HB-5474, As Passed Senate, September 29, 2004                               

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5474

                                                                             A bill to amend 1978 PA 368, entitled                                             

"Public health code,"                                                       

by amending section 16905 (MCL 333.16905), as added by 1995 PA              

126.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 16905.  (1) This part does not apply to an individual                  

2   engaged in social work as defined in section  1601 of the                   

3   occupational code, Act No. 299 of the Public Acts of 1980, being            

4   section 339.1601 of the Michigan Compiled Laws 18501, in the               

5   course of employment with a governmental agency or a reputable              

6   social service agency regularly providing social work services as           

7   an agency.                                                                  

8       (2) This part does not apply to a service provider who is an                

9   ordained cleric or other religious practitioner who  is employed            

10  by or working under the authority of an organization exempt from            

1   taxation under section 501(c)(3) of the internal revenue code of            

2   1986, 26 U.S.C. 501, if the advice or counsel given by the cleric           

3   or other religious practitioner is incidental to his or her                 

4   duties as a cleric or other religious practitioner, and provides           

5   advice, guidance, or teaching based on his or her religious                 

6   beliefs, creeds, or doctrines if the cleric or other religious              

7   practitioner does not hold himself or herself out to the public             

8   as a marriage and family therapist licensed under this article or           

9   use 1 or more of the titles listed in section  16263(1)(p)

10  16263(1)(q) and if no fee or donation is exacted for the                    

11  service.  This part does not prohibit a service provider from               

12  accepting a voluntary contribution.                                         

13      (3) This part does not apply to an ordained cleric or other                 

14  religious practitioner who has been authorized by law to                    

15  officiate at a marriage if that person provides, in writing, an             

16  affidavit clearly stating that the provider is a member of the              

17  clergy or a religious practitioner, is not a marriage and family            

18  therapist licensed under this article, and does not use 1 or more           

19  of the titles listed in section 16263(1)(q), and that the advice,           

20  guidance, or teaching is based on the religious beliefs, creeds,            

21  or doctrines of the provider.

22  (4)  (3)  This part does not apply to a physician licensed                  

23  under this article who has completed an accredited psychiatric              

24  residency program approved by the Michigan board of medicine or             

25  to a psychologist fully licensed under this article, if both of             

26  the following circumstances exist:                                          

27      (a) The individual is practicing his or her profession in a                 

1   manner consistent with his or her education and training and is             

2   practicing in a manner consistent with the code of ethics of that           

3   profession.                                                                 

4       (b) The individual does not hold himself or herself out to                  

5   the public as a marriage and family therapist licensed under this           

6   article or use any of the titles listed in section  16263(1)(p)

7   16263(1)(q) for advertising purposes.   However, this This

8   subdivision does not prohibit the individual from advertising               

9   under a telephone or other business directory listing that uses             

10  those titles if the individual discloses in the listing, in an              

11  unabbreviated fashion, the profession in which he or she is                 

12  licensed.                                                                   

13  (5)  (4)  This part does not limit an individual in, or                     

14  prevent an individual from, the practice of a statutorily                   

15  regulated profession or occupation if services to families,                 

16  couples, or subsystems of families are part of the services                 

17  provided by that profession or occupation, and if the individual            

18  does not hold himself or herself out to the public as a marriage            

19  and family therapist licensed under this article or use 1 or more           

20  of the titles listed in section  16263(1)(p) 16263(1)(q).  As              

21  used in this subsection, "statutorily regulated profession or               

22  occupation" means an occupation or profession regulated by                  

23  statute that includes, but is not limited to, all of the                    

24  following:  a physician, attorney, social worker, certified                 

25  social worker, social work technician, fully licensed                       

26  psychologist, limited licensed psychologist, temporary limited              

27  licensed psychologist, licensed professional counselor, limited             

1   licensed counselor, or school counselor.                                    

2       Enacting section 1.  This amendatory act takes effect                       

3   October 1, 2004.                                                            

4       Enacting section 2.  This amendatory act does not take                      

5   effect unless Senate Bill No. 959 of the 92nd Legislature is                

6   enacted into law.