The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5550

September 21, 1979

PUBLIC HEALTH CODE:

Scope of practice of psychologist with limited license

PSYCHOLOGISTS:

Scope of practice of psychologist with limited license

PSYCHOLOGISTS:

Title of psychologist with limited license

A psychologist with a limited license granted pursuant to section 18223(3) of the Public Health Code may only practice psychology under supervision of psychologist with a full license and may not represent to the public that he or she engages in the practice of psychology. These limitations do not apply to duties performed as an employee of a governmental entity or a nonprofit organization serving benevolent and charitable purposes.

A psychologist with a limited license granted pursuant to section 18223(3) of the Public Health Code may use the title 'psychologist'.

Honorable R. Robert Geake

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my response to the following questions:

1. What is the scope of practice of a person granted a limited license pursuant to section 18223(3) of the Public Health Code?

2. Does the Public Health Code restrict the practice of psychology by employees of governmental or nonprofit organizations?

3. What would be the title of a person granted a limited license pursuant to section 18223(3) of the Public Health Code?

The Public Health Code, 1978 PA 368, MCLA 333.1101 et seq; MSA 14.15(1101) et seq, defines the practice of psychology (1) and required the licensure of persons engaging in the practice of psychology.

The Board of Psychology has the authority to grant limited licenses to practice psychology pursuant to sections 18212 and 18223(3)(5).

Section 18212 provides for limited licenses for training purposes when the licensee performs his or her professional services under the supervision of a licensed psychologist and confines the practice and training to a hospital, clinic, institution or other arrangement approved by the board for training.

Your question, however, focuses on section 18223(3) which provides that certain persons shall be granted a limited license. Section 18223(3) provides:

'In addition to section 16182 (2), the board shall grant a limited license to an individual certified or eligible for certification as a psychological examiner under Act No. 257 of the Public Acts of 1959, as amended, on the effective date of this part. The board shall grant a limited license to an individual granted a master's degree in psychology from a regionally accredited college or university approved by the board not later than 2 years after the effective date of this part, if the individual has education, training, and experience appropriate to the practice of psychology, as established by the board. Except for duties performed as an employee of a governmental entity or of a nonprofit organization serving benevolent and charitable purposes, 2 limitations shall be placed on a license granted under this subsection. The limitations shall require supervision by a psychologist who has a license other than a limited license and shall prohibit advertising or other representation to the public which will lead the public to believe the individual is engaging in the practice of psychology. Application for licensure under this subsection shall be received by the board not later than 3 years after the effective date of this part. A limited license granted under this subsection shall be renewed pursuant to part 161.' [Emphasis added]

Addressing your first two questions, it will be noted that the primary rule of statutory construction is to ascertain and give effect to the intention of the Legislature. Aikens v Department of Conservation, 387 Mich 495; 198 NW2d 304 (1972). If the meaning of the language is plain and unambiguous, interpretation is not necessary, and the statute is simply applied as written. Gregory Boat Co v City of Detroit, 37 Mich App 673; 195 NW2d 290 (1972).

Applying the rules of statutory construction, the plain meaning of section 18223(3), supra, authorizes individuals who are not employed by a 'governmental entity' or 'nonprofit organization' to engage in the practice of psychology if they are supervised by an individual granted a license to practice psychology other than a limited license. The limitations provided within section 18223(3) do not restrict individuals from engaging in the practice of psychology as long as they are properly supervised. It should be noted that the statute also prohibits such limited licensees from advertising or making any other representations to the public which lead the public to believe that the individual is engaging in the practice of psychology. Section 18223(3) does not apply these limitations to an individual who is engaged in the practice of psychology as an employee of a 'governmental entity' or 'nonprofit organization'. Individuals who are employees of a 'governmental entity' or 'nonprofit organization' may also engage in the practice of psychology as defined in section 18201(1)(b). The only limitation on such limited licensees is that they be employees of a 'governmental entity' or 'nonprofit organization'.

Therefore, it is my opinion that an individual holding a limited license who is not employed by a governmental entity or nonprofit organization to practice psychology may only do so under the supervision of a licensed person. There is no such restriction imposed upon individuals granted a limited license who are employed by a governmental entity or nonprofit organization.

As to your third question, section 16263(k) provides:

'The following words, titles, or letters or a combination thereof, with or without qualifying words or phrases, are restricted in use only to those persons authorized under this article to use the terms and in a way prescribed in this article:

'(k) 'Consulting psychologist', 'psychologist', 'psychological assistant', and 'psychological examiner'.'

Section 18201(1)(a) provides:

"Psychologist' means an individual licensed under this article to engage in the practice of psychology.'

Thus, the definition of 'psychologist' makes no distinction between individuals granted a full license and those granted a limited license. Therefore, individuals granted a limited license to practice psychology may use the title 'psychologist'.

Frank J. Kelley

Attorney General

(1) The practice of psychology is defined by section 18201(b) to mean:

'. . . the rendering to individuals, groups, organizations, or the public of services involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior for the purposes of the diagnosis, assessment related to diagnosis, prevention, amelioration, or treatment of mental or emotional disorders, disabilities or behavioral adjustment problems by means of psychotherapy, counseling, behavior modification, hypnosis, biofeedback techniques, psychological tests, or other verbal or behavioral means. The practice of psychology shall not include the practice of medicine such as prescribing drugs, performing surgery, or administering electro-convulsive therapy.'

(2) Section 16182 applies to all health professional licensing boards and authorizes issuance of a limited license to an individual when the board determines that the limitation is consistent with the individual's competency.