DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

DIRECTOR’S OFFICE

 

COUNSELING - GENERAL RULES

 

Filed with the secretary of state on

 

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

 

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16141, 16145, 16148, 16201, 16287, 18101, 18106, 18107, and 18111 of the public health code, 1978 PA 368, MCL 333.16141, 333.16145, 333.16148, 333.16201, 333.16287, 333.18101, 333.18106, 333.18107, and 333.18111, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 338.3501, 445.2001, 445.2011, 445.2025, and 445.2030)

 

R 338.1761, R 338.1763, R 338.1771, R 338.1772, and R 338.1781 of the Michigan Administrative Code are amended, as follows:

 

 

PART 2.  EDUCATION

 

 

R 338.1761  Accreditation standards; higher education institutions; adoption by

  reference.

  Rule 61.  (1) The standards for recognition of accrediting organizations developed and adopted by the Council for Higher Education Accreditation (CHEA), One Dupont Circle NW, Suite 510, Washington, District of Columbia D.C. 20036, in the publication titled “CHEA Standards and Procedures for Recognition,” effective October 4, 2021, which are available at no cost on the council’s website at https://www.chea.org, are approved and adopted by reference.

  (2) The criteria for recognition and process for the secretary’s recognition of accrediting agencies of the United States Department of Education, Office of Postsecondary Education, 400 Maryland Avenue, SW, Washington, District of Columbia D.C. 20202, in 34 CFR 602.10 to 602.39, effective July 1, 2020, which are available at no cost on the department’s United States Department of Education’s website at https://www2.ed.gov/about/offices/list/ope/index.html, https://www.ed.gov/, are approved and adopted by reference.

  (3) The procedures and standards for counsellor education programs at the master’s level developed and adopted by the Canadian Counselling and Psychotherapy Association’s (CCPA) Council on Accreditation of Counsellor Education Programs, 202-245 Menten Place, Ottawa, Ontario, K2H 9E8, in the publication titled “CCPA Accreditation Procedures and Standards for Master’s Level Counsellor Education Counselling Programs at the Master’s Level in Canada,” approved May 2002, August 17, 2022, which are available at no cost on the association’s website at https://www.ccpa-accp.ca, are approved and adopted by reference.

  (4) Copies of the standards in this rule are available for inspection and distribution at a cost of 10 25 cents per page from the Board of Counseling, Bureau of Professional Licensing, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa Street, Lansing, Michigan 48909.

 

R 338.1763  Accreditation standards; counselor training programs; adoption by reference.

  Rule 63.  (1) The standards for accrediting master’s-level counseling degree programs and doctoral-level counseling or counselor education and supervision programs developed and adopted by CACREP, 500 Montgomery Street, Suite 350, Alexandria, Virginia 22314, in the publication titled “Council for Accreditation of Counseling and Related Educational Programs (CACREP), 2016 2024 Standards,” which are available at no cost on the council’s website at https://www.cacrep.org, are approved and adopted by reference.

  (2) The standards for accrediting master’s-level counseling degree programs and doctoral-level counseling or counselor education and supervision programs developed and adopted by CACREP, 500 Montgomery Street, Suite 350, Alexandria, Virginia 22314, in the publication titled “Council for Accreditation of Counseling and Related Educational Programs (CACREP), 2009 2016 Standards,” which are available at no cost on the council’s website at https://www.cacrep.org, are approved and adopted by reference.

  (3) Copies of the standards in this rule are available for inspection and distribution at a cost of 10 25 cents per page from the Board of Counseling, Bureau of Professional Licensing, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa Street, Lansing, Michigan 48909.

 

 

PART 3.  LICENSURE

 

 

R 338.1771  Training standards for identifying victims of human trafficking;

  requirements.

  Rule 71.  (1) Under section 16148 of the code, MCL 333.16148, an individual

seeking licensure shall complete training in identifying victims of human trafficking that satisfies the following standards:

   (a) Training content must cover all the following:

    (i) Understanding the types and venues of human trafficking in the United States.

    (ii) Identifying victims of human trafficking in healthcare settings.

    (iii) Identifying the warning signs of human trafficking in healthcare settings for adults and minors.

    (iv) Identifying resources for reporting the suspected victims of human trafficking.

   (b) Acceptable providers or methods of training include any of the following:

    (i) Training offered by a nationally recognized or state-recognized health-related organization.

    (ii) Training offered by, or in conjunction with, a state or federal agency.

    (iii) Training obtained in an educational program that has been approved for initial licensure or registration, or by a college or university.

    (iv) Reading an article related to the identification of victims of human trafficking that satisfies the requirements of subdivision (a) of this subrule and is published in a peer-reviewed journal, healthcare journal, or professional or scientific journal.

   (c) Acceptable modalities of training include any of the following:

    (i) Teleconference or webinar.

    (ii) Online presentation.

    (iii) Live presentation.

    (iv) Printed or electronic media.

  (2) The department may select and audit a sample of individuals and request

documentation of proof of completion of training.  If audited by the department, an

individual shall provide an acceptable proof of completion of training, including either of the following:

   (a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.

   (b) A self-certification statement by an individual.  The certification statement must include the individual’s name and either of the following:

    (i) For training completed under subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.

    (ii) For training completed under subrule (1)(b)(iv) of this rule, the title of the article, author, publication name of the peer-reviewed journal, healthcare journal, or professional or scientific journal, and date, volume, and issue of publication, as applicable.

  (3) Under section 16148 of the code, MCL 333.16148, the requirements specified in subrule (1) of this rule apply for license renewals beginning with the 2016 renewal cycle and for initial licenses issued after March 17, 2021.

 

R 338.1772  Application requirements; limited licenses; disclosure of supervision

  requirement.

  Rule 72.  An applicant for a limited licensed counselor license shall satisfy the requirements of the code, the rules promulgated under the code, and all the following requirements:

  (a) Provide the required fee and a completed application on a form provided by the department.

  (b) Provide proof, as directed by the department, verifying completion of a master’s or doctoral degree in a program that satisfies the requirements under R 338.1765.

  (c) Provide a professional disclosure statement with the application for a limited license, as required under section 18113(3) of the code, MCL 333.18113.  In addition to the information required under section 18113(2) of the code, MCL 333.18113, The the limited licensed counselor’s professional disclosure statement, when provided to the client, must include all the following information: state that the limited licensed counselor shall practice under the supervision of a licensed professional counselor in this state in good standing.  In addition to the requirements under section 18113 of the code, MCL 333.18113, the disclosure statement must identify the licensed professional counselor in this state that is supervising the limited licensed counselor’s practice.

    (i) A statement that the limited licensed counselor shall practice under the supervision of a licensed professional counselor in this state in good standing.

    (ii) The name, business address, and telephone number of the licensed professional counselor who holds a license in this state that is supervising the limited licensed counselor’s practice.

    (iii) A signed statement from the supervising licensed professional counselor about the licensed professional counselor’s supervising qualifications, including how the supervising licensed professional counselor in this state satisfies the requirements in R 338.1781(1) and (2).

  (d) In addition to the professional disclosure statement required under section 18113(3) of the code, MCL 333.18113, and subrule (c) of this rule, the applicant shall provide a separate statement to the department, identifying the licensed professional counselor in this state that is supervising the limited licensed counselor’s practice and the licensed professional counselor’s supervising qualifications, including how the supervising licensed professional counselor in this state satisfies the requirements in R 338.1781(1) and (2).  Any changes to the statement must be filed with the department within 30 days after the changes are made.  The requirements under this subrule are effective 90 days after the promulgation of this revised rule.

 

 

PART 4.  SUPERVISOR TRAINING

 

 

R 338.1781  Requirements to provide counseling supervision.

  Rule 81.  (1) Before providing counseling supervision, a licensed professional counselor shall satisfy 1 of the following requirements:

   (a) Provided supervision for the first time on or before January 1, 2013, completed training in the function of counseling supervision, and acquired not less than 3 years post-master’s practice in counseling.

   (b) Provided supervision for the first time after January 1, 2013, and before March May 5, 2022, completed training in the function of counseling supervision that satisfies the requirements of subrule (2) of this rule, and acquired not less than 3 years of post-master’s practice in counseling.

   (c) Provided supervision for the first time on or after May 5, 2022, completed training in the function of counseling supervision that satisfies the requirements of subrule (2) of this rule, and acquired not less than 5 years of post-master’s practice in counseling.

   (d) Currently holds the Approved Clinical Supervisor (ACS) credential from the CCE.

  (2) Training in the function of counseling supervision must include both of the following requirements:

   (a) Specialized training that includes 1 of the following:

    (i) Two semester hours of graduate credit in training in counseling supervision.

    (ii) Thirty contact hours of workshop training in counseling supervision.

   (b) The specialized training specified in subdivision (a) of this subrule must include studies in all the following topics:

    (i) Roles and functions of counseling supervisors.

    (ii) Models of counseling supervision.

    (iii) Mental health-related professional development.

    (iv) Methods and techniques in counseling supervision.

    (v) Supervisory relationship issues.

    (vi) Cultural issues in supervision.

    (vii) Group supervision.

    (viii) Legal and ethical issues in counseling supervision.

    (ix) Evaluation of supervisee and the supervision process.

  (3) Before the onset of supervision, a licensed professional counselor shall provide a supervisee with a written statement that addresses the licensee’s supervising qualifications, including how the licensee satisfies the requirements in subrules (1) and (2) of this rule.

  (4) A licensee that provides counseling supervision shall keep ongoing documentation including, but not limited to, performance and clinical notes, for each supervisee on the supervision being provided.