SB-0189, As Passed Senate, March 24, 2004
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 189
(As amended March 18, 2004)
[A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16263, 16348, 18501, 18503, 18505,
18507, 18509, 18511, 18513, and 18515 (MCL 333.16263, 333.16348,
333.18501, 333.18503, 333.18505, 333.18507, 333.18509,
333.18511, 333.18513, and 333.18515), section 16263 as amended by
2004 PA 3 and sections 16348, 18501, 18503, 18505, 18507, 18509,
18511, 18513, and 18515 as added by 2000 PA 11, and by adding sections
18504, 18506, 18506a, 18516, 18517, and 18518.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 16263. (1) Except as provided in subsection (2), the
2 following words, titles, or letters or a combination thereof,
3 with or without qualifying words or phrases, are restricted in
4 use only to those persons authorized under this article to use
1 the terms and in a way prescribed in this article:
2 (a) "Chiropractic", "doctor of chiropractic", "chiropractor",
3 "d.c.", and "chiropractic physician".
4 (b) "Dentist", "doctor of dental surgery", "oral and
5 maxillofacial surgeon", "orthodontist", "prosthodontist",
6 "periodontist", "endodontist", "oral pathologist", "pediatric
7 dentist", "dental hygienist", "registered dental hygienist",
8 "dental assistant", "registered dental assistant", "r.d.a.",
9 "d.d.s.", "d.m.d.", and "r.d.h.".
10 (c) "Doctor of medicine" and "m.d.".
11 (d) "Physician's assistant" and "p.a.".
12 (e) "Registered professional nurse", "registered nurse",
13 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",
14 "nurse anesthetist", "nurse practitioner", "trained attendant",
15 and "t.a.".
16 (f) "Doctor of optometry", "optometrist", and "o.d.".
17 (g) "Osteopath", "osteopathy", "osteopathic practitioner",
18 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.".
19 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore",
20 "druggist", "medicine store", "prescriptions", and "r.ph.".
21 (i) "Physical therapy", "physical therapist",
22 "physiotherapist", "registered physical therapist", "licensed
23 physical therapist", "physical therapy technician", "p.t.",
24 "r.p.t.", "l.p.t.", and "p.t.t.".
25 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry",
26 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot
27 specialist", "podiatric physician and surgeon", and "d.p.m.".
1 (k) "Consulting psychologist", "psychologist", "psychological
2 assistant", "psychological examiner", "licensed psychologist",
3 and "limited licensed psychologist".
4 (l) "Licensed professional counselor", "licensed counselor",
5 "professional counselor", and "l.p.c.".
6 (m) "Sanitarian", "registered sanitarian", and "r.s.".
7 (n) Until July 1,
2005, "Social "social worker",
"certified
8 social worker", "social work technician", "s.w.", "c.s.w.", and
9 "s.w.t.". Beginning July 1, 2005, "social worker", "licensed
10 master's social worker", "licensed bachelor's social worker",
11 "registered social service technician", "social service
12 technician", "l.m.s.w.", "l.b.s.w.", and "r.s.s.t.".
13 (o) "Veterinary", "veterinarian", "veterinary doctor",
14 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",
15 "d.v.m.", "animal technician", or "animal technologist".
16 (p) "Occupational therapist", "occupational therapist
17 registered", "certified occupational therapist", "o.t.",
18 "o.t.r.", "c.o.t.", "certified occupational therapy assistant",
19 "occupational therapy assistant", or "c.o.t.a.".
20 (q) "Marriage advisor" or "marriage consultant"; "family
21 counselor", "family advisor", "family therapist", or "family
22 consultant"; "family guidance counselor", "family guidance
23 advisor", or "family guidance consultant"; "marriage guidance
24 counselor", "marriage guidance advisor", or "marriage guidance
25 consultant"; "family relations counselor"; "marriage relations
26 counselor", "marriage relations advisor", or "marriage relations
27 consultant"; "marital counselor" or "marital therapist"; "limited
1 licensed marriage and family therapist" or "limited licensed
2 marriage counselor"; "licensed marriage and family therapist" or
3 "licensed marriage counselor"; and "l.m.f.t.".
4 (r) "Nursing home administrator".
5 (s) "Respiratory therapist", "respiratory care practitioner",
6 "licensed respiratory therapist", "licensed respiratory care
7 practitioner", "r.t.", "r.c.p.", "l.r.t.", and "l.r.c.p.".
8 (2) Notwithstanding section 16261, a person who was specially
9 trained at an institution of higher education in this state to
10 assist a physician in the field of orthopedics and upon
11 completion of training, received a 2-year associate of science
12 degree as an orthopedic physician's assistant before January 1,
13 1977, may use the title "orthopedic physician's assistant"
14 whether or not the person is licensed under this article.
15 Sec. 16348. Fees for
a person registered licensed or
16 seeking registration licensure
as a registered bachelor
17 licensed bachelor's
social worker , or a registered licensed
18 master's social worker ,
or a person registered or seeking
19 registration as a
registered social work service technician
20 under part 185 are as follows:
21 (a) Application processing fee........................ $ 15.00
22 (b) Registration License
fee, per year:
23 (i) Social Licensed bachelor's social
worker........ 15.00
24 25.00
Senate Bill No. 189 (H-5) as amended March 18, 2004
1 (ii) Certified Licensed master's social
worker...... 15.00
2 25.00
3 (c) (iii) Social work Registration
fee, per year,
4 for a social service
technician....................... 15.00
5 25.00
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16 Sec. 18501. (1) As used in this part:
17 (a) "Health facility" means a health facility or agency
18 licensed under article 17 or a hospital, psychiatric hospital, or
19 psychiatric unit licensed under the mental health code, 1974
20 PA 258, MCL 330.1001 to 330.2106.
21 (b) "Licensed bachelor's social worker" means an individual
22 licensed under this article to engage in the practice of social
23 work at the bachelor's level.
24 (c) "Licensed master's social worker" means an individual
25 licensed under this article to engage in the practice of social
26 work at the master's level.
27 (d) "Practice of medicine" means that term as defined in
1 section 17001.
2 (e) "Practice of osteopathic medicine and surgery" means that
3 term as defined in section 17501.
4 (f) "Practice of social work at the bachelor's level" means,
5 subject to subsections (2) and (4), all of the following applied
6 within the scope of social work values, ethics, principles, and
7 skills:
8 (i) The application of social work theory, knowledge,
9 methods, and ethics to restore or enhance social, psychosocial,
10 or biopsychosocial functioning of individuals, couples, families,
11 groups, organizations, or communities, with particular attention
12 to the person-in-environment configuration.
13 (ii) Social work case management and casework, including
14 assessments, planning, referral, and intervention with
15 individuals, families, couples, groups, communities, or
16 organizations within the context of social work values, ethics,
17 principles, and skills.
18 (iii) Helping communities, organizations, individuals, or
19 groups improve their social or health services by utilizing
20 social work practice skills.
21 (iv) The administration of assessment checklists that do not
22 require special training and that do not require interpretation.
23 (g) "Practice of social work at the master's level" means,
24 subject to subsection (5), all of the following applied within
25 the scope of social work values, ethics, principles, and advanced
26 skills:
27 (i) The advanced application of the knowledge of human
1 development and behavior and social, economic, and cultural
2 institutions.
3 (ii) The advanced application of macro social work processes
4 and systems to improve the social or health services of
5 communities, groups, or organizations through planned
6 interventions.
7 (iii) The application of specialized clinical knowledge and
8 advanced clinical skills in the areas of assessment, diagnosis,
9 and treatment of mental, emotional, and behavioral disorders,
10 conditions, and addictions. Treatment methods include the
11 provision of advanced social work case management and casework
12 and individual, couple, family, or group counseling and
13 psychotherapy whether in private practice or other settings.
14 (h) (a) "Social
work service technician" means an
15 individual registered
under this article in accordance with
16 section 18507 and
authorized under this part to use the title
17 "social work
technician" or the abbreviation "s.w.t.". who is
18 specially trained to practice only under the supervision of a
19 licensed master's social worker or a licensed bachelor's social
20 worker.
21 (b) "Social
worker" means an individual registered under
22 this article in
accordance with section 18509 and authorized
23 under this part to use
the title "social worker" or the
24 abbreviation
"s.w.".
25 (c)
"Certified social worker" means an individual registered
26 under this article in
accordance with section 18511 and
27 authorized under this
part to use the title "certified social
1 worker" or the
abbreviation "c.s.w.".
2 (d) "Social
work" means the professional application of
3 social work values,
principles, and techniques to counseling or
4 to helping an
individual, family, group, or community do 1 or
5 more of the following:
6 (i) Enhance or restore the capacity for social
functioning.
7 (ii) Provide, obtain, or improve tangible social and
health
8 services.
9 (2) An individual who performs 1 or more of the functions
10 described in subdivision (f)(i) through (iv) but not all of those
11 functions is not considered engaged in the practice of social
12 work at the bachelor's level.
13 (3) (2) In
addition to the definitions of this part,
14 article 1 contains general definitions and principles of
15 construction applicable to all articles in this code and part 161
16 contains definitions applicable to this part.
17 (4) The practice of social work at the bachelor's level does
18 not include the practice of medicine or the practice of
19 osteopathic medicine and surgery, including, but not limited to,
20 the prescribing of drugs, the administration of electroconvulsive
21 therapy, the practice of psychotherapy, and other advanced
22 clinical skills pursuant to section 18501(g)(iii) or the
23 administration or interpretation of psychological tests, except
24 as otherwise provided in subdivision (f)(iv).
25 (5) The practice of social work at the master's level does
26 not include the practice of medicine or the practice of
27 osteopathic medicine and surgery, including, but not limited to,
1 the prescribing of drugs or administration of electroconvulsive
2 therapy.
3 Sec. 18503. (1) An individual shall not represent that he
4 or she is a certified
social worker, social worker, or social
5 work service technician or use a title including "certified
6 social worker",
"social worker", "social
work service
7 technician" , or
an abbreviation of those terms or the letters
8 "c.s.w.",
"s.w.", or "s.w.t." "s.s.t."
or similar words which
9 would indicate that he or she is registered under this article
10 unless the individual is registered in that capacity under this
11 article.
12 (2) Only a licensed bachelor's social worker shall use the
13 title "licensed bachelor's social worker", "social worker", or
14 "l.b.s.w.". Only a licensed master's social worker shall use the
15 title "licensed master's social worker", "social worker", or
16 "l.m.s.w.".
17 Sec. 18504. (1) An individual shall not engage in the
18 practice of social work at the bachelor's or master's level or
19 use a title described in section 18503 unless licensed or
20 otherwise allowed under this part.
21 (2) The department shall issue a license or registration
22 under this part for a duration of 3 years.
23 Sec. 18505. (1) Subject to section 18515(2) and subsection
24 (2), the Michigan board of social work is created in the
25 department and consists of the following 9 voting members who
26 meet the requirements of part 161:
27 (a) Four Until
July 1, 2004, 4 certified social workers and
1 2 social workers who meet the requirements of section 16135(2).
2 Beginning July 1, 2004, 6 individuals engaged primarily in the
3 practice of social work.
4 (b) Three public members.
5 (2) For board members appointed on or after July 1, 2004, the
6 6 members appointed that are primarily engaged in the practice of
7 social work shall be licensed under this part by July 1, 2008.
8 Sec. 18506. An individual who is granted a limited license
9 under section 18509(2) to engage in the 2-year postdegree
10 experience in the practice of social work at the bachelor's or
11 master's level shall practice under the supervision of a licensed
12 master's social worker and confine his or her practice to an
13 agency, a health facility, an institution, or another entity
14 approved by the board.
15 Sec. 18506a. (1) This part does not apply to any of the
16 following:
17 (a) An individual who is engaged in a course of study
18 leading to a degree in social work and participating in an
19 internship or field placement supervised by a licensed master's
20 social worker.
21 (b) An individual who is not licensed or otherwise
22 authorized under this part to engage in the practice of social
23 work at the bachelor's or master's level or registered as a
24 social service technician who donates his or her services, other
25 than psychotherapy services, to a charitable nonprofit
26 organization so long as the individual does not hold himself or
27 herself out to the public as a social worker licensed,
1 registered, or otherwise authorized under this part.
2 (c) An ordained cleric or other religious practitioner if
3 elements of section 18501(f) or (g) are incidental to his or her
4 religious duties performed under the auspices or recognition of a
5 church, denomination, religious association, or sect that has
6 tax-exempt status pursuant to section 501(c)(3) of the internal
7 revenue code of 1986, if he or she does not hold himself or
8 herself out as a social worker licensed, registered, or otherwise
9 authorized under this part.
10 (d) A certified, licensed, or otherwise statutorily
11 recognized member of any other profession who practices his or
12 her profession as authorized by law so long as the individual
13 does not hold himself or herself out to the public as a social
14 worker licensed, registered, or otherwise authorized under this
15 part.
16 (e) An individual who is a participant in a self-help, peer
17 counseling, or support services program provided by either a
18 charitable or labor organization exempt from taxation under
19 section 501(c)(3) or 501(c)(5) of the internal revenue code of
20 1986, so long as the individual does not hold himself or herself
21 out to the public as a social worker licensed, registered, or
22 otherwise authorized under this part. The exemption for a
23 participant in a program described under this subdivision does
24 not otherwise provide an exemption from licensure or registration
25 under this part for an employee of the charitable or labor
26 organization not otherwise authorized to engage in activities or
27 use a title regulated under this part.
1 (f) An individual whose duties may include some or all of
2 the activities described in section 18501(1)(f) as long as he or
3 she is trained and does not hold himself or herself out as an
4 individual licensed or registered under this part or does not use
5 a title regulated by this part, or both.
6 (2) This part does not prohibit an individual who holds a
7 bachelor's, master's, or doctorate degree in social work from an
8 accredited college or university from using a title including
9 "social work" if the individual does not engage in the practice
10 of social work at the bachelor's or master's level.
11 Sec. 18507. (1) The board may grant registration under this
12 article as a social work
service technician to an individual
13 who meets all of the following requirements:
14 (a) Has had 1 year of social work experience acceptable to
15 the board , or
has successfully completed 2 years of college
16 that included some coursework relevant to human services areas.
17 (b) Is employed in the practice of social work and applies
18 social work values, ethics, principles, and skills. This
19 subdivision is waived if the individual has the equivalent of
20 2,000 hours of service in social work with an agency recognized
21 by the board or has received an associate degree in social work
22 at a college approved by the board that includes supervised
23 instructional field experience.
24 (2) The board may grant registration under this article as a
25 limited social service technician to an individual who has
26 successfully completed 2 years of college and is employed in the
27 practice of social work, or has been made an offer of employment
1 in the practice of social work, with an agency recognized by the
2 board, applies social work values, ethics, principles, and skills
3 under the supervision of a licensee under this part, and is
4 seeking to obtain the experience for registration as a social
5 service technician. A limited registration under this subsection
6 is renewable for not more than 1 year.
7 Sec. 18509. The
board may grant a registration under this
8 article as a social
worker to an individual who meets all of the
9 following
requirements:
10 (a) Has obtained a
baccalaureate degree from a college or
11 university approved by
the board.
12 (b) Has 2 or more
years of social work experience acceptable
13 to the board or is
enrolled in a graduate school of social work
14 approved by the board,
or has a master's degree from an
15 accredited school of
social work approved by the board or has the
16 equivalent of 4,000
hours of service in social work with an
17 agency recognized by
the board.
18 (c) Is employed in
the practice of social work or is enrolled
19 in a graduate school
of social work approved by the board. This
20 subdivision is waived
if the individual has received a bachelor's
21 or master's degree
from an accredited school of social work
22 approved by the board.
23 (1) Except as otherwise provided in section 18515, an
24 individual granted a license under this part shall meet the
25 following requirements:
26 (a) A licensed bachelor's social worker shall have been
27 awarded a bachelor's degree in social work from a college or
1 university social work program approved by the board and shall
2 have completed at least 2 years of full-time postbachelor's
3 degree experience, or the equivalent in part-time hours, in the
4 practice of social work at the bachelor's level under the
5 supervision of a licensed master's social worker. Until July 1,
6 2008, the required experience in the practice of social work at
7 the bachelor's level shall be performed under the supervision of
8 a person who has been awarded a master's or doctoral degree in
9 social work from a college or university school of social work.
10 (b) A licensed master's social worker shall have been awarded
11 a master's or doctoral degree in the field of social work from a
12 college or university social work program approved by the board
13 and shall have completed at least 2 years of full-time
14 postmaster's or postdoctoral degree experience, or the equivalent
15 in part-time hours, in the practice of social work at the
16 master's level under the supervision of a licensed master's
17 social worker. Until July 1, 2008, the required experience in
18 the practice of social work at the master's level shall be
19 performed under the supervision of a person who has been awarded
20 a master's or doctoral degree in the field of social work from a
21 college or university school of social work and has engaged in
22 the practice of social work for not less than 2 years. In
23 addition to the requirements set forth in this subdivision, a
24 licensed master's social worker employed by a school district
25 shall meet the requirements for employment as a school social
26 worker contained in the revised school code, 1976 PA 451,
27 MCL 380.1 to 380.1852, and the rules promulgated under that act.
1 (2) The board may grant a limited license to engage in the
2 2-year postdegree experience required under subsection (1) to an
3 individual who has completed all the educational requirements for
4 licensure as a bachelor's social worker or a master's social
5 worker. A limited license granted under this subsection is
6 renewable for not more than 6 years.
7 Sec. 18511. The
board may grant a registration as a
8 certified social
worker to an individual who meets all of the
9 following
requirements:
10 (a) Possesses a
master's degree from an accredited school of
11 social work approved
by the board.
12 (b) Has completed
2 or more years of social work experience
13 acceptable to the
board. A licensee shall not
perform an act,
14 task, or function within the practice of social work unless he or
15 she is trained to perform the act, task, or function and the
16 performance of the act, task, or function is consistent with the
17 code of ethics for social workers.
18 Sec. 18513. (1) An individual registered or licensed under
19 this part as a
certified social worker, social worker, or social
20 work technician or an employee or officer of an organization
21 that employs the certified
social worker, social worker, or
22 social work technician
registrant or licensee is not
required to
23 disclose a communication or a portion of a communication made by
24 a client to the individual or advice given in the course of
25 professional employment.
26 (2) Except as otherwise provided in this section, a
27 communication between a certified
social worker, social worker,
1 or social work
technician, registrant or
licensee or an
2 organization with which
the certified social worker, social
3 worker, or social work
technician registrant or licensee
has an
4 agency relationship and a client is a confidential
5 communication. A confidential communication shall not be
6 disclosed, except under 1
either or more both of the
7 following circumstances:
8 (a) The disclosure is part of a required supervisory process
9 within the organization that employs or otherwise has an agency
10 relationship with the certified
social worker, social worker, or
11 social work technician
registrant or licensee.
12 (b) The privilege is waived by the client or a person
13 authorized to act in the client's behalf.
14 (3) If requested by the court for a court action, a
15 certified social
worker, social worker, or social work
16 technician registrant or licensee shall submit to an
appropriate
17 court a written evaluation of the prospect or prognosis of a
18 particular client without disclosing a privileged fact or a
19 privileged communication. An attorney representing a client who
20 is the subject of an evaluation described in this subsection has
21 the right to receive a copy of the evaluation. If required for
22 the exercise of a public purpose by a legislative committee, a
23 certified social
worker, social worker, social work technician,
24 registrant or licensee or agency representative may make
25 available statistical and program information without violating
26 the privilege established under subsection (2).
27 (4) A certified
social worker, social worker, or social work
1 technician registrant or licensee may disclose a
communication
2 or a portion of a communication made by a client pursuant to
3 section 946 of the mental health code, 1974 PA 258, MCL 330.1946,
4 in order to comply with the duty set forth in that section.
5 Sec. 18515. (1) An individual who holds a registration
6 issued under former article 16 of the occupational code, 1980
7 PA 299, on the
effective date of the amendatory act that added
8 this part March 7, 2000 is registered under this part
until that
9 registration expires and may renew his or her registration
10 pursuant to part 161.
11 (2) The members of the board of examiners of social workers
12 created under former section 1602 of the occupational code, 1980
13 PA 299, shall serve as the initial members of the Michigan board
14 of social work until their successors are appointed under this
15 article or until the expiration of their respective terms,
16 whichever occurs first. However, if the term of a member of the
17 board of examiners of
social workers has not expired on the
18 effective date of the
amendatory act that added this part March
19 7, 2000, that term expires on June 30 of the year in which the
20 term will expire.
21 (3) Rules promulgated by the board of examiners of social
22 workers or the director under former article 16 of the
23 occupational code, 1980
PA 299, and in effect on the effective
24 date of the amendatory
act that added this part March 7,
2000
25 continue in effect to the extent that they do not conflict with
26 this article and shall continue to be enforced. The rules may be
27 amended or rescinded by the director.
Senate Bill No. 189 (H-5) as amended March 18, 2004
1 (4) The board shall grant a full license as a licensed
2 bachelor's social worker to an individual who holds a certificate
3 of registration as a social worker issued before the effective
4 date of this subsection upon the next renewal application for
5 registration.
6 (5) The board shall grant a full license as a licensed
7 master's social worker to an individual who holds a registration
8 as a certified social worker issued before the effective date of
9 this subsection upon the next renewal application for
10 registration.
11 Sec. 18516. (1) Beginning the license [renewal] cycle after the
12 effective date of the rules promulgated under this section, an
13 individual licensed under this part shall meet the continuing
14 education requirements of this section when renewing his or her
15 license.
16 (2) The department[, in consultation with the board,] shall promulgate rules to require a
17 licensee seeking renewal to furnish evidence that during the 3
18 years immediately preceding application for renewal, the licensee
19 attended [continuing education] courses or programs related to the practice of
20 social work and designed to further educate licensees.
21 (3) The department[, in consultation with the board,] shall establish by rule the total number
22 of course or program clock hours at a minimum of 45 clock hours
23 in any 3-year license renewal cycle. A portion of those clock
24 hours must be in social work ethics.
25 (4) The [department] shall ensure that all approved continuing
26 education courses include defined measurements of preknowledge
27 and postknowledge or skill improvements, or both, as a result of
Senate Bill No. 189 (H-5) as amended March 18, 2004
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18 Sec. 18517. This part does not require new or additional
19 third party reimbursement or mandated worker's compensation
20 benefits for services by an individual licensed as a social
21 worker or registered as a social service technician under this
22 article.
23 Sec. 18518. (1) The department shall promulgate rules
24 regarding the minimum training requirements for the practice of
25 social work at the bachelor's level and for the practice of
26 social work at the master's level.
27 (2) The rules regarding the practice of social work at the
Senate Bill No. 189 (H-5) as amended March 18, 2004
1 master's level shall distinguish between the training, education,
2 and experience requirements relative to the social work
3 applications described in section 18501(g)(ii) and (iii). The
4 training, education, and experience requirements for the
5 applications described in section 18501(g)(iii) shall include at
6 least the following:
7 (a) Possession of a master's degree in social work.
8 (b) Completion of course work in normal human development and
9 diagnosis, assessment, and treatment of individuals, couples,
10 families, and groups, using a variety of psychotherapeutic
11 methods or techniques.
12 (c) Completion of not less than 2 years of supervised
13 post-master's degree clinical experience.
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18 Enacting section 1. (1) Sections 16348, 18501, 18503,
19 18507, 18509, 18511, 18513, and 18515 of the public health code,
20 1978 PA 368, MCL 333.16348, 333.18501, 333.18503, 333.18507,
21 333.18509, 333.18511, 333.18513, and 333.18515, as amended by
22 this amendatory act, and sections 18504, 18506, 18506a, 18516,
23 18517, and 18518, as added by this amendatory act, take effect
24 July 1, 2005.
25 (2) Section 18712, as added by this amendatory act, takes
26 effect July 1, 2004.