HOUSE BILL No. 4532

 

March 22, 2005, Introduced by Reps. Gleason, Vander Veen, Plakas and Cushingberry and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 16901, 16903, and 16905 (MCL 333.16901,

 

333.16903, and 333.16905), as added by 1995 PA 126.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16901. (1) As used in this part:

 

     (a) "Advertise" means issuing or ordering the printing or

 

distribution of a card, sign, or device or causing, permitting, or

 

allowing a sign or marking on or in a building or structure, or

 

placing material in a newspaper, magazine, or directory, or on

 

radio or television. Advertise does not include unpaid public

 

awareness campaigns or educational or promotional materials by

 

individuals exempted from this part by section 16905.


 

     (b) "Marriage and family therapist" means an individual

 

licensed under this article to engage in the practice of marriage

 

and family therapy.

 

     (c) "Practice of marriage and family therapy" means the

 

providing of guidance, testing, discussions, therapy, instruction,

 

or advice that is intended to avoid, eliminate, relieve, manage, or

 

resolve individual, marital, or family conflict or discord, to

 

create, improve, or restore individual, marital, or family harmony,

 

or to prepare couples for marriage. Practice of marriage and family

 

therapy does not include the administration and interpretation of

 

psychological tests except for those tests that are consistent with

 

the individual's education and training and with the code of ethics

 

for licensed marriage and family therapists.

 

     (2) In addition to the definitions of this part, article 1

 

contains general definitions and principles of construction

 

applicable to all articles in this code and part 161 contains

 

definitions applicable to this part.

 

     Sec. 16903. (1) An individual licensed under this part as a

 

marriage and family therapist shall use only the title "licensed

 

marriage and family therapist" or "licensed marriage counselor" or

 

the abbreviation "l.m.f.t." in representing his or her services in

 

the practice of marriage and family therapy to the public.

 

     (2) Unless exempt under section  16905(3)  16905(4), only an

 

individual licensed under this part may advertise that he or she

 

offers marriage and family therapy; marriage or family counseling

 

service or advice; marriage or family guidance service or advice;

 

marriage or family relations service or advice; marriage or family


 

problems service or advice; marriage or family relations advice or

 

assistance; service in the alleviation of a marital or family

 

problem; or service of similar import or effect that is included in

 

the practice of marriage and family therapy. This part does not

 

prohibit an individual exempted by section 16905 from issuing

 

unpaid public awareness campaigns or educational or promotional

 

materials.

 

     (3) The board may grant a limited license to an individual who

 

has met the requirements of section  16909(a) and (b)  16909(1)(a)

 

and (b) in order to permit that individual to obtain the experience

 

required under section  16909(c)  16909(1)(c). The board shall not

 

renew a limited license for more than 6 years. A limited licensee

 

shall do all of the following:

 

     (a) Use only the title "limited licensed marriage and family

 

therapist" or "limited licensed marriage counselor".

 

     (b) Not represent that he or she is engaged in the independent

 

practice of marriage and family therapy.

 

     (c) Practice only under the supervision of a fully licensed

 

marriage and family therapist.

 

     (d) Confine his or her practice to an organized health care

 

setting or other arrangement approved by the board.

 

     (4) An individual engaged in obtaining experience required

 

under section  16909(b)  16909(1)(b) may use the title "marriage

 

and family therapist intern" or "marriage and family therapist

 

trainee" during the training period. The board shall not require an

 

individual obtaining experience required under section  16909(b)  

 

16909(1)(b) to hold a limited license.


 

     Sec. 16905. (1) This part does not apply to an individual

 

engaged in the practice of social work as  defined  described in

 

section  1601 of the occupational code, Act No. 299 of the Public

 

Acts of 1980, being section 339.1601 of the Michigan Compiled Laws  

 

18501, in the course of employment with a governmental agency or a

 

reputable social service agency regularly providing social work

 

services as an agency.

 

     (2) This part does not apply to an ordained cleric or other

 

religious practitioner who  is employed by or working under the

 

authority of an organization exempt from taxation under section

 

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

 

the advice or counsel given by the cleric or other religious

 

practitioner is incidental to his or her duties as a cleric or

 

other religious practitioner, and  provides advice, guidance, or

 

teaching based on his or her religious beliefs, creeds, or

 

doctrines if the cleric or other religious practitioner does not

 

hold himself or herself out to the public as a marriage and family

 

therapist licensed under this article or use 1 or more of the

 

titles listed in section  16263(1)(p)  16263(1)(q) and if no fee or

 

donation is exacted for the service. This part does not prohibit an

 

ordained cleric or other religious practitioner from accepting a

 

voluntary contribution.

 

     (3) This part does not apply to an ordained cleric or other

 

religious practitioner who has been authorized by law to officiate

 

at a marriage if that person provides, in writing, an affidavit

 

clearly stating that he or she is a member of the clergy or a

 

religious practitioner, is not a marriage and family therapist


 

licensed under this article, and does not use 1 or more of the

 

titles listed in section 16263(1)(q), and that the advice,

 

guidance, or teaching is based on that individual's religious

 

beliefs, creeds, or doctrines.

 

     (4)   (3)  This part does not apply to a physician licensed

 

under this article who has completed an accredited psychiatric

 

residency program approved by the Michigan board of medicine or to

 

a psychologist fully licensed under this article, if both of the

 

following circumstances exist:

 

     (a) The individual is practicing his or her profession in a

 

manner consistent with his or her education and training and is

 

practicing in a manner consistent with the code of ethics of that

 

profession.

 

     (b) The individual does not hold himself or herself out to the

 

public as a marriage and family therapist licensed under this

 

article or use any of the titles listed in section  16263(1)(p)  

 

16263(1)(q) for advertising purposes.  However, this  This

 

subdivision does not prohibit the individual from advertising under

 

a telephone or other business directory listing that uses those

 

titles if the individual discloses in the listing, in an

 

unabbreviated fashion, the profession in which he or she is

 

licensed.

 

     (5)   (4)  This part does not limit an individual in, or

 

prevent an individual from, the practice of a statutorily regulated

 

profession or occupation if services to families, couples, or

 

subsystems of families are part of the services provided by that

 

profession or occupation, and if the individual does not hold


 

himself or herself out to the public as a marriage and family

 

therapist licensed under this article or use 1 or more of the

 

titles listed in section  16263(1)(p)  16263(1)(q). As used in this

 

subsection, "statutorily regulated profession or occupation" means

 

an occupation or profession regulated by statute that includes, but

 

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

 

social worker, certified social worker, social work technician,

 

fully licensed psychologist, limited licensed psychologist,

 

temporary limited licensed psychologist, licensed professional

 

counselor, limited licensed counselor, or school counselor.