Agency Report to JCAR – Page 2

AGENCY REPORT TO THE

JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority

to promulgate the rules must complete and submit this form electronically to the Michigan Office of

Administrative Hearings and Rules (MOAHR) at MOAHR-Rules@michigan.gov .

1. Agency Information:

Agency name: Licensing and Regulatory Affairs

Division/Bureau/Office: Bureau of Professional Licensing

Name, title, phone number, and e-mail of person completing this

form:

Weston J. MacIntosh

Senior Policy Analyst

(517) 241-9269

macintoshw1@michigan.gov

Liz Arasim

Name of Departmental Regulatory Affairs Officer reviewing this

form:

2. Rule Set Information:

MOAHR assigned rule set number: 2018 – 107 LR

Title of proposed rule set: Psychology – General Rules

3. Purpose for the proposed rules and background:

The general purpose of these rules is to supply educational, licensure, and continuing education

requirements.

4. Summary of proposed rules:

R 338.2521. This rule pertains to definitions. It sets forth an explanation of specific terms used

throughout the set. Clarification of the terms used in the rule set have been made, including the

meaning of the term “extreme hardship” and what types of entities qualify as an “organized health

care setting.”

R 338.2523. This rule pertains to an English language requirement. It sets forth the requirement for

English language proficiency. Typographical revisions have been made.

R 338.2525. This rule pertains to identifying human trafficking. It sets forth the requirements for

training on human trafficking. The current rule does not clearly specify information as to when this

training must be obtained. The proposed human trafficking rule indicates the renewal cycle year

that applicants for license renewal will have to obtain the training, as well as the date after which

applicants for initial licensure will have to obtain the training. The proposed rule will supply notice

of the timelines for obtaining the required training.

R 338.2527. This rule pertains to prohibited conduct. It sets forth conduct that can result in

discipline. This rule is being rescinded because it is duplicative of statute.

R 338.2529. This rule pertains to accreditation standards. It sets forth the requirements that must be

met for accredited programs. This rule will be amended to supply updated accreditation standards

for educational programs, which are adopted by reference.

R 338.2541. This rule pertains to accreditation standards for doctoral level educational programs. It

sets forth the requirements that must be met for accredited programs. This rule will be amended to

Revised: June 21, 2019

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

supply updated accreditation standards for educational programs, which are adopted by reference. It

also adds the standards of the Psychological Clinical Science Accreditation System (PCSAS) as

another approved accrediting body.

R 338.2543. This rule pertains to the application for a doctoral level trained psychology license. It

sets forth the requirements that must be met to receive a license. The amendment to this rule sets

forth the criteria that an applicant must provide to the board, so that the board can evaluate a

postdoctoral internship.

R 338.2545. This rule pertains to examination scores for applicants. It sets forth the requirements

that must be met to receive a passing score. The acronyms for the examination developer have been

capitalized, to be consistent with other typographical changes made throughout the rules set.

R 338.2547. This rule pertains to examination eligibility. It sets forth the requirements that must be

met to sit for the examination. Grammatical changes have been made to the rule, to make it more

consistent with the rest of the rule set.

R 338.2549. This rule pertains to foreign graduates of non-accredited schools. It sets forth the

requirements that must be met to qualify for a psychology license. Citations to other applicable

rules have been updated to reflect corresponding revisions.

R 338.2551. This rule pertains to licensure by endorsement. It sets forth the requirements that must

be met to qualify for a license through endorsement. It modifies the qualification for licensure by

endorsement to require at least 10 years of licensed independent practice and the holding of a

current license in the independent practice of psychology, as opposed to simply holding a current

health service provider credential issued by the National Register of Health Service Psychologists.

R 338.2553. This rule pertains to an educational limited license for postdoctoral experience. It sets

forth the requirements that must be met to qualify for a postdoctoral educational limited license, as

well as the required setting and circumstances of the experience. It also adds criteria that must be

included by the applicant for the board to consider an alternative supervision arrangement.

R 338.2555. This rule pertains to relicensure for a postdoctoral educational limited license. It sets

forth the requirements that must be met for relicensure to be granted. It adds the requirements that

the applicant must supply fingerprints and evidence of good moral character in support of the

application for relicensure.

R 338.2561. This rule pertains to applications for limited license psychologists. It sets forth the

requirements that must be met to qualify for licensure. It adds criteria that must be included by the

applicant for the board to consider approval of a post-degree practicum, in lieu of a practicum that

was an integrated part of a master’s degree program.

R 338.2563. This rule pertains to examination scores for applicants seeking a limited license. It

sets forth the requirements that must be met to receive a passing score. The acronyms for the

examination developer have been capitalized, to be consistent with other typographical changes

made throughout the rules set.

R 338.2565. This rule pertains to examination eligibility for applicants seeking a limited license. It

sets forth the requirements that must be met to sit for the examination. Grammatical changes have

been made to the rule, to make it more consistent with the rest of the rules set.

Revised: June 21, 2019

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

R 338.2567. This rule pertains to foreign graduates of non-accredited schools seeking a limited

license. It sets forth the requirements that must be met to qualify for a psychology license.

Citations to other applicable rules have been updated, to reflect corresponding revisions.

R 338.2569. This rule pertains to applications for a temporary limited license. It sets forth the

requirements that must be met to qualify for a temporary limited license. Recent statutory changes

have been incorporated into the rule, including allowing temporary limited licenses to be issued not

only for applicants seeking to fulfill their required post-master’s degree experience, but also for

students who are currently enrolled in an eligible doctoral degree program. The rule adds

requirements related to accreditation of eligible educational programs. The post-master’s degree

experience requirements on minimum and maximum hours per week have been removed.

Amendment to the rule also adds criteria that must be included by the applicant for the board to

consider approval of an alternative supervision arrangement.

R 338.2571. This rule pertains to limited license supervision requirements. It sets forth the

requirements that must be met for proper supervision of licensees holding limited licenses. The rule

adds criteria that must be included by a licensee for the board to consider approval of an alternative

supervision arrangement.

R 338.2573. This rule pertains to relicensure for limited licenses. It sets forth the requirements that

must be met for a former limited licensee to be relicensed. It adds the requirements that the

applicant must supply fingerprints and evidence of good moral character in support of the

application for relicensure.

R 338.2581. This rule pertains to license renewals. It sets forth the requirements that must be met

for renewal of a license. It clarifies the requirement that proof of continuing education must be kept

for a minimum of 4 years from the date of applying for license renewal.

R 338.2583. This rule pertains to acceptable continuing education. It sets forth the requirements

that must be met for a continuing education program to be considered in satisfaction of continuing

education requirements. Clarification is added that there are no restrictions related to earning

continuing education credits through online means. The revised rule expands the list of providers

that are eligible for both approving or offering continuing education programs. The rule clarifies

requirements related to supplying proof of the acquired continuing education credits, includes other

means of acquiring continuing education credits, and updates citations to other applicable rules,

reflecting the corresponding revisions to the rules set.

R 338.2585. This rule pertains to approval of continuing education providers. It sets forth the

requirements that must be met for the board to consider granting approval of a continuing education

program offered by a potential provider. It sets forth the criteria that a provider must provide to the

board, so the board can consider whether the proposed continuing education program is proper.

5. List names of newspapers in which the notice of public hearing was published and publication

dates (attach copies of affidavits from each newspaper as proof of publication).

The Grand Rapids Press, April 4, 2019

The Mining Journal, March 18, 2019

The Flint Journal, April 4, 2019

6. Date of publication of rules and notice of public hearing in Michigan Register:

Issue No. 5 – 2019 (Published April 1, 2019)

Revised: June 21, 2019

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

7. Time, date, location, and duration of public hearing:

1:00 p.m., April 22, 2019, G. Mennen Williams Building Auditorium, 525 W. Ottawa Street,

Lansing, Michigan. The hearing lasted for 45 minutes.

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://dtmb.state.mi.us/ORRDocs/RIS/1886_2018-107LR_ris.pdf

9. List of the name and title of agency representative(s) attending public hearing:

Weston MacIntosh, Dena Marks, and Rick Roselle, Department Analysts for the Bureau of

Professional Licensing.

10. Persons submitting comments of support:

Frances Brown, PsyD, Michigan School of Psychology; Lauren Levinson; Jason Moser, PhD,

Michigan State University.

11. Persons submitting comments of opposition:

Dennis Kayes, JD

Eric Ozkan, PhD

Revised: June 21, 2019

MCL 24.242 and 24.245

Michigan Office of Administrative Hearings and Rules

611 West Ottawa Street; 2nd Floor, Ottawa Building

Lansing, MI 48933

Phone: (517) 335-8658 FAX: (517) 335-9512

12. Identify any changes made to the proposed rules based on comments received during the public comment period:

Name & Organization

Comments Made at

Public Hearing

Written Comments

Agency Rationale

for Change

Rule Number &

Citation

Changed

1. Frances Brown, PsyD,

Michigan School of

Psychology

The commenter requested

that the rule language of R

338.2561(1)(b)(iv) be

The commenter requested

that the rule language at R

338.2561(1)(b)(iv) be

Because academic

semesters do not

coincide with the

beginning and end

R 338.2561(1)(b)(iv)

changed to require the

applicant to meet in person

with his or her supervisor

applicant to meet in person of the month, the

with his or her supervisor requirement of a

for a minimum of 2 hours a for a minimum of 2 hours a minimum of 2

week during the practicum, week during the practicum, hours a week

rather than 8 hours a month rather than 8 hours a month during the

during the practicum, as

practicum, rather

academic semesters do not

academic semesters do not than 8 hours a

coincide with the beginning coincide with the

and end of the month. beginning and end of the

month during the

practicum, makes

more sense.

month.

2. Lauren Levinson

The commenter requested

an update to the

examination part of the

rule, R 338.2561(1)(d), to

reflect recent language

changes to MCL

The language

R 338.2561(1)(d)

added to MCL

333.18223(2) by

2018 PA 24 made

this language void.

333.18223(2) by 2018 PA

24.

Revised: June 21, 2019

MCL 24.242 and 24.245