June 15, 2006, Introduced by Rep. Gaffney and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16903, 16905, and 16907 (MCL 333.16903,
333.16905, and 333.16907), as added by 1995 PA 126.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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), 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.
(3) The board may grant a limited license to an individual who
has met the requirements of section 16909(a) and (b) in order to
permit that individual to obtain the experience required under
section 16909(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) 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) to hold a
limited license.
(5) The following words, titles, or letters or a combination
thereof, with or without qualifying words or phrases, are
restricted in use only to those individuals authorized under this
part to use the terms and in a way prescribed by this part:
"marriage advisor" or "marriage consultant"; "family counselor",
"family advisor", "family therapist", or "family consultant";
"family guidance counselor", "family guidance advisor", or "family
guidance consultant"; "marriage guidance counselor", "marriage
guidance advisor", or "marriage guidance consultant"; "family
relations counselor"; "marriage relations counselor", "marriage
relations advisor", or "marriage relations consultant"; or "marital
counselor" or "marital therapist".
Sec. 16905. (1) This part does not apply to an individual
engaged
in the practice of social work 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 part 185,
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 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 if the cleric 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)
16903 and if no fee or donation is exacted for the
service.
(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)
16903 for advertising purposes. However, 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 licensed.
(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)
16903. 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 service technician,
fully
licensed psychologist, limited licensed psychologist, temporary
limited licensed psychologist, licensed professional counselor,
limited licensed counselor, or school counselor.
Sec. 16907. (1) Subject to section 16913(2), the Michigan
board of marriage and family therapy is created in the department.
The board consists of the following 9 voting members who shall meet
the requirements of part 161: six licensed marriage and family
therapists and 3 public members.
(2) Subject to section 16913(2), the terms of office of
individual members of the board created under subsection (1),
except those appointed to fill vacancies, expire 4 years after
appointment on June 30 of the year in which the term will expire.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6147(request no.
05150'05) of the 93rd Legislature is enacted into law.