June 30, 2011, Introduced by Senators EMMONS, MOOLENAAR, GLEASON, GREEN, HILDENBRAND, CASWELL, HUNTER, MEEKHOF, JANSEN, JONES and KOWALL and referred to the Committee on Judiciary.
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), section 16901 as added by 1995 PA 126
and sections 16903 and 16905 as amended by 2006 PA 388.
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)(3) 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), 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.
(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 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 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 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
or
other religious practitioner service
provider 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 16903 and if no fee or donation is exacted
for the service. This part does not prohibit a service provider
from accepting a voluntary contribution.
(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 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
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, social service
technician, fully licensed psychologist, limited licensed
psychologist, temporary limited licensed psychologist, licensed
professional counselor, limited licensed counselor, or school
counselor.
(5) This part does not apply to a service provider who is a
member of the clergy or other religious practitioner and who has
been authorized by law to officiate at a marriage if the service
provider provides, in writing, an affidavit clearly stating that
the service 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 16903, and that the advice, guidance, or teaching is based
on the religious beliefs, creeds, or doctrines of the service
provider.
(6) 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 and does not use 1 or more of the titles listed in
section 16903.
Enacting section 1. This amendatory act takes effect October
1, 2011.