March 19, 2013, Introduced by Senators EMMONS, BRANDENBURG, PAPPAGEORGE, BOOHER, SCHUITMAKER and JONES and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 18201, 18211, 18223, 18233, and 18237 (MCL
333.18201, 333.18211, 333.18223, 333.18233, and 333.18237), 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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18201. (1) As used in this part:
(a)
"Psychologist" means an individual licensed under this
article
to engage in the practice of psychology.
(a) "Practice as a psychological associate" means rendering
services to individuals, groups, organizations, or the public that
involve the application of principles, methods, and procedures of
understanding, predicting, and influencing behavior for the
purposes of the diagnosis, prevention, amelioration, or treatment
of mental or emotional disorders, disabilities, or behavioral
adjustment problems by means of psychotherapy, counseling, behavior
modification, hypnosis, biofeedback techniques, or other verbal or
behavioral means. The practice as a psychological associate does
not include any of the following:
(i) The practice of medicine, such as prescribing drugs,
performing surgery, or administering electro-convulsive therapy.
(ii) Except as otherwise provided in this part, the
administration, production, or distribution of written or verbal
psychological testing, evaluations, or reports, or the
documentation or distribution of the psychological testing,
evaluations, or reports in a clinical record.
(iii) The practice of applied behavior analysis unless the
individual is licensed or otherwise authorized to engage in the
practice of applied behavior analysis under another part of this
act or other state law.
(b)
"Practice of psychology" means the rendering services to
individuals,
groups, organizations, or the public of services
involving
that involve the application of principles, methods, and
procedures of understanding, predicting, and influencing behavior
for the purposes of the diagnosis, assessment related to diagnosis,
prevention, amelioration, or treatment of mental or emotional
disorders, disabilities or behavioral adjustment problems by means
of psychotherapy, counseling, behavior modification, hypnosis,
biofeedback techniques, psychological tests, or other verbal or
behavioral
means. The practice of psychology shall does not include
the practice of medicine such as prescribing drugs, performing
surgery, or administering electro-convulsive therapy.
(c) "Psychological associate" means an individual who is
licensed or otherwise authorized under this article to engage in
the practice as a psychological associate.
(d) "Psychologist" means an individual who is licensed under
this article to engage in the practice of psychology.
(2) In addition to the definitions in 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.
18211. (1) A person An
individual shall not engage in the
practice of psychology unless he or she is licensed or otherwise
authorized by this article. Beginning on the effective date of
rules promulgated under section 18223(3), an individual shall not
engage in practice as a psychological associate unless he or she is
licensed or otherwise authorized by this article.
(2) 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: "consulting
psychologist",
"psychologist", "psychological assistant",
"psychological
examiner", "licensed psychologist", and "limited
licensed psychologist", "psychological associate", "licensed
psychological associate", and "limited licensed psychological
associate".
Sec.
18223. (1) The board shall promulgate rules requiring
that require an individual who is granted a license under this part
to engage in the practice of psychology, except as provided in
subsection
(2), shall to meet both all of the following
requirements:
(a)
Been granted He or she has
a doctoral degree in
psychology, or a doctoral degree in a closely related field, from a
regionally accredited or other college, university, or institution
approved
by the board, which that included education and training
appropriate
to the practice of psychology. Additionally, beginning
August
1, 2011, the
(b) His or her doctoral degree in psychology, or the doctoral
degree
in a closely related field, shall be is from a program that
has obtained the association of state and provincial psychology
boards'
national register designation or has been is accredited by
the American psychological association or the Canadian
psychological association, or has obtained a similar designation
from
or been is accredited by an entity approved by the board. For
purposes
of the requirement added by the amendatory act that added
this
sentence , a A program that is in the process of obtaining
this designation or becoming accredited as required in this
subdivision before August 1, 2011, and that obtains the designation
or becomes accredited on or before August 31, 2015, meets the
requirements of this subdivision.
(c) (b)
Have not less than He or she
has at least 1 year of
postdoctoral experience in the practice of psychology in an
organized health care setting or other arrangement, as established
by the board.
(2) Except as otherwise provided in subsection (4), this
subsection does not apply on and after the effective date of rules
promulgated under subsection (3). In addition to section 16182, the
board shall grant a limited license to engage in the practice of
psychology
to an individual granted who has a
master's degree in
psychology from a regionally accredited college, or university, or
institution approved by the board, if the individual has education,
training, and experience appropriate to the practice of psychology,
as established by the board. Except for duties performed as an
employee of a governmental entity or of a nonprofit organization
serving benevolent and charitable purposes, the board shall place 2
limitations
shall be placed on a limited
license granted to an
individual under this subsection. The limitations shall require
supervision by a psychologist who has a license other than a
limited license and shall prohibit advertising or other
representation
to the public which that will lead the public to
believe the individual is engaging in the practice of psychology. A
limited
license granted under this subsection shall be renewed
pursuant
to is renewable under part 161. An individual who is
applying
for a limited license pursuant to under this subsection
shall
must have 1 year of supervised postgraduate experience in
an
organized health care setting or other arrangement, as established
by the board. The individual shall be supervised by a psychologist
who has a license other than a limited license, or if a
psychologist who has a license other than a limited license is not
available, by a psychologist who has at least a master's degree in
psychology and at least 3 years of experience in the practice of
psychology or by any other individual approved by the board. The
board shall issue a temporary license to the individual for the
purpose of obtaining the 1 year of postgraduate experience.
(3) On or before the expiration of 1 year after the effective
date of the amendatory act that added this subsection, the board
shall promulgate rules to establish and administer a licensure
program for practice as a psychological associate. Beginning on the
effective date of rules promulgated under this subsection, the
board shall grant a license to engage in practice as a
psychological associate, except as otherwise provided in this
section, to an individual who meets all of the following
requirements:
(a) He or she has a master's degree in psychology from a
regionally accredited or other college, university, or institution
approved by the board, the preparation for which included education
and training appropriate to practice as a psychological associate.
(b) He or she has at least 6,000 hours of experience in
practice as a psychological associate in an organized health care
setting or other arrangement, as established by the board. The
board shall only recognize hours that are accumulated in not fewer
than 3 years or more than 6 years under the supervision of a
psychologist who has a license other than a limited license.
However, if a psychologist who has a license other than a limited
license is not available, the board may authorize a psychological
associate who has a license other than a limited license, who has
at least a master's degree in psychology, and who has at least 3
years of experience in practice as a psychological associate of
psychotherapy to provide the supervision required under this
subdivision. The board shall issue a limited license to an
individual who meets the other requirements of this subsection for
the purpose of obtaining the hours of experience required under
this subdivision.
(c) Subject to standards included in the rules promulgated
under this subsection, he or she has passed the examination for the
professional practice of psychology as developed by the association
of state and provincial psychology boards.
(4) Until 1 year after the effective date of the rules
promulgated under subsection (3), the board shall grant a
psychological associate license to an individual who held a limited
license to engage in the practice of psychology under subsection
(2) on the effective date of the rules promulgated under subsection
(3) or, at the limited licensee's option, renew his or her limited
license under subsection (2).
(5) Notwithstanding section 16182, an individual granted a
license to engage in practice as a psychological associate under
this part shall not administer, produce, or distribute written or
verbal psychological testing, evaluations, or reports, or document
or distribute the psychological testing, evaluations, or reports in
a clinical record unless supervised and countersigned by a
psychologist who has a license other than a limited license.
Sec. 18233. (1) In addition to the requirements of part 161,
the board may require that a licensee seeking renewal of a license
to
must furnish the board with satisfactory evidence that
during
the 2 years immediately preceding application for renewal the
licensee
has attended continuing education courses or programs that
are designed to further educate licensees and are approved by the
board. totaling
not less than a The board by
rule may establish the
minimum
number of hours established by rule
of the board in of
subjects
related to the practice of psychology and designed to
further
educate licensees.or practice
as a psychological associate,
as appropriate, for continuing education courses or programs
required under this subsection.
(2) As required under section 16204, the board shall
promulgate rules requiring each applicant for license renewal to
complete as part of the continuing education requirement of
subsection (1) an appropriate number of hours or courses in pain
and symptom management.
Sec.
18237. A psychologist licensed or allowed to use that
title
licensee under this part or an individual under his or her
supervision cannot be compelled to disclose confidential
information
acquired from an individual consulting the psychologist
licensee in his or her professional capacity if the information is
necessary
to enable the psychologist licensee
to render services.
Information may be disclosed with the consent of the individual
consulting
the psychologist licensee,
or if the individual
consulting
the psychologist licensee is a minor, with the consent
of the minor's guardian, pursuant to section 16222 if the
psychologist
licensee reasonably believes it is necessary to
disclose the information to comply with section 16222, or under
section 16281. In a contest on the admission of a deceased
individual's will to probate, an heir at law of the decedent,
whether a proponent or contestant of the will, and the personal
representative of the decedent may waive the privilege created by
this section.