HOUSE BILL No. 4274
February 11, 1997, Introduced by Reps. Gubow, Anthony, Gire, Leland, Martinez and Schroer and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16131, 16146, and 16263 (MCL 333.16131,
333.16146, and 333.16263), sections 16131 and 16263 as amended by
1995 PA 126 and section 16146 as amended by 1988 PA 462, and by
adding section 16348 and part 185; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 16131. The terms of office of individual members of
2 the boards and task forces, except those appointed to fill vacan-
3 cies, shall expire 4 years after appointment as follows:
4 Nursing June 30
5 Optometry June 30
6 Pharmacy June 30
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1 Podiatric medicine and surgery June 30
2 Dentistry June 30
3 Chiropractic December 31
4 Counseling June 30
5 Marriage and family therapy June 30
6 Medicine December 31
7 Occupational therapists December 31
8 Osteopathic medicine and surgery December 31
9 Physical therapy December 31
10 Psychology December 31
11 Sanitarians December 31
12 SOCIAL WORK DECEMBER 31
13 Veterinary medicine December 31
14 Sec. 16146. (1) A board shall grant a license or registra-
15 tion to an applicant meeting the requirements for the license or
16 registration as prescribed in this article and the rules promul-
17 gated under this article.
18 (2) A board which THAT grants licenses may DO ALL OF THE
19 FOLLOWING:
20 (a) Certify licensees in those health profession specialty
21 fields within its scope of practice which THAT are established
22 in this article.
23 (b) Reclassify licenses on the basis of a determination that
24 the addition or removal of conditions or restrictions is
25 appropriate.
26 (C) IF GRANTED THE AUTHORITY TO DO SO IN THE PART IN WHICH
27 THE BOARD IS CREATED, GRANT A REGISTRATION PURSUANT TO SUBSECTION
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1 (1). A LICENSURE BOARD THAT GRANTS A REGISTRATION UNDER THIS
2 SUBDIVISION IS A LICENSURE BOARD AND NOT A REGISTRATION BOARD FOR
3 PURPOSES OF THIS ARTICLE.
4 Sec. 16263. (1) Except as provided in subsection (2), the
5 following words, titles, or letters or a combination thereof,
6 with or without qualifying words or phrases, are restricted in
7 use only to those persons authorized under this article to use
8 the terms and in a way prescribed in this article:
9 (a) "Chiropractic", "doctor of chiropractic",
10 "chiropractor", "d.c.", and "chiropractic physician".
11 (b) "Dentist", "doctor of dental surgery", "oral and maxil-
12 lofacial surgeon", "orthodontist", "prosthodontist",
13 "periodontist", "endodontist", "oral pathologist", "pediatric
14 dentist", "dental hygienist", "registered dental hygienist",
15 "dental assistant", "registered dental assistant", "R.D.A.",
16 "d.d.s.", "d.m.d.", and "r.d.h.".
17 (c) "Doctor of medicine" and "m.d.".
18 (d) "Physician's assistant" and "p.a.".
19 (e) "Registered professional nurse", "registered nurse",
20 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",
21 "nurse anesthetist", "nurse practitioner", "trained attendant",
22 and "t.a.".
23 (f) "Doctor of optometry", "optometrist", and "o.d.".
24 (g) "Osteopath", "osteopathy", "osteopathic practitioner",
25 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.".
26 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore",
27 "druggist", "medicine store", "prescriptions", and "r.ph.".
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1 (i) "Physical therapy", "physical therapist",
2 "physiotherapist", "registered physical therapist", "licensed
3 physical therapist", "physical therapy technician", "p.t.",
4 "r.p.t.", "l.p.t.", and "p.t.t.".
5 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry",
6 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot
7 specialist", "podiatric physician and surgeon", and "d.p.m.".
8 (k) "Consulting psychologist", "psychologist",
9 "psychological assistant", and "psychological examiner",
10 "licensed psychologist", and "limited licensed psychologist".
11 (l) "Licensed professional counselor", "licensed counselor",
12 "professional counselor", and "l.p.c.".
13 (m) "Sanitarian", "registered sanitarian", and "r.s.".
14 (N) "SOCIAL WORKER", "LICENSED MASTER'S SOCIAL WORKER",
15 "LICENSED BACHELOR SOCIAL WORKER", "REGISTERED SOCIAL WORK
16 TECHNICIAN", "L.M.S.W.", "L.B.S.W.", AND "R.S.W.T.".
17 (O) (n) "Veterinary", "veterinarian", "veterinary doctor",
18 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",
19 "d.v.m.", "animal technician", or "animal technologist".
20 (P) (o) "Occupational therapist", "occupational therapist
21 registered", "certified occupational therapist", "o.t.",
22 "o.t.r.", "c.o.t.", "certified occupational therapy assistant",
23 "occupational therapy assistant", or "c.o.t.a.".
24 (Q) (p) "Marriage advisor" or "marriage consultant";
25 "family counselor", "family advisor", "family therapist", or
26 "family consultant"; "family guidance counselor", "family
27 guidance advisor", or "family guidance consultant"; "marriage
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1 guidance counselor", "marriage guidance advisor", or "marriage
2 guidance consultant"; "family relations counselor"; "marriage
3 relations counselor", "marriage relations advisor", or "marriage
4 relations consultant"; "marital counselor" or "marital
5 therapist"; "limited licensed marriage and family therapist" or
6 "limited licensed marriage counselor"; "licensed marriage and
7 family therapist" or "licensed marriage counselor"; and
8 "l.m.f.t.".
9 (2) Notwithstanding section 16261, a person who was spe-
10 cially trained at an institution of higher education in this
11 state to assist a physician in the field of orthopedics and upon
12 completion of training, received a 2-year associate of science
13 degree as an orthopedic physician's assistant before January 1,
14 1977, may use the title "orthopedic physician's assistant"
15 whether or not the person is licensed under this article.
16 SEC. 16348. FEES FOR A PERSON LICENSED OR SEEKING LICENSURE
17 AS A LICENSED BACHELOR SOCIAL WORKER OR A LICENSED MASTER'S
18 SOCIAL WORKER UNDER PART 185 AND FOR A PERSON REGISTERED OR SEEK-
19 ING REGISTRATION AS A SOCIAL WORK TECHNICIAN UNDER PART 185 ARE
20 AS FOLLOWS:
21 (A) APPLICATION PROCESSING FEE............ $ 25.00
22 (B) LICENSE FEE, PER YEAR:
23 (i) LICENSED BACHELOR SOCIAL WORKER....... 55.00
24 (ii) LICENSED MASTER'S SOCIAL WORKER...... 75.00
25 (C) REGISTRATION FEE, PER YEAR............ 15.00
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1 PART 185. SOCIAL WORK
2 SEC. 18501. (1) AS USED IN THIS PART:
3 (A) "HEALTH FACILITY" MEANS A HEALTH FACILITY OR AGENCY
4 LICENSED UNDER ARTICLE 17 OR A MENTAL HOSPITAL, PSYCHIATRIC HOS-
5 PITAL, OR PSYCHIATRIC UNIT LICENSED UNDER THE MENTAL HEALTH CODE,
6 1974 PA 258, MCL 330.1001 TO 330.2106.
7 (B) "LICENSED BACHELOR SOCIAL WORKER" MEANS AN INDIVIDUAL
8 LICENSED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF SOCIAL
9 WORK AT THE BACHELOR'S LEVEL.
10 (C) "LICENSED MASTER'S SOCIAL WORKER" MEANS AN INDIVIDUAL
11 LICENSED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF SOCIAL
12 WORK AT THE MASTER'S LEVEL.
13 (D) "PRACTICE OF MEDICINE" MEANS THAT TERM AS DEFINED IN
14 SECTION 17001.
15 (E) "PRACTICE OF OSTEOPATHIC MEDICINE AND SURGERY" MEANS
16 THAT TERM AS DEFINED IN SECTION 17501.
17 (F) "PRACTICE OF SOCIAL WORK AT THE BACHELOR'S LEVEL" MEANS
18 ALL OF THE FOLLOWING APPLIED WITHIN THE SCOPE OF SOCIAL WORK
19 VALUES, PRINCIPLES, AND TECHNIQUES, BUT DOES NOT INCLUDE THE
20 PRACTICE OF MEDICINE AS DEFINED IN SECTION 17001 OR THE PRACTICE
21 OF OSTEOPATHIC MEDICINE AND SURGERY AS DEFINED IN SECTION 17501
22 INCLUDING, BUT NOT LIMITED TO, THE PRESCRIBING OF DRUGS, THE
23 ADMINISTRATION OF ELECTROCONVULSIVE THERAPY, THE PRACTICE OF PSY-
24 CHOTHERAPY OR, EXCEPT AS PROVIDED IN SUBPARAGRAPH (iv), THE
25 ADMINISTRATION OR INTERPRETATION OF PSYCHOLOGICAL TESTS:
26 (i) THE APPLICATION OF THE KNOWLEDGE OF ALL OF THE
27 FOLLOWING:
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1 (A) HUMAN DEVELOPMENT AND BEHAVIOR.
2 (B) SOCIAL, ECONOMIC, AND CULTURAL INSTITUTIONS.
3 (C) COUNSELING TECHNIQUES.
4 (ii) SOCIAL CASEWORK, INCLUDING, BUT NOT LIMITED TO, SOCIAL
5 ASSESSMENTS, PLANNING, AND INTERVENTION WITH INDIVIDUALS, FAMI-
6 LIES, COUPLES, OR GROUPS.
7 (iii) HELPING COMMUNITIES, ORGANIZATIONS, OR GROUPS IMPROVE
8 THEIR SOCIAL OR HEALTH SERVICES BY UTILIZING COMMUNITY ORGANIZA-
9 TION TECHNIQUES.
10 (iv) THE ADMINISTRATION OF SYMPTOM OR BEHAVIOR CHECK LISTS
11 THAT DO NOT REQUIRE SPECIAL TRAINING AND THAT DO NOT REQUIRE
12 INTERPRETATION.
13 (G) "PRACTICE OF SOCIAL WORK AT THE MASTER'S LEVEL" MEANS
14 ALL OF THE FOLLOWING APPLIED WITHIN THE SCOPE OF SOCIAL WORK
15 VALUES, PRINCIPLES, AND TECHNIQUES, BUT DOES NOT INCLUDE THE
16 PRACTICE OF MEDICINE AS DEFINED IN SECTION 17001 OR THE PRACTICE
17 OF OSTEOPATHIC MEDICINE AND SURGERY AS DEFINED IN SECTION 17501
18 INCLUDING, BUT NOT LIMITED TO, THE PRESCRIBING OF DRUGS, THE
19 ADMINISTRATION OF ELECTROCONVULSIVE THERAPY, OR, EXCEPT AS PRO-
20 VIDED IN SUBPARAGRAPH (iv), THE ADMINISTRATION OR INTERPRETATION
21 OF PSYCHOLOGICAL TESTS:
22 (i) THE APPLICATION OF THE KNOWLEDGE OF ALL OF THE
23 FOLLOWING:
24 (A) HUMAN DEVELOPMENT AND BEHAVIOR.
25 (B) SOCIAL, ECONOMIC, AND CULTURAL INSTITUTIONS.
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1 (ii) ADVANCED SOCIAL CASEWORK, SOCIAL ASSESSMENTS, PLANNING,
2 COUNSELING, DIAGNOSIS OF EMOTIONAL AND BEHAVIORAL DYSFUNCTIONS,
3 AND INTERVENTION WITH INDIVIDUALS, FAMILIES, COUPLES, OR GROUPS.
4 (iii) HELPING COMMUNITIES, ORGANIZATIONS, OR GROUPS IMPROVE
5 THEIR SOCIAL OR HEALTH SERVICES BY UTILIZING COMMUNITY ORGANIZA-
6 TION TECHNIQUES.
7 (iv) THE ADMINISTRATION OF SYMPTOM OR BEHAVIOR CHECK LISTS
8 THAT DO NOT REQUIRE SPECIAL TRAINING AND THAT DO NOT REQUIRE
9 INTERPRETATION.
10 (v) PSYCHOTHERAPY WITH INDIVIDUALS, FAMILIES, COUPLES, OR
11 GROUPS AND THE DIAGNOSIS AND TREATMENT OF MENTAL, EMOTIONAL, AND
12 BEHAVIORAL DISORDERS, BUT ONLY PURSUANT TO SECTION 18543.
13 (H) "SOCIAL WORK TECHNICIAN" MEANS AN INDIVIDUAL REGISTERED
14 UNDER THIS ARTICLE WHO IS SPECIALLY TRAINED TO ASSIST A LICENSED
15 MASTER'S SOCIAL WORKER OR A LICENSED BACHELOR SOCIAL WORKER AND
16 WHO IS AUTHORIZED TO PRACTICE ONLY UNDER THE SUPERVISION OF A
17 LICENSED MASTER'S SOCIAL WORKER OR A LICENSED BACHELOR SOCIAL
18 WORKER.
19 (I) "SOCIAL WORK VALUES, PRINCIPLES, AND TECHNIQUES" MEANS A
20 PSYCHOSOCIAL APPROACH OF SYSTEMATIC INTERVENTION TO ENHANCE THE
21 DEVELOPMENTAL, PROBLEM SOLVING, AND COPING CAPACITIES OF INDIVID-
22 UALS, COUPLES, FAMILIES, OR GROUPS.
23 (2) IN ADDITION TO THE DEFINITIONS OF THIS PART, ARTICLE 1
24 CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION
25 APPLICABLE TO ALL ARTICLES IN THIS CODE AND PART 161 CONTAINS
26 DEFINITIONS APPLICABLE TO THIS PART.
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1 SEC. 18505. (1) BEGINNING 1 YEAR AFTER THE EFFECTIVE DATE
2 OF THIS PART, AN INDIVIDUAL SHALL NOT ENGAGE IN THE PRACTICE OF
3 SOCIAL WORK AT THE BACHELOR'S OR MASTER'S LEVEL UNLESS LICENSED
4 OR OTHERWISE AUTHORIZED BY THIS ARTICLE, OR USE THE TITLE
5 "REGISTERED SOCIAL WORK TECHNICIAN" UNLESS REGISTERED UNDER THIS
6 ARTICLE.
7 (2) A LICENSED BACHELOR SOCIAL WORKER SHALL ONLY USE THE
8 TITLES "LICENSED BACHELOR SOCIAL WORKER", "SOCIAL WORKER", OR
9 "L.B.S.W.". A LICENSED MASTER'S SOCIAL WORKER SHALL ONLY USE THE
10 TITLES "LICENSED MASTER'S SOCIAL WORKER", "SOCIAL WORKER", OR
11 "L.M.S.W.".
12 SEC. 18511. AN INDIVIDUAL WHO IS GRANTED A LIMITED LICENSE
13 UNDER SECTION 18525(2) TO ENGAGE IN THE 2-YEAR POST-DEGREE
14 EXPERIENCE IN THE PRACTICE OF SOCIAL WORK AT THE BACHELOR'S OR
15 MASTER'S LEVEL SHALL PRACTICE UNDER THE SUPERVISION OF A LICENSED
16 MASTER'S SOCIAL WORKER, AND CONFINE HIS OR HER PRACTICE TO A
17 HEALTH FACILITY OR OTHER ARRANGEMENT APPROVED BY THE BOARD.
18 SEC. 18515. (1) THIS PART DOES NOT APPLY TO THE FOLLOWING:
19 (A) AN INDIVIDUAL WHO IS ENGAGED IN A COURSE OF STUDY LEAD-
20 ING TO A DEGREE IN SOCIAL WORK AND PARTICIPATING IN AN INTERNSHIP
21 SUPERVISED BY A LICENSED MASTER'S SOCIAL WORKER.
22 (B) AN INDIVIDUAL WHO IS NOT LICENSED OR OTHERWISE AUTHO-
23 RIZED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF SOCIAL WORK
24 AT THE BACHELOR'S OR MASTER'S LEVEL OR REGISTERED AS A SOCIAL
25 WORK TECHNICIAN WHO DONATES HIS OR HER SERVICES, OTHER THAN PSY-
26 CHOTHERAPY SERVICES, TO A CHARITABLE, NONPROFIT ORGANIZATION, SO
27 LONG AS THE INDIVIDUAL DOES NOT HOLD HIMSELF OR HERSELF OUT TO
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1 THE PUBLIC AS A LICENSED BACHELOR SOCIAL WORKER, A LICENSED
2 MASTER'S SOCIAL WORKER, OR A SOCIAL WORK TECHNICIAN LICENSED,
3 REGISTERED, OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE.
4 (C) AN ORDAINED CLERIC IF COUNSELING IS AN ELEMENT OF HIS OR
5 HER RELIGIOUS DUTIES PERFORMED UNDER THE AUSPICES OR RECOGNITION
6 OF A CHURCH, DENOMINATION, RELIGIO