February 24, 2004, Introduced by Senator JACOBS and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16131 and 16263 (MCL 333.16131 and
333.16263), as amended by 2001 PA 139, and by adding section
16346 and part 176.
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
3 vacancies, expire 4 years after appointment as follows:
4 Nursing June 30
5 Nursing home administrator June 30
6 Optometry June 30
7 Pharmacy June 30
8 Podiatric medicine and surgery June 30
1 Dentistry June 30
2 Chiropractic December 31
3 Counseling June 30
4 Marriage and family therapy June 30
5 Speech-language pathology December 31
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 Social work December 31
12 Veterinary medicine December 31
13 Sec. 16263. (1) Except as provided in subsection (2), the
14 following words, titles, or letters or a combination thereof,
15 with or without qualifying words or phrases, are restricted in
16 use only to those persons authorized under this article to use
17 the terms and in a way prescribed in this article:
18 (a) "Chiropractic", "doctor of chiropractic", "chiropractor",
19 "d.c.", and "chiropractic physician".
20 (b) "Dentist", "doctor of dental surgery", "oral and
21 maxillofacial surgeon", "orthodontist", "prosthodontist",
22 "periodontist", "endodontist", "oral pathologist", "pediatric
23 dentist", "dental hygienist", "registered dental hygienist",
24 "dental assistant", "registered dental assistant", "r.d.a.",
25 "d.d.s.", "d.m.d.", and "r.d.h.".
26 (c) "Doctor of medicine" and "m.d.".
27 (d) "Physician's assistant" and "p.a.".
1 (e) "Registered professional nurse", "registered nurse",
2 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",
3 "nurse anesthetist", "nurse practitioner", "trained attendant",
4 and "t.a.".
5 (f) "Doctor of optometry", "optometrist", and "o.d.".
6 (g) "Osteopath", "osteopathy", "osteopathic practitioner",
7 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.".
8 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore",
9 "druggist", "medicine store", "prescriptions", and "r.ph.".
10 (i) "Physical therapy", "physical therapist",
11 "physiotherapist", "registered physical therapist", "licensed
12 physical therapist", "physical therapy technician", "p.t.",
13 "r.p.t.", "l.p.t.", and "p.t.t.".
14 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry",
15 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot
16 specialist", "podiatric physician and surgeon", and "d.p.m.".
17 (k) "Consulting psychologist", "psychologist", "psychological
18 assistant", "psychological examiner", "licensed psychologist",
19 and "limited licensed psychologist".
20 (l) "Licensed professional counselor", "licensed counselor",
21 "professional counselor", and "l.p.c.".
22 (m) "Sanitarian", "registered sanitarian", and "r.s.".
23 (n) "Social worker", "certified social worker", "social work
24 technician", "s.w.", "c.s.w.", and "s.w.t.".
25 (o) "Veterinary", "veterinarian", "veterinary doctor",
26 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",
27 "d.v.m.", "animal technician", or "animal technologist".
1 (p) "Occupational therapist", "occupational therapist
2 registered", "certified occupational therapist", "o.t.",
3 "o.t.r.", "c.o.t.", "certified occupational therapy assistant",
4 "occupational therapy assistant", or "c.o.t.a.".
5 (q) "Marriage advisor" or "marriage consultant"; "family
6 counselor", "family advisor", "family therapist", or "family
7 consultant"; "family guidance counselor", "family guidance
8 advisor", or "family guidance consultant"; "marriage guidance
9 counselor", "marriage guidance advisor", or "marriage guidance
10 consultant"; "family relations counselor"; "marriage relations
11 counselor", "marriage relations advisor", or "marriage relations
12 consultant"; "marital counselor" or "marital therapist"; "limited
13 licensed marriage and family therapist" or "limited licensed
14 marriage counselor"; "licensed marriage and family therapist" or
15 "licensed marriage counselor"; and "l.m.f.t.".
16 (r) "Nursing home administrator".
17 (s) "Speech-language pathologist", "speech pathologist",
18 "speech therapist", "speech correctionist", "speech clinician",
19 "language therapist", "language pathologist", "logopedist",
20 "communicologist", "aphasiologist", "phoniatrist", "voice
21 therapist", and "voice pathologist".
22 (2) Notwithstanding section 16261, a person who was specially
23 trained at an institution of higher education in this state to
24 assist a physician in the field of orthopedics and upon
25 completion of training, received a 2-year associate of science
26 degree as an orthopedic physician's assistant before January 1,
27 1977, may use the title "orthopedic physician's assistant"
1 whether or not the person is licensed under this article.
2 Sec. 16346. Fees for an individual licensed or seeking
3 licensure as a speech therapist or speech pathologist under part
4 176 are as follows:
5 (a) Application processing fee........................$ 20.00
6 (b) License fee, per year............................ 75.00.
7 PART 176. SPEECH-LANGUAGE PATHOLOGY
8 Sec. 17601. (1) As used in this part:
9 (a) "Practice of speech-language pathology" means the
10 application of principles, methods, and procedures related to the
11 development of disorders of human communication including, but
12 not limited to, the following:
13 (i) Screening, identifying, assessing, interpreting,
14 diagnosing, rehabilitating, and preventing disorders of speech
15 and language.
16 (ii) Screening, identifying, assessing, interpreting,
17 diagnosing, rehabilitating, and preventing disorders of
18 oral-pharyngeal function, dysphagia, and related disorders.
19 (iii) Screening, identifying, assessing, interpreting,
20 diagnosing, rehabilitating, and preventing
21 cognitive-communicative disorders.
22 (iv) Assessing, selecting, and developing augmentative and
23 alternative communication systems and providing training in their
24 use.
25 (v) Providing aural rehabilitation and related counseling
26 services to hearing impaired individuals and their families.
27 (vi) Enhancing speech-language proficiency and communication
1 effectiveness.
2 (vii) Screening of hearing and other factors for the purpose
3 of speech-language evaluation or the initial identification of
4 individuals with other communication disorders provided that
5 judgments and descriptive statements about results of that
6 screening are limited to pass-fail determinations.
7 (b) "Speech-language pathologist" means an individual engaged
8 in the practice of speech-language pathology.
9 (2) In addition to the definitions in this part, article 1
10 contains general definitions and principles of construction
11 applicable to all articles in this code and part 161 contains
12 definitions applicable to this part.
13 Sec. 17603. Beginning the effective date of the amendatory
14 act that added this part, an individual shall not use the titles
15 "speech-language pathologist", "speech pathologist", "speech
16 therapist", "speech correctionist", "speech clinician", "language
17 therapist", "language pathologist", "logopedist",
18 "communicologist", "aphasiologist", "phoniatrist", "voice
19 therapist", and "voice pathologist", or similar words that
20 indicate that the individual is a speech-language pathologist,
21 unless the individual is licensed under this article as a
22 speech-language pathologist.
23 Sec. 17605. The Michigan board of speech-language pathology
24 is created in the department and consists of the following 7
25 members who meet the requirements of part 161:
26 (a) Four individuals who meet the requirements of section
27 16135(2). The speech-language pathologists shall be from a list
1 of at least 3 times the number of vacancies submitted to the
2 governor by the Michigan speech-language-hearing association.
3 (b) Three public members.
4 Sec. 17607. (1) An individual shall not engage in the
5 practice of speech-language pathology unless licensed under this
6 part.
7 (2) Subsection (1) does not prevent any of the following:
8 (a) An individual licensed under any other part or act from
9 performing activities that are considered speech-language
10 pathology services if those activities are within the
11 individual's scope of practice and if the individual does not use
12 the titles protected under section 17603.
13 (b) An individual not licensed under this part from
14 performing activities that are considered speech-language
15 pathology services while under the supervision of an individual
16 who is licensed under this part, if the individual does not use
17 the titles protected under section 17603.
18 (c) The practice of speech-language pathology that is an
19 integral part of a program of study by students enrolled in an
20 accredited speech-language pathology educational program approved
21 by the board, provided that they are identified as students and
22 provide speech-language pathology services only while under the
23 supervision of a licensed speech-language pathologist.
24 (d) An individual who meets the qualifications established
25 by the state board of education as a teacher of the speech and
26 language impaired, employed or contracted for employment by a
27 school district, intermediate school district, nonpublic school,
1 or department of state government that provides educational
2 services. This part does not prevent that individual from
3 engaging in his or her employment so long as the individual does
4 not use the titles protected under section 17603, and this part
5 does not prevent a teacher of the speech and language impaired,
6 employed or contracted for employment by school districts,
7 intermediate school districts, nonpublic schools, or departments
8 of state government that provide educational services, from
9 obtaining a license under this part.
10 (e) Self-care by a patient or uncompensated care by a friend
11 or family member who does not represent or hold himself or
12 herself out to be a licensed speech-language pathologist.
13 Sec. 17609. (1) The department shall, upon submission of a
14 completed application and payment of the appropriate application
15 processing and license fee, issue a license under this part to an
16 individual who possesses a master's or doctorate degree in
17 speech-language pathology acceptable to the board and who
18 fulfills either of the following:
19 (a) Successful completion of an accredited speech-language
20 pathology training program approved by the department and the
21 board having at least 9 months, or the equivalent, of full-time
22 supervised postgraduate clinical experience in speech-language
23 pathology and passing a national examination acceptable to the
24 board.
25 (b) Having the credential conferred by the American
26 speech-language-hearing association or its successor organization
27 as a certified speech-language-pathologist or its successor
1 credential, acceptable to the board. The credential conferred by
2 the American speech-language-hearing association as a certified
3 speech-language pathologist is considered the substantial
4 equivalent to the requirements of subdivision (a) and that
5 credential and the standards of qualification for that
6 credential, as they exist on the effective date of the amendatory
7 act that added this part, are adopted by reference.
8 (2) The board may promulgate rules under section 16145 as
9 necessary or appropriate to fulfill its functions under this
10 article and to amend or supplement the requirements for licensure
11 under subsection (1), including adopting updated standards of
12 that organization or standards of any successor organization of
13 the American speech-language-hearing association.
14 (3) Subject to section 16204, the department shall by rule
15 prescribe continuing education requirements as a condition for
16 licensure renewal.
17 Sec. 17611. The department shall issue a license to an
18 applicant from another state that offers reciprocity to licensees
19 in Michigan and has licensure requirements substantially
20 equivalent to this part, as determined by the board.
21 Sec. 17613. This part does not require new or additional
22 third party reimbursement or mandated worker's compensation
23 benefits for services rendered by an individual licensed under
24 this part.