View the complete text of Act 40

ACT NO. 40

Professions and Occupations; Miscellaneous Provisions

This act makes adjustments to various practice and title acts of professions attached to the Office of Professional Regulation within the Secretary of State’s office. In some cases, these adjustments are unique to a single profession. In other cases, these adjustments are intended to provide greater efficiency in the regulation of professions generally and, therefore, apply more broadly. Among other things, this act: standardizes terms of office for board members (4 years) and limits the number of consecutive terms a member may serve; replaces special panels with anadministrative law officer system for purposes of making quasi-judicial decisions for professions regulated by the director and advisor appointees; and adopts a standardized list of acts that constitute unprofessional conduct which supplement unprofessional conduct provisions included in individual practice or title acts. The act also expands the general powers of boards and the director.

The act also makes substantive amendments to various practice acts. The barber and cosmetologist practice acts were revised and these professions were merged under a new board of barbers and cosmetologists. The physical therapists chapter was amended to permit unlicensed assistive personnel to practice under the supervision of a licensed physical therapist, who will be professionally and legally responsible for care given by such personnel. Finally, a new board of allied mental health practitioners was created with jurisdiction over the practice of clinical mental health counseling, marriage and family therapy, and psychotherapy by unlicensed and uncertified practitioners.

Effective Date: July 1, 1997