Occupations; social workers; social workers meeting certain

requirements; license.

OCCUPATIONS: Social workers; OCCUPATIONS: Individual licensing

and regulation; HEALTH: Code; STATE AGENCIES (EXISTING):

Consumer and industry services

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16263, 18501, 18503, 18505, 18507, 18509,

18511, 18513, and 18515 (MCL 333.16263, 333.18501, 333.18503,

333.18505, 333.18507, 333.18509, 333.18511, 333.18513, and

333.18515), section 16263 as amended by 2001 PA 139 and sections

18501, 18503, 18505, 18507, 18509, 18511, 18513, and 18515 as

added by 2000 PA 11, and by adding sections 18504, 18506, and

18516.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 16263. (1) Except as provided in subsection (2), the

2 following words, titles, or letters or a combination thereof,

3 with or without qualifying words or phrases, are restricted in

4 use only to those persons authorized under this article to use

5 the terms and in a way prescribed in this article:

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1 (a) "Chiropractic", "doctor of chiropractic",

2 "chiropractor", "d.c.", and "chiropractic physician".

3 (b) "Dentist", "doctor of dental surgery", "oral and maxil-

4 lofacial surgeon", "orthodontist", "prosthodontist",

5 "periodontist", "endodontist", "oral pathologist", "pediatric

6 dentist", "dental hygienist", "registered dental hygienist",

7 "dental assistant", "registered dental assistant", "r.d.a.",

8 "d.d.s.", "d.m.d.", and "r.d.h.".

9 (c) "Doctor of medicine" and "m.d.".

10 (d) "Physician's assistant" and "p.a.".

11 (e) "Registered professional nurse", "registered nurse",

12 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",

13 "nurse anesthetist", "nurse practitioner", "trained attendant",

14 and "t.a.".

15 (f) "Doctor of optometry", "optometrist", and "o.d.".

16 (g) "Osteopath", "osteopathy", "osteopathic practitioner",

17 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.".

18 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore",

19 "druggist", "medicine store", "prescriptions", and "r.ph.".

20 (i) "Physical therapy", "physical therapist",

21 "physiotherapist", "registered physical therapist", "licensed

22 physical therapist", "physical therapy technician", "p.t.",

23 "r.p.t.", "l.p.t.", and "p.t.t.".

24 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry",

25 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot

26 specialist", "podiatric physician and surgeon", and "d.p.m.".

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1 (k) "Consulting psychologist", "psychologist",

2 "psychological assistant", "psychological examiner", "licensed

3 psychologist", and "limited licensed psychologist".

4 (l) "Licensed professional counselor", "licensed counselor",

5 "professional counselor", and "l.p.c.".

6 (m) "Sanitarian", "registered sanitarian", and "r.s.".

7 (n) "Social worker", "certified "LICENSED MASTER'S social

8 worker", "LICENSED BACHELOR'S SOCIAL WORKER", "REGISTERED social

9 work SERVICE technician", "s.w.", "c.s.w.", and "s.w.t."

10 "SOCIAL SERVICE TECHNICIAN", "L.M.S.W.", "L.B.S.W.", AND

11 "R.S.W.T.".

12 (o) "Veterinary", "veterinarian", "veterinary doctor",

13 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",

14 "d.v.m.", "animal technician", or "animal technologist".

15 (p) "Occupational therapist", "occupational therapist

16 registered", "certified occupational therapist", "o.t.",

17 "o.t.r.", "c.o.t.", "certified occupational therapy assistant",

18 "occupational therapy assistant", or "c.o.t.a.".

19 (q) "Marriage advisor" or "marriage consultant"; "family

20 counselor", "family advisor", "family therapist", or "family

21 consultant"; "family guidance counselor", "family guidance

22 advisor", or "family guidance consultant"; "marriage guidance

23 counselor", "marriage guidance advisor", or "marriage guidance

24 consultant"; "family relations counselor"; "marriage relations

25 counselor", "marriage relations advisor", or "marriage relations

26 consultant"; "marital counselor" or "marital therapist"; "limited

27 licensed marriage and family therapist" or "limited licensed

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1 marriage counselor"; "licensed marriage and family therapist" or

2 "licensed marriage counselor"; and "l.m.f.t.".

3 (r) "Nursing home administrator".

4 (2) Notwithstanding section 16261, a person who was spe-

5 cially trained at an institution of higher education in this

6 state to assist a physician in the field of orthopedics and upon

7 completion of training, received a 2-year associate of science

8 degree as an orthopedic physician's assistant before January 1,

9 1977, may use the title "orthopedic physician's assistant"

10 whether or not the person is licensed under this article.

11 Sec. 18501. (1) As used in this part:

12 (A) "HEALTH FACILITY" MEANS A HEALTH FACILITY OR AGENCY

13 LICENSED UNDER ARTICLE 17 OR A HOSPITAL, PSYCHIATRIC HOSPITAL, OR

14 PSYCHIATRIC UNIT LICENSED UNDER THE MENTAL HEALTH CODE, 1974

15 PA 258, MCL 330.1107 TO 330.2106.

16 (B) "LICENSED BACHELOR SOCIAL WORKER" MEANS AN INDIVIDUAL

17 LICENSED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF SOCIAL

18 WORK AT THE BACHELOR'S LEVEL.

19 (C) "LICENSED MASTER'S SOCIAL WORKER" MEANS AN INDIVIDUAL

20 LICENSED UNDER THIS ARTICLE TO ENGAGE IN THE PRACTICE OF SOCIAL

21 WORK AT THE MASTER'S LEVEL.

22 (D) "PRACTICE OF MEDICINE" MEANS THAT TERM AS DEFINED IN

23 SECTION 17001.

24 (E) "PRACTICE OF OSTEOPATHIC MEDICINE AND SURGERY" MEANS

25 THAT TERM AS DEFINED IN SECTION 17501.

26 (F) "PRACTICE OF SOCIAL WORK AT THE BACHELOR'S LEVEL" MEANS

27 ALL OF THE FOLLOWING APPLIED WITHIN THE SCOPE OF SOCIAL WORK

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1 VALUES, PRINCIPLES, AND TECHNIQUES, NOT TO INCLUDE THE PRACTICE

2 OF MEDICINE OR THE PRACTICE OF OSTEOPATHIC MEDICINE AND SURGERY

3 AND INCLUDING, BUT NOT LIMITED TO, THE PRESCRIBING OF DRUGS, THE

4 ADMINISTRATION OF ELECTROCONVULSIVE THERAPY, THE PRACTICE OF PSY-

5 CHOTHERAPY, OR, EXCEPT AS PROVIDED IN SUBPARAGRAPH (iv), THE

6 ADMINISTRATION OR INTERPRETATION OF PSYCHOLOGICAL TESTS:

7 (i) THE APPLICATION OF THE KNOWLEDGE OF HUMAN DEVELOPMENT

8 AND BEHAVIOR AND SOCIAL, ECONOMIC, AND CULTURAL INSTITUTIONS.

9 (ii) SOCIAL WORK CASE MANAGEMENT AND CASEWORK, INCLUDING,

10 BUT NOT LIMITED TO, ASSESSMENTS, PLANNING, REFERRAL, AND INTER-

11 VENTION WITH INDIVIDUALS, FAMILIES, COUPLES, GROUPS, COMMUNITIES,

12 OR INSTITUTIONS.

13 (iii) HELPING COMMUNITIES, ORGANIZATIONS, OR GROUPS IMPROVE

14 THEIR SOCIAL OR HEALTH SERVICES BY UTILIZING SOCIAL WORK VALUES,

15 PRACTICES, AND TECHNIQUES.

16 (iv) THE ADMINISTRATION OF ASSESSMENT CHECKLISTS THAT DO NOT

17 REQUIRE SPECIAL TRAINING AND THAT DO NOT REQUIRE INTERPRETATION.

18 (G) "PRACTICE OF SOCIAL WORK AT THE MASTER'S LEVEL" MEANS

19 ALL OF THE FOLLOWING APPLIED WITHIN THE SCOPE OF SOCIAL WORK

20 VALUES, PRINCIPLES, AND TECHNIQUES, NOT TO INCLUDE THE PRACTICE

21 OF MEDICINE OR THE PRACTICE OF OSTEOPATHIC MEDICINE AND SURGERY

22 AND INCLUDING, BUT NOT LIMITED TO, THE PRESCRIBING OF DRUGS OR

23 THE ADMINISTRATION OF ELECTROCONVULSIVE THERAPY:

24 (i) THE APPLICATION OF THE KNOWLEDGE OF HUMAN DEVELOPMENT

25 AND BEHAVIOR AND SOCIAL, ECONOMIC, AND CULTURAL INSTITUTIONS.

26 (ii) ADVANCED SOCIAL WORK CASE MANAGEMENT AND CASEWORK,

27 ADVANCED SOCIAL EMOTIONAL ASSESSMENTS, PLANNING, REFERRAL,

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1 COUNSELING, DIAGNOSIS OF EMOTIONAL AND BEHAVIORAL DYSFUNCTIONS,

2 AND INTERVENTION WITH INDIVIDUALS, FAMILIES, COUPLES, GROUPS,

3 COMMUNITIES, AND INSTITUTIONS.

4 (iii) HELPING COMMUNITIES, ORGANIZATIONS, OR GROUPS IMPROVE

5 THEIR SOCIAL OR HEALTH SERVICES BY THE ADVANCED USE OF SOCIAL

6 WORK VALUES, PRACTICES, AND TECHNIQUES.

7 (iv) PSYCHOTHERAPY WITH INDIVIDUALS, FAMILIES, COUPLES, OR

8 GROUPS AND THE DIAGNOSIS AND TREATMENT OF MENTAL, EMOTIONAL, AND

9 BEHAVIORAL DISORDERS, BUT ONLY PURSUANT TO SECTION 18511.

10 (H) (a) "Social work SERVICE technician" means an indi-

11 vidual registered under this article in accordance with section

12 18507 and authorized under this part to use the title "social

13 work technician" or the abbreviation "s.w.t.". WHO IS SPECIALLY

14 TRAINED TO ASSIST A LICENSED MASTER'S SOCIAL WORKER OR A LICENSED

15 BACHELOR SOCIAL WORKER AND WHO IS AUTHORIZED TO PRACTICE ONLY

16 UNDER THE SUPERVISION OF A LICENSED MASTER'S SOCIAL WORKER OR A

17 LICENSED BACHELOR SOCIAL WORKER.

18 (b) "Social worker" means an individual registered under

19 this article in accordance with section 18509 and authorized

20 under this part to use the title "social worker" or the abbrevia-

21 tion "s.w.".

22 (c) "Certified social worker" means an individual registered

23 under this article in accordance with section 18511 and autho-

24 rized under this part to use the title "certified social worker"

25 or the abbreviation "c.s.w.".

26 (d) "Social work" means the professional application of

27 social work values, principles, and techniques to counseling or

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1 to helping an individual, family, group, or community do 1 or

2 more of the following:

3 (i) Enhance or restore the capacity for social functioning.

4 (ii) Provide, obtain, or improve tangible social and health

5 services.

6 (I) "SOCIAL WORK VALUES, PRINCIPLES, AND TECHNIQUES" MEANS A

7 BIOPSYCHOSOCIAL APPROACH OF SYSTEMATIC INTERVENTION TO ENHANCE

8 THE DEVELOPMENTAL, PROBLEM SOLVING, FUNCTIONING, AND COPING

9 CAPACITIES OF INDIVIDUALS, COUPLES, FAMILIES, GROUPS, COMMUNI-

10 TIES, AND INSTITUTIONS.

11 (2) In addition to the definitions of this part, article 1

12 contains general definitions and principles of construction

13 applicable to all articles in this code and part 161 contains

14 definitions applicable to this part.

15 Sec. 18503. (1) An individual shall not represent that he

16 or she is a certified social worker, social worker, or social

17 work SERVICE technician or use a title including "certified

18 social worker", "social worker", "social work SERVICE

19 technician" , or an abbreviation of those terms or the letters

20 "c.s.w.", "s.w.", or "s.w.t." "S.S.T." or similar words which

21 would indicate that he or she is registered under this article

22 unless the individual is registered in that capacity under this

23 article.

24 (2) A LICENSED BACHELOR SOCIAL WORKER SHALL ONLY USE THE

25 TITLES "LICENSED BACHELOR SOCIAL WORKER", "SOCIAL WORKER", OR

26 "L.B.S.W.". A LICENSED MASTER'S SOCIAL WORKER SHALL ONLY USE THE

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1 TITLES "LICENSED MASTER'S SOCIAL WORKER", "SOCIAL WORKER", OR

2 "L.M.S.W.".

3 SEC. 18504. BEGINNING 1 YEAR AFTER THE EFFECTIVE DATE OF

4 THE AMENDATORY ACT THAT ADDED THIS SECTION, AN INDIVIDUAL SHALL

5 NOT ENGAGE IN THE PRACTICE OF SOCIAL WORK AT THE BACHELOR'S OR

6 MASTER'S LEVEL OR USE A TITLE DESCRIBED IN SECTION 18503 UNLESS

7 LICENSED OR OTHERWISE ALLOWED UNDER THIS PART.

8 Sec. 18505. (1) Subject to section 18515(2) AND SUBSECTION

9 (2), the Michigan board of social work is created in the depart-

10 ment and consists of the following 9 voting members who meet the

11 requirements of part 161:

12 (a) Four UNTIL THE EFFECTIVE DATE OF THE AMENDATORY ACT

13 THAT AMENDED THIS SUBDIVISION, 4 certified social workers and 2

14 social workers who meet the requirements of section 16135(2).

15 BEGINNING THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT AMENDED

16 THIS SUBDIVISION, 6 INDIVIDUALS ENGAGED PRIMARILY IN THE PRACTICE

17 OF SOCIAL WORK.

18 (b) Three public members.

19 (2) FOR BOARD MEMBERS APPOINTED AFTER THE EFFECTIVE DATE OF

20 THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE 6 MEMBERS

21 APPOINTED THAT ARE PRIMARILY ENGAGED IN THE PRACTICE OF SOCIAL

22 WORK SHALL BE LICENSED UNDER THIS PART WITHIN 3 YEARS AFTER THE

23 EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.

24 SEC. 18506. (1) AN INDIVIDUAL WHO IS GRANTED A LIMITED

25 LICENSE UNDER SECTION 18509(2) TO ENGAGE IN THE 2-YEAR POSTDEGREE

26 EXPERIENCE IN THE PRACTICE OF SOCIAL WORK AT THE BACHELOR'S OR

27 MASTER'S LEVEL SHALL PRACTICE UNDER THE SUPERVISION OF A LICENSED

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1 MASTER'S SOCIAL WORKER AND CONFINE HIS OR HER PRACTICE TO AN

2 AGENCY, A HEALTH FACILITY, AN INSTITUTION, OR ANOTHER ENTITY

3 APPROVED BY THE BOARD.

4 (2) THIS PART DOES NOT APPLY TO ANY OF THE FOLLOWING:

5 (A) AN INDIVIDUAL WHO IS ENGAGED IN A COURSE OF STUDY LEAD-

6 ING TO A DEGREE IN SOCIAL WORK AND PARTICIPATING IN AN INTERNSHIP

7 SUPERVISED BY A LICENSED MASTER'S SOCIAL WORKER.

8 (B) AN INDIVIDUAL WHO IS NOT LICENSED OR OTHERWISE AUTHO-

9 RIZED UNDER THIS PART TO ENGAGE IN THE PRACTICE OF SOCIAL WORK AT

10 THE BACHELOR'S OR MASTER'S LEVEL OR REGISTERED AS A SOCIAL SERV-

11 ICE TECHNICIAN WHO DONATES HIS OR HER SERVICES, OTHER THAN PSY-

12 CHOTHERAPY SERVICES, TO A CHARITABLE NONPROFIT ORGANIZATION SO

13 LONG AS THE INDIVIDUAL DOES NOT HOLD HIMSELF OR HERSELF OUT TO

14 THE PUBLIC AS A SOCIAL WORKER LICENSED, REGISTERED, OR OTHERWISE

15 AUTHORIZED UNDER THIS PART.

16 (C) AN ORDAINED CLERIC IF COUNSELING IS AN ELEMENT OF HIS OR

17 HER RELIGIOUS DUTIES PERFORMED UNDER THE AUSPICES OR RECOGNITION

18 OF A CHURCH, DENOMINATION, RELIGIOUS ASSOCIATION, OR SECT THAT

19 HAS TAX-EXEMPT STATUS PURSUANT TO SECTION 501(c)(3) OF THE INTER-

20 NAL REVENUE CODE OF 1986, 26 U.S.C. 501, IF HE OR SHE DOES NOT

21 HOLD HIMSELF OR HERSELF OUT AS A SOCIAL WORKER LICENSED, REGIS-

22 TERED, OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE.

23 (D) A CERTIFIED, LICENSED, OR OTHERWISE STATUTORILY RECOG-

24 NIZED MEMBER OF ANY OTHER PROFESSION WHO PRACTICES HIS OR HER

25 PROFESSION AS AUTHORIZED BY LAW SO LONG AS THE INDIVIDUAL DOES

26 NOT HOLD HIMSELF OR HERSELF OUT TO THE PUBLIC AS A SOCIAL WORKER

27 LICENSED, REGISTERED, OR OTHERWISE AUTHORIZED UNDER THIS PART.

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1 (E) AN INDIVIDUAL WHO IS A PARTICIPANT IN A SELF-HELP, PEER

2 COUNSELING, OR SUPPORT SERVICES PROGRAM PROVIDED BY A CHARITABLE,

3 NONPROFIT ORGANIZATION SO LONG AS THE INDIVIDUAL DOES NOT HOLD

4 HIMSELF OR HERSELF OUT TO THE PUBLIC AS A SOCIAL WORKER LICENSED,

5 REGISTERED, OR OTHERWISE AUTHORIZED UNDER THIS PART.

6 (3) THIS PART DOES NOT PROHIBIT AN INDIVIDUAL WHO HOLDS A

7 MASTER'S OR DOCTORATE DEGREE IN SOCIAL WORK FROM AN ACCREDITED

8 COLLEGE OR UNIVERSITY FROM USING A TITLE INCLUDING "SOCIAL WORK"

9 IF THE INDIVIDUAL DOES NOT ENGAGE IN THE PRACTICE OF SOCIAL WORK

10 AT THE BACHELOR'S OR MASTER'S LEVEL.

11 Sec. 18507. The board may grant registration under this

12 article as a social work SERVICE technician to an individual

13 who meets all of the following requirements:

14 (a) Has had 1 year of social work experience acceptable to

15 the board, or has successfully completed 2 years of college.

16 (b) Is employed in the practice of social work. This subdi-

17 vision is waived if the individual has the equivalent of 2,000

18 hours of service in social work with an agency recognized by the

19 board or has received an associate degree in social work at a

20 college approved by the board that includes supervised instruc-

21 tional field experience.

22 Sec. 18509. The board may grant a registration under this

23 article as a social worker to an individual who meets all of the

24 following requirements:

25 (a) Has obtained a baccalaureate degree from a college or

26 university approved by the board.

07671'02

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1 (b) Has 2 or more years of social work experience acceptable

2 to the board or is enrolled in a graduate school of social work

3 approved by the board, or has a master's degree from an accredi-

4 ted school of social work approved by the board or has the equiv-

5 alent of 4,000 hours of service in social work with an agency

6 recognized by the board.

7 (c) Is employed in the practice of social work or is

8 enrolled in a graduate school of social work approved by the

9 board. This subdivision is waived if the individual has received

10 a bachelor's or master's degree from an accredited school of

11 social work approved by the board.

12 (1) EXCEPT AS OTHERWISE PROVIDED IN SECTION 18515, AN INDI-

13 VIDUAL GRANTED A LICENSE UNDER THIS PART SHALL MEET THE FOLLOWING

14 REQUIREMENTS:

15 (A) A LICENSED BACHELOR SOCIAL WORKER SHALL HAVE BEEN

16 AWARDED A BACHELOR'S DEGREE IN SOCIAL WORK FROM A COLLEGE OR UNI-

17 VERSITY SOCIAL WORK PROGRAM APPROVED BY THE BOARD AND SHALL HAVE

18 COMPLETED AT LEAST 2 YEARS OF FULL-TIME POSTBACHELOR'S DEGREE

19 EXPERIENCE, OR THE EQUIVALENT IN PART-TIME HOURS, IN THE PRACTICE

20 OF SOCIAL WORK AT THE BACHELOR'S LEVEL UNDER THE SUPERVISION OF A

21 LICENSED MASTER'S SOCIAL WORKER. HOWEVER, DURING A PERIOD ENDING

22 3 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED

23 THIS SUBSECTION, THE REQUIRED EXPERIENCE IN THE PRACTICE OF

24 SOCIAL WORK AT THE BACHELOR'S LEVEL SHALL BE PERFORMED UNDER THE

25 SUPERVISION OF A PERSON WHO HAS BEEN AWARDED A MASTER'S OR DOC-

26 TORAL DEGREE IN SOCIAL WORK FROM A COLLEGE OR UNIVERSITY SCHOOL

27 OF SOCIAL WORK.

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1 (B) A LICENSED MASTER'S SOCIAL WORKER SHALL HAVE BEEN

2 AWARDED A MASTER'S OR DOCTORAL DEGREE IN THE FIELD OF SOCIAL WORK

3 FROM A COLLEGE OR UNIVERSITY SOCIAL WORK PROGRAM APPROVED BY THE

4 BOARD AND SHALL HAVE COMPLETED AT LEAST 2 YEARS OF FULL-TIME

5 POSTMASTER'S OR POSTDOCTORAL DEGREE EXPERIENCE, OR THE EQUIVALENT

6 IN PART-TIME HOURS, IN THE PRACTICE OF SOCIAL WORK AT THE

7 MASTER'S LEVEL UNDER THE SUPERVISION OF A LICENSED MASTER'S

8 SOCIAL WORKER. HOWEVER, DURING A PERIOD ENDING 3 YEARS AFTER THE

9 EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION,

10 THE REQUIRED EXPERIENCE IN THE PRACTICE OF SOCIAL WORK AT THE

11 MASTER'S LEVEL SHALL BE PERFORMED UNDER THE SUPERVISION OF A

12 PERSON WHO HAS BEEN AWARDED A MASTER'S OR DOCTORAL DEGREE IN THE

13 FIELD OF SOCIAL WORK FROM A COLLEGE OR UNIVERSITY SCHOOL OF

14 SOCIAL WORK AND HAS ENGAGED IN THE PRACTICE OF SOCIAL WORK FOR

15 NOT LESS THAN 2 YEARS. IN ADDITION TO THE REQUIREMENTS SET FORTH

16 IN THIS SUBDIVISION, A LICENSED MASTER'S SOCIAL WORKER EMPLOYED

17 BY A SCHOOL DISTRICT SHALL MEET THE REQUIREMENTS FOR EMPLOYMENT

18 AS A SCHOOL SOCIAL WORKER CONTAINED IN THE REVISED SCHOOL CODE,

19 1976 PA 451, MCL 380.1 TO 380.1852, AND THE RULES PROMULGATED

20 UNDER THAT ACT.

21 (2) THE BOARD MAY GRANT A LIMITED LICENSE TO ENGAGE IN THE

22 2-YEAR POSTDEGREE EXPERIENCE REQUIRED UNDER SUBSECTION (1) TO AN

23 INDIVIDUAL WHO HAS COMPLETED ALL THE EDUCATIONAL REQUIREMENTS FOR

24 LICENSURE AS A BACHELOR SOCIAL WORKER OR A MASTER'S SOCIAL

25 WORKER. A LIMITED LICENSE GRANTED UNDER THIS SUBSECTION IS

26 RENEWABLE FOR NOT MORE THAN 6 YEARS.

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1 Sec. 18511. The board may grant a registration as a

2 certified social worker to an individual who meets all of the

3 following requirements:

4 (a) Possesses a master's degree from an accredited school of

5 social work approved by the board.

6 (b) Has completed 2 or more years of social work experience

7 acceptable to the board.

8 (1) A LICENSEE SHALL NOT PERFORM AN ACT, TASK, OR FUNCTION

9 WITHIN THE PRACTICE OF SOCIAL WORK UNLESS HE OR SHE IS TRAINED TO

10 PERFORM THE ACT, TASK, OR FUNCTION.

11 (2) A LICENSED MASTER'S SOCIAL WORKER SHALL NOT ENGAGE IN

12 THE ACTIVITIES DESCRIBED IN SECTION 18501(G)(iv) EXCEPT AS PRO-

13 VIDED IN THIS SECTION.

14 (3) BEFORE HE OR SHE ENGAGES IN THE ACTIVITIES DESCRIBED IN

15 SECTION 18501(G)(iv), A LICENSED MASTER'S SOCIAL WORKER WHO IS

16 LICENSED UNDER SECTION 18515(5) SHALL FILE WITH THE DEPARTMENT,

17 ON A FORM PROVIDED BY THE DEPARTMENT, AN AFFIDAVIT STATING THAT

18 THE LICENSEE MEETS ALL OF THE REQUIREMENTS OF THIS SUBSECTION.

19 UPON RECEIPT OF THE AFFIDAVIT REQUIRED UNDER THIS SUBSECTION AND

20 A DETERMINATION THAT THE LICENSEE HAS MET THE REQUIREMENTS OF

21 SUBDIVISIONS (C) AND (D), THE DEPARTMENT SHALL CERTIFY THE

22 LICENSEE AS QUALIFIED TO ENGAGE IN THE ACTIVITIES DESCRIBED IN

23 SECTION 18501(G)(iv). THE AFFIDAVIT SHALL STATE THAT THE

24 LICENSEE MEETS ALL OF THE FOLLOWING REQUIREMENTS:

25 (A) POSSESSES A MASTER'S DEGREE.

07671'02

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1 (B) HAS ENGAGED IN THE ACTIVITIES DESCRIBED IN SECTION

2 18501(G)(iv) AS PART OF HIS OR HER PRACTICE AS A CERTIFIED SOCIAL

3 WORKER.

4 (C) HAS COMPLETED COURSE WORK IN NORMAL HUMAN DEVELOPMENT

5 AND PSYCHOPATHOLOGY AND HAS COMPLETED COURSES IN DIAGNOSIS,

6 ASSESSMENT, AND TREATMENT OF INDIVIDUALS, COUPLES, FAMILIES, AND

7 GROUPS.

8 (D) HAS COMPLETED NOT LESS THAN 2 YEARS OF SUPERVISED

9 POSTMASTER'S DEGREE EXPERIENCE IN THE PRACTICE OF PSYCHOTHERAPY.

10 (4) THE BOARD SHALL CERTIFY A LICENSEE WHO IS LICENSED OTHER

11 THAN UNDER SECTION 18515(5) AND WHO MEETS THE REQUIREMENTS OF

12 SECTION 18509(1)(B) AS QUALIFIED TO ENGAGE IN THE ACTIVITIES

13 DESCRIBED IN SECTION 18501(G)(iv) IF THE LICENSEE MEETS ALL OF

14 THE FOLLOWING REQUIREMENTS:

15 (A) HAS COMPLETED COURSE WORK IN NORMAL HUMAN DEVELOPMENT

16 AND PSYCHOPATHOLOGY AND HAS COMPLETED COURSES IN DIAGNOSIS,

17 ASSESSMENT, AND TREATMENT OF INDIVIDUALS, COUPLES, FAMILIES, AND

18 GROUPS.

19 (B) HAS COMPLETED NOT LESS THAN 2 YEARS OF POSTMASTER'S

20 DEGREE EXPERIENCE IN THE PRACTICE OF PSYCHOTHERAPY UNDER THE

21 SUPERVISION OF A LICENSED MASTER'S SOCIAL WORKER.

22 (5) THE BOARD MAY MODIFY, BUT SHALL NOT DIMINISH, THE

23 REQUIREMENTS OF SUBSECTION (4) BY RULE. THE BOARD MAY ALLOW A

24 LICENSEE TO SUBMIT AN AFFIDAVIT, ON A FORM PROVIDED BY THE

25 DEPARTMENT, AS EVIDENCE THAT HE OR SHE MEETS THE REQUIREMENTS OF

26 SUBSECTION (4) OR THE RULES PROMULGATED UNDER THIS SUBSECTION.

27 THE BOARD SHALL NOT MODIFY THE REQUIREMENTS OF THIS SUBSECTION.

07671'02

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1 Sec. 18513. (1) An individual registered OR LICENSED under

2 this part as a certified social worker, social worker, or social

3 work technician or an employee or officer of an organization

4 that employs the certified social worker, social worker, or

5 social work technician REGISTRANT OR LICENSEE is not required to

6 disclose a communication or a portion of a communication made by

7 a client to the individual or advice given in the course of pro-

8 fessional employment.

9 (2) Except as otherwise provided in this section, a communi-

10 cation between a certified social worker, social worker, or

11 social work technician, REGISTRANT OR LICENSEE or an organiza-

12 tion with which the certified social worker, social worker, or

13 social work technician REGISTRANT OR LICENSEE has an agency

14 relationship and a client is a confidential communication. A

15 confidential communication shall not be disclosed, except under 1

16 or more of the following circumstances:

17 (a) The disclosure is part of a required supervisory process

18 within the organization that employs or otherwise has an agency

19 relationship with the certified social worker, social worker, or

20 social work technician REGISTRANT OR LICENSEE.

21 (b) The privilege is waived by the client or a person autho-

22 rized to act in the client's behalf.

23 (3) If requested by the court for a court action, a

24 certified social worker, social worker, or social work

25 technician REGISTRANT OR LICENSEE shall submit to an appropriate

26 court a written evaluation of the prospect or prognosis of a

27 particular client without disclosing a privileged fact or a

07671'02

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1 privileged communication. An attorney representing a client who

2 is the subject of an evaluation described in this subsection has

3 the right to receive a copy of the evaluation. If required for

4 the exercise of a public purpose by a legislative committee, a

5 certified social worker, social worker, social work technician,

6 REGISTRANT OR LICENSEE or agency representative may make avail-

7 able statistical and program information without violating the

8 privilege established under subsection (2).

9 (4) A certified social worker, social worker, or social

10 work technician REGISTRANT OR LICENSEE may disclose a communica-

11 tion or a portion of a communication made by a client pursuant to

12 section 946 of the mental health code, 1974 PA 258, MCL 330.1946,

13 in order to comply with the duty set forth in that section.

14 Sec. 18515. (1) An individual who holds a registration

15 issued under former article 16 of the occupational code, 1980

16 PA 299, on the effective date of the amendatory act that added

17 this part MARCH 7, 2000, is registered under this part until

18 that registration expires and may renew his or her registration

19 pursuant to part 161.

20 (2) The members of the board of examiners of social workers

21 created under former section 1602 of the occupational code, 1980

22 PA 299, shall serve as the initial members of the Michigan board

23 of social work until their successors are appointed under this

24 article or until the expiration of their respective terms, which-

25 ever occurs first. However, if the term of a member of the board

26 of examiners of social workers has not expired on the effective

27 date of the amendatory act that added this part MARCH 7, 2000,

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1 that term expires on June 30 of the year in which the term will

2 expire.

3 (3) Rules promulgated by the board of examiners of social

4 workers or the director under former article 16 of the occupa-

5 tional code, 1980 PA 299, and in effect on the effective date of

6 the amendatory act that added this part MARCH 7, 2000, continue

7 in effect to the extent that they do not conflict with this arti-

8 cle and shall continue to be enforced. The rules may be amended

9 or rescinded by the director.

10 (4) THE BOARD SHALL GRANT A FULL LICENSE AS A LICENSED BACH-

11 ELOR SOCIAL WORKER TO AN INDIVIDUAL WHO HOLDS A CERTIFICATE OF

12 REGISTRATION AS A SOCIAL WORKER ISSUED BEFORE THE EFFECTIVE DATE

13 OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION AND WHO APPLIES

14 TO THE BOARD FOR LICENSURE ON OR BEFORE THE REQUIRED DATE FOR

15 RENEWAL OF THE REGISTRATION.

16 (5) THE BOARD SHALL GRANT A FULL LICENSE AS A LICENSED

17 MASTER'S SOCIAL WORKER TO AN INDIVIDUAL WHO HOLDS A REGISTRATION

18 AS A CERTIFIED SOCIAL WORKER ISSUED BEFORE THE EFFECTIVE DATE OF

19 THE AMENDATORY ACT THAT ADDED THIS SUBSECTION AND WHO APPLIES TO

20 THE BOARD FOR LICENSURE ON OR BEFORE THE REQUIRED DATE FOR

21 RENEWAL OF THE CERTIFICATE OF REGISTRATION.

22 (6) AN INDIVIDUAL LICENSED UNDER THIS PART SHALL MEET THE

23 CONTINUING EDUCATION REQUIREMENTS OF SECTION 18516 WHEN RENEWING

24 HIS OR HER LICENSE.

25 SEC. 18516. (1) THE BOARD SHALL PROMULGATE RULES TO REQUIRE

26 A LICENSEE SEEKING RENEWAL TO FURNISH EVIDENCE THAT DURING THE 3

27 YEARS IMMEDIATELY PRECEDING APPLICATION FOR RENEWAL, THE LICENSEE

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1 OR REGISTRANT ATTENDED TRAINING COURSES OR PROGRAMS RELATED TO

2 THE PRACTICE OF SOCIAL WORK AND DESIGNED TO FURTHER EDUCATE

3 LICENSEES AND REGISTRANTS.

4 (2) THE BOARD SHALL ESTABLISH BY RULE THE TOTAL NUMBER OF

5 COURSE OR PROGRAM HOURS REQUIRED BY THIS SECTION, BUT THE TOTAL

6 SHALL NOT BE LESS THAN 60 CLOCK HOURS. A PORTION OF THOSE 60

7 CLOCK HOURS MUST BE IN SOCIAL WORK ETHICS.

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