HB-6150, As Passed Senate, September 13, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6150

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 18103, 18105, and 18115 (MCL 333.18103,

333.18105, and 333.18115), section 18103 as amended by 1993 PA 79,

section 18105 as amended by 1989 PA 262, and section 18115 as added

by 1988 PA 421.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 18103. (1) The Michigan board of counseling is created in

the department. The board shall consist of the following 11 voting

members who shall meet the requirements of part 161:

     (a) Six members of the board shall be engaged in the practice

of counseling and shall consist of: 3 members who are engaged

primarily in providing counseling techniques, behavior modification

techniques, or preventive techniques to clients; 2 members who are

engaged primarily in teaching, training, or research in counseling;

and 1 member who is engaged primarily in the administration of

counseling services.

     (b) Four members of the general public.

     (c) One member who is a statutorily regulated mental health

professional. As used in this subdivision, "statutorily regulated

mental health professional" means any of the following: a

psychiatrist, psychologist, substance abuse counselor, marriage and

family therapist, or social worker.

     (2) The terms of office of individual members of the board

created under this section, except those appointed to fill

vacancies, expire 4 years after appointment on June 30 of the year

in which the term expires.

     Sec. 18105. (1) A licensee shall not perform any acts, tasks,

or functions within the practice of counseling unless he or she is

trained to perform such acts, tasks, or functions.

     (2) Effective October 1, 1990, a person shall not engage in

the practice of counseling unless licensed or otherwise authorized

under this article.

     (3) The following words, titles, or letters or a combination

thereof, with or without qualifying words or phrases, are

restricted in use only to those persons authorized under this part

to use the terms and in a way prescribed in this part: "licensed

professional counselor", "licensed counselor", "professional

counselor", and "l.p.c.".

     Sec. 18115. (1) This article does not limit an individual in,

nor prevent an individual from, the practice of a statutorily

regulated profession or occupation if counseling is part of the

services provided by that profession or occupation, and the

individual does not hold himself or herself out as a counselor

regulated under this article. As used in this subsection,

"statutorily regulated profession or occupation" includes, but is

not limited to, all of the following: a physician, attorney,

marriage  counselor  and family therapist, debt management

counselor, social worker,  certified social worker, social  work

services technician, licensed psychologist, limited licensed

psychologist, temporary limited licensed psychologist, or school

counselor.

     (2) This part does not apply to any of the following:

     (a) An ordained member of the clergy if counseling is

incidental to his or her religious duties performed under the

auspices or recognition of a church, denomination, religious

association, or sect, that has tax exempt status pursuant to

section 501(c)(3) of the internal revenue code of 1986, 26  U.S.C.

USC 501, if the member of the clergy does not hold himself or

herself out as a counselor licensed under this article.

     (b) An individual who performs volunteer services for a public

or private nonprofit organization, church, or charity, if the

individual is approved by the organization or agency for which the

services are rendered.

     (c) An individual who is employed by or who volunteers to work

in a program licensed by the office of substance abuse services.

     (d) A member of any other profession whose practice may

include counseling principles, methods, or procedures from

practicing his or her profession as long as he or she is trained in

that profession and does not hold himself or herself out as a

counselor providing counseling. As used in this subdivision,

"profession" includes, but is not limited to, the fields of human

resources development and organizational development.

     (3)  This  Notwithstanding section 18105(3), this part does

not prohibit the use of the word "counselor" without the qualifying

words "licensed" or "professional" used in conjunction with the

word "counselor", except as otherwise provided by law.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 6147 of the 93rd Legislature is enacted into

law.