15 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2002-056

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BOARD OF PSYCHOLOGY DIRECTOR’S OFFICE PSYCHOLOGY - GENERAL RULES

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State.

 

(By authority conferred on the board of psychology by section 16145 of Act No. 368 of the Public Acts of 1978, as amended, being §333.16145 of the Michigan Compiled Laws DIRECTOR OF THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BY SECTION 18501 OF ACT NO. 368 OF THE PUBLIC ACTS OF 1978, AS AMENDED, AND EXECUTIVE ORDER NO. 1996-1 AND 1996-2, MCL 330.3101 AND 445.2001)

 

NOTE: Effective September 1, 1991, the powers, duties and functions of the Michigan Department of  Licensing and Regulation were transferred to the Michigan Department of Commerce, pursuant to Executive Order 1991-9. Effective May 15, 1996, the powers, duties and functions of the Michigan Department of Commerce were transferred to the Michigan Department of Consumer and Industry  Services, pursuant to Executive Order 1996-2. After May 15, 1996, all reference made to either the Department of Licensing and Regulation or the Department of Commerce in law or rule shall be construed to mean the Michigan Department of Consumer and Industry Services.

 

R 338.2502, R 338.2503, R 338.2504, R 338.2505, R 338.2506, R 338.2507, R 338.2507A, R 338.2510, R 338.2511, AND R 338.2514 OF THE ADMINISTRATIVE CODE ARE AMENDED and R 338.2508

and R 338.2509 are rescinded, as follows:

 

R 338.2502 License, licensure, licensed explained.

Rule 2. The use of the words ”license”, ”licensure”, or ”licensed” in these rules means only the higher level of license which permits the independent practice of psychology, and which is distinguished from a limited license.

 

R 338.2503 Request for board action.

Rule 3. (1) A request for board action authorized under the code or Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws 1969 PA 306, MCL 24.201 ET SEQ. shall be in writing and shall be filed with the board at the Department of Licensing and Regulation  BOARD OF PSYCHOLOGY, BUREAU OF HEALTH SERVICES, DEPARTMENT OF

CONSUMER AND INDUSTRY SERVICES, State Board of Psychology 611 WEST OTTAWA, P.O. Box 30018, 30670, Lansing, Michigan MI 48909.

(2) The board or its authorized representative may require a person to submit additional information deemed necessary to an appropriate resolution of a matter.

 

 

 

R 338.2504 License application requirements generally.

Rule 4. An applicant for a psychologist license or a psychologist limited license shall submit  a completed application on a form provided by the department, together with the requisite fee. In addition to meeting the requirements of the code and the administrative rules promulgated pursuant thereto, an applicant shall demonstrate a working knowledge of the English language and satisfy the applicable education, training, experience, and examination requirements set forth in these rules. To demonstrate a working knowledge of the English language, an applicant shall establish either of the following:

(a)    That the applicant’s psychologist educational program was taught in the English language.

(b)     That the applicant has obtained a score of not less than 550 213 on the test of English as a foreign language administered by the educational testing service and obtained a score of not less than 250 50 on the test of spoken English administered by the educational testing service or has passed other substantially equivalent English language proficiency examinations which assess all of the following:

(i)    Reading comprehension.

(ii)    Speaking skills.

(iii)    Listening skills.

(iv)     The ability ABILITY to write clearly, using complete sentences with correct spelling, punctuation, and word usage.

 

R 338.2505 Examination.

Rule 5. Effective 1 year after promulgation of these rules, all applicants seeking licensure under section 18223(1) of the code shall take a written examination to be administered by the department of licensing and regulation. CONSUMER AND INDUSTRY SERVICES. The examination shall include subjects determined by the board as essential to the safe and competent practice of psychology. Passing scores or the procedure used to determine passing scores shall be established by the board and published before the examinations are administered.

 

R 338.2506 Application for licensure pursuant to MCL §333.18223(1); education, training, and experience requirements.

Rule 6. To be granted a license pursuant to section 18223(1) of the code, an applicant shall satisfy all of the following requirements:

(i)    The degree shall be an integrated, organized sequence of study which includes instruction in research design and methodology, statistics, psychometrics, and scientific and professional ethics and standards.

(ii)    The degree shall include at least 1 graduate course, taken for credit, from 3 of the 4 following areas:

(A)   Biological bases of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, and psychopharmacology.

(B)  Cognitive-affective bases of behavior: learning, thinking, motivation, and emotion.

(C)    Social bases of behavior: social psychology, group processes, and organizational and systems theory.

(D)  Individual differences: personality theory, human development, and abnormal psychology.

(iii)    The degree shall include at least 1 course in both assessment and treatment.

(iv)      Seventy-five percent of the hours required for the degree shall be primarily psychological in content. The dissertation and internship are excluded from what is considered course work. To be deemed psychological in content, a course shall satisfy at least 1 of the following criteria:

 

 

(A)  Course work: The material taught is psychological.

(B)  Psychology department: The course is taught in a psychology department.

(i)     The internship provides the applicant with substantial opportunities to carry out major professional functions in the context of appropriate supervisory support.

(ii)    The internship should be an integrated part of the doctoral degree program; however, a postdoctoral internship may be recognized by the board if it meets the other requirements set forth in this subdivision.

(iii)     The internship takes place in an organized health care setting, as defined in R 338.2501(l)(b), or other arrangement receiving approval of the board.

(iv)      The internship requires the applicant to work not less than 20 hours per week in the internship program.

(v)    The internship requires not less than 2,000 clock hours of psychological work.

(vi)     The applicant is supervised by a psychologist who is licensed in Michigan, eligible for licensure in Michigan, or who is licensed or certified at the independent practice level in the state where the internship takes place.

(vii)     The internship is separate and distinct from the applicant’s required experience in the practice of psychology.

(i)    The experience constitutes not less than 4,000 hours.

(ii)    Not more than 2,080 hours of acceptable experience shall be accumulated in any 1 calendar year.

(iii)    The experience shall be accumulated at not less than 16 hours per week.

(iv)        The applicant shall function as a psychologist using generally accepted applications of psychological knowledge and techniques acquired during the applicant’s education and training.

(v)    The experience is acquired in an organized health care setting, as defined in R 338.2501(l)(1) (b), or other arrangement receiving approval of the board.

 

R 338.2507 Application for limited license pursuant to MCL §333.18223(3) (2); education, training, and experience requirements.

Rule 7. (1) To be granted a limited license pursuant to section 18223(3) (2) of the code, an applicant shall comply with either of the following:

(a)      Have been certified as a psychological examiner or eligible for certification as a psychological examiner under Act No. 257 of the Public Acts of 1959, as amended, being §338.1001 et seq. of the Michigan Compiled Laws, 1959 PA 257, MCL 338.1001 ET SEQ. on or before September 30, 1978.

(b)     Individuals who apply for licensure pursuant to section 18223(3) (2) of the code and who are not eligible pursuant to subdivision (a) of this subrule shall meet the following education, training, and experience requirements:

 

 

(A)    The degree shall be an integrated, organized sequence of study which THAT includes at least 1 course in assessment, and 1 course in treatment, AND 1 COURSE IN SCIENTIFIC AND PROFESSIONAL ETHICS AND STANDARDS.

(B)   Seventy-five percent of the hours of the required course work shall be primarily psychological in content. The thesis and practicum are excluded from what is considered course work. The board may require the applicant to provide such material as it deems necessary to demonstrate the psychological content of a course. To be deemed psychological in content, a course shall satisfy at least 1 of the following criteria:

(1)   Course work: The material taught is psychological.

(2)   Psychology department: The course is taught in a psychology department.

(A)   The practicum should be an integrated part of the master’s degree program; however, a postdegree POST-DEGREE practicum may be recognized by the board if such a practicum is through an institution which THAT meets the standards adopted in rule 11 (3) R338.2511(3) and for which academic graduate credit is obtained. The practicum shall also meet the other requirements set forth in this paragraph.

(B)  The practicum requires not less than 500 clock hours of psychological work.

(C)   The applicant is supervised by a psychologist who is licensed or eligible for licensure in Michigan, or who is licensed or certified at the independent practice level in the state where the practicum takes place.

(A)  The experience shall constitute not less than 2,000 clock hours.

(B)   The experience shall be accumulated at not less than 16 hours per week nor more than 40 hours per week.

(C)      The applicant shall function as a psychologist using generally accepted applications of psychological knowledge and techniques acquired during the applicant’s education and training.

(D)   The experience shall be acquired in an organized health care setting, as defined in R 338.2501(l) (1) (b), or other arrangement receiving approval by the board.

(E)    The applicant shall be supervised by a psychologist who is licensed in Michigan, eligible for licensure in Michigan, or who is licensed or certified at the independent practice level in the state where the experience is obtained.

(F)   If a psychologist described in subparagraph (E) of this paragraph is unavailable, the applicant may seek the approval of the board for supervision by a limited licensed psychologist, a person who has been granted a master’s degree in psychology and who has acquired not less than 3 years (6,000 hours) of post-master’s DEGREE experience in the practice of psychology, or another individual approved by the board.

(2) To be eligible for a limited license under section 18223(3) of the code, an applicant shall have a completed application filed with the board on or before September 30, 1983.

 

R  338.2507a    Application  for  temporary  limited  license for  post-master’s  degree  experience pursuant to MCL §333.18223(3) (2).

Rule 7a. (1) The board shall issue a temporary limited license for post-master’s degree experience to an applicant who meets the following requirements:

 

 

(a)    Has completed educational requirements as provided in these rules.

(b)    Has completed training requirements as provided in these rules.

(c)    Has made appropriate arrangements for supervision by a psychologist as provided in these rules.

(2) A temporary limited license is valid for 2 years.

 

R 338.2508 Application for license pursuant to MCL §333.18223(4); eligibility requirements.

Rule 8. To be eligible for licensure pursuant to section 18223(4) of the code, an applicant shall comply with all of the following:

(a) Have been certified on or before September 30, 1978, as a consulting psychologist under Act No. 257 of the Public Acts of 1959, as amended.

(b) Have not less than 2 years of experience in the practice of psychology as defined in section 18201(l)(b) of the code.

(c) Have a completed application filed with the board on or before September 30, 1981. RESCINDED.

 

R 338.2509 Application for license pursuant to MCL §333.18223(5); eligibility requirements.

Rule 9. To be eligible for licensure pursuant to section 18223(5) of the code, an applicant shall comply with all of the following:

(a) Have been certified as a psychologist under Act. No. 257 of the Public Acts of 1959, as amended.

(b) Have not less than 2 years of postdoctoral experience in the practice of psychology as defined in section 18201(l)(b) of the code.

(c) Have completed application filed with the board on or before September 30, 1981. RESCINDED.

 

R 338.2510 Application for limited license pursuant to MCL §333.18212(2); eligibility requirements.

Rule 10. (1) To be eligible for a limited license for postdoctoral training and experience under section 18212(2) of the code, an individual shall have been granted a doctoral degree which meets the requirements of R 338.2506(a).

(2) An individual granted a limited license for postdoctoral training and experience shall be supervised by a licensed psychologist in an organized health care setting or other arrangement receiving approval of THAT IS APPROVED BY the board. Supervision shall be on a regular weekly, face-to-face basis, reviewing all active work functions and records of the individual, except in cases of extreme hardship where an alternative supervision arrangement is approved by the board before implementation of the arrangement. Such training and experience shall occur in an organized health care setting, as defined in R 338.2501(l)(1) (b), or other arrangement receiving approval of the board.

 

R 338.2511 Accreditation; adoption by reference.

Rule 11. (1) Accreditation by the regional accrediting body of the council on postsecondary accreditation constitutes a prima facie showing that an institution is acceptable.

(2) An institution which is not accredited by the regional accrediting body of the council on postsecondary accreditation may become recognized by the board if the applicant or institution involved demonstrates that the institution meets the standards adopted in subrule (3) of this rule.

(3)   (1) The BOARD ADOPTS BY REFERENCE THE RECOGNITION standards AND CRITERIA of  the regional accrediting body of the COUNCIL FOR HIGHER EDUCATION ACCREDITATION (CHEA), EFFECTIVE JANUARY 1999, AND THE PROCEDURES AND CRITERIA FOR RECOGNIZING POSTSECONDARY ACCREDITING AGENCIES OF THE U.S. DEPARTMENT OF EDUCATION, EFFECTIVE JULY 1, 2000 council on postsecondary accreditation available at the time of adopting these rules, for the purposes of determining TO DETERMINE “regionally accredited”

 

 

as provided in section 18223(l) (1) and (3) (2) of the code. , are herein adopted by reference. Copies of the standards AND CRITERIA of the regional accrediting body of the COUNCIL FOR HIGHER EDUCATION ACCREDITATION AND THE U.S. DEPARTMENT OF EDUCATION council on

postsecondary accreditation are available for inspection at the BOARD OF PSYCHOLOGY, BUREAU OF HEALTH SERVICES, department of licensing and regulation, CONSUMER AND INDUSTRY SERVICES,  611  WEST  OTTAWA,  P.O.  BOX  30670,  LANSING,  MI  48909.    and  THE  CHEA

RECOGNITION STANDARDS ALSO may be obtained from the American Council on Education, One DuPont Circle, Washington, D.C. 20036, at no charge. , or from the Department of Licensing and Regulation, P.O. Box 30018, Lansing, Michigan 48909, at no charge. COUNCIL FOR HIGHER EDUCATION ACCREDITATION, ONE DUPONT CIRCLE NW, SUITE 510, WASHINGTON, DC 20036-1110, OR FROM THE COUNCIL’S WEBSITE AT HTTP:WWW.CHEA.ORG, AT NO COST. THE FEDERAL RECOGNITION CRITERIA ALSO MAY BE OBTAINED FROM THE U.S. DEPARTMENT OF EDUCATION, OFFICE OF POSTSECONDARY EDUCATION, 1990 K STREET NW, WASHINGTON, DC 20006 OR FROM THE DEPARTMENT’S WEBSITE AT HTTP:WWW.ED.GOV/OFFICES/OPE, AT NO COST.

(4)     (2)  THE  BOARD  ADOPTS  BY  REFERENCE  THE  STANDARDS  OF  THE  FOLLOWING POSTSECONDARY      ACCREDITING   ORGANIZATIONS,  WHICH     ARE   AVAILABLE  FOR INSPECTION   AT   THE   BOARD   OF   PSYCHOLOGY,   BUREAU   OF   HEALTH   SERVICES, DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, 611 WEST OTTAWA, P.O. BOX 30670, LANSING, MI 48909.  COPIES OF THE FOLLOWING STANDARDS MAY BE OBTAINED FROM THE INDIVIDUAL ACCREDITING ORGANIZATION AT THE IDENTIFIED COST: (A)THE  STANDARDS  OF  THE  MIDDLE  STATES  ASSOCIATION  OF  COLLEGES  AND SCHOOLS,       COMMISSION     ON     HIGHER     EDUCATION,       3624     MARKET       STREET, PHILADELPHIA, PA 19104, SET FORTH IN THE DOCUMENT ENTITLED “CHARACTERISTICS OF  EXCELLENCE         IN    HIGHER   EDUCATION:     ELIGIBILITY  REQUIREMENTS      AND STANDARDS  FOR  ACCREDITATION”,  2002  EDITION,  WHICH  IS  AVAILABLE  FREE  OF CHARGE  ON  THE  ASSOCIATION’S  WEBSITE  AT  HTTP:WWW.MSACHE.ORG  OR  FOR PURCHASE AT A COST OF $6.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(B)       THE STANDARDS OF THE NEW ENGLAND ASSOCIATION OF SCHOOLS AND COLLEGES, INC., COMMISSION ON INSTITUTIONS OF HIGHER EDUCATION, 209 BURLINGTON ROAD, BEDFORD, MA 07130, SET FORTH IN THE DOCUMENT ENTITLED “STANDARDS FOR ACCREDITATION”, 2001 EDITION, WHICH IS AVAILABLE FREE OF CHARGE ON THE ASSOCIATION’S WEBSITE AT HTTP:WWW.NEASC.ORG OR FOR PURCHASE AT A COST OF $5.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(C)  THE STANDARDS OF THE NORTH CENTRAL ASSOCIATION OF COLLEGES AND SCHOOLS, THE HIGHER LEARNING COMMISSION, 30 NORTH LASALLE STREET, SUITE 2400, CHICAGO, IL 60602, SET FORTH IN THE DOCUMENT ENTITLED “HANDBOOK OF ACCREDITATION”, SECOND EDITION, WHICH IS AVAILABLE FOR PURCHASE THROUGH THE ASSOCIATION’S WEBSITE AT HTTP:WWW.NCAHIGHERLEARNINGCOMMISSION.ORG AT A COST OF $18.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(D)   THE STANDARDS OF THE NORTHWEST ASSOCIATION OF SCHOOLS, COLLEGES, AND UNIVERSITIES, THE COMMISSION ON COLLEGES AND UNIVERSITIES, 8060 165TH AVE. NE, SUITE 100, REDMOND, WA 98052, SET FORTH IN THE DOCUMENT ENTITLED “ACCREDITATION HANDBOOK”, 1999 EDITION, WHICH IS AVAILABLE FOR PURCHASE AT A COST OF $12.00 AS OF THE TIME OF ADOPTION OF THESE RULES, OR THROUGH THE ASSOCIATION’S WEBSITE AT HTTP:WWW.NWCCU.ORG.

(E)    THE STANDARDS OF THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS, COMMISSION ON COLLEGES, 1866 SOUTHERN LANE, DECATUR, GA 30033, SET FORTH IN

 

 

THE DOCUMENT ENTITLED “CRITERIA FOR ACCREDITATION” 1998 EDITION, WHICH IS AVAILABLE FREE OF CHARGE ON THE ASSOCIATION’S WEBSITE AT HTTP:WWW.SACSCOC.ORG OR FOR PURCHASE AT A COST OF $12.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(F)   THE STANDARDS OF THE WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES, THE ACCREDITING COMMISSION FOR SENIOR COLLEGES AND UNIVERSITIES, 985 ATLANTIC AVENUE, SUITE 100, ALAMEDA, CA 94501, SET FORTH IN THE DOCUMENT ENTITLED “2001 HANDBOOK OF ACCREDITATION”, WHICH IS AVAILABLE FREE OF CHARGE ON THE COMMISSION’S WEBSITE AT HTTP:WWW.WASCWEB.ORG OR FOR PURCHASE AT A COST OF $20.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(G)    THE STANDARDS OF THE WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES, ACCREDITING COMMISSION FOR COMMUNITY AND JUNIOR COLLEGES, 3402 MENDOCINO AVENUE, SANTA ROSA, CA 95403, SET FORTH IN THE DOCUMENT ENTITLED “THE HANDBOOK OF ACCREDITATION AND POLICY MANUAL”, 2002 EDITION, WHICH IS AVAILABLE FREE OF CHARGE ON THE COMMISSION’S WEBSITE AT HTTP:WWW.WASCWEB.ORG.

 

R 338.2514  Advertising.

Rule 14. (1) A psychologist licensed pursuant to section 18223(l) (1) or (4) of the code is permitted to advertise unless such advertising is false or misleading to the public.

(2)   Advertising means any representation, by whatever form, which THAT is intended for, or likely to be received by, the public and which offers or describes psychological services or abilities. Advertising includes, but is not limited to, all of the following:

(a)    Newspapers.

(b)    Magazines.

(c)    Radio.

(d)    Television.

(e)    Letterheads.

(f)    Business cards.

(g)    Business announcements.

(h)    Books.

(i)    Brochures.

(j)    Yellow pages.

(k)    Business directories.

e Exaggerated;. d Deceptive;.

f Fails to reveal a material fact, the omission of which tends to mislead to deceive the public;.  i Intended or likely to create unjustified expectations; .

or l Likely to cause confusion or misunderstanding by the public.

(4)   The following are examples of advertising which THAT is permissible under these rules:

(a)    An advertisement may show all of the following:

(i)    Fee information.

(ii)    Policy regarding payment terms.

(iii)    Academic degrees earned from institutions accredited or otherwise recognized by the board.

 

 

(iv)    Office hours.

(v)    Membership in professional associations.

(vi)    American board of professional psychology diplomate status.

(vii)     Policy regarding third-party payments.

(viii)     That the licensee is a psychologist licensed in Michigan.

(b)    An advertisement may describe types of psychological services offered.

(c)    If practice is limited to a particular area or areas, that fact may be noted.

Advertising is not limited to the examples specifically set forth in this subrule, as long as it otherwise complies with these rules.

(5)   A paid advertisement shall be identified as such, unless it is obvious from the context that it is such. A PAID ADVERTISEMENT.

(6)   An advertisement which identifies or names persons other than psychologists possessing a Michigan license or a Michigan limited license shall clearly disclose the professional identity of such persons.

(7)    The licensee is responsible for insuring ENSURING that advertising is not in conflict with these rules. A licensee securing advertising has the affirmative duty to review all advertisements before they are released to the public. Bona fide prior review of the advertisement will be prima facie proof that the licensee is not responsible for advertising violations introduced thereafter by other persons without the knowledge or involvement of the licensee.

(8)   A limited licensee licensed pursuant to any section of part 182 of the code, except section 18223(1) or (4) may not advertise; however, a psychologist licensed pursuant to section 18223(1) or (4) may in advertising identify a limited licensee subject to the following provisions:

(a)    The advertisement shall identify the limited licensee’s employer or supervisor as such.

(b)      The advertisement may show the limited licensee’s name and academic degrees earned from institutions accredited or otherwise recognized by the board.

(c)    The advertisement shall identify the limited licensee as a “Michigan limited licensed psychologist.”

(d)    The advertisement shall display, in a manner which is conspicuous and which clearly indicates its applicability to the limited licensee named, the following statement: “A Michigan limited license permits practice under the supervision of a Michigan licensed psychologist.”

(e)      Letterheads and business cards need not comply with subdivision (d) of this subrule, but shall comply with all other portions of this subrule.