Bill Text: MI HB5785 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health occupations: psychologists; requirements for practice by limited licensed psychologist; modify. Amends secs. 18221, 18223, 18233 & 18237 of 1978 PA 368 (MCL 333.18221 et seq.).
Spectrum: Strong Partisan Bill (Democrat 29-2)
Status: (Introduced) 2024-06-06 - Bill Electronically Reproduced 06/06/2024 [HB5785 Detail]
Download: Michigan-2023-HB5785-Introduced.html
HOUSE BILL NO. 5785
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 18221, 18223, 18233, and 18237 (MCL 333.18221, 333.18223, 333.18233, and 333.18237), section 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.
the people of the state of michigan enact:
Sec. 18221. (1) The Michigan board of psychology is created in the department. and shall consist Except as otherwise provided in subsection (2), the board consists of the following 9 voting members who shall must meet the requirements of part 161: 5 psychologists, including at least 1 nondoctoral psychologist, and 4 public members. Section 1212 does not apply to this board.
(2) Beginning after the effective date of the amendatory act that added this subsection, all of the following apply to the members of the board described in subsection (1):
(a) The 4 public members shall continue in office for the remainder of their respective terms.
(b) When the term of office of the first 2 public members expires, the governor shall not appoint public members to fill the positions but shall instead, subject to part 161, appoint 2 psychologists who hold a limited license under section 18223(3) to fill the positions, thereby reducing the total number of public members on the board to 2 and increasing the total number of psychologists who hold limited licenses on the board to 3.
(c) When the term of office of the third public member expires, the governor shall not appoint a public member to fill that position but shall instead, subject to part 161, appoint 1 psychologist who holds a license under section 18223(1) to fill the position, thereby reducing the total number of public members on the board to 1 and increasing the number of psychologists who hold a license under section 18223(1) to 5.
(3) (2) The terms of office of individual members of the board created under this section, except those appointed to fill vacancies, expire 4 years after appointment on December 31 of the year in which the term expires.
(4) Section 1212 does not apply to the board.
Sec. 18223. (1) The department, in consultation with the board, shall promulgate rules requiring that to be require an individual who is granted a license under this part to engage in the practice of psychology to, except as provided in subsection (2), an individual must this section, meet both of the following requirements:
(a) Have Has been granted a doctoral degree in psychology, or a doctoral degree in a closely related field, from a doctoral degree program that meets all of the following requirements:
(i) Is offered by a regionally accredited or other college, university, or institution approved by the board, and includes education and training appropriate to the practice of psychology.
(ii) Has obtained the Association of State and Provincial Psychology Boards' national register designation, 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. However, a program that is in the process of obtaining the designation or becoming accredited as required in this subparagraph before August 1, 2011, and that obtains the designation or becomes accredited on or before August 31, 2020, meets the requirements of this subparagraph.
(b) Have Has 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) In addition to section 16182, the board shall grant a limited license to engage in the practice of psychology to an individual granted who has 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. An individual who applies for an initial limited license under this subsection before March 31, 2018 is not required to take an examination that is approved by the board to be granted a limited license under this part if the individual was granted a master's degree in psychology after January 1, 2007 but before June 30, 2010 from the college, university, or institution described in this subsection, the individual has continuously held the temporary license described in this section since it was initially granted by the board, and the disciplinary subcommittee has not imposed a sanction against the individual while holding the temporary license described in this section. Except for duties performed as an employee of a governmental entity or of a nonprofit organization serving benevolent and charitable purposes, the board shall place 2 limitations on a limited license granted to an individual under this subsection. The limitations must require supervision by a psychologist who has a license other than a limited license and must prohibit advertising or other representation to the public that will lead the public to believe the individual is engaging in the practice of psychology. A limited license granted under this subsection is renewable under part 161. An individual who is applying for a limited license under this subsection must have 1 year of supervised postgraduate experience in an organized health care setting or other arrangement, as established by the board. The individual postgraduate experience described in this subsection must 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. This subsection does not apply beginning on the effective date of the 2023 amendatory act that added subsection (3).
(3) Beginning on the effective date of the amendatory act that added this subsection, in addition to section 16182, the board shall grant a limited license to engage in the practice of psychology to an individual who has been granted a master's degree in psychology from a regionally accredited college, 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. An individual who is applying for a limited license under this subsection must have 2 years, totaling not less than 4,000 hours, of supervised postgraduate experience in an organized health care setting or other arrangement, as established by the board. The postgraduate experience described in this subsection must be supervised by a psychologist who is granted a license under subsection (1) or, if a psychologist who is granted a license under subsection (1) 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. An individual who is granted a limited license under this subsection may engage in the practice of psychology without supervision and shall perform an act, task, or function within the practice of psychology for which the individual is qualified by education, training, or experience. An individual who holds a limited license under this subsection shall not perform, offer to perform, or represent that the individual is qualified to perform any of the acts, tasks, or functions within the scope of practice of psychology that the individual is not qualified by education, training, or experience to perform, or that the individual is otherwise prohibited by law from performing. An individual who holds a limited license under subsection (2) on the effective date of the amendatory act that added this subsection is considered to hold a limited license under this subsection and is not subject to the limitations on the license as described in subsection (2).
(4) (3) The board shall grant a temporary license to an individual described in subsection (2) or (3) for the purpose of obtaining the 1 year of postgraduate experience described in that subsection. Beginning on March 31, 2018, a subsection (2) or (3). A temporary license granted under this subsection is valid for 24 months and may be renewed for 1 additional 24-month term. If an individual described in subsection (2) was granted a temporary license by the board before March 31, 2018, his or her the individual's temporary license may be renewed for 1 additional 24-month term.
(5) (4) The board shall grant a temporary license to an individual who is enrolled in a doctoral degree program that meets the requirements of subsection (1). Beginning on March 31, 2018, a temporary license granted under this subsection is valid for 24 months and may be renewed for 3 additional 24-month terms. If an individual enrolled in a doctoral program that meets the requirements of subsection (1) was granted a temporary license by the board before March 31, 2018, his or her the individual's temporary license may be renewed for 3 additional 24-month terms.
Sec. 18233. (1) In addition to the requirements of part 161, the board may shall 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 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 under this part or an individual under his or her supervision granted a license under section 18223(1) who is supervising a qualified temporary licensee cannot be compelled to disclose confidential information acquired from an individual consulting the psychologist in his or her the psychologist's professional capacity if the information is necessary to enable the psychologist to render services. Information may be disclosed with the consent of the individual consulting the psychologist described in this section, or if the individual consulting the psychologist is a minor, with the consent of the minor's guardian, pursuant to section 16222 if the psychologist 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. As used in this section, "qualified temporary licensee" means an individual who holds a temporary license under section 18223(4).
