February 16, 2006, Introduced by Reps. Gleason, Stahl, Moolenaar, Stewart, Hummel, Gosselin, Marleau, Wojno, Sheltrown, LaJoy, Nofs, Lipsey, Emmons, Meyer, Vander Veen, Hildenbrand, Moore, Garfield, Kahn, Sheen, Mortimer, Shaffer, David Law, Kooiman, Elsenheimer and Lemmons, III and referred to the Committee on Family and Children Services.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16901, 16903, and 16905 (MCL 333.16901,
333.16903, and 333.16905), as added by 1995 PA 126.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16901. (1) As used in this part:
(a) "Advertise" means issuing or ordering the printing or
distribution of a card, sign, or device or causing, permitting, or
allowing a sign or marking on or in a building or structure, or
placing material in a newspaper, magazine, or directory, or on
radio or television. Advertise does not include unpaid public
awareness campaigns or educational or promotional materials by
individuals exempt from this part under section 16905.
(b) "Marriage and family therapist" means an individual
licensed under this article to engage in the practice of marriage
and family therapy.
(c) "Practice of marriage and family therapy" means the
providing of guidance, testing, discussions, therapy, instruction,
or advice that is intended to avoid, eliminate, relieve, manage, or
resolve individual, marital, or family conflict or discord, to
create, improve, or restore individual, marital, or family harmony,
or to prepare couples for marriage. Practice of marriage and family
therapy does not include the administration and interpretation of
psychological tests except for those tests that are consistent with
the individual's education and training and with the code of ethics
for licensed marriage and family therapists.
(2) 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.
Sec. 16903. (1) An individual licensed under this part as a
marriage and family therapist shall use only the title "licensed
marriage and family therapist" or "licensed marriage counselor" or
the abbreviation "l.m.f.t." in representing his or her services in
the practice of marriage and family therapy to the public.
(2)
Unless exempt under section 16905(3) 16905(4), only an
individual licensed under this part may advertise that he or she
offers marriage and family therapy; marriage or family counseling
service or advice; marriage or family guidance service or advice;
marriage or family relations service or advice; marriage or family
problems service or advice; marriage or family relations advice or
assistance; service in the alleviation of a marital or family
problem; or service of similar import or effect that is included in
the practice of marriage and family therapy. This part does not
prohibit an individual exempt under section 16905 from issuing
unpaid public awareness campaigns or educational or promotional
materials.
(3) The board may grant a limited license to an individual who
has
met the requirements of section 16909(a) and (b) 16909(1)(a)
and (b) in order to permit that individual to obtain the experience
required
under section 16909(c) 16909(1)(c). The board shall not
renew a limited license for more than 6 years. A limited licensee
shall do all of the following:
(a) Use only the title "limited licensed marriage and family
therapist" or "limited licensed marriage counselor".
(b) Not represent that he or she is engaged in the independent
practice of marriage and family therapy.
(c) Practice only under the supervision of a fully licensed
marriage and family therapist.
(d) Confine his or her practice to an organized health care
setting or other arrangement approved by the board.
(4) An individual engaged in obtaining experience required
under
section 16909(b) 16909(1)(b) may use the title "marriage
and family therapist intern" or "marriage and family therapist
trainee" during the training period. The board shall not require an
individual
obtaining experience required under section 16909(b)
16909(1)(b) to hold a limited license.
Sec. 16905. (1) This part does not apply to an individual
engaged in the practice of social work at the bachelor's or
master's
level as defined in section 1601 of
the occupational
code,
Act No. 299 of the Public Acts of 1980, being section
339.1601
of the Michigan Compiled Laws 18501,
in the course of
employment with a governmental agency or a reputable social service
agency regularly providing social work services as an agency.
(2) This part does not apply to a service provider who is an
ordained
cleric or other religious practitioner who is employed by
or
working under the authority of an organization exempt from
taxation
under section 501(c)(3) of the internal revenue code of
1986,
26 U.S.C. 501, if the advice or counsel given by the cleric
or
other religious practitioner is incidental to his or her duties
as
a cleric or other religious practitioner, and provides
advice,
guidance, or teaching based on his or her religious beliefs,
creeds, or doctrines if the cleric or other religious practitioner
does not hold himself or herself out to the public as a marriage
and family therapist licensed under this article or use 1 or more
of
the titles listed in section 16263(1)(p) 16263(1)(q) and if no
fee or donation is exacted for the service. This part does not
prohibit a service provider from accepting a voluntary
contribution.
(3) This part does not apply to an ordained cleric or other
religious practitioner who has been authorized by law to officiate
at a marriage if that person provides, in writing, an affidavit
clearly stating that the provider is a member of the clergy or a
religious practitioner, is not a marriage and family therapist
licensed under this article, and does not use 1 or more of the
titles listed in section 16263(1)(q), and that the advice,
guidance, or teaching is based on the religious beliefs, creeds, or
doctrines of the provider.
(4) (3)
This part does not apply to a
physician licensed
under this article who has completed an accredited psychiatric
residency program approved by the Michigan board of medicine or to
a psychologist fully licensed under this article, if both of the
following circumstances exist:
(a) The individual is practicing his or her profession in a
manner consistent with his or her education and training and is
practicing in a manner consistent with the code of ethics of that
profession.
(b) The individual does not hold himself or herself out to the
public as a marriage and family therapist licensed under this
article
or use any of the titles listed in section 16263(1)(p)
16263(1)(q) for advertising purposes. However, this This
subdivision does not prohibit the individual from advertising under
a telephone or other business directory listing that uses those
titles if the individual discloses in the listing, in an
unabbreviated fashion, the profession in which he or she is
licensed.
(5) (4)
This part does not limit an
individual in, or
prevent an individual from, the practice of a statutorily regulated
profession or occupation if services to families, couples, or
subsystems of families are part of the services provided by that
profession or occupation, and if the individual does not hold
himself or herself out to the public as a marriage and family
therapist licensed under this article or use 1 or more of the
titles
listed in section 16263(1)(p) 16263(1)(q). As used in this
subsection, "statutorily regulated profession or occupation" means
an occupation or profession regulated by statute that includes, but
is
not limited to, all of the following: a physician, attorney,
social
worker, certified social worker, social work technician,
fully licensed psychologist, limited licensed psychologist,
temporary limited licensed psychologist, licensed professional
counselor,
limited licensed counselor, or school counselor,
social worker, licensed master's social worker, licensed bachelor's
social worker, or social service technician as prescribed under
article 15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
Enacting section 1. This amendatory act takes effect October
1, 2005.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5699(request no.
03380'05).
(b) Senate Bill No.____ or House Bill No. 5700(request no.
03381'05).
(c) Senate Bill No.____ or House Bill No. (request no.
03382'05).
(d) Senate Bill No.____ or House Bill No. (request no.
03383'05).
(e) Senate Bill No.____ or House Bill No. (request no.
03384'05).
(f) Senate Bill No.____ or House Bill No. 5703(request no.
03481'05).