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. 5609 December 18, 1979 PUBLIC HEALTH CODE: Practice of psychology by employees of Department of Mental Health DEPARTMENT OF MENTAL HEALTH: Practice of psychology by employees PSYCHOLOGISTS: Practice of psychology by employees of Department of Mental Health Employees of the Department of Mental Health engaged in the practice of psychology are required to be licensed by the Board of Psychology. Frank M. Ochberg, M.D. Director Department of Mental Health Lewis Cass Building Lansing, Michigan 48926 My opinion has been requested regarding the following question: Are psychologists in institutions operated by the Department of Mental Health required to be licensed? The Public Health Code, 1978 PA 368; MCLA 333.1101 et seq; MSA 14.15(1101) et seq, hereafter Code, repealed the Psychologist Registration Act, 1959 PA 257; MCLA 338.1001 et seq; MSA 14.677(1) et seq. 1959 PA 257, supra, provided for the certification of consulting psychologists, (1) psychologists (2) and psychological examiners (3) by the Department of Licensing and Regulation. (4) 1959 PA 257, supra, prohibited individuals other than certified consulting psychologists from advertising or holding themselves out to the public as engaged in psychological services. MCLA 338.1012; MSA 14.677(12); MCLA 338.1013; MSA 14.677(13). Further, 1959 PA 257, supra, Sec. 11, prohibited persons who were not certified by the Department of Licensing and Regulation from using the title 'certified consulting psychologist,' 'certified psychologist' or 'certified psychological examiner.' However, 1959 PA 257, supra, exempted governmental employees from the certification requirements. 1959 PA 257, supra, Sec. 14(3), provided as follows: 'An employee of a recognized hospital, school, college or university or of any government, federal, state or local or of any charitable, voluntary or nonprofit organization serving benevolent and charitable purposes, who has an employment title which would come within the prohibition of this act, may use his employment title in conjunction with services performed within the scope of his employment even though such employee is not certified under this act.' 1959 PA 257, supra, Sec. 13, provided in part as follows: 'No corporation or other legal entity other than a recognized hospital, school, college or university, or a subdivision of the federal, state or local government, or a charitable, voluntary or nonprofit organization serving benevolent and charitable purposes, may advertise or represent itself to the public in any way which will lead the public to believe that it is rendering or offering to render psychological services to the public unless such services are performed by or under the immediate supervision of a certified consulting psychologist. . . .' The above-cited sections did not require certification of individuals employed within the Department of Mental Health who possessed an employment title prohibited by 1959 PA 257, supra, nor did they prevent employees of the Department of Mental Health from rendering or offering to render psychological services, even though such services were not provided by or under the immediate supervision of a certified consulting psychologist. The practice of psychology is defined in Sec. 18201(1)(b) of the Code as follows: "Practice of psychology' means 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.' And section 18211(2) of the Code prohibits individuals from engaging in the practice of psychology unless licensed pursuant to the provisions of the Code. There are, however, the following exemptions from the psychology license requirements listed in Sec. 18214 of the Code: '(1) This part does not prohibit an individual who holds a doctoral degree in psychology from a regionally accredited college or university from using a title including 'psychologist' if the individual does not engage in the practice of psychology. '(2) This part does not prohibit an individual approved by the state department of education from using the title 'school psychologist' and engaging in those duties and activities pertinent to employment by a public or private elementary or secondary school. '(3) This part does not prohibit an individual employed by a regionally accredited college or university and involved in research or the teaching of psychology from performing those duties for which he or she is employed by that institution. '(4) This part does not prohibit a certified, licensed, registered, or otherwise statutorily recognized member of any profession including a lawyer, social worker, school counselor or marriage counselor from practicing his or her profession as authorized by law. '(5) This part does not prohibit a clergyman, professional educator, or professional counselor, including an alcoholism or drug abuse counselor, whose practice may include preventive techniques, counseling techniques, or behavior modification techniques from practicing his or her profession consistent with his or her training and with a code of ethics for that respective profession. '(6) This part shall not apply to a participant or employee in a program licensed under part 62 or self-help, peer counseling, or support services provided by a nonprofit organization.' As there is no exemption provided for employees of the Department of Mental Health, it is my opinion that such employees may not engage in the practice of psychology unless licensed by the Board of Psychology. Frank J. Kelley Attorney General (1)
(2)
MCLA 338.1005; MSA 14.677(5).(3)
MCLA 338.1006; MSA 14.677(6).(4)
1959 PA 257, supra, authorized the Superintendent of Public Instruction to certify individuals at the three (3) levels of psychological competency. However, section 329 of the Executive Organization Act, 1965 PA 380; MCLA 16.101 et seq; MSA 3.29(1) et seq, transferred all powers, duties and functions of the Superintendent of Public Instruction under 1959 PA 257, supra, to the Department of Licensing and Regulation.