Michigan permits something many states do not: a licensee may delegate selected acts to an unlicensed individual. Operators hear that and stop reading. The definition is where the constraints live.
Under MCL 333.16215, a licensee may delegate to a licensed or unlicensed individual otherwise qualified by education, training or experience the performance of selected acts, tasks or functions, where those acts fall within the scope of practice of the delegator’s profession. Michigan defines delegation as authorisation to perform acts that are within the delegator’s scope and not within the delegatee’s, and which absent that authorisation would constitute the illegal practice of a licensed profession.
Three limits inside one sentence
- Within the delegator’s scope. A physician cannot delegate what they could not themselves lawfully do.
- Qualified by education, training or experience. This is assessed against the individual, not their job title. Two medical assistants are not interchangeable for this purpose.
- Tied to supervision. The statute connects delegation to supervision; you do not get to delegate and walk away.
What the definition is telling you
Read the second half again: delegation authorises acts that, without it, would be illegal practice. Michigan is not saying these tasks are unregulated when an unlicensed person performs them. It is saying the delegation is the only thing standing between that person and an unlicensed practice finding.
Which means the delegation has to be real, specific, documented, and matched to a person you can evidence is qualified. A general staff handbook is not delegation.
Where med spas get this wrong
- Delegating by role rather than by individual, so a new hire inherits authority nobody assessed them for.
- Delegating a task the physician has never performed and could not supervise meaningfully.
- A medical director described as a silent partner — which is incompatible with a statute that ties delegation to supervision.
- Treating injectables, lasers and IV therapy as non-medical because unlicensed staff are doing them. They are medical acts under the Public Health Code regardless of who holds the syringe.
The paperwork that survives review
Name the delegatee. Name the acts. Record the education, training or experience relied on. State the supervision arrangement and how it is actually delivered. Review it when the person, the menu or the device changes. Compliance is enforced by LARA and the Michigan Board of Medicine, and none of the above is expensive to maintain — it is only expensive to reconstruct.
Related reading
Frequently asked questions
Can unlicensed staff perform medical acts in Michigan?
MCL 333.16215 permits delegation to a licensed or unlicensed individual otherwise qualified by education, training or experience, for acts within the delegator’s scope, under supervision.
Does the delegatee’s job title matter?
Less than their education, training and experience, which is what the statute measures. Delegate to individuals, not to roles.
Can we delegate and supervise remotely?
The statute ties delegation to supervision. How that supervision is delivered has to be real and documented; a director who is a silent partner does not satisfy it.
Are injectables medical acts in Michigan?
Yes. Injectables, lasers and IV therapy are medical acts under the Public Health Code, whoever performs them.
General information about Michigan delegation rules, not legal advice. Statutes and board rules change. Confirm your obligations with healthcare counsel licensed in Michigan.