325.45181 A 4 325.21602 R 4 325.45105 A 4 325.45183 A 4 325.21603 R 4 325.45107 A 4 325.45185 A 4 325.21604 R 4 325.45109 A 4 325.45191 A 4 325.21605 R 4 325.45111 A 4 325.45193 A 4 325.21701 R 4 325.45113 A 4 325.45195 A 4 325.21702 R 4 325.45115 A 4 325.45197 A 4 325.21703 R 4 325.45117 A 4 325.45199 A 4 325.21704 R 4 325.45119 A 4 325.45201 A 4 325.21705 R 4 325.45121 A 4 325.45203 A 4 325.21901 R 4 325.45123 A 4 325.45205 A 4 325.21902 R 4 325.45125 A 4 325.45207 A 4 325.21903 R 4 325.45127 A 4 325.45211 A 4 325.21904 R 4 325.45129 A 4 325.45213 A 4 325.21905 R 4 325.45131 A 4 325.45215 A 4 325.21906 R 4 325.45133 A 4 325.45217 A 4 325.21907 R 4 325.45135 A 4 325.45219 A 4 325.21908 R 4 325.45137 A 4 325.45221 A 4 325.21909 R 4 325.45139 A 4 325.45231 A 4 325.21910 R 4 325.45141 A 4 325.45241 A 4 325.21911 R 4 325.45143 A 4 325.45243 A 4 325.21912 R 4 325.45145 A 4 325.45245 A 4 325.21913 R 4 325.45147 A 4 325.45247 A 4 325.21914 R 4 325.45149 A 4 325.45249 A 4 325.21915 R 4 325.45151 A 4 325.45251 A 4 325.21916 R 4 325.45153 A 4 325.45261 A 4 325.21917 R 4 325.45155 A 4 325.45263 A 4 325.21918 R 4 325.45157 A 4 325.45265 A 4 325.21919 R 4 325.45159 A 4 325.45267 A 4 (* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

52 2020 MR 10 – June 15, 2020

2020 2020 2020 MR MR MR R Number Action Issue R Number Action Issue R Number Action Issue 325.45269 A 4 325.45353 A 4 338.1031 * 7 325.45271 A 4 325.45355 A 4 338.10310a * 7 325.45273 A 4 325.45357 A 4 338.10312 * 7 325.45275 A 4 325.45359 A 4 338.10404c * 7 325.45277 A 4 325.45361 A 4 338.10601 * 7 325.45279 A 4 325.45363 A 4 338.10602 * 7 325.45281 A 4 325.45365 A 4 338.10702 * 7 325.45283 A 4 325.45367 A 4 338.10703 * 7 325.45285 A 4 325.45369 A 4 338.10704 * 7 325.45287 A 4 325.45371 A 4 338.10705 * 7 325.45289 A 4 325.45373 A 4 340.1701 * 3 325.45291 A 4 325.45375 A 4 340.1701a * 3 325.45293 A 4 325.45377 A 4 340.1721e * 3 325.45295 A 4 325.45379 A 4 340.1724f * 3 325.45297 A 4 325.45381 A 4 340.1724h * 3 325.45299 A 4 325.45383 A 4 340.1725e * 3 325.45301 A 4 325.45385 A 4 340.1795 * 10 325.45303 A 4 325.63201 A 11 340.1836 * 3 325.45305 A 4 325.64001 A 11 340.1851 * 3 325.45307 A 4 338.10105 * 7 400.2001 * 10 325.45309 A 4 338.10202 * 7 400.2002 * 10 325.45311 A 4 338.10204 * 7 400.2003 * 10 325.45313 A 4 338.10206 * 7 400.2004 * 10 325.45315 A 4 338.10207 * 7 400.2005 R 10 325.45317 A 4 338.10210 * 7 400.2006 * 10 325.45319 A 4 338.10211 * 7 400.2007 * 10 325.45321 A 4 338.10301 * 7 400.2008 * 10 325.45323 A 4 338.10303 * 7 400.2009 * 10 325.45331 A 4 338.10303a * 7 400.2010 * 10 325.45333 A 4 338.10303b * 7 400.2021 * 10 325.45335 A 4 338.101303c * 7 400.2022 * 10 325.45337 A 4 338.10303d * 7 400.2023 * 10 325.45339 A 4 338.10304 * 7 400.2024 * 10 325.45341 A 4 338.10305 * 7 400.2028 * 10 325.45343 A 4 338.10305a * 7 400.2031 * 10 325.45345 A 4 338.10305b * 7 400.2041 * 10 325.45347 A 4 338.10305c * 7 400.2044 * 10 325.45349 A 4 338.10307 * 7 400.2045 R 10 325.45351 A 4 338.10309 * 7 400.2048 * 10 (* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

53 2020 MR 10 – June 15, 2020

2020 MR R Number Action Issue 400.2049 * 10 400.4101 * 10 400.4159 * 10 400.10101 * 11 400.10177 * 11 408.3901 R 7 408.3902 R 7 408.3903 R 7 408.3904 R 7 408.3905 R 7 408.3906 R 7 408.3907 R 7 408.3911 R 7 493.1 * 11 493.5 R 11 493.10 R 11 493.11 * 11 493.12 * 11 493.14 * 11 493.15 * 11 493.16 * 11 493.20 * 11 493.22 A 11 493.24 A 11 493.95 R 11 (* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

54 2020 MR 10 – June 15, 2020

CUMULATIVE INDEX

AGRICULTURE AND RURAL DEVELOPMENT, DEPARTMENT OF Seed Potatoes (2020-7)

ATTORNEY GENERAL, DEPARTMENT OF Opinions Prohibiting firearms on the Capitol grounds and inside the Capitol building OAG Opinion No. 7311 (2020-9)

EDUCATION, DEPARTMENT OF Teacher Tenure General Rules (2020-3) Special Education Programs and Services (2020-3) (2020-10)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF Emergency Rule Creating A Schedule of Fines for Violation of April 1, 2020 Emergency Order Regarding Executive Orders 2020-11, 2020-20, And 2020-21 (2020-6) Creating A Schedule of Fines for Violation of May 26, 2020 (2020-10) Covid-19 To Definition Section Of “Infectious Agents”(2020-10)

Blood Lead Analysis Reporting (2020-3) Child Care Fund (2020-10) Child Caring Institutions (2020-10)

55 2020 MR 10 – June 15, 2020

INSURANCE AND FINANCIAL SERVICES, DEPARTMENT OF Debt Management (2020-3*) Utilization Review (2020-5*)

LABOR AND ECONOMIC OPPORTUNITY, DEPARTMENT OF Emergency Rule Worker's Disability Compensation Agency First Responders (2020-5) Worker's Disability Compensation Agency First Responders (2020-6)

Construction Safety and Health Standard Part 640. Beryllium in Construction (2020-6*) Construction Safety and health Standard Part 632 Hazardous Waste Operations and Emergency Response (2020-7*)

LICENSING AND REGULATORY AFFAIRS, DEPARTMENT OF Correction Board of Midwifery (2020-3) Licensing Health Facilities or Agencies (2020-4) Licensing Rules for Family and Group Child Care Homes (2020-1) Licensing Rules for Child Care Centers (2020-2)

Other Official Information Marihuana Licensees (2020-10) Marihuana Sampling and Testing (2020-10)

Board of Nursing – General Rules (2020-7) Complaints (2020-4) Freestanding Surgical Outpatient Facilities (2020-4) Hospice Licensure Rules (2020-4) Licensing Health Facilities or Agencies (2020-4) Marihuana Licenses (2020-1*) Marihuana Licensees (2020-1*) Marihuana Operations (2020-1*) Marihuana Sampling and Testing (2020-1*) Marihuana Infused Products and Edible Marihuana Product (2020-1*) Marihuana Sale or Transfer (2020-1*) Marihuana Employees (2020-1*) Marihuana Hearings (2020-1*) Marihuana Disciplinary Proceedings (2020-1*) Industrial Hemp Rule for Marihuana Businesses (2020-1*) Medical Marihuana Facilities (2020-1*) Minimum Standards for Hospitals (2020-4) Nursing Homes and Nursing Care Facilities (2020-4)

56 2020 MR 10 – June 15, 2020

Occupational Code Renewals (2020-8*) Public Health Code--General Rules (2020-8*) Public Inspection of License Records (2020-4) Responsibilities of Providers of Basic Local Exchange (2020-9*) Sanitarians Registration - General Rules (2020-8*)

TREASURY, DEPARTMENT OF General Sales and Use Tax Rules (2020-3) Taxation of Adult-Use Marihuana Rules (2020-3)

57 2020 MR 10 – June 15, 2020

ADMINISTRATIVE RULES ENROLLED SENATE AND HOUSE BILLS SIGNED INTO LAW OR VETOED (2020 SESSION)

Mich. Const. Art. IV, §33 provides: “Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have 14 days measured in hours and minutes from the time of presentation in which to consider it. If he approves, he shall within that time sign and file it with the secretary of state and it shall become law . . . If he does not approve, and the legislature has within that time finally adjourned the session at which the bill was passed, it shall not become law. If he disapproves . . . he shall return it within such 14-day period with his objections, to the house in which it originated.”

Mich. Const. Art. IV, §27, further provides: “No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.”

MCL 24.208 states in part:

“Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * *

(b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills signed into law by the governor during the calendar year and the corresponding public act numbers.

(c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills vetoed by the governor during the calendar year.”

58 2020 Michigan Public Acts Table Legislative Service Bureau Legal Division, Statutory Compiling and Law Publications Unit June 10, 2020 124 W. Allegan, Lansing, MI 48909 Compiled through PA 85 of 2020

PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0001 0322 Yes 1/24/2020 1/27/2020 1/27/2020 # Counties; boards and commissions; transfer of functions of a county road commission to the county board of commissioners; remove sunset. (Sen. Roger Victory)

0002 0323 Yes 1/24/2020 1/27/2020 1/27/2020 # Counties; boards and commissions; powers and duties of county road commissioners to be exercised by the county board of commissioners; remove sunset, and require a vote of the electors before transferring powers and duties of an elected county road commission to an appointed county road commission. (Sen. Roger Victory)

0003 0319 Yes 1/24/2020 1/27/2020 1/27/2020 Economic development; neighborhood enterprise zones; definition of rehabilitated facility; modify. (Sen. Jeremy Moss)

0004 0340 Yes 1/24/2020 1/27/2020 4/26/2020 Health; pharmaceuticals; remote pharmacies; allow under certain circumstances. (Sen. Curtis S. VanderWall)

0005 0309 Yes 1/24/2020 1/27/2020 1/27/2020 Transportation; other; trucks used for towing and recovery operations; assess fees under the motor carrier act. (Sen. Dale W. Zorn)

0006 0466 Yes 1/24/2020 1/27/2020 1/27/2020 # Children; services; family first prevention services act; implement a qualified residential treatment program. (Sen. John Bizon, M.D.)

0007 0467 Yes 1/24/2020 1/27/2020 1/27/2020 # Children; foster care; regulation of foster family homes or foster family group homes; modify. (Sen. Marshall Bullock)

0008 0468 Yes 1/24/2020 1/27/2020 1/27/2020 # Children; services; placement in a qualified residential treatment program; provide regulations for. (Sen. John Bizon, M.D.)

* - I.E. means Legislature voted to give the Act immediate effect. ** - Act takes effect on the 91st day after sine die adjournment of the Legislature. *** - See Act for applicable effective date. + - Line item veto. ++ - Pocket veto. # - Tie bar.

© 2020 Legislative Council, State of Michigan. All rights reserved. Page 1 PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0009 0469 Yes 1/24/2020 1/27/2020 1/27/2020 # Children; services; court's approval or disapproval of a qualified residential treatment placement at certain hearings; require. (Sen. Marshall Bullock)

0010 0539 Yes 1/24/2020 1/27/2020 1/27/2020 # Human services; children's services; criminal history check for child caring institution staff and retention of certain data; update as required by the federal families first prevention services act. (Sen. John Bizon, M.D.)

0011 0527 Yes 1/24/2020 1/27/2020 1/27/2020 Highways; memorial; Beacon Boulevard in Grand Haven; designate as the "Officer Scott Flahive Memorial Highway". (Sen. Roger Victory)

0012 4051 Yes 1/27/2020 1/27/2020 4/26/2020 Mental health; other; Michigan CARES hotline; create. (Rep. Mary Whiteford)

0013 4411 Yes 1/27/2020 1/27/2020 4/26/2020 Consumer credit; other; credit services protection act; modify exceptions to prohibited conduct provision. (Rep. Jim Lilly)

0014 4309 Yes 1/27/2020 1/27/2020 1/27/2020 Criminal procedure; sentencing guidelines; guidelines for violation of the fantasy contests consumer protection act; enact. (Rep. Michael Webber)

0015 5241 Yes 1/27/2020 1/27/2020 1/27/2020 Insurance; insurers; exemption relating to requirements for a valuation manual; eliminate. (Rep. Daire Rendon)

0016 5242 Yes 1/27/2020 1/27/2020 1/27/2020 Insurance; other; authority of the director of department of insurance and financial services to regulate holding companies; expand. (Rep. Robert Wittenberg)

0017 5243 Yes 1/27/2020 1/27/2020 1/27/2020 Insurance; other; annual audited financial requirements; modify. (Rep. Brad Paquette)

0018 4156 Yes 1/27/2020 1/27/2020 1/27/2020 Retirement; state employees; retired psychiatric health care workers to provide services at facilities operated by the department of health and human services; allow under certain circumstances without forfeiting retirement benefits. (Rep. Hank Vaupel)

© 2020 Legislative Council, State of Michigan. All rights reserved. Page 2 PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0019 0184 Yes 1/27/2020 1/27/2020 1/27/2020 Health occupations; health professionals; continuing education hours and licensing requirements for athletic trainers and requirements to act as a behavior technician; modify. (Sen. Curtis S. VanderWall)

0020 0434 Yes 1/27/2020 1/27/2020 4/26/2020 Occupations; cosmetologists; licensure of mobile cosmetology units; provide for, and make general revisions. (Sen. Aric Nesbitt)

0021 4245 Yes 1/27/2020 1/27/2020 1/27/2020 Appropriations; zero budget; supplemental appropriations; provide for fiscal year 2018-2019. (Rep. Shane Hernandez)

0022 0650 Yes 1/31/2020 1/31/2020 1/31/2020 School aid; membership; utilization by certain districts of a teacher of record for dropout recovery program who is employed or contracted through education management organization; allow without certain limitation. (Sen. Lana Theis)

0023 0651 Yes 1/31/2020 1/31/2020 1/31/2020 Education; other; certain requirements and exemptions related to dropout recovery programs; provide for. (Sen. Jeremy Moss)

0024 4620 Yes 2/4/2020 2/4/2020 2/4/2020 # Liquor; licenses; issuance of special license to conduct spirits tasting; provide for. (Rep. Brandt Iden)

0025 4621 Yes 2/4/2020 2/4/2020 2/4/2020 Liquor; licenses; vendor of spirits providing a special licensee with certain brand logoed items; allow. (Rep. Jack O'Malley)

0026 0588 Yes 2/4/2020 2/4/2020 2/4/2020 Liquor; spirits; refunds for spirits sold by a specially designated distributor; allow. (Sen. Jeremy Moss)

0027 4335 Yes 2/4/2020 2/4/2020 5/4/2020 Occupations; barbers; education and training requirements for cosmetology and barber licensing; revise. (Rep. Jeff Yaroch)

0028 0455 Yes 2/13/2020 2/13/2020 2/13/2020 Property tax; exemptions; certain property located in a renaissance zone; modify exemption for. (Sen. Jim Stamas)

© 2020 Legislative Council, State of Michigan. All rights reserved. Page 3 PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0029 5187 Yes 2/13/2020 2/13/2020 2/13/2020 Sales tax; exemptions; reimbursement of revenue lost to school aid fund as result of certain exemptions; provide for. (Rep. Rebekah Warren)

0030 5188 Yes 2/13/2020 2/13/2020 2/13/2020 Use tax; exemptions; reimbursement of revenue lost to school aid fund as result of certain exemptions; provide for. (Rep. Mark Huizenga)

0031 4126 Yes 2/19/2020 2/20/2020 2/20/2020 Marihuana; other; requirement for health warning labels on marihuana products sold in Michigan; provide for. (Rep. Thomas Albert)

0032 4127 Yes 2/19/2020 2/20/2020 2/20/2020 Medical marihuana; other; requirement for health warning labels on medical marihuana products sold in Michigan; provide for. (Rep. Daire Rendon)

0033 5124 Yes 3/2/2020 3/2/2020 3/2/2020 Property tax; delinquent taxes; provisions for reducing redemption amounts; modify. (Rep. Wendell Byrd)

0034 5263 Yes 3/3/2020 3/3/2020 3/3/2020 Communications; telecommunications; lifeline program; modify. (Rep. Aaron Miller)

0035 4830 Yes 3/3/2020 3/3/2020 3/3/2020 Health facilities; quality assurance assessments; quality assurance assessment on ambulance providers; require department of health and human services to provide notice of the assessment. (Rep. Andrea Schroeder)

0036 4468 Yes 3/3/2020 3/3/2020 3/3/2020 Civil rights; public records; method of correspondence used for freedom of information requests; modify. (Rep. Steven Johnson)

0037 4444 Yes 3/3/2020 3/3/2020 3/3/2020 Civil rights; public records; publication by electronic means; allow. (Rep. Steven Johnson)

0038 4445 Yes 3/3/2020 3/3/2020 3/3/2020 Civil rights; public records; fee for public record provided on nonpaper physical media; clarify scope of nonpaper physical media. (Rep. Brandt Iden)

© 2020 Legislative Council, State of Michigan. All rights reserved. Page 4 PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0039 4912 Yes 3/3/2020 3/3/2020 3/3/2020 Liquor; licenses; sale of alcoholic beverages at university conference centers; expand. (Rep. Roger Hauck)

0040 4128 Yes 3/3/2020 3/3/2020 6/1/2020 Courts; probate court; parental consent required for name change; modify under certain circumstances. (Rep. Aaron Miller)

0041 4832 Yes 3/3/2020 3/3/2020 3/3/2020 Highways; memorial; portion of I-94; designate as the "Deputy Gate Keeper George W. Haight Memorial Highway". (Rep. Sarah Lightner)

0042 5117 Yes 3/3/2020 3/3/2020 3/3/2020 # Civil procedure; other; court of claims notification requirements; exempt claims under the wrongful imprisonment compensation act. (Rep. Kyra Bolden)

0043 5118 Yes 3/3/2020 3/3/2020 3/3/2020 # Civil procedure; other; wrongful imprisonment compensation act; extend the time for claims by individuals who were released before the effective date of the act. (Rep. Julie Calley)

0044 0068 Yes 3/3/2020 3/3/2020 3/3/2020 # Civil procedure; other; court of claims statute of limitations; exempt claims under the wrongful imprisonment compensation act. (Sen. Paul Wojno)

0045 4689 Yes 3/3/2020 3/3/2020 6/1/2020 Construction; other; temporary door barricade devices in school buildings; allow, and provide standards. (Rep. Scott VanSingel)

0046 4203 Yes 3/3/2020 3/3/2020 3/3/2020 Sales tax; exemptions; exemption for prosthetic devices; modify definition. (Rep. Lynn Afendoulis)

0047 4204 Yes 3/3/2020 3/3/2020 3/3/2020 Use tax; exemptions; exemption for prosthetic devices; modify definition. (Rep. Bronna Kahle)

0048 4862 Yes 3/3/2020 3/3/2020 6/1/2020 Health; emergency services; critical incident stress management services for emergency service providers; revise to include certain health professionals and individuals employed by or under contract with a health facility or agency. (Rep. Douglas Wozniak)

© 2020 Legislative Council, State of Michigan. All rights reserved. Page 5 PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0049 0029 Yes 3/3/2020 3/3/2020 6/1/2020 Crimes; penalties; penalties for third degree and fourth degree child abuse; modify. (Sen. Peter J. Lucido)

0050 0030 Yes 3/3/2020 3/3/2020 6/1/2020 # Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of third degree and fourth degree child abuse; modify. (Sen. Peter J. Lucido)

0051 0118 Yes 3/3/2020 3/3/2020 3/3/2020 Vehicles; registration plates; blue star family registration plates; create. (Sen. Kevin Daley)

0052 0693 Yes 3/3/2020 3/3/2020 3/3/2020 Agriculture; other; agricultural disaster loan organization program act; update and modify. (Sen. Dan Lauwers)

0053 4152 Yes 3/3/2020 3/3/2020 6/1/2020 # Records; birth; fees and procedure to obtain birth certificate; modify for certain individuals. (Rep. Steven Johnson)

0054 4153 Yes 3/3/2020 3/3/2020 6/1/2020 # Records; birth; definition of certain individuals eligible for different fees and procedure to obtain birth certificate; provide for. (Rep. Vanessa Guerra)

0055 5043 Yes 3/3/2020 3/3/2020 3/3/2020 Mental health; other; use of mediation as a first step in dispute resolution; allow. (Rep. Hank Vaupel)

0056 5044 Yes 3/3/2020 3/3/2020 3/3/2020 # Children; foster care; citation to mental health code definition; revise. (Rep. LaTanya Garrett)

0057 4712 Yes 3/10/2020 3/10/2020 6/8/2020 Crimes; other; possession of a trailer designed for defense or attack; repeal. (Rep. Steven Johnson)

0058 4713 Yes 3/10/2020 3/10/2020 6/8/2020 # Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of possession of a trailer designed for defense or attack; remove to reflect repeal. (Rep. Aaron Miller)

© 2020 Legislative Council, State of Michigan. All rights reserved. Page 6 PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0059 5103 Yes 3/10/2020 3/10/2020 3/10/2020 Probate; other; priority of appointment of a special personal representative; clarify. (Rep. Rodney Wakeman)

0060 4266 Yes 3/10/2020 3/10/2020 3/10/2020 # Civil procedure; defenses; presumption in action involving certain utility easements; enact, and limit damages recoverable. (Rep. Triston Cole)

0061 5266 Yes 3/10/2020 3/10/2020 3/10/2020 # Communications; telecommunications; electric cooperative member-regulated pole attachment and calculated rate agreement; provide for. (Rep. Triston Cole)

0062 5174 Yes 3/17/2020 3/17/2020 3/17/2020 Insurance; producers; fees allowed in the placement of a surplus line policy; modify. (Rep. Daire Rendon)

0063 0253 Yes 3/17/2020 3/17/2020 3/17/2020 Law; contracts; agreements, contracts, or promises required to be in writing and signed; prohibit lawsuit to enforce real estate commission agreement that is not in writing. (Sen. Peter J. Lucido)

0064 0762 Yes 3/17/2020 3/17/2020 3/17/2020 Cities; public services; population threshold for qualified city in the police and fire protection act; modify. (Sen. Ken Horn)

0065 4171 Yes 3/27/2020 3/27/2020 3/27/2020 Individual income tax; retirement or pension benefits; limitations and restrictions on retirement income deduction for a surviving spouse; clarify. (Rep. Julie Alexander)

0066 0151 Yes 3/30/2020 3/30/2020 3/30/2020 + Appropriations; zero budget; supplemental appropriations; provide for fiscal year 2019-2020. (Sen. Jim Stamas)

0067 4729 Yes 3/30/2020 3/30/2020 3/30/2020 Appropriations; zero budget; omnibus budget appropriations; provide for fiscal year 2019-2020. (Rep. Shane Hernandez)

0068 5576 Yes 4/2/2020 4/2/2020 4/2/2020 # Higher education; financial aid; Michigan reconnect grant act; create. (Rep. Ben Frederick)

© 2020 Legislative Council, State of Michigan. All rights reserved. Page 7 PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0069 5580 Yes 4/2/2020 4/2/2020 4/2/2020 # Higher education; financial aid; tuition incentive program; allow for certain other state aid to be last dollar. (Rep. Sarah Anthony)

0070 5401 Yes 4/2/2020 4/2/2020 4/2/2020 # Watercraft; traffic control; temporary speed restrictions during high water conditions; provide for. (Rep. Gary Eisen)

0071 5402 Yes 4/2/2020 4/2/2020 4/2/2020 # Civil procedure; civil actions; violations of temporary watercraft speed restrictions; classify as municipal civil infractions. (Rep. Gary Eisen)

0072 5463 No 4/2/2020 4/2/2020 4/2/2020 # Watercraft; traffic control; procedure to allow local political subdivisions to apply for temporary emergency rules in water control zones; provide for. (Rep. Jim Lilly)

0073 4908 Yes 4/2/2020 4/2/2020 4/2/2020 State financing and management; bonds; limitation on the aggregate cap on outstanding bonds; increase. (Rep. Karen Whitsett)

0074 4740 Yes 4/2/2020 4/2/2020 4/2/2020 Recreation; local parks; Dr. T. K. Lawless Park in Cass County; designate as dark sky preserve. (Rep. Aaron Miller)

0075 4125 Yes 4/2/2020 4/2/2020 4/2/2020 Individual income tax; collections; earmark for school aid fund and the Michigan transportation fund; modify, and eliminate earmark for renew Michigan fund. (Rep. Scott VanSingel)

0076 0415 Yes 4/2/2020 4/2/2020 4/2/2020 Financial institutions; credit cards; credit card arrangements act; modify definitions and update title. (Sen. Aric Nesbitt)

0077 0269 Yes 4/2/2020 4/2/2020 4/2/2020 Individual income tax; returns; taxpayer protection act; provide for. (Sen. Erika Geiss)

0078 0543 Yes 4/2/2020 4/2/2020 4/2/2020 Liquor; other; use of secure identity verification devices to determine age of purchaser; allow. (Sen. Curtis S. VanderWall)

© 2020 Legislative Council, State of Michigan. All rights reserved. Page 8 PA ENROLLED I.E.* Governor Filed Date Effective Date SUBJECT No. HB SB Yes/No Approved 0079 0125 Yes 4/2/2020 4/2/2020 4/2/2020 Property; abandoned; unclaimed property of active duty military; modify requirements for extended dormancy periods. (Sen. Tom Barrett)

0080 0711 Yes 4/2/2020 4/2/2020 4/2/2020 Liquor; licenses; limited production brewer license; provide for. (Sen. Jon C. Bumstead)

0081 0712 Yes 4/2/2020 4/2/2020 4/2/2020 Villages; employees and officers; filling of council vacancies; modify, and modify procedure for compelling attendance of absent council members. (Sen. Jon C. Bumstead)

0082 0754 Yes 4/2/2020 4/2/2020 4/2/2020 Courts; reorganization; reorganization of the seventy-ninth district court and number of judgeships; modify. (Sen. Curtis S. VanderWall)

0083 0812 Yes 4/2/2020 4/2/2020 4/2/2020 Employment security; benefits; work search requirements; modify. (Sen. Ken Horn)

0084 0268 Yes 4/2/2020 4/2/2020 4/2/2020 # Higher education; financial aid; Michigan reconnect grant act; create. (Sen. Ken Horn)

0085 5496 Yes 5/15/2020 5/15/2020 5/15/2020 Environmental protection; solid waste; lateral expansion coal ash landfill; modify definition. (Rep. Gary Howell)

Veto 0858 No No 5/4/2020 State financing and management; other; duration of executive orders, proclamations, and directives; modify. (Sen. Tom Barrett)