HB-5702, As Passed House, June 29, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5702

     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) "Member of the clergy" means a priest, rabbi, Christian

Science practitioner, or other religious practitioner or similar

functionary of a church, temple, or recognized religious body,

denomination, or organization exempt from taxation under section

501(c) of the internal revenue code, 26 USC 501.

(d)  (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 marital or family conflict or discord, to create, improve,

or restore 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  an ordained cleric  a service

provider who is a member of the clergy 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.  USC 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 who provides advice, guidance, or teaching based

on his or her religious beliefs, creeds, or doctrines if the

cleric  member of the clergy 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

House Bill No. 5702 (H-3) as amended June 29, 2006

contribution.

     (3) This part does not apply to a member of the clergy 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) This part does not apply to an individual who only provides prayer to address individual, marital, or family conflict or discord, 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)(q).

(5)]  (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

House Bill No. 5702 (H-3) as amended June 29, 2006

licensed.

[(6)]  (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, or

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, 2006.