Bill Text: MI HB5185 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health occupations: social workers; social work licensure requirements; modify, and include licensure for licensed clinical social workers. Amends secs. 16177, 16348, 18101 & 18501 of 1978 PA 368 (MCL 333.16177 et seq.). TIE BAR WITH: HB 5184'23
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced) 2023-10-24 - Bill Electronically Reproduced 10/19/2023 [HB5185 Detail]
Download: Michigan-2023-HB5185-Introduced.html
HOUSE BILL NO. 5185
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16177, 16348, 18101, and 18501 (MCL 333.16177, 333.16348, 333.18101, and 333.18501), section 16177 as amended by 2006 PA 481, sections 16348 and 18501 as amended by 2004 PA 61, section 18101 as amended by 2019 PA 96.
the people of the state of michigan enact:
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Sec. 16177. (1) An individual applying for licensure or registration under this article shall do so on a form provided by
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the department. The department shall require each applicant to include on the application form his or her social security the applicant's Social Security number. The department shall not display an applicant's social security Social Security number on his or her the applicant's license or registration. If the facts set forth in the application meet the requirements of the board or task force and this article for licensure or registration, the board or task force shall grant a license or registration to the applicant. A Except as otherwise provided in this article, a board or task force may require the applicant to take an examination to determine if the applicant meets the qualifications for licensure or registration. The examination shall must include subjects determined by the board or task force to be essential to the safe and competent practice of the health profession, the appropriate use of a title, or both. Passing scores or the procedure used to determine passing scores shall must be established before an examination is administered.
(2) In addition to the information required under subsection (1), an applicant for licensure or registration or a licensee or registrant applying for renewal shall include on a form provided by the department all of the following information, if applicable:
(a) A felony conviction.
(b) A misdemeanor conviction punishable by imprisonment for a maximum term of 2 years or a misdemeanor conviction involving the illegal delivery, possession, or use of alcohol or a controlled substance.
(c) Sanctions imposed against the applicant by a similar licensure, registration, certification, or disciplinary board of another state or country.
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(3) In addition to the information required under subsections (1) and (2), a physician, osteopathic physician, dentist, or podiatrist applying for licensure or renewal under this article shall report to the department on a form provided by the department the name of each hospital with which he or she the applicant is employed or under contract, and each hospital in which he or she the applicant is allowed to practice.
(4) In addition to the information required under subsections (1), (2), and (3), an applicant for licensure and, beginning the license renewal cycle after the effective date of the amendatory act that added section 16213, December 6, 2006, a licensee applying for renewal shall provide the department, on the application or the license renewal form, with an affidavit stating that he or she the applicant has a written policy for protecting, maintaining, and providing access to his or her the applicant's medical records in accordance with section 16213 and for complying with section 16213 in the event that he or she the applicant sells or closes his or her the applicant's practice, retires from practice, or otherwise ceases to practice under this article. The applicant or licensee shall make the written policy available to the department upon request.
(5) A requirement under this section to include a social security Social Security number on an application does not apply to an applicant who demonstrates he or she that the applicant is exempt under law from obtaining a social security Social Security number or to an applicant who for religious convictions is exempt under law from disclosure of his or her social security the applicant's Social Security number under these circumstances. The department shall inform the applicant of this possible exemption.
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Sec. 16348. Fees for a person an individual licensed or seeking licensure as a licensed bachelor's to engage in the practice of social worker or a licensed work at the bachelor's level, the practice of social work at the master's social worker level, or the practice of social work at the clinical level, or a person an individual registered or seeking registration as a registered social service technician under part 185 are as follows:
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(a) |
Application processing fee....................... |
$ |
15.00 |
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(b) |
License fee, per year: |
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(i) |
Licensed bachelor's social worker................ |
25.00 |
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(ii) |
Licensed master's social worker.................. |
25.00 |
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(iii) |
Licensed clinical social worker |
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25.00 |
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(c) |
Registration fee, per year, for a social service technician....................................... |
25.00 |
Sec. 18101. As used in this part:
(a) "Clinical counseling principles, methods, or procedures" means 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) 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
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remedial strategies.
(iv) 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 for the purposes of establishing and maintaining the counseling relationship; diagnosing the problem; formulating a preventative, treatment, or rehabilitative plan; and facilitating appropriate interventions.
(B) "Diagnosing the problem" means the identification of the problem through the application of recognized counseling techniques and psychotherapy skills and theories, including the use of the classifications and diagnoses in the Diagnostic and Statistical Manual for Mental Disorders, obtained through the successful completion of a qualified program. Diagnosing the problem does not include the identification of other medical or physical conditions.
(v) 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) Referral. As used in this subparagraph, "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
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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" means 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 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 under this article to engage in the practice of counseling under the supervision of a licensed professional counselor who meets the requirement of section 18106.
(d) 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 clinical counseling principles, methods, or procedures for the purpose of achieving social, personal, career, and emotional
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development and with the goal of promoting and enhancing healthy 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 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 any of the following:
(i) A psychologist as defined in section 18201.
(ii) A marriage and family therapist as defined in section 16901.
(iii) A licensed bachelor's social worker, or a licensed master's social worker, or a licensed clinical 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 department in consultation with 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
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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 department in consultation with the board.
Sec. 18501. (1) As used in this part:
(a) "Health facility" means a health facility or agency licensed under article 17 or a hospital, psychiatric hospital, or psychiatric unit licensed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(b) "Licensed bachelor's social worker" means an individual who is licensed under this article to engage in the practice of social work at the bachelor's level.
(c) "Licensed clinical social worker" means an individual who is licensed under this article to engage in the practice of social work at the clinical level.
(d) (c) "Licensed master's social worker" means an individual who is licensed under this article to engage in the practice of social work at the master's level.
(e) (d) "Practice of medicine" means that term as defined in section 17001.
(f) (e) "Practice of osteopathic medicine and surgery" means that term as defined in section 17501.
(g) (f) "Practice of social work at the bachelor's level" means, subject to subsections (2) and (4), (3), all of the following applied within the scope of social work values, ethics, principles, and skills:
(i) The application of social work theory, knowledge, methods, and ethics to restore or enhance social, psychosocial, or
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biopsychosocial functioning of individuals, couples, families, groups, organizations, or communities, with particular attention to the person-in-environment configuration.
(ii) Social work case management and casework, including assessments, planning, referral, and intervention with individuals, families, couples, groups, communities, or organizations within the context of social work values, ethics, principles, and skills.
(iii) Helping communities, organizations, individuals, or groups improve their social or health services by utilizing social work practice skills.
(iv) The administration of assessment checklists that do not require special training and that do not require interpretation.
(h) "Practice of social work at the clinical level" means, subject to subsection (4), all of the following applied within the scope of social work values, ethics, principles, and advanced skills:
(i) The advanced application of the knowledge of human development and behavior and social, economic, and cultural institutions.
(ii) The advanced application of macro social work processes and systems to improve the social or health services of communities, groups, or organizations through planned interventions.
(iii) The independent application of specialized clinical knowledge and advanced clinical skills in the areas of assessment, diagnosis, and treatment of mental, emotional, and behavioral disorders, conditions, and addictions. Treatment methods include the provision of advanced social work case management and casework and individual, couple, family, or group counseling and
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psychotherapy whether in private practice or other settings.
(i) (g) "Practice of social work at the master's level" means, subject to subsection (5), (4), all of the following applied within the scope of social work values, ethics, principles, and advanced skills:
(i) The advanced application of the knowledge of human development and behavior and social, economic, and cultural institutions.
(ii) The advanced application of macro social work processes and systems to improve the social or health services of communities, groups, or organizations through planned interventions.
(iii) The Through December 31, 2024, the application of specialized clinical knowledge and advanced clinical skills in the areas of assessment, diagnosis, and treatment of mental, emotional, and behavioral disorders, conditions, and addictions. Beginning January 1, 2025, the application of specialized clinical knowledge and skills in the areas of assessment, diagnosis, and treatment of mental, emotional, and behavioral disorders, conditions, and addictions under the supervision of a licensed clinical social worker. Treatment methods include the provision of advanced social work case management and casework and individual, couple, family, or group counseling and psychotherapy whether in private practice or other settings.
(j) (h) "Social service technician" means an individual registered under this article who is specially trained to practice only under the supervision of a licensed master's social worker or a licensed bachelor's social worker.
(2) An individual who performs 1 or more of the functions
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described in subdivision (f)(i) through (iv) subsection (1)(g)(i) to (iv) but not all of those functions is not considered engaged in the practice of social work at the bachelor's level.
(3) In addition to the definitions of 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.
(3) (4) The practice of social work at the bachelor's level does not include the practice of medicine or the practice of osteopathic medicine and surgery, including, but not limited to, the prescribing of drugs, the administration of electroconvulsive therapy, the practice of psychotherapy, and other advanced clinical skills pursuant to section 18501(g)(iii) under subsection (1)(i)(iii) or the administration or interpretation of psychological tests, except as otherwise provided in subdivision (f)(iv).subsection (1)(g)(iv).
(4) (5) The practice of social work at the master's level does and the practice of social work at the clinical level do not include the practice of medicine or the practice of osteopathic medicine and surgery, including, but not limited to, the prescribing of drugs or administration of electroconvulsive therapy.
(5) In addition to the definitions of 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.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5184 (request no. 02589'23) of the 102nd Legislature is enacted into law.
