Bill Summary – FastDemocracy

HOUSE BILL NO. 5185
     October 19, 2023, Introduced by Reps. Edwards, Brabec, Rheingans, Price, Byrnes, Wilson,
       Conlin, Hope, Hood, Dievendorf and Morgan and referred to the Committee on Health Policy.
          A bill to amend 1978 PA 368, entitled
    "Public health code,"
    by amending sections 16177, 16348, 18101, and 18501 (MCL 333.16177,
16348, 333.18101, and 333.18501), section 16177 as amended by
PA 481, sections 16348 and 18501 as amended by 2004 PA 61,
    section 18101 as amended by 2019 PA 96.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 16177. (1) An individual applying for licensure or
 registration under this article shall do so on a form provided by
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  the department. The department shall require each applicant to
  include on the application form his or her social security the
  applicant's Social Security number. The department shall not
  display an applicant's social security Social Security number on
  his or her the applicant's license or registration. If the facts
  set forth in the application meet the requirements of the board or
  task force and this article for licensure or registration, the
  board or task force shall grant a license or registration to the
  applicant. A Except as otherwise provided in this article, a board
 or task force may require the applicant to take an examination to
 determine if the applicant meets the qualifications for licensure
 or registration. The examination shall must include subjects
 determined by the board or task force to be essential to the safe
 and competent practice of the health profession, the appropriate
 use of a title, or both. Passing scores or the procedure used to
 determine passing scores shall must be established before an
 examination is administered.
       (2) In addition to the information required under subsection
 (1), an applicant for licensure or registration or a licensee or
 registrant applying for renewal shall include on a form provided by
 the department all of the following information, if applicable:
       (a) A felony conviction.
       (b) A misdemeanor conviction punishable by imprisonment for a
 maximum term of 2 years or a misdemeanor conviction involving the
 illegal delivery, possession, or use of alcohol or a controlled
 substance.
       (c) Sanctions imposed against the applicant by a similar
 licensure, registration, certification, or disciplinary board of
 another state or country.
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        (3) In addition to the information required under subsections
  (1) and (2), a physician, osteopathic physician, dentist, or
  podiatrist applying for licensure or renewal under this article
  shall report to the department on a form provided by the department
  the name of each hospital with which he or she the applicant is
  employed or under contract, and each hospital in which he or she
  the applicant is allowed to practice.
        (4) In addition to the information required under subsections
  (1), (2), and (3), an applicant for licensure and, beginning the
 license renewal cycle after the effective date of the amendatory
 act that added section 16213, December 6, 2006, a licensee applying
 for renewal shall provide the department, on the application or the
 license renewal form, with an affidavit stating that he or she the
 applicant has a written policy for protecting, maintaining, and
 providing access to his or her the applicant's medical records in
 accordance with section 16213 and for complying with section 16213
 in the event that he or she the applicant sells or closes his or
 her the applicant's practice, retires from practice, or otherwise
 ceases to practice under this article. The applicant or licensee
 shall make the written policy available to the department upon
 request.
       (5) A requirement under this section to include a social
 security Social Security number on an application does not apply to
 an applicant who demonstrates he or she that the applicant is
 exempt under law from obtaining a social security Social Security
 number or to an applicant who for religious convictions is exempt
 under law from disclosure of his or her social security the
 applicant's Social Security number under these circumstances. The
 department shall inform the applicant of this possible exemption.
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        Sec. 16348. Fees for a person an individual licensed or
  seeking licensure as a licensed bachelor's to engage in the
  practice of social worker or a licensed work at the bachelor's
  level, the practice of social work at the master's social worker
  level, or the practice of social work at the clinical level, or a
  person an individual registered or seeking registration as a
  registered social service technician under part 185 are as follows:
        (a) Application processing fee....................... $     15.00
        (b) License fee, per year:
       (i) Licensed bachelor's social worker................       25.00
       (ii) Licensed master's social worker..................      25.00
       (iii) Licensed clinical social worker                       25.00
       (c) Registration fee, per year, for a social service
           technician.......................................       25.00
       Sec. 18101. As used in this part:
       (a) "Clinical counseling principles, methods, or procedures"
 means 1 or more of the following:
       (i) Psychotherapy, the diagnosis and treatment planning for
 mental and emotional disorders, and evaluation.
       (ii) Selecting, administering, scoring, and interpreting
 assessments, tests, and appraisals that are designed to assess an
 individual's aptitudes, interests, attitudes, abilities,
 achievements, and personal characteristics in order to use
 appraisal and diagnostic results in helping processes.
       (iii) Psychoeducational consulting. As used in this
 subparagraph, "psychoeducational consulting" means assisting a
 consultee that is working with an individual, small group, or
 organization by identifying problems, strengths, and weaknesses and
 making recommendations for the implementation of preventative or
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  remedial strategies.
        (iv) Counseling techniques. As used in this subparagraph:
        (A) "Counseling techniques" means the application of basic
  counseling and psychotherapy skills and theories in the counseling
  process for the purposes of establishing and maintaining the
  counseling relationship; diagnosing the problem; formulating a
  preventative, treatment, or rehabilitative plan; and facilitating
  appropriate interventions.
        (B) "Diagnosing the problem" means the identification of the
 problem through the application of recognized counseling techniques
 and psychotherapy skills and theories, including the use of the
 classifications and diagnoses in the Diagnostic and Statistical
 Manual for Mental Disorders, obtained through the successful
 completion of a qualified program. Diagnosing the problem does not
 include the identification of other medical or physical conditions.
       (v) Behavioral modification techniques. As used in this
 subparagraph, "behavioral modification techniques" means assisting
 clients in identifying maladaptive or harmful behaviors and
 replacing them with adaptive and helpful behaviors.
       (vi) Referral. As used in this subparagraph, "referral"
 includes determining the need for referral to 1 or more statutorily
 regulated mental health professionals whose expertise, skills, and
 competence are appropriate to the problems of the individual,
 informing the individual of the referral, and communicating as
 appropriate with the professional to whom the individual has been
 referred.
       (vii) Preventative techniques. As used in this subparagraph,
 "preventative techniques" means assisting a client in maintaining
 mental and emotional well-being and preventing emotional distress
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  and mental illness.
        (viii) Establishing a counseling plan for the treatment of 1 or
  more of the following disorders of an individual, couple, group, or
  family:
        (A) An emotional disorder.
        (B) A mental disorder.
        (C) An addiction disorder.
        (D) A physical disorder that requires a counseling
  intervention.
       (ix) Promoting mental health wellness. As used in this
 subparagraph, "mental health wellness" means the achievement of
 social, career, and emotional development across an individual's
 life span.
       (x) Preventing and treating mental and emotional disorders. As
 used in this subparagraph, "preventing and treating mental and
 emotional disorders" includes the use of crisis intervention.
       (b) "Licensed professional counselor" means an individual who
 is licensed under this article to engage in the practice of
 counseling without supervision.
       (c) "Limited licensed counselor" means an individual who has
 been granted a limited license under this article to engage in the
 practice of counseling under the supervision of a licensed
 professional counselor who meets the requirement of section 18106.
       (d) Except as otherwise provided in subdivision (e), "practice
 of counseling" or "counseling" means the rendering to individuals,
 groups, families, organizations, or the general public in
 accordance with accepted and established ethics a service involving
 clinical counseling principles, methods, or procedures for the
 purpose of achieving social, personal, career, and emotional
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  development and with the goal of promoting and enhancing healthy
  self-actualizing and satisfying lifestyles whether the services are
  rendered in an educational, business, health, private practice, or
  human services setting.
        (e) The practice of counseling does not include the practice
  of psychology except for those preventive techniques, counseling
  techniques, or behavior modification techniques for which the
  licensed professional counselor or limited licensed counselor has
  been specifically trained. The practice of counseling does not
 include the practice of medicine or osteopathic medicine and
 surgery, including, but not limited to, the differential diagnosis
 of medical conditions or disorders, prescribing drugs, or
 administering electroconvulsive therapy. A counselor shall not hold
 himself or herself out as any of the following:
       (i) A psychologist as defined in section 18201.
       (ii) A marriage and family therapist as defined in section
 16901.
       (iii) A licensed bachelor's social worker, or a licensed
 master's social worker, or a licensed clinical social worker as
 those terms are defined in section 18501.
       (f) "Qualified program" means any of the following:
       (i) A program that is accredited by the Council for the
 Accreditation of Counseling and Related Educational Programs,
 includes coursework and training in the diagnosis and treatment of
 mental and emotional disorders, and is approved by the department
 in consultation with the board.
       (ii) A program that is not accredited by the Council for the
 Accreditation of Counseling and Related Educational Programs,
 includes coursework and training in the diagnosis and treatment of
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  mental and emotional disorders and all other coursework
  requirements of the Council for the Accreditation of Counseling and
  Related Educational Programs, including practicum and internship
  requirements, and is approved by the department in consultation
  with the board.
        Sec. 18501. (1) As used in this part:
        (a) "Health facility" means a health facility or agency
  licensed under article 17 or a hospital, psychiatric hospital, or
  psychiatric unit licensed under the mental health code, 1974 PA
 258, MCL 330.1001 to 330.2106.
       (b) "Licensed bachelor's social worker" means an individual
 who is licensed under this article to engage in the practice of
 social work at the bachelor's level.
       (c) "Licensed clinical social worker" means an individual who
 is licensed under this article to engage in the practice of social
 work at the clinical level.
       (d) (c) "Licensed master's social worker" means an individual
 who is licensed under this article to engage in the practice of
 social work at the master's level.
       (e) (d) "Practice of medicine" means that term as defined in
 section 17001.
       (f) (e) "Practice of osteopathic medicine and surgery" means
 that term as defined in section 17501.
       (g) (f) "Practice of social work at the bachelor's level"
 means, subject to subsections (2) and (4), (3), all of the
 following applied within the scope of social work values, ethics,
 principles, and skills:
       (i) The application of social work theory, knowledge, methods,
 and ethics to restore or enhance social, psychosocial, or
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  biopsychosocial functioning of individuals, couples, families,
  groups, organizations, or communities, with particular attention to
  the person-in-environment configuration.
        (ii) Social work case management and casework, including
  assessments, planning, referral, and intervention with individuals,
  families, couples, groups, communities, or organizations within the
  context of social work values, ethics, principles, and skills.
        (iii) Helping communities, organizations, individuals, or groups
  improve their social or health services by utilizing social work
 practice skills.
       (iv) The administration of assessment checklists that do not
 require special training and that do not require interpretation.
       (h) "Practice of social work at the clinical level" means,
 subject to subsection (4), all of the following applied within the
 scope of social work values, ethics, principles, and advanced
 skills:
       (i) The advanced application of the knowledge of human
 development and behavior and social, economic, and cultural
 institutions.
       (ii) The advanced application of macro social work processes
 and systems to improve the social or health services of
 communities, groups, or organizations through planned
 interventions.
       (iii) The independent application of specialized clinical
 knowledge and advanced clinical skills in the areas of assessment,
 diagnosis, and treatment of mental, emotional, and behavioral
 disorders, conditions, and addictions. Treatment methods include
 the provision of advanced social work case management and casework
 and individual, couple, family, or group counseling and
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  psychotherapy whether in private practice or other settings.
        (i) (g) "Practice of social work at the master's level" means,
  subject to subsection (5), (4), all of the following applied within
  the scope of social work values, ethics, principles, and advanced
  skills:
        (i) The advanced application of the knowledge of human
  development and behavior and social, economic, and cultural
  institutions.
        (ii) The advanced application of macro social work processes
 and systems to improve the social or health services of
 communities, groups, or organizations through planned
 interventions.
       (iii) The Through December 31, 2024, the application of
 specialized clinical knowledge and advanced clinical skills in the
 areas of assessment, diagnosis, and treatment of mental, emotional,
 and behavioral disorders, conditions, and addictions. Beginning
 January 1, 2025, the application of specialized clinical knowledge
 and skills in the areas of assessment, diagnosis, and treatment of
 mental, emotional, and behavioral disorders, conditions, and
 addictions under the supervision of a licensed clinical social
 worker. Treatment methods include the provision of advanced social
 work case management and casework and individual, couple, family,
 or group counseling and psychotherapy whether in private practice
 or other settings.
       (j) (h) "Social service technician" means an individual
 registered under this article who is specially trained to practice
 only under the supervision of a licensed master's social worker or
 a licensed bachelor's social worker.
       (2) An individual who performs 1 or more of the functions
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