SB-0273, As Passed Senate, January 30, 2014

SUBSTITUTE FOR

SENATE BILL NO. 273

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16343, 18201, 18211, 18223, 18233, and 18237

(MCL 333.16343, 333.18201, 333.18211, 333.18223, 333.18233, and

333.18237), section 16343 as added by 1993 PA 79, section 18211

as amended by 2006 PA 395, section 18223 as amended by 2010 PA

121, section 18233 as amended by 1994 PA 234, and section 18237

as amended by 1998 PA 496, and by adding section 18239.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 16343. Fees for a person licensed or seeking licensure

2 to engage in the practice of psychology or practice as a

3 psychological associate under part 182 are as follows:

1	(a)	Application processing fee.................... $ 50.00
2	(b)	License fee, per year:
3	(i)	Full doctoral................................. 90.00
4	(ii)	Limited doctoral............................. 30.00
5	(iii)	Masters limited.............................. 60.00
6	(iv)	Temporary limited............................ 15.00
7	(v)	Psychological associate...................... 60.00
8	(c)	Limited license, per year.................... 40.00
9	(d)	Temporary license............................ 15.00
10	(e)	Examination review fee....................... 20.00

11 Sec. 18201. (1) As used in this part:

12 ~~(a) "Psychologist" means an individual licensed under this~~

13 ~~article to engage in the practice of psychology.~~

14 (a) "Practice as a psychological associate" means rendering

15 services to individuals, groups, organizations, or the public

16 that involve the application of principles, methods, and

17 procedures of understanding, predicting, and influencing behavior

18 for the purposes of the diagnosis, prevention, amelioration, or

19 treatment of mental or emotional disorders, disabilities, or

20 behavioral adjustment problems by means of psychotherapy,

21 counseling, behavior modification, hypnosis, biofeedback

22 techniques, or other verbal or behavioral means. The practice as

23 a psychological associate does not include any of the following:

24 (i) The practice of medicine, such as prescribing drugs,

25 performing surgery, or administering electro-convulsive therapy.

26 (ii) Except as otherwise provided in this part, the

1 administration, production, or distribution of written or verbal

2 psychological testing, evaluations, or reports, or the

3 documentation or distribution of the psychological testing,

4 evaluations, or reports in a clinical record.

5 (iii) The practice of applied behavior analysis unless the

6 individual is licensed or otherwise authorized to engage in the

7 practice of applied behavior analysis under another part of this

8 act or other state law.

9 (b) "Practice of psychology" means ~~the~~ rendering services to

10 individuals, groups, organizations, or the public ~~of services~~

11 ~~involving~~ that involve the application of principles, methods,

12 and procedures of understanding, predicting, and influencing

13 behavior for the purposes of the diagnosis, assessment related to

14 diagnosis, prevention, amelioration, or treatment of mental or

15 emotional disorders, disabilities or behavioral adjustment

16 problems by means of psychotherapy, counseling, behavior

17 modification, hypnosis, biofeedback techniques, psychological

18 tests, or other verbal or behavioral means. The practice of

19 psychology ~~shall~~ does not include the practice of medicine such

20 as prescribing drugs, performing surgery, or administering

21 electro-convulsive therapy.

22 (c) "Psychological associate" means an individual who is

23 licensed or otherwise authorized under this article to engage in

24 the practice as a psychological associate.

25 (d) "Psychologist" means an individual who is licensed under

26 this article to engage in the practice of psychology.

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

1 contains general definitions and principles of construction

2 applicable to all articles in this ~~code~~ act and part 161 contains

3 definitions applicable to this part.

4 Sec. 18211. (1) ~~A person~~ An individual shall not engage in

5 the practice of psychology unless he or she is licensed or

6 otherwise authorized by this article. An individual shall not

7 engage in practice as a psychological associate unless he or she

8 is licensed or otherwise authorized by this article.

9 (2) The following words, titles, or letters or a combination

10 ~~thereof,~~ of the words, titles, or letters, with or without

11 qualifying words or phrases, are restricted in use only to those

12 persons authorized under this part to use the terms and in a way

13 prescribed in this part: "consulting psychologist",

14 "psychologist", ~~"psychological assistant",~~ "psychological

15 examiner", "licensed psychologist", ~~and~~ "limited licensed

16 psychologist", "psychological associate", "licensed psychological

17 associate", and "limited licensed psychological associate".

18 Sec. 18223. (1) The department, in consultation with the

19 board, shall promulgate rules ~~requiring~~ that require an

20 individual who is granted a license under this part to engage in

21 the practice of psychology, except as provided in subsection (2),

22 ~~shall~~ to meet ~~both~~ all of the following requirements:

23 (a) ~~Been granted~~ He or she has a doctoral degree in

24 psychology, or a doctoral degree in a closely related field, from

25 a regionally accredited or other college, university, or

26 institution approved by the board, ~~which~~ that included education

27 and training appropriate to the practice of psychology.

1 ~~Additionally, beginning August 1, 2011, the~~

2 (b) His or her doctoral degree in psychology, or the

3 doctoral degree in a closely related field, ~~shall be~~ is from a

4 program that has obtained the association of state and provincial

5 psychology boards' national register designation or ~~has been~~ is

6 accredited by the American psychological association or the

7 Canadian psychological association, or has obtained a similar

8 designation from or ~~been~~ is accredited by an entity approved by

9 the board. ~~For purposes of the requirement added by the~~

10 ~~amendatory act that added this sentence , a~~ A program that is in

11 the process of obtaining this designation or becoming accredited

12 as required in this subdivision before August 1, 2011, and that

13 obtains the designation or becomes accredited on or before August

14 31, 2015, meets the requirements of this subdivision.

15 (c) ~~(b) Have not less than~~ He or she has at least 1 year of

16 postdoctoral experience in the practice of psychology in an

17 organized health care setting or other arrangement, as

18 established by the board.

19 (2) Except as otherwise provided in subsection (7), this

20 subsection does not apply on and after the date the board begins

21 to grant licenses under subsection (3). In addition to section

22 16182, the board shall grant a limited license to engage in the

23 practice of psychology to an individual ~~granted~~ who has a

24 master's degree in psychology from a regionally accredited

25 college, or university, or institution approved by the board, if

26 the individual has education, training, and experience

27 appropriate to the practice of psychology, as established by the

1 board. Except for duties performed as an employee of a

2 governmental entity or of a nonprofit organization serving

3 benevolent and charitable purposes, the board shall place 2

4 limitations ~~shall be placed~~ on a limited license granted to an

5 individual under this subsection. The limitations ~~shall~~ must

6 require supervision by a psychologist who has a license other

7 than a limited license and ~~shall~~ prohibit advertising or other

8 representation to the public ~~which~~ that will lead the public to

9 believe the individual is engaging in the practice of psychology.

10 A limited license granted under this subsection ~~shall be renewed~~

11 ~~pursuant to~~ is renewable under subsection (7) and part 161. An

12 individual who is applying for a limited license ~~pursuant to~~

13 under this subsection ~~shall~~ must have 1 year of supervised

14 postgraduate experience in an organized health care setting or

15 other arrangement, as established by the board. The individual

16 ~~shall~~ must be supervised by a psychologist who has a license

17 other than a limited license, or if a psychologist who has a

18 license other than a limited license is not available, by a

19 psychologist who has at least a master's degree in psychology and

20 at least 3 years of experience in the practice of psychology or

21 by any other individual approved by the board. The board shall

22 ~~issue~~ grant a temporary license to the individual for the purpose

23 of obtaining the 1 year of postgraduate experience.

24 (3) On or before the expiration of 1 year after the

25 effective date of the amendatory act that added this subsection,

26 the department, in consultation with the board, shall promulgate

27 rules to establish and administer a licensure program for

1 practice as a psychological associate. No later than 6 months

2 after rules are promulgated under this subsection, the board

3 shall grant a license to engage in practice as a psychological

4 associate, except as otherwise provided in this section, to an

5 individual who meets the requirements of subsection (4), (5), or

6 (6), as applicable. An individual who is granted a psychological

7 associate license under this part shall not advertise or make a

8 representation to the public that will lead the public to believe

9 that the individual is engaging in the practice of psychology. An

10 individual who is granted a psychological associate I license

11 under subsection (4) shall only engage in practice as a

12 psychological associate under the supervision of a psychologist

13 who has a license other than a limited license. An individual who

14 is granted a psychological associate II license under subsection

15 (5) or (6) may engage in practice as a psychological associate

16 without supervision.

17 (4) The board shall grant a psychological associate I

18 license to an individual who has a master's degree in psychology

19 from a regionally accredited or other college, university, or

20 institution approved by the board, the preparation for which

21 included education and training appropriate to practice as a

22 psychological associate.

23 (5) The board shall grant a psychological associate II

24 license to an individual who meets all of the following

25 requirements:

26 (a) He or she has a master's degree in psychology from a

27 regionally accredited or other college, university, or

1 institution approved by the board, the preparation for which

2 included education and training appropriate to practice as a

3 psychological associate.

4 (b) He or she has at least 6,000 hours of experience in

5 practice as a psychological associate in an organized health care

6 setting or other arrangement, as established by the board. The

7 board shall only recognize hours that are accumulated in not

8 fewer than 3 years or more than 6 years under the supervision of

9 a psychologist who has a license other than a limited license.

10 However, if a psychologist who has a license other than a limited

11 license is not available, the board may authorize an individual

12 who has a psychological associate II license that is not a

13 limited license and who has at least 3 years of experience under

14 the psychological associate II license to provide the supervision

15 required under this subdivision. The board shall grant a limited

16 license to an individual who meets the other requirements of this

17 subsection for the purpose of obtaining the hours of experience

18 required under this subdivision.

19 (c) Subject to standards included in the rules promulgated

20 under subsection (3), he or she has passed the examination for

21 professional practice in psychology as developed by the

22 association of state and provincial psychology boards.

23 (6) The board shall grant a psychological associate II

24 license to an individual who has continuously held a limited

25 license under subsection (2) since June 30, 2010, unless that

26 individual opts to renew his or her limited license as provided

27 in subsection (7).

1 (7) An individual who held a limited license to engage in

2 the practice of psychology under subsection (2) on the date the

3 board begins to grant psychological associate licenses under

4 subsection (3) may, at his or her option, renew the limited

5 license under subsection (2). The board shall renew a limited

6 license under subsection (2) as long as the individual continues

7 to meet the requirements of subsection (2) and the other

8 applicable requirements of this part. The board shall grant a

9 psychological associate license to an applicant who held a

10 limited license under subsection (2) on the date the board begins

11 to grant psychological associate licenses under subsection (3) if

12 the applicant meets the requirements of subsection (4), (5), or

13 (6), as applicable, and the other applicable requirements of this

14 part.

15 (8) Notwithstanding section 16182, an individual granted a

16 license to engage in practice as a psychological associate under

17 this part shall not administer, produce, or distribute written or

18 verbal psychological testing, evaluations, or reports, or

19 document or distribute the psychological testing, evaluations, or

20 reports in a clinical record unless supervised and countersigned

21 by a psychologist who has a license other than a limited license.

22 Sec. 18233. (1) In addition to the requirements of part 161,

23 the board may require that a licensee seeking renewal of a

24 license to must furnish the board with satisfactory evidence that

25 during the 2 years immediately preceding application for renewal

26 the licensee ~~has~~ attended continuing education courses or

27 programs that are designed to further educate licensees and are

1 approved by the board. ~~totaling not less than a~~ The department,

2 in consultation with the board, by rule may establish the minimum

3 number of hours ~~established by rule of the board in~~ of subjects

4 related to the practice of psychology ~~and designed to further~~

5 ~~educate licensees.~~or practice as a psychological associate, as

6 appropriate, for continuing education courses or programs

7 required under this subsection.

8 (2) As required under section 16204, the department, in

9 consultation with the board, shall promulgate rules requiring

10 each applicant for license renewal to complete as part of the

11 continuing education requirement of subsection (1) an appropriate

12 number of hours or courses in pain and symptom management.

13 Sec. 18237. A ~~psychologist licensed or allowed to use that~~

14 ~~title~~ licensee under this part or an individual under his or her

15 supervision cannot be compelled to disclose confidential

16 information acquired from an individual consulting the

17 ~~psychologist~~ licensee in his or her professional capacity if the

18 information is necessary to enable the ~~psychologist~~ licensee to

19 render services. Information may be disclosed with the consent of

20 the individual consulting the ~~psychologist~~licensee, or if the

21 individual consulting the ~~psychologist~~ licensee is a minor, with

22 the consent of the minor's guardian, pursuant to section 16222 if

23 the ~~psychologist~~ licensee reasonably believes it is necessary to

24 disclose the information to comply with section 16222, or under

25 section 16281. In a contest on the admission of a deceased

26 individual's will to probate, an heir at law of the decedent,

27 whether a proponent or contestant of the will, and the personal