SB-0189, As Passed Senate, July 3, 2003
SUBSTITUTE FOR
SENATE BILL NO. 189
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16263, 18501, 18503, 18505, 18507, 18509,
18511, 18513, and 18515 (MCL 333.16263, 333.18501, 333.18503,
333.18505, 333.18507, 333.18509, 333.18511, 333.18513, and
333.18515), section 16263 as amended by 2001 PA 139 and sections
18501, 18503, 18505, 18507, 18509, 18511, 18513, and 18515 as
added by 2000 PA 11, and by adding sections 18504, 18506, and
18516.
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
5 the terms and in a way prescribed in this article:
1 (a) "Chiropractic", "doctor of chiropractic", "chiropractor",
2 "d.c.", and "chiropractic physician".
3 (b) "Dentist", "doctor of dental surgery", "oral and
4 maxillofacial surgeon", "orthodontist", "prosthodontist",
5 "periodontist", "endodontist", "oral pathologist", "pediatric
6 dentist", "dental hygienist", "registered dental hygienist",
7 "dental assistant", "registered dental assistant", "r.d.a.",
8 "d.d.s.", "d.m.d.", and "r.d.h.".
9 (c) "Doctor of medicine" and "m.d.".
10 (d) "Physician's assistant" and "p.a.".
11 (e) "Registered professional nurse", "registered nurse",
12 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",
13 "nurse anesthetist", "nurse practitioner", "trained attendant",
14 and "t.a.".
15 (f) "Doctor of optometry", "optometrist", and "o.d.".
16 (g) "Osteopath", "osteopathy", "osteopathic practitioner",
17 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.".
18 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore",
19 "druggist", "medicine store", "prescriptions", and "r.ph.".
20 (i) "Physical therapy", "physical therapist",
21 "physiotherapist", "registered physical therapist", "licensed
22 physical therapist", "physical therapy technician", "p.t.",
23 "r.p.t.", "l.p.t.", and "p.t.t.".
24 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry",
25 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot
26 specialist", "podiatric physician and surgeon", and "d.p.m.".
27 (k) "Consulting psychologist", "psychologist", "psychological
1 assistant", "psychological examiner", "licensed psychologist",
2 and "limited licensed psychologist".
3 (l) "Licensed professional counselor", "licensed counselor",
4 "professional counselor", and "l.p.c.".
5 (m) "Sanitarian", "registered sanitarian", and "r.s.".
6 (n) "Social
worker", "certified "licensed master's social
7 worker", "licensed bachelor's social worker", "registered social
8 work service technician", "s.w.",
"c.s.w.", and "s.w.t."
9 "social service technician", "l.m.s.w.", "l.b.s.w.", and
10 "r.s.w.t.".
11 (o) "Veterinary", "veterinarian", "veterinary doctor",
12 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",
13 "d.v.m.", "animal technician", or "animal technologist".
14 (p) "Occupational therapist", "occupational therapist
15 registered", "certified occupational therapist", "o.t.",
16 "o.t.r.", "c.o.t.", "certified occupational therapy assistant",
17 "occupational therapy assistant", or "c.o.t.a.".
18 (q) "Marriage advisor" or "marriage consultant"; "family
19 counselor", "family advisor", "family therapist", or "family
20 consultant"; "family guidance counselor", "family guidance
21 advisor", or "family guidance consultant"; "marriage guidance
22 counselor", "marriage guidance advisor", or "marriage guidance
23 consultant"; "family relations counselor"; "marriage relations
24 counselor", "marriage relations advisor", or "marriage relations
25 consultant"; "marital counselor" or "marital therapist"; "limited
26 licensed marriage and family therapist" or "limited licensed
27 marriage counselor"; "licensed marriage and family therapist" or
1 "licensed marriage counselor"; and "l.m.f.t.".
2 (r) "Nursing home administrator".
3 (2) Notwithstanding section 16261, a person who was specially
4 trained at an institution of higher education in this state to
5 assist a physician in the field of orthopedics and upon
6 completion of training, received a 2-year associate of science
7 degree as an orthopedic physician's assistant before January 1,
8 1977, may use the title "orthopedic physician's assistant"
9 whether or not the person is licensed under this article.
10 Sec. 18501. (1) As used in this part:
11 (a) "Health facility" means a health facility or agency
12 licensed under article 17 or a hospital, psychiatric hospital, or
13 psychiatric unit licensed under the mental health code, 1974
14 PA 258, MCL 330.1001 to 330.2106.
15 (b) "Licensed bachelor social worker" means an individual
16 licensed under this article to engage in the practice of social
17 work at the bachelor's level.
18 (c) "Licensed master's social worker" means an individual
19 licensed under this article to engage in the practice of social
20 work at the master's level.
21 (d) "Practice of medicine" means that term as defined in
22 section 17001.
23 (e) "Practice of osteopathic medicine and surgery" means that
24 term as defined in section 17501.
25 (f) "Practice of social work at the bachelor's level" means,
26 subject to subsection (2), all of the following applied within
27 the scope of social work values, principles, and techniques, not
1 to include the practice of medicine or the practice of
2 osteopathic medicine and surgery and including, but not limited
3 to, the prescribing of drugs, the administration of
4 electroconvulsive therapy, the practice of psychotherapy, or,
5 except as provided in subparagraph (iv), the administration or
6 interpretation of psychological tests:
7 (i) The application of the knowledge of human development and
8 behavior and social, economic, and cultural institutions.
9 (ii) Social work case management and casework, including
10 assessments, planning, referral, and intervention with
11 individuals, families, couples, groups, communities, or
12 institutions.
13 (iii) Helping communities, organizations, individuals, or
14 groups improve their social or health services by utilizing
15 social work values, principles, and techniques.
16 (iv) The administration of assessment checklists that do not
17 require special training and that do not require interpretation.
18 (g) "Practice of social work at the master's level" means all
19 of the following applied within the scope of social work values,
20 principles, and techniques, not to include the practice of
21 medicine or the practice of osteopathic medicine and surgery and
22 including, but not limited to, the prescribing of drugs or the
23 administration of electroconvulsive therapy:
24 (i) The advanced application of the knowledge of human
25 development and behavior and social, economic, and cultural
26 institutions.
27 (ii) Advanced social work case management and casework,
1 advanced social emotional assessments, planning, referral,
2 counseling, diagnosis of emotional and behavioral dysfunctions,
3 and intervention with individuals, families, couples, groups,
4 communities, and institutions.
5 (iii) Helping communities, organizations, or groups improve
6 their social or health services by the advanced use of social
7 work values, principles, and techniques.
8 (iv) Psychotherapy with individuals, families, couples, or
9 groups and the diagnosis and treatment of mental, emotional, and
10 behavioral disorders, but only pursuant to section 18511.
11 (h) (a) "Social
work service technician" means an
12 individual registered
under this article in accordance with
13 section 18507 and
authorized under this part to use the title
14 "social work
technician" or the abbreviation "s.w.t.". who is
15 specially trained to practice only under the supervision of a
16 licensed master's social worker or a licensed bachelor social
17 worker.
18 (b) "Social
worker" means an individual registered under
19 this article in
accordance with section 18509 and authorized
20 under this part to use
the title "social worker" or the
21 abbreviation
"s.w.".
22 (c)
"Certified social worker" means an individual registered
23 under this article in
accordance with section 18511 and
24 authorized under this
part to use the title "certified social
25 worker" or the
abbreviation "c.s.w.".
26 (d) "Social
work" means the professional application of
27 social work values,
principles, and techniques to counseling or
1 to helping an
individual, family, group, or community do 1 or
2 more of the following:
3 (i) Enhance or restore the capacity for social
functioning.
4 (ii) Provide, obtain, or improve tangible social and
health
5 services.
6 (i) "Social work values, principles, and techniques" means a
7 biopsychosocial approach of systematic intervention to enhance
8 the developmental, problem solving, functioning, and coping
9 capacities of individuals, couples, families, groups,
10 communities, and institutions.
11 (2) An individual who performs 1 or more of the functions
12 described in subdivision (f)(i) through (iv) but not all of those
13 functions is not considered engaged in the practice of social
14 work at the bachelor's level.
15 (3) (2) In
addition to the definitions of this part,
16 article 1 contains general definitions and principles of
17 construction applicable to all articles in this code and part 161
18 contains definitions applicable to this part.
19 Sec. 18503. (1) An individual shall not represent that he
20 or she is a certified
social worker, social worker, or social
21 work service technician or use a title including "certified
22 social worker",
"social worker", "social
work service
23 technician" , or
an abbreviation of those terms or the letters
24 "c.s.w.",
"s.w.", or "s.w.t." "s.s.t."
or similar words which
25 would indicate that he or she is registered under this article
26 unless the individual is registered in that capacity under this
27 article.
1 (2) Only a licensed bachelor social worker shall use the
2 title "licensed bachelor social worker", "social worker", or
3 "l.b.s.w.". Only a licensed master's social worker shall use the
4 title "licensed master's social worker", "social worker", or
5 "l.m.s.w.".
6 Sec. 18504. (1) Beginning 1 year after the effective date
7 of the amendatory act that added this section, an individual
8 shall not engage in the practice of social work at the bachelor's
9 or master's level or use a title described in section 18503
10 unless licensed or otherwise allowed under this part.
11 (2) The department shall issue a license or registration
12 under this part for a period of 3 years.
13 Sec. 18505. (1) Subject to section 18515(2) and subsection
14 (2), the Michigan board of social work is created in the
15 department and consists of the following 9 voting members who
16 meet the requirements of part 161:
17 (a) Four Until
the effective date of the amendatory act
18 that amended this subdivision, 4 certified social workers and 2
19 social workers who meet the requirements of section 16135(2).
20 Beginning the effective date of the amendatory act that amended
21 this subdivision, 6 individuals engaged primarily in the practice
22 of social work.
23 (b) Three public members.
24 (2) For board members appointed after the effective date of
25 the amendatory act that added this subsection, the 6 members
26 appointed that are primarily engaged in the practice of social
27 work shall be licensed under this part within 3 years after the
1 effective date of the amendatory act that added this subsection.
2 Sec. 18506. (1) An individual who is granted a limited
3 license under section 18509(2) to engage in the 2-year postdegree
4 experience in the practice of social work at the bachelor's or
5 master's level shall practice under the supervision of a licensed
6 master's social worker and confine his or her practice to an
7 agency, a health facility, an institution, or another entity
8 approved by the board.
9 (2) This part does not apply to any of the following:
10 (a) An individual who is engaged in a course of study leading
11 to a degree in social work and participating in an internship
12 supervised by a licensed master's social worker.
13 (b) An individual who is not licensed or otherwise authorized
14 under this part to engage in the practice of social work at the
15 bachelor's or master's level or registered as a social service
16 technician who donates his or her services, other than
17 psychotherapy services, to a charitable nonprofit organization so
18 long as the individual does not hold himself or herself out to
19 the public as a social worker licensed, registered, or otherwise
20 authorized under this part.
21 (c) An ordained cleric if counseling is an element of his or
22 her religious duties performed under the auspices or recognition
23 of a church, denomination, religious association, or sect that
24 has tax-exempt status pursuant to section 501(c)(3) of the
25 internal revenue code of 1986, if he or she does not hold himself
26 or herself out as a social worker licensed, registered, or
27 otherwise authorized under this article.
1 (d) A certified, licensed, or otherwise statutorily
2 recognized member of any other profession who practices his or
3 her profession as authorized by law so long as the individual
4 does not hold himself or herself out to the public as a social
5 worker licensed, registered, or otherwise authorized under this
6 part.
7 (e) An individual who is a participant in a self-help, peer
8 counseling, or support services program provided by either a
9 charitable or labor organization exempt from taxation under
10 section 501(c)(3) or 501(c)(5) of the internal revenue code of
11 1986, so long as the individual does not hold himself or herself
12 out to the public as a social worker licensed, registered, or
13 otherwise authorized under this part. The exemption for a
14 participant in a program described under this subdivision does
15 not otherwise provide an exemption from licensure or registration
16 under this part for an employee of the charitable or labor
17 organization not otherwise authorized to engage in activities or
18 use a title regulated under this part.
19 (f) A member of any other profession whose practice may
20 include the activities described in section 18501(f) as long as
21 he or she is trained in that profession and does not hold himself
22 or herself out as an individual licensed or registered under this
23 part or does not use a title regulated by this part, or both.
24 (3) This part does not prohibit an individual who holds a
25 bachelor's, master's, or doctorate degree in social work from an
26 accredited college or university from using a title including
27 "social work" if the individual does not engage in the practice
1 of social work at the bachelor's or master's level.
2 Sec. 18507. (1) The board may grant registration under this
3 article as a social work
service technician to an individual
4 who meets all of the following requirements:
5 (a) Has had 1 year of social work experience acceptable to
6 the board , or
has successfully completed 2 years of college.
7 (b) Is employed in the practice of social work and applies
8 social work values, principles, and techniques. This subdivision
9 is waived if the individual has the equivalent of 2,000 hours of
10 service in social work with an agency recognized by the board or
11 has received an associate degree in social work at a college
12 approved by the board that includes supervised instructional
13 field experience.
14 (2) The board may grant registration under this article as a
15 limited social service technician to an individual who has
16 successfully completed 2 years of college and is employed in the
17 practice of social work, or has been made an offer of employment
18 in the practice of social work, with an agency recognized by the
19 board, applies social work values, principles, and techniques
20 under the supervision of a licensee under this part, and is
21 seeking to obtain the experience for registration as a social
22 service technician. A limited registration under this subsection
23 is renewable for not more than 1 year.
24 Sec. 18509. The
board may grant a registration under this
25 article as a social
worker to an individual who meets all of the
26 following
requirements:
27 (a) Has obtained a
baccalaureate degree from a college or
1 university approved by
the board.
2 (b) Has 2 or more
years of social work experience acceptable
3 to the board or is
enrolled in a graduate school of social work
4 approved by the board,
or has a master's degree from an
5 accredited school of
social work approved by the board or has the
6 equivalent of 4,000
hours of service in social work with an
7 agency recognized by
the board.
8 (c) Is employed in
the practice of social work or is enrolled
9 in a graduate school
of social work approved by the board. This
10 subdivision is waived
if the individual has received a bachelor's
11 or master's degree
from an accredited school of social work
12 approved by the board.
13 (1) Except as otherwise provided in section 18515, an
14 individual granted a license under this part shall meet the
15 following requirements:
16 (a) A licensed bachelor social worker shall have been awarded
17 a bachelor's degree in social work from a college or university
18 social work program approved by the board and shall have
19 completed at least 2 years of full-time postbachelor's degree
20 experience, or the equivalent in part-time hours, in the practice
21 of social work at the bachelor's level under the supervision of a
22 licensed master's social worker. However, during a period ending
23 3 years after the effective date of the amendatory act that added
24 this subsection, the required experience in the practice of
25 social work at the bachelor's level shall be performed under the
26 supervision of a person who has been awarded a master's or
27 doctoral degree in social work from a college or university
1 school of social work.
2 (b) A licensed master's social worker shall have been awarded
3 a master's or doctoral degree in the field of social work from a
4 college or university social work program approved by the board
5 and shall have completed at least 2 years of full-time
6 postmaster's or postdoctoral degree experience, or the equivalent
7 in part-time hours, in the practice of social work at the
8 master's level under the supervision of a licensed master's
9 social worker. However, during a period ending 3 years after the
10 effective date of the amendatory act that added this subsection,
11 the required experience in the practice of social work at the
12 master's level shall be performed under the supervision of a
13 person who has been awarded a master's or doctoral degree in the
14 field of social work from a college or university school of
15 social work and has engaged in the practice of social work for
16 not less than 2 years. In addition to the requirements set forth
17 in this subdivision, a licensed master's social worker employed
18 by a school district shall meet the requirements for employment
19 as a school social worker contained in the revised school code,
20 1976 PA 451, MCL 380.1 to 380.1852, and the rules promulgated
21 under that act.
22 (2) The board may grant a limited license to engage in the
23 2-year postdegree experience required under subsection (1) to an
24 individual who has completed all the educational requirements for
25 licensure as a bachelor social worker or a master's social
26 worker. A limited license granted under this subsection is
27 renewable for not more than 6 years.
1 Sec. 18511. The
board may grant a registration as a
2 certified social
worker to an individual who meets all of the
3 following
requirements:
4 (a) Possesses a
master's degree from an accredited school of
5 social work approved
by the board.
6 (b) Has completed
2 or more years of social work experience
7 acceptable to the
board.
8 (1) A licensee shall not perform an act, task, or function
9 within the practice of social work unless he or she is trained to
10 perform the act, task, or function.
11 (2) A licensed master's social worker shall not engage in the
12 activities described in section 18501(g)(iv) except as provided
13 in this section.
14 (3) Before he or she engages in the activities described in
15 section 18501(g)(iv), a licensed master's social worker who is
16 licensed under section 18515(5) shall file with the department,
17 on a form provided by the department, an affidavit stating that
18 the licensee meets all of the requirements of this subsection.
19 Upon receipt of the affidavit required under this subsection and
20 a determination that the licensee has met the requirements of
21 subdivisions (c) and (d), the department shall certify the
22 licensee as qualified to engage in the activities described in
23 section 18501(g)(iv). The affidavit shall state that the
24 licensee meets all of the following requirements:
25 (a) Possesses a master's degree in social work.
26 (b) Has engaged in the activities described in section
27 18501(g)(iv) as part of his or her practice as a certified or
1 licensed social worker.
2 (c) Has completed course work in normal human development and
3 psychopathology and has completed courses in diagnosis,
4 assessment, and treatment of individuals, couples, families, and
5 groups.
6 (d) Has completed not less than 2 years of supervised
7 postmaster's degree experience in the practice of psychotherapy.
8 (4) The board shall certify a licensee who is licensed other
9 than under section 18515(5) and who meets the requirements of
10 section 18509(1)(b) as qualified to engage in the activities
11 described in section 18501(g)(iv) if the licensee meets all of
12 the following requirements:
13 (a) Has completed course work in normal human development and
14 psychopathology and has completed courses in diagnosis,
15 assessment, and treatment of individuals, couples, families, and
16 groups.
17 (b) Has completed not less than 2 years of postmaster's
18 degree experience in the practice of psychotherapy under the
19 supervision of a certified or licensed master's social worker.
20 (5) The board may modify, but shall not diminish, the
21 requirements of subsection (4) by rule. The board may allow a
22 licensee to submit an affidavit, on a form provided by the
23 department, as evidence that he or she meets the requirements of
24 subsection (4) or the rules promulgated under this subsection.
25 (6) The board shall not modify the requirements of subsection
26 (3).
27 Sec. 18513. (1) An individual registered or licensed under
1 this part as a
certified social worker, social worker, or social
2 work technician or an employee or officer of an organization
3 that employs the certified
social worker, social worker, or
4 social work technician
registrant or licensee is not
required to
5 disclose a communication or a portion of a communication made by
6 a client to the individual or advice given in the course of
7 professional employment.
8 (2) Except as otherwise provided in this section, a
9 communication between a certified
social worker, social worker,
10 or social work
technician, registrant or
licensee or an
11 organization with which
the certified social worker, social
12 worker, or social work
technician registrant or licensee
has an
13 agency relationship and a client is a confidential
14 communication. A confidential communication shall not be
15 disclosed, except under 1 or more of the following
16 circumstances:
17 (a) The disclosure is part of a required supervisory process
18 within the organization that employs or otherwise has an agency
19 relationship with the certified
social worker, social worker, or
20 social work technician
registrant or licensee.
21 (b) The privilege is waived by the client or a person
22 authorized to act in the client's behalf.
23 (3) If requested by the court for a court action, a
24 certified social
worker, social worker, or social work
25 technician registrant or licensee shall submit to an
appropriate
26 court a written evaluation of the prospect or prognosis of a
27 particular client without disclosing a privileged fact or a
1 privileged communication. An attorney representing a client who
2 is the subject of an evaluation described in this subsection has
3 the right to receive a copy of the evaluation. If required for
4 the exercise of a public purpose by a legislative committee, a
5 certified social
worker, social worker, social work technician,
6 registrant or licensee or agency representative may make
7 available statistical and program information without violating
8 the privilege established under subsection (2).
9 (4) A certified
social worker, social worker, or social work
10 technician registrant or licensee may disclose a
communication
11 or a portion of a communication made by a client pursuant to
12 section 946 of the mental health code, 1974 PA 258, MCL 330.1946,
13 in order to comply with the duty set forth in that section.
14 Sec. 18515. (1) An individual who holds a registration
15 issued under former article 16 of the occupational code, 1980
16 PA 299, on the
effective date of the amendatory act that added
17 this part March 7, 2000 is registered under this part
until that
18 registration expires and may renew his or her registration
19 pursuant to part 161.
20 (2) The members of the board of examiners of social workers
21 created under former section 1602 of the occupational code, 1980
22 PA 299, shall serve as the initial members of the Michigan board
23 of social work until their successors are appointed under this
24 article or until the expiration of their respective terms,
25 whichever occurs first. However, if the term of a member of the
26 board of examiners of
social workers has not expired on the
27 effective date of the
amendatory act that added this part March
1 7, 2000, that term expires on June 30 of the year in which the
2 term will expire.
3 (3) Rules promulgated by the board of examiners of social
4 workers or the director under former article 16 of the
5 occupational code, 1980
PA 299, and in effect on the effective
6 date of the amendatory
act that added this part March 7,
2000
7 continue in effect to the extent that they do not conflict with
8 this article and shall continue to be enforced. The rules may be
9 amended or rescinded by the director.
10 (4) The board shall grant a full license as a licensed
11 bachelor social worker to an individual who holds a certificate
12 of registration as a social worker issued before the effective
13 date of the amendatory act that added this subsection upon the
14 next renewal application for registration.
15 (5) The board shall grant a full license as a licensed
16 master's social worker to an individual who holds a registration
17 as a certified social worker issued before the effective date of
18 the amendatory act that added this subsection upon the next
19 renewal application for registration.
20 (6) An individual licensed under this part shall meet the
21 continuing education requirements of section 18516 when renewing
22 his or her license.
23 Sec. 18516. (1) The board shall promulgate rules to require
24 a licensee seeking renewal to furnish evidence that during the 3
25 years immediately preceding application for renewal, the licensee
26 attended training courses or programs related to the practice of
27 social work and designed to further educate licensees.
1 (2) The board shall establish by rule the total number of
2 course or program clock hours at a minimum of 60 clock hours in
3 any 3-year license renewal cycle. The number of clock hours in
4 any 1 calendar year shall be not more than 1/3 of the total clock
5 hours per calendar year required over the 3-year period. A
6 portion of those clock hours must be in social work ethics.