HOUSE BILL NO. 5074
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16903, 18111, 18223, 18233, and 18509 (MCL 333.16903, 333.18111, 333.18223, 333.18233, and 333.18509), section 16903 as amended by 2006 PA 388, section 18111 as amended by 2019 PA 96, section 18223 as amended by 2018 PA 24, section 18233 as amended by 1994 PA 234, and section 18509 as amended by 2004 PA 61, and by adding sections 18111a and 18227.
the people of the state of michigan enact:
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 the individual's services in the practice of marriage and family therapy to the public.
(2) Unless exempt under section 16905(3), only an individual licensed under this part may advertise that he or she the individual 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.
(3) The board may grant a limited license to an individual who has met the requirements of section 16909(a) 16909(1)(a) and (b) in order to permit that individual to obtain the experience required under section 16909(c). The 16909(1)(c). Except as otherwise provided in subsection (6), the board shall not renew a limited license for more than 6 years. A An individual who is granted a limited licensee license under this subsection 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 the individual 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 the individual's 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.
(5) The following words, titles, or letters or a combination thereof, with or without qualifying words or phrases, are restricted in use only to those individuals authorized under this part to use the terms and in a way prescribed by this part: "marriage advisor" or "marriage consultant"; "family counselor", "family advisor", "family therapist", or "family consultant"; "family guidance counselor", "family guidance advisor", or "family guidance consultant"; "marriage guidance counselor", "marriage guidance advisor", or "marriage guidance consultant"; "family relations counselor"; "marriage relations counselor", "marriage relations advisor", or "marriage relations consultant"; or "marital counselor" or "marital therapist".
(6) By not later than 5 years after the effective date of the amendatory act that added this subsection, the department shall promulgate rules under section 16194 to prescribe a 3-year license cycle for a limited license granted under subsection (3), which may be renewed for 1 additional 3-year term.
Sec. 18111. (1) Subject to subsection (3), the department may grant a limited license to an individual who meets both of the following criteria:
(a) Is not less than 18 years of age.
(b) Has received, from an accredited college or university approved by the department, a master's or doctoral degree in counseling from a qualified program, or a degree determined by the department in consultation with the board to be substantially equivalent to a counseling degree from a qualified program. The department in consultation with the board shall promulgate rules to establish standards to approve qualified programs.
(2) A limited license granted under this section must require that the individual confine his or her the individual's practice to a program of counseling experience under the supervision of a licensed professional counselor.
(3) The department in consultation with the board shall promulgate rules under section 16145 as necessary or appropriate to supplement the requirements for licensure under this part as a limited licensed counselor, including adopting updated standards of the Council for the Accreditation of Counseling and Related Educational Programs or a successor organization.
(4) Subject to section 18111a, by not later than 5 years after the effective date of the amendatory act that added this subsection, the department shall promulgate rules under section 16194 to prescribe a 3-year license cycle for a limited license granted under this section, which may be renewed for 3 additional 3-year terms.
Sec. 18111a. (1) Beginning not later than 5 years after the effective date of rules promogulated under section 18111(4), the department, in consultation with the board, may toll a 3-year license cycle for a licensee under section 18111 if the licensee demonstrates a hardship to the satisfaction of the department. A licensee seeking to toll the license cycle during the time period of the licensee's hardship shall submit an application to the department on a form and in a manner required by the department with any documentation required by the department. The application must include at least all of the following information:
(a) A description of the hardship and how it impacts the licensee's ability to fulfill the requirements for full licensure under this part.
(b) A description of the cause for the hardship.
(c) A description of the measures taken by the licensee to remedy the hardship.
(d) Whether, at the time of the application, the hardship still exists.
(e) The number of supervised hours completed at the time of the application.
(f) The number of supervised hours left to complete at the time of the application.
(g) The name and contact information for each individual described in section 18111 who supervised the licensee and time period for which the supervision occurred.
(h) The name and contact information for each employer of the licensee, the licensee's period of employment, and the nature of the work performed by the licensee during the time that the licensee has held the limited license.
(i) The dates the licensee tried to pass an examination required for licensure and number of attempts to pass the examination.
(j) Whether the licensee made a prior request under this section and, if yes, the department's decision on the request.
(k) The duration of the request.
(l) Any other information that the department considers necessary or appropriate.
(2) The department may approve not more than 3 requests from a licensee under this section during each license cycle of the licensee. If the department approves a licensee's request under this section, the department shall toll the license cycle of the licensee for at least 1 month. However, the total time period during any license cycle for which a licensee's license cycle may be tolled under this section shall not exceed 1 year.
(3) The department, in consultation with the board, shall promulgate rules to implement this section.
Sec. 18223. (1) The department, in consultation with the board, shall promulgate rules requiring that to be granted a license under this part, except as provided in subsection (2), an individual must meet both of the following requirements:
(a) Have been granted a doctoral degree in psychology, or a doctoral degree in a closely related field, from a doctoral degree program that meets all of the following requirements:
(i) Is offered by a regionally accredited or other college, university, or institution approved by the board, and includes education and training appropriate to the practice of psychology.
(ii) Has obtained the Association of State and Provincial Psychology Boards' national register designation, has been accredited by the American Psychological Association or the Canadian Psychological Association, or has obtained a similar designation from or been accredited by an entity approved by the board. However, a program that is in the process of obtaining the designation or becoming accredited as required in this subparagraph before August 1, 2011, and that obtains the designation or becomes accredited on or before August 31, 2020, meets the requirements of this subparagraph.
(b) Have not less than 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) In addition to section 16182, the board shall grant a limited license to an individual granted 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. An individual who applies for an initial limited license under this subsection before March 31, 2018 is not required to take an examination that is approved by the board to be granted a limited license under this part if the individual was granted a master's degree in psychology after January 1, 2007 but before June 30, 2010 from the college, university, or institution described in this subsection, the individual has continuously held the temporary license described in this section since it was initially granted by the board, and the disciplinary subcommittee has not imposed a sanction against the individual while holding the temporary license described in this section. 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 on a license granted to an individual under this subsection. The limitations must require supervision by a psychologist who has a license other than a limited license and must prohibit advertising or other representation to the public that will lead the public to believe the individual is engaging in the practice of psychology. A limited license granted under this subsection is renewable under part 161. An individual who is applying for a limited license under this subsection must have 1 year of supervised postgraduate experience in an organized health care setting or other arrangement, as established by the board. The individual must 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.
(3) The board shall grant a temporary license to an individual described in subsection (2) for the purpose of obtaining the 1 year of postgraduate experience described in that subsection. Beginning on March 31, 2018, a Except as otherwise provided in subsection (5), a temporary license granted under this subsection is valid for 24 months and may be renewed for 1 additional 24-month term. If Except as otherwise provided in subsection (5), if an individual described in subsection (2) was granted a temporary license by the board before March 31, 2018, his or her the individual's temporary license may be renewed for 1 additional 24-month term.
(4) The board shall grant a temporary license to an individual who is enrolled in a doctoral degree program that meets the requirements of subsection (1). Beginning on March 31, 2018, a Except as otherwise provided in subsection (5), a temporary license granted under this subsection is valid for 24 months and may be renewed for 3 additional 24-month terms. If Except as otherwise provided in subsection (5), if an individual enrolled in a doctoral program that meets the requirements of subsection (1) was granted a temporary license by the board before March 31, 2018, his or her the individual's temporary license may be renewed for 3 additional 24-month terms.
(5) By not later than 5 years after the effective date of the amendatory act that added this subsection, the department shall promulgate rules under section 16194 to prescribe the following license cycles:
(a) For a license granted under subsection (1) or (2), a 3-year license cycle, which license is renewable under part 161.
(b) Subject to section 18227, for a license granted under subsection (3), a 3-year license cycle, which license is not renewable.
(c) For a license granted under subsection (4), a 3-year license cycle, which license is renewable for 2 additional 3-year terms.
Sec. 18227. (1) Beginning not later than 5 years after the effective date of rules promogulated under section 18223(5), the department, in consultation with the board, may toll the 3-year license cycle for a licensee under section 18223(3) if the licensee demonstrates a hardship to the satisfaction of the department. A licensee seeking to toll the license cycle during the time period of the licensee's hardship shall submit an application to the department on a form and in a manner required by the department with any documentation required by the department. The application must include at least all of the following information:
(a) A description of the hardship and how it impacts the licensee's ability to fulfill the requirements for full licensure under this part.
(b) A description of the cause for the hardship.
(c) A description of the measures taken by the licensee to remedy the hardship.
(d) Whether, at the time of the application, the hardship still exists.
(e) The number of supervised hours completed at the time of the application.
(f) The number of supervised hours left to complete at the time of the application.
(g) The name and contact information for each individual described in section 18223(2) who supervised the licensee and time period for which the supervision occurred.
(h) The name and contact information for each employer of the licensee, the licensee's period of employment, and the nature of the work performed by the licensee during the time that the licensee has held the limited license.
(i) The dates the licensee tried to pass an examination required for licensure and number of attempts to pass the examination.
(j) Whether the licensee made a prior request under this section and, if yes, the department's decision on the request.
(k) The duration of the request.
(l) Any other information that the department considers necessary or appropriate.
(2) The department may approve not more than 3 requests from a licensee under this section during the licensee's license cycle. If the department approves a licensee's request under this section, the department shall toll the license cycle of the licensee for at least 1 month. However, the total time period for which a licensee's license cycle may be tolled under this section shall not exceed 1 year.
(3) The department, in consultation with the board, shall promulgate rules to implement this section.
Sec. 18233. (1) In addition to the requirements of part 161, the board may require a licensee seeking renewal of a license to furnish the board with satisfactory evidence that during the 2 years license cycle immediately preceding application for renewal the licensee has attended continuing education courses or programs approved by the board totaling not less than a number of hours established by rule of the board in subjects related to the practice of psychology and designed to further educate licensees.
(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. 18509. (1) Except as otherwise provided in section 18515, an individual granted a license under this part shall meet the following requirements:
(a) A licensed bachelor's social worker shall have been awarded a bachelor's degree in social work from a college or university social work program approved by the board and shall have completed at least 2 years of full-time postbachelor's degree experience, or the equivalent in part-time hours, in the practice of social work at the bachelor's level under the supervision of a licensed master's social worker. Until July 1, 2008, the required experience in the practice of social work at the bachelor's level shall be performed under the supervision of a person who has been awarded a master's or doctoral degree in social work from a college or university school of social work.
(b) A licensed master's social worker shall have been awarded a master's or doctoral degree in the field of social work from a college or university social work program approved by the board and shall have completed at least 2 years of full-time postmaster's or postdoctoral degree experience, or the equivalent in part-time hours, in the practice of social work at the master's level under the supervision of a licensed master's social worker. Until July 1, 2008, the required experience in the practice of social work at the master's level shall be performed under the supervision of a person who has been awarded a master's or doctoral degree in the field of social work from a college or university school of social work and has engaged in the practice of social work for not less than 2 years. In addition to the requirements set forth in this subdivision, a licensed master's social worker employed by a school district shall meet the requirements for employment as a school social worker contained in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, and the rules promulgated under that act.
(2) The board may grant a limited license to engage in the 2-year postdegree experience required under subsection (1) to an individual who has completed all the educational requirements for licensure as a bachelor's social worker or a master's social worker. A Except as otherwise provided in subsection (3), a limited license granted under this subsection is renewable for not more than 6 years.
(3) By not later than 5 years after the effective date of the amendatory act that added this subsection, the department shall promulgate rules under section 16194 to prescribe a 3-year license cycle for a limited license granted under subsection (2), which may be renewed for 1 additional 3-year term.