|








|
 |
BAAM Professional Essentials
Michigan Board of Psychology-General Rules
R 338.2501-338.2516
(Effective August 14, 2007) |
|
(Disclaimer)
(a) "Code" means
1978 PA 368,MCL 333.1101 et seq.
(b) "Organized health care setting" means an organized governmental
entity, nonprofit organization, or a private agency, institution,
or organization engaged in the delivery of health care services which
provides an opportunity for continuous professional interaction and
collaboration with other disciplines, an opportunity to utilize a
variety of theories, and an opportunity to work with a broad range
of populations and techniques.
(2) The terms
defined in the code have the same meanings when used in these rules.
History: 1954
ACS 100, Eff. Sept. 15, 1979; 1979 AC; 2005 MR 18, Eff. Sept.23,
2005.
R 338.2502
License, licensure, and 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.
History: 1954
ACS 100, Eff. Sept. 15, 1979; 1979 AC.
R 338.2503
Request for board action.
Rule 3.
(1) A request
for board action authorized under the code or 1969 PA 306, MCL
24.201 et seq. shall be in writing and shall be filed with the
Board of Psychology, Bureau of Health Services, Department of Consumer
and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing,
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.
History: 1954
ACS 100, Eff. Sept. 15, 1979; 1979 AC; rescinded 2001 MR 12, Eff.
Jun 26, 2001; 2003 MR 18, Eff Oct. 8, 2003.
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 213
on the test of English as a foreign language administered by the
educational testing service and obtained a score of not less than
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) Ability to write clearly, using complete sentences with correct
spelling, punctuation, and word usage.
History: 1954
ACS 100, Eff. Sept. 15, 1979; 1979 AC; 1992 MR 1, Eff. Jan. 24, 1992;
2003 MR 18, Eff. Oct. 8, 2003.
R
338.2505 Examination for psychologist; passing scores; eligibility
requirements.
Rule 5.
(1) An applicant
for a psychologist license shall meet the requirements for licensure
as specified in R 338.2506(a) and (b).
(2) The board
approves the examination for professional practice in psychology
of the association of state and provincial psychology boards (asppb).
(3) An individual
seeking licensure under MCL 333.18223(1) shall achieve a passing
score of 500 as established by the asppb.
(4) If an applicant
is a limited licensed psychologist who already took the examination
specified in subrule (2) of this rule and achieved a passing score
at or above the score required for licensure as a psychologist,
then that test score may be used to fulfill the requirement in
subrule (3) of this rule.
History: 1954
ACS 100, Eff. Sept. 15, 1979; 1979 AC; 2003 MR 18, Eff. Oct.8,
2003; 2007 MR 15, Eff. Aug. 14, 2007.
R
338.2505a Examination for psychologist limited license; passing
scores; eligibility requirements.
Rule 5a.
(1) An applicant
for a psychologist limited license shall meet the requirements
for licensure as specified in R 338.2507(a) or (b)(i), (b)(ii)
and (b)(iii).
(2) The board
approves the examination for professional practice in psychology
of the association of state and provincial psychology boards (asppb).
(3) An individual
seeking licensure under MCL 333.18223(2) shall achieve a passing
score of 450 as established by the asppb. This subrule shall take
effect on June 30, 2010.
(4) An individual
who was licensed under MCL 333.18223(2) prior to the effective
date of subrule (3) of this rule shall not be required to take
the examination specified in subrule (2) of this rule.
History: 2007
MR 15, Eff. Aug. 14, 2007.
R 338.2506
Application for licensure; education, training, and experience
requirements.
Rule 6.
To be granted
a license under MCL 333.18223(1), an applicant shall satisfy all
of the following requirements:
(a)
Education: An applicant shall possess either a doctoral degree
in psychology or a doctoral degree in a closely related field from
an institution that meets the standards in R 338.2511. Either degree
shall comply with all of the following:
(i)
The degree shall be an integrated, organized sequence of study
that 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) The
degree shall include at least 1 graduate course, of at least
3 semester hours of credit or 15 hours of
classroom instruction
per semester hour, in the study of scientific and professional
ethics and standards. This subrule shall take effect on June
30, 2009. If an applicant graduated prior to June 30, 2009
and his
or her doctoral degree included a graduate course in scientific
and professional ethics of at least one credit
hour, the applicant shall be considered as complying with this
subrule.
(v) 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 subject matter of the material taught is psychological. (B)
Psychology department: The course is taught in a psychology
department.
(b)
Training: An applicant shall have participated in an internship
program that complies with all of the following:
(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 is an integrated part of the doctoral degree
program; however, a postdoctoral internship may be recognized by
the board if it meets the other requirements 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 clock 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 applicant shall meet individually and in person with
his or her supervisor for a minimum of 8 hours a month during the
internship program.
This subdivision takes effect January 1, 2006.
(viii) The internship is separate and distinct from the applicant's
required experience in the practice of psychology.
(c)
Experience: An applicant shall have acquired postdoctoral experience
in the practice of psychology which meets all of the following
criteria:
(i)
The experience constitutes not less than 2,000 clock hours completed
in not more than 2 consecutive years.
(ii) The experience shall be accumulated at not less than 16 clock
hours per week nor more than 40 clock hours per week.
(iii) In cases of hardship, the board may consider a request for
an extension of the time period identified in paragraphs (i) and
(ii) of this subdivision.
(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(1)(b), or other arrangement receiving
approval of the board.
History: 1954 ACS
100, Eff. Sept. 15, 1979; 1979 AC; 1979 ACS 12, Eff. Dec. 1, 1982; 2003
MR 18, Eff. Oct. 8, 2003; 2005 MR 18, Eff. Sept. 23, 2005; 2007 MR 15,
Eff. Aug. 14, 2007.
R 338.2507
Application for limited license; education, training, and experience
requirements.
Rule 7.
To be granted
a limited license under MCL 333.18223(2), 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 1959 PA 257,
MCL 338.1001et seq. on or before September 30, 1978.
(b) Individuals who apply for licensure under MCL 333.18223(2) and who
are not eligible under subdivision (a) of this subrule shall meet the following
education, training, and experience requirements:
(i) Education:
Applicants for a limited license shall have earned a master's
degree in psychology from an institution that meets the standards
provided in R 338.2511.
(ii) Individuals who are enrolled in a master's degree program that qualified
them for a limited license before the effective date of this amendatory
rule and who apply for a limited license within 5 years of the effective
date of this amendatory rule shall be eligible for a limited license under
MCL 333.18223(2). The degree required under this subdivision shall satisfy
all of the following requirements:
(A)
The degree shall be an integrated, organized sequence
of study that includes at least 1 course in assessment,1
course in treatment,
and 1 course in scientific and professional ethics
and standards. Effective June 30, 2009, the 1 course in
scientific and professional
ethics and standards shall be at least 3 semester hours
or 15 hours of classroom instruction per semester hour.
If an applicant
graduated prior to June 30, 2009 and his or her master's
degree included a graduate course in scientific and professional
ethics
of at least one credit hour, the applicant shall be
considered as complying with this subrule
(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 subject of the material taught is psychological.
(2) Psychology department: The course is taught in a psychology department.
(iii)
Training: An applicant shall have participated in a practicum
that complies with all of the following:
(A)
The practicum shall be an integrated part of the master's degree
program; however, a post-degree practicum may be recognized by
the board if such a practicum is through an institution that
meets the
standards adopted in R 338.2511 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.
(D)
The applicant shall meet in person with his or her supervisor
for a minimum of 8 hours a month during the practicum. This subparagraph
takes effect January 1, 2006.
(iv)
Experience: Individuals applying after September 30, 1980, in
addition to the requirements of paragraphs (i) and (ii) of this
subdivision, shall have acquired 1 year of post-master's degree
experience in the practice of psychology. To acquire the experience,
the applicant shall obtain a temporary limited license for post-master's
degree experience as provided in R 338.2507a. The experience
shall comply with all of the following requirements:
(A)
The experience shall constitute not less than 2,000 clock hours.
(B) The experience shall be accumulated at not less than 16 clock hours per
week nor more than 40 clock 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(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) The applicant shall meet individually and in person with his or her supervisor
for a minimum of 4 hours a month during the 2,000 clock hours of post-master's
degree experience. This subparagraph takes effect January 1, 2006.
(G) 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
clock hours) of post-master's degree experience in the practice of psychology,
or another individual approved by the board.
History:
1954 ACS 100, Eff. Sept. 15, 1979; 1979 AC; 1979 ACS 12, Eff. Dec.
1, 1982; 2003 MR 18, Eff. Oct. 8, 2003; 2005 MR 18, Sept. 23, 2005;
2007 MR 15, Eff. Aug. 14, 2007.
R 338.2507a
Application for temporary limited license for post-master's degree
experience.
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. The arrangements shall provide for individual,
in person meetings between the applicant and his or her supervisor
for a minimum of 4 hours a month during the 2,000 clock hours of
post-master's degree experience. This subdivision takes effect January
1, 2006.
(2) A temporary
limited license is valid for 2 years.
History: 1979
ACS 12, Eff. Dec. 1, 1982; 2003 MR 18, Eff. Oct. 8, 2003; 2005
MR 18, Sept. 23, 2005.
R 338.2508
Rescinded.
History: 1954
ACS 100, Eff. Sept. 15, 1979; 1979 AC; rescinded 2003 MR 18, Eff.
Oct. 8, 2003
R 338.2509
Rescinded.
History: 1954
ACS 100, Eff. Sept. 15, 1979; 1979 AC; rescinded 2003 MR 18,Eff.
Oct. 8, 2003.
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 that is approved by the
board. The limited licensee shall meet individually and in person
with his or her supervisor weekly for a minimum of 4 hours a month,
during which all active work functions and records of the individual
are reviewed. In cases of extreme hardship, the limited licensee may
request an alternative supervision arrangement. The board shall approve
the alternative supervision arrangement before the arrangement is
implemented. Such training and experience shall occur in an organized
health care setting, as defined in R 338.2501(1)(b), or other arrangement
receiving approval of the board.This subdivision takes effect January
1, 2006.
History: 1954
ACS 100, Eff. Sept. 15, 1979; 1979 AC; 1979 ACS 12, Eff. Dec. 1,
1982; 2003 MR 18, Eff. Oct. 8, 2003; 2005 MR 18, Eff. Sept. 23,
2005.
R 338.
2510a Supervision requirements; reporting of supervision.
Rule 10a.
(1) An individual
who is granted a limited license under MCL 333.18223(2) and is
required to be supervised by a licensed psychologist shall meet
all of the following requirements:
(a)
A licensee who has less than 10 years of experience as a limited
licensed psychologist, excluding experience as a temporary limited
licensed psychologist, shall meet individually and in person with
his or her supervisor for a minimum of 2 hours a month.
(b) A licensee who has 10 or more years of experience as a limited
licensed psychologist, excluding experience as a temporary limited
licensed psychologist, shall meet individually and in person with
his or her supervisor for a minimum of 1 hour a month.
(c) A licensee who seeks a variance from the supervision requirement
described in subrule (1)(a) or subrule (1)(b) of this rule, as provided
for in MCL 333.18223(2), shall submit a request for a variance to
the board for consideration. Reasons for a possible variance include,
but are not limited to, issues regarding physical disability, extended
absence from practice, or geographical hardships. A variance shall
not be implemented without the written permission of the board.
(2) When renewing
a limited license, a limited licensed psychologist shall report
on the license renewal form the name, address, telephone number,
and license number of his or her supervisor. The licensee also
shall report the starting date of the supervision. This subrule
takes effect with the 2006 renewal cycle.
(3) When renewing
a license, a licensed psychologist who is supervising a limited
licensed psychologist shall report on the license renewal form
the name, address, telephone number, and license number of each
limited licensed psychologist that he or she supervises. The licensee
shall also report the starting date of the supervision. This subrule
takes effect with the 2006 renewal cycle.
History: 2005
MR 18, Eff. Sept. 23, 2005; 2007 MR 15, Eff. Aug. 14, 2007.
R 338.2511
Accreditation; asppb/national register designation for doctoral
programs; adoption by reference.
Rule 11.
(1) To determine "regionally accredited" as
provided in section 18223(1) and (2) of the code, the board adopts
by reference
the policy and procedures for recognition of accrediting organizations
of the council for higher education accreditation (chea), effective
January 2006, and the procedures and criteria for recognizing accrediting
agencies of the U.S. department of education, effective July 1, 2000,
as contained in Title 34, Part 602 of the Code of Federal Regulations.
Copies of the standards and criteria of the council for higher education
accreditation and the U.S. department of education are available
for inspection and distribution at cost from the Board of Psychology,
Bureau of Health Professions, Department of Community Health, 611
West Ottawa, P.O. Box 30670, Lansing, MI 48909. The chea recognition
standards also may be obtained from the 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, 400 Maryland Avenue SW, Washington, DC 20202
or from the department's website at http://www.ed.gov at no cost.
(2)
The board adopts by reference the standards of the following postsecondary
accrediting organizations, which are available for
inspection and distribution at cost from the Board of Psychology,
Bureau of Health Professions, Department of Community Health, 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", 2004 edition, which is available free of charge
on the association's website at http://www.msche.org or for
purchase at a cost of $7.40 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", 2005 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", Third Edition, which is available
for purchase through the association's website at http://www.ncahigherlearningcommission.org
at a cost of $30.00 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 Avenue NE, Suite 100, Redmond, WA 98052, set
forth in the document entitled "Accreditation Handbook",
2003 edition, which is available for purchase at a
cost of $20.00 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 "Principles of
Accreditation: Foundations for Quality Enhancement",
copyright 2004, which is available free of charge
on the association's website
at http://www.sacscoc.org.
(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 "Handbook of Accreditation",
January 2001, 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, 10 Commercial
Blvd., Suite 204, Novato, CA 94949 set forth
in the document entitled "Accreditation
Reference Handbook", August 2005, which
is available free of charge on the commission's
website
at http://www.accjc.org.
(3) For
psychology doctoral programs, the board adopts by reference the following
criteria and standards:
(a) The designation
criteria of the national register of health service providers in
psychology and the association of state and provincial psychology
boards set forth in the publication entitled "Guidelines for
Defining a Doctoral Degree in Psychology" April 2004, which
is available for inspection and distribution at cost from the Board
of Psychology, Bureau of Health Professions, Michigan Department
of Community Health, 611 West Ottawa, Lansing, MI 48909. Copies
of the guidelines are available at no cost from the National Register
of Health Services Providers in Psychology, 1120 G St.NW, Suite
330, Washington, D.C. 2005 or at the national register's website
at www.nationalregister.org, or from the Association of State and
Provincial Psychology Boards, P.O. Box 241245, Montgomery, AL 36124-1245
or at the association's website at www.asppb.org.
(b) The accreditation
guidelines and principles of the American
psychological association as set forth in the publication entitled "Guidelines
and Principles for Accreditation of Programs in Professional
Psychology",
July 1, 2005, which is available for inspection and
distribution at cost from the Board of Psychology, Bureau of
Health
Professions, Michigan Department of Community Health, 611 West
Ottawa, Lansing,
MI 48909. Copies of the guidelines are available at
no cost from the American Psychological Association, 750 First
Street
NE, Washington,
DC 20002-4242 or at the association's website at http://www.apa.org.
(c)
The accreditation standards of the Canadian psychological association
as set forth in the publication entitled "Accreditation
Standards and Procedures for Doctoral Programmes and Internships
in Professional
Psychology", June 2002, which is available for
inspection and distribution at cost from the Board
of Psychology,
Bureau of Health
Professions, Michigan Department of Community Health,
611 West Ottawa, Lansing, MI 48909. Copies of the
accreditation standards are available
at no cost from the Canadian Psychological Association,
141 Laurier Avenue West, Suite 702, Ottawa, ON K1P
5J3
or at the association's website
at http://www.cpa.ca/accreditation.
(4) Completion of a doctoral program
in psychology that has obtained the national register's and association
of state and provincial psychology
boards' designation or accreditation by either the American psychological
association or the Canadian psychological association shall be
evidence of completion of a program acceptable to the department
and approved
by the board. This subrule takes effect June 30, 2009.
History:
1954 ACS 100, Eff. Sept. 15, 1979; 1979 AC; 1979 ACS 12, Eff. Dec.
1, 1982; 2003 MR 18, Eff. Oct. 8, 2003; 2007 MR 15, Eff.
Aug. 14, 2007.
Editor's Note: An obvious error in R 325.2511(3)(b)
was corrected at the request of the promulgating agency, pursuant
to Section
56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The
rule containing
the error was published in Michigan Register, 2007 MR 15. The
memorandum requesting the correction was published in Michigan
Register, 2007
MR 16.
R 338.2511a
Licensure by endorsement.
Rule 11a.
(1) An applicant
for licensure by endorsement 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 who satisfies the
requirements of this rule shall be deemed to meet the requirements
of section 16186(1)(a) and (b) of the code.
(2) An applicant
for doctoral level licensure pursuant to the provisions of section
18223(1) of the code shall meet either of the following requirements:
(A)
Have been first licensed in another state and engaged in the independent
practice of psychology for a minimum of 10 years before the date
of filing an application for Michigan license.
(B) Hold a current certificate of professional qualification in psychology
issued by the association of state and provincial psychology boards.
History: 2001
MR 24, Eff. Dec. 28, 2001.
R 338.2512
Rescinded.
History: 1979
ACS 4, Eff. Dec. 9, 1980; rescinded 1996 MR 11, Eff. Dec.5, 1996.
R 338.2513
Assessment of fine.
Rule 13.
(1) When a fine
has been designated as an available sanction for a violation of
sections 16221 to section 16226 of the code, in the course of assessing
a fine, the board shall take into consideration the following factors
without limitation:
(a)
The extent to which the licensee obtained financial benefit from
any conduct comprising part of the violation found by the board.
(b) The willfulness of the conduct found to be part of the violation
determined by the board.
(c) The public harm, actual or potential, caused by the violation
found by the board.
(d) The cost incurred in investigating and proceeding against the
licensee.
(2) A fine shall
not exceed the sum of $10,000.00 for each violation found to have
been committed by the licensee.
History: 1979
ACS 12, Eff. Dec. 1, 1982.
R
338.2514 Advertising.
Rule 14.
(1) "Advertising" means
any representation that includes all of the following:
(a)
Is purchased by or for a licensee.
(b) Offers or describes psychological services or abilities.
(c) Is likely to be perceived by a reasonable member of the public
as an advertisement.
(2) A psychologist
licensed under MCL 333.18223(1) may advertise unless such advertising
is false or misleading. Advertising is false or misleading if it
is any of the following:
(a)
Inaccurate.
(b) Exaggerated.
(c) Deceptive.
(d) Omits a material fact that misleads or deceives the public.
(e) Creates unjustified expectations.
(f) Causes confusion or misunderstanding by the public.
(3) A psychologist
licensed under MCL 333.18223(1) who employs a limited licensed
psychologist or a temporary limited licensed psychologist, who
is licensed under MCL 333.18223(2), may advertise the individual's
identity and qualifications. The advertisement shall do all of
the following:
(a)
Identify the individual's employer.
(b) Identify the individual as either a "limited licensed psychologist"or
a "temporary limited licensed psychologist." Abbreviations
or acronyms of the title are not permitted.
(c) Clearly and conspicuously display 1 or both of the following statements,
as appropriate: "A Limited Licensed Psychologist may practice
under the supervision of a Licensed Psychologist," or "A
Temporary Limited Licensed Psychologist may practice under the supervision
of a Licensed Psychologist."
(4) A limited
licensed psychologist or a temporary limited licensed psychologist
is prohibited from advertising or making any other representation
to the public that leads the public to believe the individual is engaging
in the practice of psychology. This subrule does not prohibit a limited
licensed psychologist or a temporary limited licensed psychologist
from buying, printing, and using business cards or letterhead for
purposes of identification.
(5) An advertisement
that 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.
(6) Licensed
psychologists shall ensure their advertisements do not conflict
with these rules. Licensed psychologists have the affirmative duty
to review the final version of all paid advertisements before release
to the public.
History: 1979
ACS 12, Eff. Dec. 1, 1982; 2003 MR 18, Eff. Oct. 8, 2003; 2007
MR 15, Eff. Aug. 14, 2007.
R
338.2515 Prohibited conduct.
Rule
15.
Prohibited
conduct includes, but is not limited to, the following acts or
omissions by any individual covered by these rules:
(a)
Engaging in harassment or unfair discrimination based on age, gender,
gender identity, race, ethnicity, culture, national origin, religion,sexual
orientation, disability, or socio-economic status, or any basis
proscribed by law.
(b) Involvement in a multiple relationship with a current or former
patient or a member of his or her immediate family, when there is
a risk of harm or exploitation to the patient. As used in this rule, "multiple
relationship" means a relationship in which a licensee is in
a professional role with an individual and 1 of the following occurs
at the same time:
(i)
The licensee is in another role with the same individual.
(ii) The licensee is in a relationship with an individual closely
associated with or related to the individual with whom the licensee
has the professional relationship.
(iii) The licensee promises to enter into another relationship in
the future with the individual or with an individual closely associated
with or related to the individual.
(c)
Taking on a professional role when personal, scientific, professional,
legal, financial, or other relationships could impair the exercise of
professional discretion or make the interests of a patient, supervisee,
or student secondary to those of the licensee.
(d) Taking advantage of any professional relationship or exploiting
others to further the licensee's personal, religious, political, business,
or financial interests, including inducing a patient, supervisee, or
student to solicit business on behalf of the licensee.
(e) Soliciting or engaging in a sexual relationship with a current
supervisee or student.
(f) Soliciting or engaging in a sexual relationship with a current
patient or a member of his or her immediate family.
(g) Soliciting or engaging in a sexual relationship with a former patient
or a member of his or her immediate family within 2 years after the
termination of the treatment or professional relationship. Disciplinary
action is not precluded against a licensee who has a sexual relationship
with a former patient or a member of his or her immediate family more
than 2 years after the termination of treatment when there is a risk
of harm or exploitation to the former patient.
(h) Willful or negligent failure to arrange for the continuity of necessary
therapeutic service.
History:
2007 MR 15, Eff. Aug. 14, 2007. R
338.2516 Patient records; retention; disposition; confidentiality.
Rule
16.
(1)
Patient records shall be preserved for a minimum of 7 years.
(2)
Any individual covered by these rules shall store and dispose of written,
electronic and other patient records so as to ensure their confidentiality,
except as otherwise provided by law or pursuant to the
written authorization of a patient specifically requesting or authorizing
release or disclosure of the patient's psychological records.
History:
2007 MR 15, Eff. Aug. 14, 2007.
Please note that
this page is intended as a convenience to BAAM members and other interested
persons. It is not an official copy of the regulations or rules, it
does not constitute legal advice, and it not necessarily a comprehensive
listing of the Michigan regulations. Please contact an attorney and
refer to the relevant sections of the full Michigan Public Health Code
(Public
Health Code, Act 368 of 1978) and Board of Psychology General Regulations
(General
Regulations) for authoritative interpretations of the regulations.
|