Mich. Admin. Code R. 338.3145 - Employees; disqualification

Rule 45.

(1) An individual, partnership, cooperative, association, private corporation, other legal entity, or governmental entity that is licensed by the department under section 7303 or 17748 of the code, MCL 333.7303, or 333.17748, shall not employ or utilize, with or without compensation, or allow the following individuals access to controlled substances:

(a) An individual who the licensee knows, or reasonably should know, has a substance use disorder, as that term is defined in section 1100d of the mental health code, 1974 PA 258, MCL 330.1100d. This subdivision does not apply to a licensee enrolled in the health professional recovery program under a current monitoring agreement.

(b) An individual whose controlled substance license is suspended, revoked, or denied.

(c) An individual whose license issued by this state or another state is under suspension or revoked for a violation that involves controlled substances.

(d) An individual who has been convicted of a crime that involves controlled substances and is currently under sentence for that conviction.

(2) A licensee shall not delegate, under section 16215 of the code, MCL 333.16215, to a licensed or unlicensed individual unless the delegation complies with this rule.

Notes

Mich. Admin. Code R. 338.3145

1979 AC; 1980 AACS; 1992 AACS; 2002 AACS; 2022 AACS; 2024 MR 10, Eff. 5/28/2024