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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. 5923

June 22, 1981

PSYCHOLOGISTS:

Renewal of limited licenses

PUBLIC HEALTH, DEPARTMENT OF:

Scope of study of Health Occupations Council

The scope of the study to be conducted by the Health Occupations Council pursuant to 1978 PA 368, Sec. 18223(2) is not limited to the continued grant of licenses to persons qualified for a limited license as a psychologist.

A limited license granted to a psychologist pursuant to 1978 PA 368, Sec. 18223 may be renewed.

Honorable Doug Ross

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on the following questions:

1. In regard to nondoctoral, limited licensed psychologists, what is the scope of the Health Occupations Council study as specified by 1978 PA 368, Sec. 18223(2)?

2. Are limited licenses granted under 1978 PA 368, in accord with the stated deadlines, renewable?

1978 PA 368, as amended; MCLA 333.1101 et seq; MSA 14.15(1101) et seq, is known as the Public Health Code.

The Board of Psychology may license person who hold a doctoral degree in psychology or a closely related field and are otherwise qualified. 1978 PA 368, supra, Sec. 18223(1), (4). The Board also issue a limited license to a person who has obtained a doctoral degree but not yet gained the necessary experience. 1978 PA 368, supra, Sec. 18223(5). Finally, the Board may issue a limited license to a person certified or eligible for certification as a psychological examiner under 1959 PA 257, as amended on September 30, 1978, even though he or she does not possess a doctoral degree, or to a person possessing a master's degree in psychology from an approved institution of higher education not later than September 30, 1980. 1978 PA 368, supra, Sec. 18223(3).

Under 1978 PA 368, Sec. 18223(2), supra, the Legislature provided that the Health Occupations Council, in cooperation with the Board of Psychology and representatives of the profession shall 'conduct a study regarding continued licensure or other credentialing of nondoctoral psychologists. . . .' The Health Occupations Council was created by 1978 PA 368, supra, Sec. 16151 and empowered to, inter alia:

'Evaluate proposals as to licensure and registration of existing and emerging health occupations and recommend the appropriateness of, and the mechanisms for, regulation of those health occupations to the department, other state agencies, and the legislature in accordance with the criteria prescribed in sections 16155 and 16156.'

Giving meaning to the authority conferred upon the Health Occupations Council by 1978 PA 368, Secs. 16151 and 18223(2), supra, the Council may make recommendation relative to the continued licensure of psychologists with earned master's degrees only and also for the entire occupation area of psychologists.

It is, therefore, my opinion in answer to your first question that the scope of the stdy to be conducted by the Health Occupations Council is not limited to the continued grant of license to persons qualifying for a limited license pursuant to 1978 PA 368, Sec. 18223(3), supra.

Your second question asks whether such limited licenses are renewable.

1978 PA 368, Sec. 18223(3), supra, specifically provides that '[a] limited license granted under this subsection shall be renewed pursuant to part 161.'

It is, therefore, my opinion in answer to your second question that a limited license authorized pursuant to 1978 PA 368, Sec. 18223, supra, may be renewed.

Frank J. Kelley

Attorney General


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