2005 Legislation
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HOUSE BILL NO. 45 – Counselors, marriage/family therapy

HOUSE BILL NO. 45

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Bill Status



H0045.................................................by HEALTH AND WELFARE
COUNSELORS - MARRIAGE AND FAMILY THERAPISTS - Amends and repeals existing
law relating to counselors and marriage and family therapists to repeal
provisions applicable to conditional licenses; to remove provisions for
licensure based upon certain education and experience requirements; to
provide for an administrative fee; and to increase the maximum annual
renewal fee.
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Health/Wel
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 67-3-0
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie(Telleria), Snodgrass,
      Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Crow, McKague, Wood
      Absent and excused -- None
    Floor Sponsor - Rusche
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Health/Wel
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk
      NAYS -- None
      Absent and excused -- Noble, Pearce, Williams
    Floor Sponsor - McGee
    Title apvd - to House
03/08    To enrol
03/09    Rpt enrol - Sp signed
03/10    Pres signed
03/11    To Governor
03/15    Governor signed
         Session Law Chapter 46
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 45
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COUNSELORS AND MARRIAGE AND FAMILY  THERAPISTS;  AMENDING  SECTION
  3        54-3405,  IDAHO  CODE,  TO  REMOVE  A  REFERENCE  TO CONDITIONAL LICENSES;
  4        REPEALING  SECTION  54-3405B,  IDAHO  CODE,  APPLICABLE   TO   CONDITIONAL
  5        LICENSES; AMENDING SECTION 54-3405C, IDAHO CODE, TO REMOVE PROVISIONS PRO-
  6        VIDING  FOR LICENSURE BASED UPON CERTAIN EDUCATION AND EXPERIENCE REQUIRE-
  7        MENTS AND TO REMOVE A REFERENCE TO CONDITIONAL LICENSES; AMENDING  SECTION
  8        54-3408,  IDAHO  CODE,  TO REMOVE A REFERENCE TO CONDITIONAL LICENSES; AND
  9        AMENDING SECTION 54-3411, IDAHO CODE, TO PROVIDE FOR AN ADMINISTRATIVE FEE
 10        AND TO INCREASE THE MAXIMUM ANNUAL RENEWAL FEE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 54-3405, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        54-3405.  QUALIFICATIONS  FOR  LICENSURE. Licensure as a "licensed profes-
 15    sional counselor" shall be restricted to persons of good moral  character  who
 16    have successfully completed each of the following requirements:
 17        (1)  A planned graduate program of sixty (60) semester hours which is pri-
 18    marily  counseling in nature, six (6) semester hours of which are earned in an
 19    advanced counseling practicum, and including a graduate degree in a counseling
 20    field from an accredited university or college offering a graduate program  in
 21    counseling.
 22        (2)  An examination if required by the board's rules.
 23        (3)  One  thousand  (1,000)  hours  of supervised experience in counseling
 24    acceptable to the board.
 25        (4)  A license or conditional license will not be  allowed  an  individual
 26    whose  license, certification or registration has been revoked or suspended in
 27    this or any other state and in this or any other related field. Such an  indi-
 28    vidual  may not be licensed under this chapter unless the period of revocation
 29    or suspension has been completed and the  board  has  conducted  a  competency
 30    review  and  determined  that  an acceptable degree of rehabilitation has been
 31    accomplished.
                                                                        
 32        SECTION 2.  That Section 54-3405B, Idaho Code, be, and the same is  hereby
 33    repealed.
                                                                        
 34        SECTION  3.  That Section 54-3405C, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        54-3405C.  QUALIFICATIONS FOR LICENSURE. Licensure as a "marriage and fam-
 37    ily therapist" shall be restricted to persons who have successfully  completed
 38    each of the following requirements:
 39        (1)  A  graduate  degree  which  consists  of at least sixty (60) semester
 40    hours or ninety (90) quarter credits in marriage and  family  therapy  from  a
                                                                        
                                           2
                                                                        
  1    program  accredited by the commission on accreditation for marriage and family
  2    therapy education, or a marriage and  family  counseling  or  therapy  program
  3    which is accredited by the council for accreditation of counseling and related
  4    educational programs, or a graduate degree from a regionally accredited educa-
  5    tional institution and an equivalent course of study as approved by the board.
  6    The  course  of  study    for  any  graduate degree shall include a minimum of
  7    thirty-nine (39) semester credits in the following areas:
  8        (a)  Marriage and family studies --  nine  (9)  semester  credit  minimum.
  9        Studies in this area shall include:
 10             (i)   Theoretical foundations, history, philosophy, etiology and con-
 11             temporary  conceptual  directions  of  marriage and family therapy or
 12             marriage and family counseling;
 13             (ii)  Family systems theories and other relevant theories  and  their
 14             application  in  working  with  a  wide variety of family structures,
 15             including families in transition, nontraditional families and blended
 16             families, and a diverse range of presenting issues; and
 17             (iii) Preventive approaches, including premarital counseling,  parent
 18             skill  training  and  relationship enhancement, for working with cou-
 19             ples, families, individuals, subsystems and other systems.
 20        (b)  Marriage and family therapy --  nine  (9)  semester  credit  minimum.
 21        Studies in this area shall include:
 22             (i)   The  practice of marriage and family therapy related to theory,
 23             and a comprehensive survey and substantive understanding of the major
 24             models of marriage and family therapy or marriage and family counsel-
 25             ing; and
 26             (ii)  Interviewing and assessment skills for  working  with  couples,
 27             families,  individuals,  subsystems  and other systems, and skills in
 28             the appropriate implementation of systematic interventions  across  a
 29             variety  of presenting clinical issues including, but not limited to,
 30             socioeconomic disadvantage, abuse and addiction.
 31        (c)  Human development -- nine (9) semester  credit  minimum.  Studies  in
 32        this area shall include:
 33             (i)   Individual development and transitions across the life span;
 34             (ii)  Family,  marital  and  couple life cycle development and family
 35             relationships, family of  origin  and  intergenerational  influences,
 36             cultural influences, ethnicity, race, socioeconomic status, religious
 37             beliefs,  gender,  sexual  orientation,  social and equity issues and
 38             disability;
 39             (iii) Human sexual development, function and dysfunction, impacts  on
 40             individuals,  couples  and  families, and strategies for intervention
 41             and resolution; and
 42             (iv)  Issues of violence, abuse and substance  use  in  a  relational
 43             context, and strategies for intervention and resolution.
 44        (d)  Psychological and mental health competency -- six (6) semester credit
 45        minimum. Studies in this area shall include:
 46             (i)   Psychopathology, including etiology, assessment, evaluation and
 47             treatment of mental disorders, use of the current diagnostic and sta-
 48             tistical  manual  of  mental  disorders,  differential  diagnosis and
 49             multiaxial diagnosis;
 50             (ii)  Standard  mental  health  diagnostic  assessment  methods   and
 51             instruments, including standardized tests; and
 52             (iii) Psychotropic  medications and the role of referral to and coop-
 53             eration with other mental health practitioners in treatment planning,
 54             and case management skills for working with individuals, couples  and
 55             families.
                                                                        
                                           3
                                                                        
  1        (e)  Professional  ethics  and identity -- three (3) semester credit mini-
  2        mum. Studies in this area shall include:
  3             (i)   Professional identity,  including  professional  socialization,
  4             professional organizations, training standards, credentialing bodies,
  5             licensure,  certification,  practice  settings and collaboration with
  6             other disciplines;
  7             (ii)  Ethical and legal issues related to the  practice  of  marriage
  8             and  family  therapy,  legal  responsibilities of marriage and family
  9             therapy and marriage and family  counseling  practice  and  research,
 10             business aspects, reimbursement, recordkeeping, family law, confiden-
 11             tiality  issues  and the relevant codes of ethics, including the code
 12             of ethics specified by the board; and
 13             (iii) The interface between therapist responsibility and the  profes-
 14             sional, social and political context of treatment.
 15        (f)  Research  --  three (3) semester credit minimum. Studies in this area
 16        shall include:
 17             (i)   Research in marriage and family therapy or marriage and  family
 18             counseling  and its application to working with couples and families;
 19             and
 20             (ii)  Research methodology,  quantitative  and  qualitative  methods,
 21             statistics,  data  analysis,  ethics and legal considerations of con-
 22             ducting research, and evaluation of research.
 23        (2)  Completion of a one (1) year practicum  of  supervised  marriage  and
 24    family  therapy  experience,  consisting  of  a minimum of three hundred (300)
 25    direct client contact hours, of which one hundred fifty (150) hours  shall  be
 26    with couples or families, as part of the graduate program.
 27        (3)  Supervised  experience  in marriage and family therapy of three thou-
 28    sand (3,000) hours, acceptable to the board as defined by rule. A  minimum  of
 29    two  hundred (200) hours of supervision of the postgraduate experience. Super-
 30    vision may be provided by a clinical member of the  American  association  for
 31    marriage  and  family therapy, by a licensed marriage and family therapist, or
 32    another qualified licensed professional as determined by the board who  has  a
 33    minimum  of  five  (5) years experience providing marriage and family therapy,
 34    including: a licensed professional counselor, private practice;  psychologist;
 35    certified social worker, private and independent practice; or psychiatrist.
 36        (4)  Successful  completion  of  a  written examination as approved by the
 37    board and defined by rule.
 38        (5)  From the effective date of this section until June 30, 2003, any per-
 39    son who meets the  educational  qualifications  for  an  appropriate  graduate
 40    degree, as defined by the board, from an accredited educational institution so
 41    recognized  at  the  time  of granting such degree, and who demonstrates three
 42    thousand (3,000) hours of postgraduate experience providing marriage and  fam-
 43    ily  therapy may upon application, finding of fitness, and payment of fees, be
 44    issued a marriage and family therapist license. In determining if  the  educa-
 45    tion  and  experience  qualifications  have been met, the board may consider a
 46    current clinical membership in the American association of marriage and family
 47    therapy or the national association of certified family therapy, or membership
 48    in or certification  by  another  appropriate  professional  organization,  as
 49    defined  by  the  board, to be sufficient demonstration of the qualifications,
 50    and may issue a marriage and family therapy license.
 51        (6)  A license or conditional license will not be  allowed  an  individual
 52    whose  license, certification or registration has been revoked or suspended in
 53    this or any other state and in this or any other related field. Such an  indi-
 54    vidual  may not be licensed under this chapter unless the period of revocation
 55    or suspension has been completed and the  board  has  conducted  a  competency
                                                                        
                                           4
                                                                        
  1    review  and  determined  that  an acceptable degree of rehabilitation has been
  2    accomplished.
                                                                        
  3        SECTION 4.  That Section 54-3408, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        54-3408.  CERTAIN  ACTS  PROHIBITED.  The following acts shall be unlawful
  6    and punishable as a misdemeanor:
  7        (1)  The violation of any of the provisions of this chapter and any  rules
  8    promulgated pursuant thereto;
  9        (2)  A  person representing himself to be a licensed counselor or licensed
 10    professional counselor or licensed marriage and family therapist without  hav-
 11    ing first complied with the provisions of this chapter;
 12        (3)  A  person  who shall practice or attempt to offer to practice profes-
 13    sional  counseling or marriage and family therapy, as defined in this chapter,
 14    without having at the time of so doing,  a  valid,  unexpired,  unrevoked  and
 15    unsuspended  license  or  conditional license issued under this chapter or the
 16    laws of Idaho or any other state governing mental health professionals.
                                                                        
 17        SECTION 5.  That Section 54-3411, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        54-3411.  FEES  ON LICENSURE. The board shall establish fees for licensure
 20    under the provisions of this chapter as follows:
 21        (1)  The fee for applications not to exceed one hundred dollars ($100).
 22        (2)  The fee for examination, when required, equal to that charged by  the
 23    national examining entity plus an administration fee not to exceed twenty-five
 24    dollars ($25.00).
 25        (3)  The fee for endorsement not to exceed one hundred dollars ($100).
 26        (4)  The  fee  for  the original license not to exceed one hundred dollars
 27    ($100).
 28        (5)  The fee for annual renewal not to exceed sixty  one  hundred  dollars
 29    ($60.100).
 30        (6)  The  fee  for  the  original  registration  of  interns not to exceed
 31    twenty-five dollars ($25.00).
 32        (7)  Fees under subsection (2) or (3) of this section shall be in addition
 33    to the application fee.
 34        (8)  All fees paid pursuant to this section shall be nonrefundable.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 14418

Amends section 54-3405 and 54-3405B, and 54-3405C Idaho Code, to
Delete provisions for conditional permits which are no longer
allowed.  Amends section 54-3405C (5) to delete a grandfathering
period that has expired.  Amends section 54-3411 to allow an
examination administration fee of $25.00 and increase the cap for
annual renewal fees from $60.00 to $100.00. 


                           FISCAL NOTE

There would be a positive impact on dedicated funds. The addition
of the administration fee will add approximately $2,000.00 of
revenue. The request to increase the cap would allow the Board to
promulgate rules in the future if fiscally warranted.



CONTACT   
Name:     Cherie Simpson
Agency:   Occupational License, Bureau
Phone:    334-3233

Statement of Purpose/Fiscal Note                    H 45