DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

COUNSELING - GENERAL RULES

Filed with the secretary of state on April 26, 2023

These rules become effective immediately after filing with the secretary of state unless

adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969,

1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections

become effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of licensing and regulatory

affairs by sections 16141, 16145, 16148, 16201, 18101, 18106, 18107, and 18111 of the

public health code, 1978 PA 368, MCL 333.16141, 333.16145, 333.16148, 333.16201,

333.18101, 333.18106, 333.18107, and 333.18111, and Executive Reorganization Order

Nos. 1991-9, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 338.3501, 445.2001, 445.2011,

445.2025, and 445.2030)

R 338.1751, R 338.1761, R 338.1763, R 338.1765, R 338.1771, R 338.1772, R 338.1774,

R 338.1775, R 338.1776, and R 338.1781 of the Michigan Administrative Code are

amended, and R 338.1758 and R 338.1777 are added, as follows:

PART 1. GENERAL PROVISIONS

R 338.1751 Definitions.

Rule 1. (1) As used in these rules:

(a) "Board" means the Michigan board of counseling created under section 18103 of the

code, MCL 333.18103.

(b) “CACREP” means the Council for Accreditation of Counseling and Related

Educational Programs.

(c) “CCE” means the Center for Credentialing and Education, Inc.

(d) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(e) "Department" means the department of licensing and regulatory affairs.

(f) “Supervisor” means a licensed professional counselor that received training in the

function of counseling supervision, as specified in R 338.1781.

(g) "Under the supervision of a licensed professional counselor" means under the

ongoing supervision of a professional counselor licensed in this state that satisfies the

requirements of a supervisor or under the ongoing supervision of an individual in another

state that substantially satisfies the requirements for a professional counselor license and

counseling supervisor in this state.

(2) A term defined in the code has the same meaning when used in these rules.

October 10, 2022

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R 338.1758 Telehealth.

Rule 58. (1) A licensee shall obtain consent for treatment before providing a telehealth

service under section 16284 of the code, MCL 333.16284.

(2) A licensee shall maintain proof of consent for telehealth treatment in the patient’s

up-to-date medical record and satisfy section 16213 of the code, MCL 333.16213.

(3) A licensee providing any telehealth service shall do both of the following:

(a) Act within the scope of the licensee’s practice.

(b) Exercise the same standard of care applicable to a traditional, in-person healthcare

service.

PART 2. EDUCATION

R 338.1761 Accreditation standards; higher education institutions; adoption by

reference.

Rule 61. (1) The standards for recognition of accrediting organizations developed and

adopted by the Council for Higher Education Accreditation (CHEA), One Dupont Circle

NW, Suite 510, Washington, District of Columbia 20036, in the publication titled

“CHEA Standards and Procedures for Recognition,” effective October 4, 2021, which are

available at no cost on the council’s website at https://www.chea.org, are approved and

adopted by reference.

(2) The criteria for recognition and process for the secretary’s recognition of accrediting

agencies of the United States Department of Education, Office of Postsecondary

Education, 400 Maryland Avenue, SW, Washington, District of Columbia 20202, in 34

CFR 602.10 to 602.39, effective July 1, 2020, which are available at no cost on the

department’s website at https://www2.ed.gov/about/offices/list/ope/index.html, are

approved and adopted by reference.

(3) The procedures and standards for counsellor education programs at the master’s

level developed and adopted by the Canadian Counselling and Psychotherapy

Association’s (CCPA) Council on Accreditation of Counsellor Education Programs, 202-

245 Menten Place, Ottawa, Ontario, K2H 9E8, in the publication titled “CCPA

Accreditation Procedures and Standards for Counsellor Education Programs at the

Master’s Level,” approved May 2002, which are available at no cost on the association’s

website at https://www.ccpa-accp.ca, are approved and adopted by reference.

(4) Copies of the standards in this rule are available for inspection and distribution at a

cost of 10 cents per page from the Board of Counseling, Bureau of Professional

Licensing, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa

Street, Lansing, Michigan 48909.

R 338.1763 Accreditation standards; counselor training programs; adoption by reference.

Rule 63. (1) The standards for accrediting master’s-level counseling degree programs

and doctoral-level counseling or counselor education and supervision programs

developed and adopted by CACREP, 500 Montgomery Street, Suite 350, Alexandria,

Virginia 22314, in the publication titled “Council for Accreditation of Counseling and

Related Educational Programs (CACREP), 2016 Standards,” which are available at no

cost on the council’s website at https://www.cacrep.org, are approved and adopted by

reference.

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(2) The standards for accrediting master’s-level counseling degree programs and

doctoral-level counseling or counselor education and supervision programs developed

and adopted by CACREP, 500 Montgomery Street, Suite 350, Alexandria, Virginia

22314, in the publication titled “Council for Accreditation of Counseling and Related

Educational Programs (CACREP), 2009 Standards,” which are available at no cost on the

council’s website at https://www.cacrep.org, are approved and adopted by reference.

(3) Copies of the standards in this rule are available for inspection and distribution at a

cost of 10 cents per page from the Board of Counseling, Bureau of Professional

Licensing, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa

Street, Lansing, Michigan 48909.

R 338.1765 Counselor educational training requirements.

Rule 65. A counselor educational training program must be conducted at an accredited

higher education institution and the educational institution or accrediting institution must

satisfy 1 of the standards approved and adopted under R 338.1761. The counselor

educational training program must also satisfy 1 of the following requirements:

(a) The program holds CACREP accreditation under the standards approved and

adopted under R 338.1763(1) or (2).

(b) For a program that does not satisfy the requirements of subdivision (a) of this rule,

proof of satisfying 1 of the following requirements is required:

(i) For applicants that entered a program on or before June 30, 2023, the program must

consist of not less than 48 semester hours or 72 quarter hours in a graduate-level degree

granting program. The program must include graduate coursework and training in the

diagnosis and treatment of mental and emotional disorders and all other coursework

requirements of CACREP, including a practicum and an internship. The applicant shall

bear the expense of a program evaluation to determine whether the applicant’s

educational program and any supplemental coursework was substantially equivalent to a

program that satisfies the standards adopted under R 338.1763(1) or (2). The evaluation

must be completed by 1 of the following entities:

(A) The CCE, found at the website https://cce-global.org.

(B) A credential evaluation organization that is a current member organization of the

National Association of Credential Evaluation Services (NACES), found at the website

https://www.naces.org.

(ii) For applicants that entered a program on or after July 1, 2023, the program must

consist of not less than 60 semester hours or 90 quarter hours in a graduate-level degree

granting program. The program must include graduate coursework and training in the

diagnosis and treatment of mental and emotional disorders and all other coursework

requirements of CACREP, including a practicum and an internship. The applicant shall

bear the expense of a program evaluation to determine whether the applicant’s

educational program and any supplemental coursework was substantially equivalent to a

program that satisfies the standards adopted under R 338.1763(1) or (2). The evaluation

must be completed by 1 of the following entities:

(A) The CCE, found at the website https://cce-global.org.

(B) A credential evaluation organization that is a current member organization of

NACES, found at the website https://www.naces.org.

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PART 3. LICENSURE

R 338.1771 Training standards for identifying victims of human trafficking;

requirements.

Rule 71. (1) Under section 16148 of the code, MCL 333.16148, an individual

seeking licensure shall complete training in identifying victims of human trafficking that

satisfies the following standards:

(a) Training content must cover all the following:

(i) Understanding the types and venues of human trafficking in the United States.

(ii) Identifying victims of human trafficking in healthcare settings.

(iii) Identifying the warning signs of human trafficking in healthcare settings for adults

and minors.

(iv) Identifying resources for reporting the suspected victims of human trafficking.

(b) Acceptable providers or methods of training include any of the following:

(i) Training offered by a nationally recognized or state-recognized health-related

organization.

(ii) Training offered by, or in conjunction with, a state or federal agency.

(iii) Training obtained in an educational program that has been approved for initial

licensure or registration, or by a college or university.

(iv) Reading an article related to the identification of victims of human trafficking that

satisfies the requirements of subdivision (a) of this subrule and is published in a peer-

reviewed journal, healthcare journal, or professional or scientific journal.

(c) Acceptable modalities of training include any of the following:

(i) Teleconference or webinar.

(ii) Online presentation.

(iii) Live presentation.

(iv) Printed or electronic media.

(2) The department may select and audit a sample of individuals and request

documentation of proof of completion of training. If audited by the department, an

individual shall provide an acceptable proof of completion of training, including either of

the following:

(a) Proof of completion certificate issued by the training provider that includes the date,

provider name, name of training, and individual’s name.

(b) A self-certification statement by an individual. The certification statement must

include the individual’s name and either of the following:

(i) For training completed under subrule (1)(b)(i) to (iii) of this rule, the date, training

provider name, and name of training.

(ii) For training completed under subrule (1)(b)(iv) of this rule, the title of article,

author, publication name of peer-reviewed journal, healthcare journal, or professional or

scientific journal, and date, volume, and issue of publication, as applicable.

(3) Under section 16148 of the code, MCL 333.16148, the requirements specified in

subrule (1) of this rule apply for license renewals beginning with the 2016 renewal cycle

and for initial licenses issued after March 17, 2021.

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R 338.1772 Application requirements; limited licenses; disclosure of supervision

requirement.

Rule 72. An applicant for a limited licensed counselor license shall satisfy the

requirements of the code, the rules promulgated under the code, and all the following

requirements:

(a) Provide the required fee and a completed application on a form provided by the

department.

(b) Provide proof, as directed by the department, verifying completion of a master’s or

doctoral degree in a program that satisfies the requirements under R 338.1765.

(c) Provide a professional disclosure statement with the application for a limited license,

as required under section 18113(3) of the code, MCL 333.18113. The limited licensed

counselor’s professional disclosure statement, when provided to the client, must state that

the limited licensed counselor shall practice under the supervision of a licensed

professional counselor in this state in good standing. In addition to the requirements

under section 18113 of the code, MCL 333.18113, the disclosure statement must identify

the licensed professional counselor in this state that is supervising the limited licensed

counselor’s practice.

(d) In addition to the professional disclosure statement required under section 18113(3)

of the code, MCL 333.18113, and subrule (c) of this rule, the applicant shall provide a

separate statement to the department identifying the licensed professional counselor in

this state that is supervising the limited licensed counselor’s practice and the licensed

professional counselor’s supervising qualifications, including how the supervising

licensed professional counselor in this state satisfies the requirements in R 338.1781(1)

and (2). Any changes to the statement must be filed with the department within 30 days

after the changes are made. The requirements under this subrule are effective 90 days

after the promulgation of this revised rule.

R 338.1774 Application requirements; licensure by examination.

Rule 74. (1) An applicant for a professional counselor license shall satisfy the

requirements of the code, the rules promulgated under the code, and all the following

requirements:

(a) Provide the required fee and a completed application on a form provided by the

department.

(b) Provide proof, as directed by the department, verifying completion of a master’s or

doctoral degree in a program that satisfies the requirements under R 338.1765.

(c) Provide proof, as directed by the department, verifying the engagement in the

practice of counseling under section 18101(d) of the code, MCL 333.18101, that involved

an opportunity to work with a broad range of the population and was conducted in an

organized education, business, health, private practice, or human services setting under

the supervision of a licensed professional counselor for either of the following periods of

time, as applicable:

(i) For an applicant that has completed a master’s degree, not less than 3,000 hours

accrued in not less than a 2-year period, with not less than 100 hours of regularly

scheduled supervision accrued in the immediate physical presence of the supervisor or

via 2-way real-time audiovisual technology that allows direct, contemporaneous

interaction by sight and sound between the supervisor and the supervisee. The

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supervision begins on the issuance of the limited license and continues until the licensed

professional counselor license is issued.

(ii) For an applicant that has completed a doctoral degree, not less than 1,500 hours

accrued over not less than a 1-year period, with not less than 50 hours of regularly

scheduled supervision accrued in the immediate physical presence of the supervisor or

via 2-way real-time audiovisual technology that allows direct, contemporaneous

interaction by sight and sound between the supervisor and the supervisee. The

supervision begins on the issuance of the limited license and continues until the licensed

professional counselor license is issued.

(d) Provide proof, as directed by the department, verifying a passing score on an

examination approved and adopted under either R 338.1773(1), (2), or (3).

(e) Provide a professional disclosure statement with the application for licensure, as

required under section 18113(3) of the code, MCL 333.18113.

(2) For practice experience gained in this state, an applicant shall have held a limited

license under R 338.1772, while accruing the experience, and the limited licensed

counselor shall have practiced under the supervision of a licensed professional counselor

in this state in good standing throughout the period of supervision.

R 338.1775 Application requirements; licensure by endorsement.

Rule 75. (1) An applicant for a professional counselor license by endorsement shall

satisfy the requirements of the code, the rules promulgated under the code, and all the

following requirements:

(a) Provide the required fee and a completed application on a form provided by the

department.

(b) Provide proof, as directed by the department, verifying a current and full

professional counselor license in another state or in a province of Canada.

(c) Provide proof, as directed by the department, verifying completion of a master’s or

doctoral degree in a program that satisfies the requirements under R 338.1765.

(d) Provide proof, as directed by the department, verifying a passing score on an

examination approved and adopted under either R 338.1773(1), (2), or (3) for a

professional counselor license in another state or in a province of Canada to obtain

licensure as a professional counselor in another state or in a province of Canada.

(e) Provide a professional disclosure statement with the application for licensure, as

required under section 18113(3) of the code, MCL 333.18113.

(2) An applicant that provides proof, as directed by the department, verifying a current

and full license in good standing as a licensed professional counselor in another state for

not less than the last 5 years before the date of filing the application for a professional

counselor license by endorsement is presumed to satisfy the requirements of subrule

(1)(b), (c), and (d) of this rule.

(3) An applicant that is or has been licensed, registered, or certified in a health

profession or specialty by another state, the United States military, the federal

government, or another country shall disclose that fact on the application form. The

applicant shall satisfy the requirements of section 16174(2) of the code, MCL 333.16174,

which includes verification from the issuing entity showing that disciplinary proceedings

are not pending against the applicant and sanctions are not in force at the time of

application. If licensure is granted, and it is determined that sanctions have been

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imposed, the disciplinary subcommittee may impose appropriate sanctions under section

16174(5) of the code, MCL 333.16174.

R 338.1776 Relicensure; examination equivalency.

Rule 76. Pursuant to section 18114(2)(a)(iii) of the code, MCL 333.18114, retaking and

passing the examination under R 338.1773(3) is equivalent to retaking and passing an

examination described in section 18114(2)(a)(i) or (ii) of the code, MCL 333.18114.

R 338.1777 License renewal; requirements.

Rule 77. (1) An applicant for renewal shall satisfy the requirements of the code and the

rules promulgated under the code.

(2) An applicant for license renewal that has been licensed for the 3-year period

immediately preceding the application for renewal shall provide the required fee and a

completed application on a form provided by the department.

(3) Effective January 1, 2012, a limited license may be renewed annually, but for no

more than 10 years. Relicensure of the limited license is considered the same as renewal

for the purposes of this subrule.

(4) In cases of hardship, the department, in consultation with the board, may consider a

request for an extension of the 10-year period under subrule (3) of this rule. A maximum

of three 1-year extension requests will be considered from an individual. The department

shall receive a request for an extension for the board’s consideration not less than 30 days

before the last regularly scheduled board meeting before the expiration date of the

license. A request must include, at a minimum, the following information:

(a) A description of the hardship and how it impacted the limited licensed counselor’s

ability to fulfill the requirements for full licensure.

(b) A description of the cause for the hardship.

(c) A description of measures taken to remedy the hardship.

(d) Whether the hardship still exists.

(e) The number of supervised hours currently completed.

(f) The number of supervised hours left to complete.

(g) The names and contact information for all licensed professional counselors in this

state that have supervised the limited licensed counselor and the periods of supervision

during the time that the limited licensed counselor has held the limited license.

(h) The names, contact information, periods of employment, and nature of work

performed during the time that the limited licensed counselor has held the limited license.

(i) The dates tried and the number of attempts to pass any of the examinations under R

338.1773.

(j) Whether the limited licensed counselor made a prior hardship request and, if so, the

decision on the prior request.

PART 4. SUPERVISOR TRAINING

R 338.1781 Requirements to provide counseling supervision.

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Rule 81. (1) Before providing counseling supervision, a licensed professional counselor

shall satisfy 1 of the following requirements:

(a) Provided supervision for the first time on or before January 1, 2013, completed

training in the function of counseling supervision, and acquired not less than 3 years post-

master’s practice in counseling.

(b) Provided supervision for the first time after January 1, 2013, and before March 5,

2022, completed training in the function of counseling supervision that satisfies the

requirements of subrule (2) of this rule, and acquired not less than 3 years of post-

master’s practice in counseling.

(c) Provided supervision for the first time on or after May 5, 2022, completed training

in the function of counseling supervision that satisfies the requirements of subrule (2) of

this rule, and acquired not less than 5 years of post-master’s practice in counseling.

(d) Currently holds the Approved Clinical Supervisor (ACS) credential from the CCE.

(2) Training in the function of counseling supervision must include both of the

following requirements:

(a) Specialized training that includes 1 of the following:

(i) Two semester hours of graduate credit in training in counseling supervision.

(ii) Thirty contact hours of workshop training in counseling supervision.

(b) The specialized training specified in subdivision (a) of this subrule must include

studies in all the following topics:

(i) Roles and functions of counseling supervisors.

(ii) Models of counseling supervision.

(iii) Mental health-related professional development.

(iv) Methods and techniques in counseling supervision.

(v) Supervisory relationship issues.

(vi) Cultural issues in supervision.

(vii) Group supervision.

(viii) Legal and ethical issues in counseling supervision.

(ix) Evaluation of supervisee and the supervision process.

(3) Before the onset of supervision, a licensed professional counselor shall provide a

supervisee with a written statement that addresses the licensee’s supervising

qualifications, including how the licensee satisfies the requirements in subrules (1) and

(2) of this rule.

(4) A licensee that provides counseling supervision shall keep ongoing documentation

including, but not limited to, performance and clinical notes, for each supervisee on the

supervision being provided.