SB-0641, As Passed Senate, December 4, 2018
SUBSTITUTE FOR
SENATE BILL NO. 641
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16111, 16343, 18201, 18211, 18221, 18223,
18233, and 18237 (MCL 333.16111, 333.16343, 333.18201, 333.18211,
333.18221, 333.18223, 333.18233, and 333.18237), section 16111 as
amended by 2006 PA 392, section 16343 as added by 1993 PA 79,
sections 18211 and 18221 as amended by 2006 PA 395, section 18223
as amended by 2018 PA 24, section 18233 as amended by 1994 PA 234,
and section 18237 as amended by 1998 PA 496, and by adding sections
18225, 18226, and 18236.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 16111. (1) This part applies to health professions, but,
2 except for sections 16201, 16261, 16299, 16301, 16303, 16305, and
3 16307, 16309, and 16313, does not apply to a
pharmacy, dispensing
1 prescriber, or drug manufacturer or wholesaler who is regulated by
2 part 177.
3 (2) Except as otherwise provided by this article, this part
4 controls over all other parts in this article.
5 (3) A part in this article does not prohibit a licensee under
6 another part or other law of this state from performing activities
7 and using designated titles authorized by a license issued to him
8 or her under that other part or other law of this state.
9 (4) A part in this article does not prohibit a registrant
10 under another part or other state law from using designated titles
11 authorized by a registration issued to him or her under that other
12 part or other state law.
13 (5) This article shall does not
prohibit a licensee from
14 advising a patient to seek professional services or advice from
15 another person.
16 Sec.
16343. Fees for a person an
individual who is licensed or
17 seeking licensure to engage in the practice of psychology or
18 practice of a psychological associate under part 182 are as
19 follows:
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20 |
(a) |
Application
processing fee............... $ |
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21 |
(b) |
License fee, per year: |
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22 |
(i) |
Full
doctoral........................... |
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23 |
(ii) |
Limited
doctoral........................ |
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24 |
(iii) |
Masters
limited......................... |
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25 |
(iv) |
Temporary
limited....................... |
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26 |
(v) |
Psychological associate...................... 60.00 |
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27 |
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(vi) |
Limited psychological associate.............. 60.00 |
Senate Bill No. 641 as amended December 4, 2018
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1 |
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(c) |
Limited license, per year............... |
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2 |
(d) |
Temporary license....................... |
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3 |
(e) |
Examination review fee.................. |
4 Sec. 18201. (1) As used in this part:
5 (a) "Psychologist" means an individual licensed under
this
6 article to engage in the practice of psychology.
7 (a) "Practice of a psychological associate" means rendering
8 psychotherapy services to individuals, groups, organizations, or
9 the public that involve the application of principles, methods, and
10 procedures of understanding, predicting, and influencing behavior
11 for the purposes of the diagnosis and intake assessment,
12 prevention, amelioration, or treatment of mental or emotional
13 disorders, disabilities, or behavioral adjustment problems by means
14 of psychotherapy, counseling, behavior modification, hypnosis,
15 biofeedback techniques, or other verbal or behavioral means.
16 Practice of a psychological associate does not include <<
17
18 the >>practice of medicine or osteopathic medicine and
19 surgery, including, but not limited to, prescribing drugs,
20 performing surgery, or administering electro-convulsive therapy.
21 <<
22
23 >>
24 (b) "Practice of psychology" means the
rendering services to
25 individuals, groups, organizations, or the public of services
26 involving that
involve the application of principles,
methods, and
27 procedures of understanding, predicting, and influencing behavior
1 for the purposes of the diagnosis, assessment related to diagnosis,
2 prevention, amelioration, or treatment of mental or emotional
3 disorders, disabilities or behavioral adjustment problems by means
4 of psychotherapy, counseling, behavior modification, hypnosis,
5 biofeedback techniques, psychological tests, psychometric
6 assessments, or other verbal
or behavioral means. The practice
7 Practice of psychology shall
does not include the practice of
8 medicine such as or
osteopathic medicine and surgery, including,
9 but not limited to, prescribing drugs, performing surgery, or
10 administering electro-convulsive therapy.
11 (c) "Psychological associate" means an individual who is
12 licensed or otherwise authorized under this article to engage in
13 the practice of a psychological associate.
14 (d) "Psychologist" means an individual who is licensed under
15 this article to engage in the practice of psychology.
16 (e) "Psychometric assessment" includes, but is not limited to,
17 an actuarially based instrument that allows statistical prediction
18 of psychological functioning.
19 (2) In addition to the definitions in this part, article 1
20 contains general definitions and principles of construction
21 applicable to all articles in this code and part 161 contains
22 definitions applicable to this part.
23 Sec. 18211. (1) A person An individual shall not
engage in the
24 practice of psychology unless he or she is licensed or otherwise
25 authorized by under
this article. An individual shall not engage in
26 the practice of a psychological associate unless he or she is
27 licensed or otherwise authorized under this article.
1 (2) The following words, titles, or letters or a combination
2 thereof, of the words,
titles, or letters, with or without
3 qualifying words or phrases, are restricted in use only to those
4 persons authorized under this part to use the terms and in a way
5 prescribed in this part: "consulting psychologist", "psychologist",
6 "psychological assistant", "psychological examiner", "licensed
7 psychologist", and "limited licensed
psychologist", "psychological
8 associate", "licensed psychological associate", and "limited
9 licensed psychological associate".
10 Sec. 18221. (1) The Michigan board of psychology is created in
11 the department and shall consist of the following 9 voting members,
12 who shall each of
whom must meet the requirements of part
161: 5 4
13 psychologists, including at least 1 nondoctoral psychologist or
14 psychological associate, and 4 public members.
15 (2) Section 1212 does not apply to this board.
16 (3) (2) The
terms of office of individual members of the board
17 created under this section, except those appointed to fill
18 vacancies, expire 4 years after appointment on December 31 of the
19 year in which the term expires.
20 Sec. 18223. (1) The department, in consultation with the
21 board, shall promulgate rules requiring that to be granted a
22 license under this part to engage in the practice of psychology,
23 except as provided in subsection (2), an individual must meet both
24 of the following requirements:
25 (a) Have been granted Hold a doctoral degree in
psychology, or
26 a doctoral degree in a closely related field, from a doctoral
27 degree program that meets all of the following requirements:
1 (i) Is offered by a regionally accredited or other college,
2 university, or institution approved by the board, and includes
3 education and training appropriate to the practice of psychology.
4 (ii) Has obtained the Association of State and Provincial
5 Psychology Boards' national register or National Register
6 designation, has been accredited by the American Psychological
7 Association or the Canadian Psychological Association, or has
8 obtained a similar designation from or been accredited by an entity
9 approved by the board. However, For purposes of this subparagraph,
10 a program that is in the process of obtaining the designation or
11 becoming accredited as required described in this
subparagraph
12 before August 1, 2011, and that obtains the designation or becomes
13 accredited on or before August 31, 2020, meets the requirements of
14 this subparagraph.
15 (b) Have not less than at least 1 year of
postdoctoral
16 experience in the practice of psychology in an organized health
17 care setting or other arrangement, as established by the department
18 in consultation with the board.
19 (2) This subsection does not apply after December 31, 2020. In
20 addition to section 16182, the board shall grant a limited license
21 to engage in the practice
of psychology to an individual granted
22 who holds a master's degree in psychology from a regionally
23 accredited college, or university, or institution approved by the
24 board, if the individual has education, training, and experience
25 appropriate to the practice of psychology, as established by the
26 department in consultation with the board. An individual who
27 applies for an initial limited license under this subsection before
1 March 31, 2018 is not required to take an examination that is
2 approved by the board to be granted a limited license to engage in
3 the practice of psychology under this part if the individual was
4 granted a master's degree in psychology after January 1, 2007 but
5 before June 30, 2010 from the college, university, or institution
6 described in this subsection, the individual has continuously held
7 the temporary license described in this section since it was
8 initially granted by the board, and the disciplinary subcommittee
9 has not imposed a sanction against the individual while holding the
10 temporary license described in this section. Except for duties
11 performed as an employee of a governmental entity or of a nonprofit
12 organization serving benevolent and charitable purposes, the board
13 shall place 2 limitations on a license granted to an individual
14 under this subsection. The limitations must require supervision An
15 individual who is granted a limited license under this subsection
16 must be supervised by a psychologist who has a license other than a
17 limited license and must prohibit advertising or other
18 representation to the public that will lead the public to believe
19 the individual is engaging in the practice of psychology. Except
20 when the individual is performing duties as an employee of a
21 governmental entity or of a nonprofit organization serving
22 benevolent and charitable purposes. A limited license granted under
23 this subsection is renewable under part 161. An individual who is
24 applying for a limited license under this subsection must have 1
25 year of supervised postgraduate experience in an organized health
26 care setting or other arrangement, as established by the department
27 in consultation with the board. The individual must be supervised
1 by a psychologist who has a license other than a limited license,
2 or if a psychologist who has a license other than a limited license
3 is not available, by a psychologist who has at least a master's
4 degree in psychology and at least 3 years of experience in the
5 practice of psychology or by any other individual approved by the
6 board.
7 (3) This subsection does not apply after December 31, 2020.
8 The board shall grant a temporary license to an individual
9 described in subsection (2) for the purpose of obtaining the 1 year
10 of postgraduate experience described in that subsection. Beginning
11 on March 31, 2018, a temporary license granted under this
12 subsection is valid for 24 months and may be renewed for 1
13 additional 24-month term. If an individual described in subsection
14 (2) was granted a temporary license by the board before March 31,
15 2018, his or her temporary license may be renewed for 1 additional
16 24-month term.
17 (4) This subsection does not apply after December 31, 2020.
18 The board shall grant a temporary license to an individual who is
19 enrolled in a doctoral degree program that meets the requirements
20 of subsection (1). Beginning on March 31, 2018, a temporary license
21 granted under this subsection is valid for 24 months and may be
22 renewed for 3 additional 24-month terms. If an individual enrolled
23 in a doctoral program that meets the requirements of subsection (1)
24 was granted a temporary license by the board before March 31, 2018,
25 his or her temporary license may be renewed for 3 additional 24-
26 month terms.
27 (5) Beginning January 1, 2021, if a temporary license granted
1 under subsection (3) or (4) has at least 1 renewal remaining, on
2 the expiration of the temporary license the board may grant the
3 individual who was granted the temporary license a limited license
4 as a psychological associate. A limited license that is granted
5 under this subsection is subject to the same limitations placed on
6 a limited license under section 18225(1)(a) and 18226, is valid for
7 24 months, and is renewable as follows:
8 (a) If the temporary license was granted under subsection (3),
9 the limited license is not renewable.
10 (b) If the temporary license was granted under subsection (4),
11 the limited license is renewable for 2 additional 24-month terms.
12 However, if the temporary license was previously renewed under
13 subsection (4), each renewal of the temporary license under that
14 subsection counts as 1 renewal of the limited license for purposes
15 of this subsection.
16 Sec. 18225. (1) Beginning January 1, 2021, the board shall
17 grant a license to engage in the practice of a psychological
18 associate to an individual who meets the requirements of section
19 16174 and the requirements of subsection (2), (4), or (5), as
20 applicable. Both of the following apply to a license as a
21 psychological associate:
22 (a) An individual who is granted a license as a psychological
23 associate under this section shall not make a representation to the
24 public that will lead the public to believe that the individual is
25 a psychologist.
26 (b) An individual who is granted a full license as a
27 psychological associate under subsection (4) or (5) may engage in
1 the practice of a psychological associate without supervision.
2 (2) The board shall grant a limited license as a psychological
3 associate to an individual who was not granted a temporary license
4 by the board under section 18223 on or before December 31, 2020,
5 and who meets either of the following requirements:
6 (a) Holds a master's degree in psychology from a regionally
7 accredited or board-approved college, university, or institution,
8 the preparation for which included education and training
9 appropriate to engage in the practice of a psychological associate.
10 (b) Has provided the board with a statement verifying that he
11 or she has met the requirements for a master's degree from a
12 regionally accredited or board-approved college, university, or
13 institution, the preparation for which included education and
14 training appropriate to engage in the practice of a psychological
15 associate, and he or she is enrolled in a doctoral program that
16 meets the requirements of section 18223(1).
17 (3) The following apply to a limited license granted under
18 subsection (2):
19 (a) The individual who is granted the limited license shall
20 only engage in the practice of psychological associate under the
21 supervision of a psychologist. However, if a psychologist is not
22 available, the board may authorize a psychological associate who
23 meets all of the following requirements to provide the supervision
24 required under this subdivision:
25 (i) He or she holds a license other than a limited license.
26 (ii) He or she has at least 3 years of experience as a fully
27 licensed psychological associate.
1 (iii) He or she has not been subject to disciplinary action
2 under section 16226 for a period of at least 3 years before
3 providing the supervision required under this subdivision.
4 (b) The limited license is valid for 2 years and, subject to
5 subdivision (c), is renewable as follows:
6 (i) For an individual described in subsection (2)(a), for 1
7 additional 2-year period.
8 (ii) For an individual described in subsection (2)(b), for 3
9 additional 2-year periods.
10 (c) The board may renew a limited license granted under
11 subsection (2) for 1 additional 2-year period if the individual
12 demonstrates to the satisfaction of the board that, due to a
13 hardship, the individual needs time beyond the time described in
14 subdivision (b) to fulfill the requirements for initial licensure
15 as a psychological associate under subsection (4) or a
16 psychologist.
17 (4) The board shall grant a full license as a psychological
18 associate to an individual who meets all of the following
19 requirements:
20 (a) He or she holds a master's degree in psychology from a
21 regionally accredited or board-approved college, university, or
22 institution, the preparation for which included education and
23 training appropriate to engage in the practice of a psychological
24 associate.
25 (b) He or she has at least 4,000 hours of supervised
26 experience in the practice of a psychological associate as
27 described in subsection (3)(a) in an organized health care setting
1 or other arrangement, as established by the department in
2 consultation with the board.
3 (c) He or she has passed an examination for professional
4 practice in psychology that is approved by the board.
5 (5) The board shall grant a full license as a psychological
6 associate to an individual who held a limited license under section
7 18223(2) on December 31, 2020 and who maintained the limited
8 license in good standing through the effective date of the
9 amendatory act that added this section.
10 Sec. 18226. Notwithstanding section 16182, an individual who
11 is granted a license to engage in the practice of a psychological
12 associate under this part shall not administer, produce, or
13 distribute written or verbal psychometric assessments, evaluations,
14 or reports, or document or distribute the psychometric assessments,
15 evaluations, or reports in a clinical record unless supervised and
16 countersigned by a psychologist who has a license other than a
17 limited license. An individual licensed as a psychological
18 associate may use nonpsychometric intake assessment tools,
19 including, but not limited to, checklists and symptom rating
20 scales.
21 Sec. 18233. (1) In addition to the requirements of part 161,
22 the department, in
consultation with the board, may require
23 promulgate rules requiring 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
programs
27 that are designed to further educate licensees and are approved by
1 the board. totaling not less than a The department, in consultation
2 with the board, may promulgate rules establishing 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.for
continuing education courses or programs
6 required under this subsection.
7 (2) As required under section 16204, the The department, in
8 consultation with the board, shall promulgate rules requiring each
9 applicant for license renewal to complete as part of the continuing
10 education requirement of subsection (1) an appropriate number of
11 hours or courses in pain and symptom management.
12 Sec. 18236. The amendments to this part made by the amendatory
13 act that added this section do not require new or additional third-
14 party reimbursement or mandated worker's compensation benefits for
15 services rendered by an individual who is licensed as a
16 psychological associate under this part.
17 Sec. 18237. A psychologist licensed or allowed to use that
18 title licensee under this part or an individual under his or her
19 supervision cannot be compelled to disclose confidential
20 information acquired from an individual consulting the psychologist
21 licensee in his or her professional capacity if the information is
22 necessary to enable the psychologist licensee to
render services.
23 Information may be disclosed with the consent of the individual
24 consulting the psychologistlicensee, or if the
individual
25 consulting the psychologist licensee is a minor, with
the consent
26 of the minor's guardian, pursuant to section 16222 if the
27 psychologist licensee
reasonably believes it is necessary to
1 disclose the information to comply with section 16222, or under
2 section 16281. In a contest on the admission of a deceased
3 individual's will to probate, an heir at law of the decedent,
4 whether a proponent or contestant of the will, and the personal
5 representative of the decedent may waive the privilege created by
6 this section.