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.