New rule could leave tens of thousands in Michigan without their mental-health counselor – MLive.com

Posted: Published on September 27th, 2019

This post was added by Alex Diaz-Granados

An estimated 10,000 licensed professional counselors in Michigan could lose their ability to see patients and provide mental-health services in a clinical setting if the Michigan Department of Licensing and Regulatory Affairs adopts new wording to clarify the scope of practice for LPCs.

Licensed professional counselors, who have at least a masters degree, serve about 150,000 patients in the state, said James Blundo, executive director of the Michigan Mental Health Counselors Association. They are about 30% of the counselors who work for Michigans community mental health agencies, working alongside psychologists and clinical social workers, he said.

If the new wording is adopted, licensed professional counselors would not be allowed to diagnose patients or use psychotherapy techniques to treat them. To do so would jeopardize their license; moreover, they would no longer qualify for insurance reimbursement.

Counselors could still do such work as case management or other types of work, but Blundo said many patients would be cut off from their counselors.

Were not trying to increase the scope of practice for licensed professional counselors, Blundo said. But we dont want to see the scope reduced.

The situation is especially fraught because the state is experiencing a surge in demand for mental-health services and a shortage of counselors to serve them.

But LARA officials say their hands are tied, and its their responsibility enforce state regulations implemented in 1989.

The current and new rules do not allow licensees to diagnose and use psychotherapy techniques because the statute does not allow this practice under the professions scope, LARA said in a statement to MLive.

In short, LARA officials maintain the 1989 statute never allowed LPCs to diagnose and use psychotherapy techniques to treat patients, but unclear wording meant counselors have been practicing for years in violation of those rules.

And for years, LARA has threatened a crackdown, barring legislative action to update the regulations and resolve the issue.

During last years lame-duck session, the state House passed a bill to update the regulation of licensed professional counselors, but it failed after the Senate tacked on some additional provisions. House Bill 4325 -- a reboot of the bill that failed last year -- is currently pending, but with the issue still unresolved, LARA officials say theyre done waiting.

The agency has scheduled an Oct. 4 public hearing on its proposed update to the regulations.

Meanwhile, HB 4325 was approved last week by the Houses health policy committee and has been referred to the Ways and Means Committee.

State Rep. Aaron Miller, R-Sturgis, who sponsored HB 4325, said hes optimistic the legislation will pass the House, although hes not sure what will happen in the Senate.

They might stonewall it. They could pass it out, he said. It could be easier than we think.

But it does seem there is a genuine concern" about what could happen if LARA adopts new wording before a bill is passed. he said.

Miller noted there is a growing need for mental-health counselors, and if the state sidelines some of those counselors, "thats a big problem.

This is a common-sense bill, he said.

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New rule could leave tens of thousands in Michigan without their mental-health counselor - MLive.com

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