Bill Text: MI SB0804 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Health; occupations; licensure program for clinical psychotherapists; establish. Amends secs. 18201, 18211, 18223, 18233 & 18237 of 1978 PA 368 (MCL 333.18201 et seq.).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-11-09 - Referred To Committee On Health Policy [SB0804 Detail]

Download: Michigan-2011-SB0804-Introduced.html

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SENATE BILL No. 804

 

 

November 9, 2011, Introduced by Senators EMMONS, PAPPAGEORGE, BOOHER, SCHUITMAKER and JONES and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 18201, 18211, 18223, 18233, and 18237 (MCL

 

333.18201, 333.18211, 333.18223, 333.18233, and 333.18237), section

 

18211 as amended by 2006 PA 395, section 18223 as amended by 2010

 

PA 121, section 18233 as amended by 1994 PA 234, and section 18237

 

as amended by 1998 PA 496.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 18201. (1) As used in this part:

 

     (a) "Clinical psychotherapist" means an individual licensed or

 

otherwise authorized under this article to engage in the practice

 

of psychotherapy.

 

     (b) (a) "Psychologist" means an individual licensed under this

 

article to engage in the practice of psychology.

 

     (c) (b) "Practice of psychology" means the rendering to

 

individuals, groups, organizations, or the public of services

 

involving the application of principles, methods, and procedures of

 

understanding, predicting, and influencing behavior for the

 

purposes of the diagnosis, assessment related to diagnosis,

 

prevention, amelioration, or treatment of mental or emotional

 

disorders, disabilities, or behavioral adjustment problems by means

 

of psychotherapy, counseling, behavior modification, hypnosis,

 

biofeedback techniques, psychological tests, or other verbal or

 

behavioral means. The practice of psychology shall does not include

 

the practice of medicine such as prescribing drugs, performing

 

surgery, or administering electro-convulsive therapy.

 

     (d) "Practice of psychotherapy" means the rendering to

 

individuals, groups, organizations, or the public of services

 

involving the application of principles, methods, and procedures of

 

understanding, predicting, and influencing behavior for the

 

purposes of the diagnosis, prevention, amelioration, or treatment

 

of mental or emotional disorders, disabilities, or behavioral

 

adjustment problems by means of psychotherapy, counseling, behavior

 

modification, hypnosis, biofeedback techniques, or other verbal or

 

behavioral means. The practice of psychotherapy does not include

 

the practice of medicine such as prescribing drugs, performing

 

surgery, or administering electro-convulsive therapy.

 

     (2) In addition to the definitions in this part, article 1

 

contains general definitions and principles of construction

 

applicable to all articles in this code and part 161 contains

 

definitions applicable to this part.

 

     Sec. 18211. (1) A person An individual shall not engage in the

 

practice of psychology unless licensed or otherwise authorized by

 

this article. Beginning on the effective date of rules promulgated

 

under section 18223(3), an individual shall not engage in the

 

practice of psychotherapy unless licensed or otherwise authorized

 

by this article.

 

     (2) The following words, titles, or letters or a combination

 

thereof, 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", "clinical psychotherapist", "licensed

 

clinical psychotherapist", and "limited licensed clinical

 

psychotherapist".

 

     Sec. 18223. (1) The board shall promulgate rules requiring

 

that an individual granted a license under this part to engage in

 

the practice of psychology, except as provided in subsection (2),

 

shall meet both of the following requirements:

 

     (a) Been granted a doctoral degree in psychology, or a

 

doctoral degree in a closely related field, from a regionally

 

accredited or other college, university, or institution approved by

 

the board, which 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 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

 

designation or becoming accredited as required in this subdivision

 

before August 1, 2011, and that obtains the designation or becomes

 

accredited on or before August 31, 2015, meets the requirements of

 

this subdivision.

 

     (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) This subsection does not apply on and after the effective

 

date of rules promulgated under subsection (3). In addition to

 

section 16182, the board shall grant a limited psychologist 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. 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 that will

 

lead the public to believe the individual is engaging in the

 

practice of psychology. A limited license granted under this

 

subsection shall be renewed pursuant to part 161. An individual

 

applying for a limited license pursuant to this subsection shall

 

have 1 year of supervised postgraduate experience in an organized

 

health care setting or other arrangement, as established by the

 

board. The individual shall 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. The board shall issue a

 

temporary license to the individual for the purpose of obtaining

 

the 1 year of postgraduate experience.

 

     (3) On or before the expiration of 1 year after the effective

 

date of the amendatory act that added this subsection, the board

 

shall promulgate rules to establish and administer a licensure

 

program for the practice of clinical psychotherapy. Beginning on

 

the effective date of rules promulgated under this subsection, the

 

board shall grant a license to engage in the practice of

 

psychotherapy, except as otherwise provided in this section, to an

 

individual who meets all of the following requirements:

 

     (a) He or she has been granted a master's degree in psychology

 

from a regionally accredited or other college, university, or

 

institution approved by the board, which included education and

 

training appropriate to the practice of psychotherapy.

 

     (b) He or she has not less than 6,000 hours of experience in

 

the practice of psychotherapy in an organized health care setting

 

or other arrangement, as established by the board. The board shall

 

only recognize hours that have been accumulated in not less than 3

 

years or more than 6 years under the supervision of a psychologist

 

who has a license other than a limited license. However, if a

 

psychologist who has a license other than a limited license is not

 

available, the board may approve that the supervision required

 

under this subdivision be by a clinical psychotherapist who has a

 

license other than a limited license, who has at least a master's

 

degree in psychology, and who has at least 3 years of experience in

 

the practice of psychotherapy. The board shall issue a limited

 

license to an individual who meets the other requirements of this

 

subsection for the purpose of obtaining the hours of experience

 

required under this subdivision.

 

     (c) Subject to standards included in the rules promulgated

 

under this subsection, he or she has passed the examination for

 

professional practice of psychology as developed by the association

 

of state and provincial psychology boards.

 

     (4) Until 1 year after the effective date of the rules

 

promulgated under subsection (3), the board shall grant a clinical

 

psychotherapy license to an individual who held a limited

 

psychologist license under subsection (2) on the effective date of

 

the rules promulgated under subsection (3).

 

     (5) Notwithstanding section 16182, an individual granted a

 

license to engage in the practice of psychotherapy under this part

 

shall not administer, produce, or distribute written or verbal

 

psychological testing, evaluations, or reports, or document or

 

distribute that psychological testing in a clinical record unless

 

supervised and countersigned by a psychologist who has a license

 

other than a limited license.

 

     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 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

 

or practice of psychotherapy, as appropriate, 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. 18237. A psychologist licensed or allowed to use that

 

title licensee under this part or an individual under his or her

 

supervision cannot be compelled to disclose confidential

 

information acquired from an individual consulting the psychologist

 

licensee in his or her professional capacity if the information is

 

necessary to enable the psychologist licensee to render services.

 

Information may be disclosed with the consent of the individual

 

consulting the psychologist licensee, or if the individual

 

consulting the psychologist licensee is a minor, with the consent

 

of the minor's guardian, pursuant to section 16222 if the

 

psychologist licensee reasonably believes it is necessary to

 

disclose the information to comply with section 16222, or under

 

section 16281. In a contest on the admission of a deceased

 

individual's will to probate, an heir at law of the decedent,

 

whether a proponent or contestant of the will, and the personal

 

representative of the decedent may waive the privilege created by

 

this section.