December 16, 2014, Introduced by Rep. McMillin and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 18211, 18221, and 18223 (MCL 333.18211,
333.18221, and 333.18223), sections 18211 and 18221 as amended by
2006 PA 395 and section 18223 as amended by 2010 PA 121.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18211. (1) A person shall not engage in the practice of
psychology unless licensed or otherwise authorized by this article.
(2) The following words, titles, or letters or a combination
thereof,
of words, titles, or letters,
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", "temporary
limited licensed psychologist", "temporary limited licensed masters
psychologist", "licensed masters psychologist", "l.l.p.",
"t.l.l.p.", "t.l.l.m.p.", and "l.m.p.".
Sec. 18221. (1) The Michigan board of psychology is created in
the
department and, shall consist subject to subsection (3),
consists
of the following 9 voting members who shall
meet the
requirements
of part 161: 5 psychologists , including at least 1
nondoctoral
psychologist, and 4 public members.
Section 1212 does
not
apply to this board.
(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 December 31 of the
year in which the term expires.
(3) For the 5 psychologist board members under subsection (1),
at least 2 must be psychologists licensed under section 18223(1)
who hold doctoral degrees and at least 2 must be psychologists
licensed under section 18223(2) who hold master's degrees. For the
fifth psychologist board member, the board shall promulgate rules
to establish a process to periodically reallocate that member of
the board based on the proportionate share of the number of
psychologists licensed under section 18223(1) who hold doctoral
degrees and the number of psychologists licensed under section
18223(2) who hold master's degrees. A member of the board who holds
office on the effective date of the amendatory act that added this
subsection or the effective date of rules promulgated under this
subsection, as appropriate, may continue in office until he or she
resigns or otherwise vacates the office or until the expiration of
his or her term.
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 otherwise
provided
in subsection (2), shall this
section, to meet both 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
doctoral degree program that meets both of the following
requirements:
(i) Is offered by a regionally accredited or other college,
university, or institution approved by the board, which program
included education and training appropriate to the practice of
psychology.
Additionally, beginning August 1, 2011, the doctoral
degree
in psychology, or the doctoral degree in a closely related
field,
shall be from a program that has
(ii) Has obtained the association of state and provincial
psychology boards' national register designation or 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.
For purposes of the requirement added by the amendatory act
that
added this sentence, 2010 PA
121, a program that is in the
process
of obtaining this the designation or becoming accredited as
required
in this subdivision subparagraph
before August 1, 2011,
and that obtains the designation or becomes accredited on or before
August 31, 2015, meets the requirements of this
subdivision.subparagraph.
(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) 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, 2 limitations shall be
placed
on a 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 will lead
the
public to believe the individual is engaging in the practice of
psychology.
As provided in subsections
(4) and (5), an individual
who holds a limited license under this subsection on the effective
date of the amendatory act that added this sentence is not subject
to the limitations that required supervision and prohibited
advertisement or other representation to the public that were
placed on that limited license under this subsection before the
effective date of the amendatory act that added this sentence. A
limited
license granted under this subsection shall be renewed is
renewable
pursuant to part 161. An individual applying
who applies
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
(3) The board shall issue a temporary limited license to an
individual for the purpose of obtaining the 1 year of postgraduate
experience described in subsection (2). An individual who holds a
temporary limited license under this subsection 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 is licensed
under either subsection (1) with a
doctoral degree or subsection (2) with a master's degree, and who
has 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.
(4) Notwithstanding any provision of this act or rules
promulgated under this act to the contrary, an individual who holds
a limited license under subsection (2) is licensed to practice
independently and without supervision. An individual who holds a
limited license under subsection (2) shall perform only the acts,
tasks, or functions within the scope of practice of psychology for
which he or she is qualified by education, training, or experience.
An individual who holds a limited license under subsection (2)
shall not perform, offer to perform, or represent that he or she is
qualified to perform any of the acts, tasks, or functions within
the scope of practice of psychology that he or she is not qualified
by education, training, or experience to perform or that he or she
is otherwise prohibited by law from performing.
(5) Notwithstanding any provision of this act or rules
promulgated under this act to the contrary, an individual who holds
a limited license under subsection (2) may advertise in the same
manner described in R 338.2514 of the Michigan administrative code
for an individual who holds a license under subsection (1). An
individual who holds a limited license under subsection (2) may
advertise or make other representation that he or she is engaged in
the practice of psychology as authorized under this part and may
use, as applicable to him or her, the words, titles, or letters or
combination of words, titles, or letters protected under section
18211. An individual who holds a limited license under subsection
(2) shall not use the words, titles, or letters or combination of
words, titles, or letters protected under section 18211 if they are
not applicable to him or her.