Michigan Board of Counseling

by Dr. Sara Sue Schaeffer

            It is important that all Licensed Professional Counselors be aware of the Michigan Board of Counseling and its role since this board makes rules and decisions that impact the practice of counseling in our state. The Michigan Board of Counseling is created under Part 181 (Counseling) of the Michigan Public Health Code. Section 333.18103 stipulates that the board shall consist of 11 voting members: 6 of these shall be engaged in the practice of  counseling, and of these 3 shall be engaged in providing counseling services to clients, 2 shall be involved in teaching, training or research in counseling, and 1 shall be engaged primarily in the administration of counseling services. Four shall be members of the general public, and one member shall be from another statutorily regulated mental health profession (a psychiatrist, psychologist, substance abuse counselor, marriage and family therapist, or social worker.)

            Part 161 of the Public Health Code specifies that the Governor appoints members of the Board of Counseling with the advice and consent of the Senate. Thus the process of being appointed to the board is somewhat political in nature. Prospective board members who are successful in being appointed are usually those with strong recommendations from their local politicians or those who have been involved in the campaign process. Section 333.16121 (3) instructs that “the governor shall seek nominations from a wide variety of sources including professional organizations, labor unions, health planning agencies, and other community health organizations when making appointments under this article.” An attempt is also made to balance the board by geography, gender and ethnicity. Historically, MCA has been very involved in recommending and supporting candidates for the Michigan Board of Counseling. The above- referenced section also provides procedures for the filling of vacancies and removal and suspension of board members.

            The term of a board member is 4 years, and a member may not serve for more than 2 terms and one partial term, consecutive or otherwise. The terms for members of the Board of Counseling begin and end on June 30 as prescribed in Section 333.16131. The Public Health Code specifies that board members shall be at least 18 years of age, of good moral character, a resident of the State of Michigan for at least 6 months prior to appointment and throughout their term, and professionals on the board must be currently licensed in Michigan to practice counseling and must have practiced counseling or taught in an educational institution which prepared students to be licensed professional counselors, or a combination of both, in any state for not less that 2 years immediately preceding their appointment to the board.

            The board must meet at least quarterly, and may meet more often if necessary. The Public Health Code provides that a majority of members appointed and serving constitute a quorum and that members may not vote by proxy. All Board of counseling meetings must be conducted in accordance with the open meetings act. The Board of Counseling elects a chairperson and vice-chairperson annually at the first meeting to be held after June 30. The Code stipulates that the chairperson presides at meetings, and if unable to preside or absent, the vice-chairperson presides.

            The Public Health Code stipulates that the Board of Counseling shall grant licenses to applicants who meet the requirements of the general provisions of the Code, Part 181 (Counseling), and the administrative rules promulgated by the board. The board is given the authority to promulgate rules “to specify requirements for licenses, registrations, renewals, examinations, and required passing scores,” as well as to establish standards for education and training and to accredit training programs.

            The board is also given the authority to make an independent inquiry into any disciplinary actions taken against an applicant, and the Code stipulates that if sanctions have been imposed against an applicant and are in force at the time of application, the board shall not grant a license.

            The board also deals with disciplinary matters. The board is required by the Code to establish one or more disciplinary subcommittees to deal with licensees who are found in violation of the Code. A disciplinary subcommittee shall consist of 2 public and 3 professional members of the board who are appointed to serve by the chair. The chair may not serve as a member of a disciplinary subcommittee. The board chair also appoints the chair of the disciplinary subcommittee, and that individual must be one of the public members. When a disciplinary subcommittee votes that a violation has been committed, that vote must include a majority of the members appointed and serving on the subcommittee. When the disciplinary subcommittee votes to impose sanctions, that must be by a majority vote also, but the majority in that case must also include an affirmative vote by at least 1 public member.

            The department investigates complaints and turns its findings over to the disciplinary subcommittee. The subcommittee then determines whether a violation has occurred under Section 333.16221 of the Public Health Code. If a disciplinary subcommittee finds that a violation does exist, it is empowered to impose sanctions. Such sanctions may include: the imposition of a fine; requiring the licensee to complete an educational or training program, a treatment program, and/or a mental , physical or professional competence examination; or the suspension or revocation of the license.

            Because it is the Michigan Board of Counseling that administers the law governing Licensed Professional Counselors in our state, MCA serves its members by monitoring the actions of the board, communicating the concerns of its members to the board, making sure that MCA members continue to serve on the board, and keeping its membership informed of board actions and policies that affect them.