PSYCHOLOGY LIMITED LICENSURE

EXAMINATION REQUIREMENTS

House Bill 4549 as introduced

Sponsor:  Rep. Martin Howrylak

Committee:  Health Policy

Complete to 6-12-17

REVISED SUMMARY:

House Bill 4549 would amend the Public Health Code to provide that individuals applying for a limited license in psychology (LLP) who received a master's degree in psychology before June 30, 2010, would not be required to take an examination approved by the board in order to be granted the limited license. 

The Michigan Board of Psychology, within the Department of Licensing and Regulatory Affairs (LARA), currently requires applicants for a master's educational limited license to pass the Examination for Professional Practice in Psychology (EPPP). 

However, there is some confusion surrounding the licensure requirements for the graduating classes of 2009 and 2010, as described below:

·         Administrative Rule R 338.2505a [Rule 5a], promulgated by LARA, which took effect August 14, 2007, exempted applicants who applied prior to June 30, 2010, from the exam requirement.

·         However, another rule promulgated at the same time, R 338.2507(b)(ii)[Rule 7], stated that individuals enrolled in a master's degree program that qualified them for an LLP "before the effective date of this amendatory rule” and who applied for an LLP within 5 years of the effective date, would be eligible under the old (exam-free) rules. 

o   The effective date of Rule 7 was August 14, 2007.

o   Some members of the classes of 2009 and 2010 interpreted the effective date of this rule to be June 30, 2010, along with the exam requirement.  As such, they believed they had until June 30, 2015, to apply for an LLP.  When LARA notified these individuals in the summer of 2011 that they would need to take the exam to earn an LLP (as they had not applied for the LLP by June 30, 2010) they began their fight for an exemption from the rule, which continues in this legislation.

During this time—from their graduation in 2009 or 2010 until the present—these individuals have been operating with a temporary limited license in psychology (TLLP).  A TLLP is valid for two years and is not renewable.[1]  LARA sent a letter to the applicable TLLP holders in February 2017, informing them that these renewals were issued in error and that their TLLPs would expire on August 31, 2017, or the expiration date on their TLLP, whichever was later.  In order to remain licensed in Michigan, they were informed that they needed to take and pass the EPPP before that date.

(Both Rule 5 and Rule 7 were rescinded in 2015.)

The bill would provide an exemption from the requirement that applicants for a limited license in psychology take the Examination for Professional Practice in Psychology for applicants received their master's degrees in psychology prior to June 30, 2010. 

The bill would take effect 90 days after enactment.

Further information about examination and licensure in psychology: 

https://www.michigan.gov/documents/lara/Psychology_Examination_456046_7.pdf

MCL 333.16141, 333.16145, and 333.18223.

FISCAL IMPACT:

The bill does not appear to have significant fiscal impact.

                                                                                        Legislative Analyst:   Jenny McInerney

                                                                                                Fiscal Analyst:   Marcus Coffin

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.



[1] Note: Typically, temporary licenses are valid for 18 months, in accordance with the Public Health Code.  During that time, TLLPs had terms of two years, presumably in order to maintain consistency with the other psychology licenses. http://www.legislature.mi.gov/(S(m4za3zkldft3znjr31nsnsra))/mileg.aspx?page=getObject&objectName=mcl-333-16181