June 7, 2006, Introduced by Rep. Gleason and referred to the Committee on Health Policy.
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, 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 Senate Bill No.____ or House Bill No. 6147(request no.
05150'05) of the 93rd Legislature is enacted into law.