Bill Text: MI HB4325 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health occupations: counselors; scope of practice for counselors; modify, and revise licensing requirements. Amends secs. 16201, 18101, 18107, 18111 & 18115 of 1978 PA 368 (MCL 333.16201 et seq.) & adds secs. 18106, 18112, 18114 & 18116.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-10-29 - Assigned Pa 96'19 With Immediate Effect [HB4325 Detail]
Download: Michigan-2019-HB4325-Introduced.html
HOUSE BILL No. 4325
March 12, 2019, Introduced by Reps. Miller, Rendon, Bellino and LaFave and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 18101, 18107, 18111, and 18115 (MCL 333.18101,
333.18107, 333.18111, and 333.18115), sections 18101 and 18111 as
added by 1988 PA 421, section 18107 as amended by 1989 PA 262, and
section 18115 as amended by 2006 PA 429, and by adding sections
18106 and 18116.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18101. As used in this part:
(a)
"Counseling "Clinical
counseling principles, methods, or
procedures"
means a developmental approach that systematically
assists
an individual through the application of any of the
following
procedures:
(i) Evaluation and appraisal techniques. As used in
this
subparagraph,
"appraisal techniques" means selecting,
administering,
scoring, and interpreting instruments and procedures
designed
to assess an individual's aptitudes, interests, attitudes,
abilities,
achievements, and personal characteristics for
developmental
purposes and not for psychodiagnostic purposes.
(ii) Exploring alternative solutions.
(iii) Developing and providing a counseling plan for
mental
and
emotional development.
(iv) Guidance.1 or more of the following:
(i) Psychotherapy, the diagnosis and treatment planning for
mental and emotional disorders, and evaluation.
(ii) Selecting, administering, scoring, and interpreting
assessments, tests, and appraisals that are designed to assess an
individual's aptitudes, interests, attitudes, abilities,
achievements, and personal characteristics in order to use
appraisal and diagnostic results in helping processes.
(iii) (v) Psychoeducational
consulting. As used in this
subparagraph, "psychoeducational consulting" means assisting a
consultee that is working with an individual, small group, or
organization by identifying problems, strengths, and weaknesses and
making recommendations for the implementation of preventative or
remedial strategies.
(vi) Learning theory.
(vii) Individual and group techniques emphasizing
prevention.
(iv) (viii) Counseling
techniques. As used in this
subparagraph:
(A) "Counseling techniques" means the application of basic
counseling and psychotherapy skills and theories in the counseling
process to establish and maintain the counseling relationship;
diagnose the problem; formulate a preventative, treatment, or
rehabilitative plan; and facilitate appropriate interventions.
(B) "Diagnose the problem" means to identify the problem
through the application of recognized counseling techniques and
psychotherapy skills and theories, including the use of the
Diagnostic and Statistical Manual for Mental Disorders, obtained
through the successful completion of a qualified program. Diagnose
the problem does not include the identification of other medical or
physical conditions if the identification is not included within
recognized counseling techniques and psychotherapy skills and
theories.
(v) (ix) Behavioral
modification techniques. As used
in this
subparagraph, "behavioral modification techniques" means assisting
clients in identifying maladaptive or harmful behaviors and
replacing them with adaptive and helpful behaviors.
(vi) (x) Referrals. Referral. As used in this
subparagraph,
referral
"referral" includes determining the need for referral to 1
or more statutorily regulated mental health professionals whose
expertise, skills, and competence are appropriate to the problems
of the individual, informing the individual of the referral, and
communicating as appropriate with the professional to whom the
individual has been referred.
(vii) Preventative techniques. As used in this subparagraph,
"preventative techniques" means assisting a client in maintaining
mental and emotional well-being and preventing emotional distress
and mental illness.
(viii) Establishing a counseling plan for the treatment of 1
or more of the following disorders of an individual, couple, group,
or family:
(A) An emotional disorder.
(B) A mental disorder.
(C) An addiction disorder.
(D) A physical disorder that requires a counseling
intervention.
(ix) Promoting mental health wellness. As used in this
subparagraph, "mental health wellness" includes, but is not limited
to, the achievement of social, career, and emotional development
across an individual's life span.
(x) Preventing and treating mental and emotional disorders. As
used in this subparagraph, "preventing and treating mental and
emotional disorders" includes, but is not limited to, the use of
crisis intervention.
(b) "Licensed professional counselor" means an individual who
is licensed under this article to engage in the practice of
counseling without supervision.
(c) "Limited licensed counselor" means an individual who has
been
granted a limited license by the board to offer engage in the
practice
of counseling services under the
supervision of a licensed
professional counselor who meets the requirement of section 18106.
(d)
"Practice Except as
otherwise provided in subdivision (e),
"practice of counseling" or "counseling" means the rendering to
individuals, groups, families, organizations, or the general public
in accordance with accepted and established ethics a service
involving
the application of clinical counseling principles,
methods, or procedures for the purpose of achieving social,
personal, career, and emotional development and with the goal of
promoting
and enhancing healthy self actualizing self-actualizing
and satisfying lifestyles whether the services are rendered in an
educational, business, health, private practice, or human services
setting.
(e) The practice of counseling does not include the practice
of psychology except for those preventive techniques, counseling
techniques, or behavior modification techniques for which the
licensed professional counselor or limited licensed counselor has
been specifically trained. The practice of counseling does not
include
the practice of medicine such as or osteopathic medicine
and surgery, including, but not limited to, the differential
diagnosis of medical conditions or disorders, prescribing drugs, or
administering electroconvulsive therapy. A counselor shall not hold
himself
or herself out as a any of
the following:
(i) A psychologist as defined in section 18201.
(ii) A counselor
shall not hold himself or herself out as a
marriage
and family counselor providing marriage counseling
pursuant
to section 1501 of the occupational code, Act No. 299 of
the
Public Acts of 1980, being section 339.1501 of the Michigan
Compiled
Laws.therapist as defined in
section 16901.
(iii) A licensed bachelor's social worker or a licensed
master's social worker as those terms are defined in section 18501.
(f) "Qualified program" means any of the following:
(i) A program that is accredited by the Council for the
Accreditation of Counseling and Related Educational Programs,
includes coursework and training in the diagnosis and treatment of
mental and emotional disorders, and is approved by the board.
(ii) A program that is not accredited by the Council for the
Accreditation of Counseling and Related Educational Programs,
includes coursework and training in the diagnosis and treatment of
mental and emotional disorders and all other coursework
requirements of the Council for the Accreditation of Counseling and
Related Educational Programs, including practicum and internship
requirements, and is approved by the board.
Sec. 18106. A licensed professional counselor shall not
supervise a limited licensed counselor without completing training
in supervision as required by the board by rule.
Sec. 18107. (1) The Subject to subsection (2), the board may
grant
a professional counselor license to an individual who is or
does
meets all of the following criteria:
(a) Is not less than 21 years of age.
(b) Has received, from an accredited college or university
approved
by the department, a masters master's or
doctoral degree
in
counseling or student personnel work in a program approved by
the
board. from a qualified program.
The board shall promulgate
rules
to establish standards to approve only those qualified
programs. that
include graduate studies in the following areas:
research,
group techniques, counseling theories, ethics, counseling
techniques,
counseling philosophy, testing procedures, career
development,
consulting, practicum, and internship.
(c) Has at least 2 years of counseling experience under the
supervision of a licensed professional counselor. The board may
decrease the required length of counseling experience under the
supervision of a licensed professional counselor to 1 year if an
applicant has completed 30 hours of graduate study in counseling
beyond the master's degree. An applicant shall not be licensed
before completing 1 year of counseling experience under the
supervision
of a licensed professional counselor. This subdivision
shall
take effect on October 1, 1994.
(2)
By October 1, 1993, an individual who meets the
requirement
of subsection (1)(a), has 2 years of experience, and
holds
a master's or doctoral degree in counseling or student
personnel
work that does not meet the requirements of subsection
(1)(b),
may be granted a license by the board.
(2) The board may promulgate rules under section 16145 as
necessary or appropriate to supplement the requirements for
licensure under this part as a licensed professional counselor,
including adopting updated standards of that organization or
standards of any successor organization of the Council for the
Accreditation of Counseling and Related Educational Programs.
Sec.
18111. (1) The Subject to
subsection (3), the board may
grant a limited license to an individual who meets both of the
following criteria:
(a) Is not less than 21 years of age.
(b) Has received, from an accredited college or university
approved
by the department, a masters master's
or doctoral degree
in
counseling or student personnel work in a program approved by
the
board. from a qualified program.
The board shall promulgate
rules
to establish standards to approve only
those qualified
programs. that
include graduate studies in the following areas:
research,
group techniques, counseling theories, ethics, counseling
techniques,
counseling philosophy, testing procedures, career
development,
consulting, practicum, and internship.
(2)
A limited license issued granted
under this section shall
must require that the individual confine his or her practice to a
program of counseling experience under the supervision of a
licensed professional counselor.
(3) The board may 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 that organization or
standards of any successor organization of the Council for the
Accreditation of Counseling and Related Educational Programs.
Sec. 18115. (1) This article does not limit an individual in,
nor prevent an individual from, the practice of a statutorily
regulated profession or occupation if counseling is part of the
services provided by that profession or occupation, and the
individual does not hold himself or herself out as a counselor
regulated under this article. As used in this subsection,
"statutorily regulated profession or occupation" includes, but is
not limited to, all of the following: a physician, attorney,
marriage and family therapist, debt management counselor, licensed
bachelor's social worker, licensed master's social worker, social
services
service technician, licensed psychologist, limited
licensed psychologist, temporary limited licensed psychologist, or
school counselor.
(2) This part does not apply to any of the following:
(a) An ordained member of the clergy if counseling is
incidental to his or her religious duties performed under the
auspices or recognition of a church, denomination, religious
association,
or sect, that has tax exempt tax-exempt
status
pursuant
to under section 501(c)(3) of the internal revenue code of
1986, 26 USC 501, if the member of the clergy does not hold himself
or herself out as a counselor licensed under this article.
(b) An individual who performs volunteer services for a public
or private nonprofit organization, church, or charity, if the
individual is approved by the organization or agency for which the
services are rendered.
(c) An individual who is employed by or who volunteers to work
in
a substance use disorder services
program licensed by the office
of
substance abuse services.department
under part 62.
(d)
A member of any other profession whose practice may
include
counseling principles, methods, or procedures from
practicing
his or her profession as long as he or she is trained in
that
profession and does not hold himself or herself out as a
counselor
providing counseling. As used in this subdivision,
"profession"
includes, but is not limited to, the fields of human
resources
development and organizational development.
(d) A Christian Science practitioner.
(3) Notwithstanding section 18105(3), this part does not
prohibit the use of the word "counselor" without the qualifying
words "licensed" or "professional" used in conjunction with the
word "counselor", except as otherwise provided by law.
Sec. 18116. This part does not require new or additional third
party reimbursement or mandated worker's compensation benefits for
services rendered by an individual licensed under this part.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
