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S1419aa,aaH...........................................by HEALTH AND WELFARE
PROFESSIONAL COUNSELORS - Adds to and amends existing law to clarify
application of licensure requirements for professional counselors, to
delineate prohibited acts and to provide a procedure for conditional
licensure.
02/09 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
02/23 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 28-2-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Frasure, Geddes, Hawkins, Ipsen,
Keough, King, Lee, McLaughlin, Parry, Richardson, Risch, Sandy,
Schroeder, Stennett, Sweeney, Thorne, Twiggs, Wheeler
NAYS--Ingram, Noh
Absent and excused--Dunklin, Hansen, Riggs, Sorensen, Whitworth
Floor Sponsors - Ipsen, Richardson
Title apvd - to House
03/10 House intro - 1st rdg as amen - to Health/Wel
03/17 Rpt out - to Gen Ord
03/18 Rpt out amen - to 1st rdg as amen
03/19 1st rdg - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/20 Rls susp - PASSED - 54-14-2
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Campbell, Chase, Clark, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hansen,
Henbest, Hornbeck, Jaquet, Jones(9), Jones(20), Judd, Kellogg,
Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Loertscher,
Marley, McKague, Meyer, Miller, Pomeroy, Richman, Ridinger, Robison,
Stevenson, Stoicheff, Stubbs, Tilman, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Alltus, Callister, Crane, Crow, Gould, Mader, Mortensen,
Newcomb, Pischner, Reynolds, Sali, Schaefer, Stone, Tippets
Absent and excused -- Jones(22), Taylor
Floor Sponsors - Loertscher, Henbest
Title apvd - to Senate
03/20 Senate received - to 10th Ord
Senate concurred in House amens - to engros
03/20 Rpt engros - rls susp - PASSED - 27-2-6
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Dunklin, Geddes, Ingram, Ipsen, Keough, King, Lee, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen,
Stennett, Sweeney, Thorne, Wheeler, Whitworth
NAYS--Deide, Hawkins
Absent and excused--Branch, Darrington, Frasure, Hansen, McLaughlin,
Twiggs
Floor Sponsors - Ipsen, Richardson
Title apvd - to enrol
03/20 Rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/27 Governor signed
Session Law Chapter 413
Effective: 07/01/98
S1419|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1419, As Amended, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO LICENSED PROFESSIONAL COUNSELORS; AMENDING CHAPTER 34, TITLE 54, 3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-3400, IDAHO CODE, TO PRO- 4 VIDE A STATEMENT OF LEGISLATIVE INTENT; AMENDING SECTION 54-3401, IDAHO 5 CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 54-3402, IDAHO CODE, TO 6 CLARIFY REQUIREMENTS FOR LICENSURE AND TO SPECIFY EXEMPTIONS; AMENDING 7 CHAPTER 34, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 8 54-3405B, IDAHO CODE, TO PROVIDE FOR CONDITIONAL LICENSURE; AMENDING SEC- 9 TION 54-3408, IDAHO CODE, TO SPECIFY ADDITIONAL PROHIBITED ACTS; AMENDING 10 CHAPTER 34, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 11 54-3410A, IDAHO CODE, TO SPECIFY CONDITIONS GOVERNING CONFIDENTIAL COMMU- 12 NICATIONS; AND AMENDING CHAPTER 34, TITLE 54, IDAHO CODE, BY THE ADDITION 13 OF A NEW SECTION 54-3410B, IDAHO CODE, TO REQUIRE INFORMATION DISCLOSURE 14 TO CLIENTS. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Chapter 34, Title 54, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 54-3400, Idaho Code, and to read as follows: 19 54-3400. LEGISLATIVE FINDINGS. The practice of counseling in the state of 20 Idaho is hereby declared to affect the public health, safety and welfare, and 21 to be subject to regulation and control in the public interest to protect the 22 public from the unprofessional, improper, unauthorized and unqualified prac- 23 tice of counseling, and from unprofessional conduct by persons licensed to 24 practice counseling. This chapter should be construed liberally to carry out 25 these objectives and purposes. 26 SECTION 2. That Section 54-3401, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-3401. DEFINITIONS. As used in this chapter: 29 (1)"Licensed professional counselor" means any person who holds30himself/herself out to the public by any title or description of services31incorporating the words "licensed professional counselor" or "licensed coun-32selor."33(2)"Board" means the Idaho state counselor licensing board. 34 (2) "Bureau chief" means the chief of the bureau of occupational 35 licenses of the state of Idaho. 36 (3) "Department" means the department of self-governing agencies of the 37 state of Idaho. 38 (4)"Bureau chief" means the chief of the bureau of occupational39licenses of the state of Idaho"Licensed professional counselor" 40 means any person licensed under this chapter to practice professional counsel- 41 ing as defined in this chapter . 2 1 (5) "Practice of professional counseling" means the application of 2 mental health, psychological, and human development principles in order to 3 facilitate human development and adjustment throughout the life span; prevent, 4 assess, and treat mental, emotional or behavioral disorders and associated 5 distresses which interfere with mental health; conduct assessments for the 6 purpose of establishing treatment goals and objectives; and plan, implement 7 and evaluate treatment plans using counseling treatment interventions. 8 "Counseling treatment interventions" means the application of cognitive, 9 affective, behavioral, and systemic counseling strategies, which include prin- 10 ciples of development, wellness and pathology that reflect a pluralistic soci- 11 ety. Such interventions are specifically implemented in the context of a pro- 12 fessional counseling relationship. 13 The practice of professional counseling includes, but is not limited to: 14 (a) Individual, group, marriage and family counseling and therapy; 15 (b) Assessment; 16 (c) Crisis intervention; 17 (d) Treatment of persons with mental and emotional disorders; 18 (e) Guidance and consulting to facilitate normal growth and development, 19 including educational and career development; 20 (f) Utilization of functional assessment and counseling for persons 21 requesting assistance in adjustment to a disability or handicapping condi- 22 tion; 23 (g) Consulting; 24 (h) Research; and 25 (i) Referral. 26 The use of specific methods, techniques, or modalities within the practice 27 of professional counseling is restricted to professional counselors appropri- 28 ately trained in the use of such methods, techniques or modalities. 29 SECTION 3. That Section 54-3402, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 54-3402. LICENSE REQUIRED -- EXEMPTIONS. It shall be unlawful for any 32 person torepresent himself/herself to be a licensed professional coun-33selor or licensed counselor unless he/she shall first obtain a license pursu-34ant to this chapterengage in any of the following acts: 35 (1) To practice professional counseling for compensation without first 36 having complied with the provisions of this chapter and without a valid 37 license as required by this chapter. 38 (2) To represent himself/herself to be a licensed professional counselor 39 or licensed counselor unless he/she shall first obtain a license pursuant to 40 this chapter. 41 (3) To make use of any title, words, letters or abbreviations which may 42 reasonably be confused with a designation provided by this chapter. 43 (4) To materially refuse to furnish the board information or records 44 required or requested pursuant to this chapter or pursuant to an investigation 45 commenced pursuant to this chapter . 46 Nothing in this chapter, however,shall be construed to47limit or prevent the practice of an individual's profession or to restrict a48person from doing counseling provided that the person or individual does not49hold himself/herself out to the public by title or description as being a50licensed counselor or a licensed professional counselor.51Nothing in this chapter shall be construed to authorize a licensed profes-52sional counselor to perform those specific functions and duties specifically53delegated by law to those persons licensed as physiciansapply to 3 1 the activities and services of licensed or credentialed members of other pro- 2 fessions, such as physicians, psychologists, registered nurses, social work- 3 ers, drug and alcohol counselors, or attorneys performing duties consistent 4 with the laws of this state, their training, and any code of ethics of their 5 professions, provided they do not represent themselves by any title or prac- 6 tice description in the manner prescribed in section 54-3401, Idaho Code. 7 8 Nothing in this chapter shall be construed to apply to the activi- 9 ties, services and use of an official title on the part of a person certified 10 by the state to render counseling or counseling-related services, provided 11 such persons are performing these activities within the scope of their employ- 12 ment, including school and vocational counselors. 13 Nothing in this chapter shall be construed to apply to the activities and 14 services of a student, intern or trainee pursuing a course of study in coun- 15 seling in a regionally accredited institution of higher education or training 16 institution, if these activities are performed under supervision and consti- 17 tute a part of the supervised course of study provided, that such person be 18 designated, for example, a "counselor intern." 19 Nothing in this chapter shall be construed to apply to a nonresident whose 20 counseling activities and services are rendered not more than ten (10) days 21 during any calendar year, provided that such a person is duly authorized to 22 perform such activities and services under the laws of the state or country of 23 that person's residence. 24 Nothing in this chapter shall be construed to apply to the activities and 25 services of any religious denomination or sect or faith-based counseling of 26 any kind. 27 Nothing in this chapter shall be construed to apply to the activities and 28 descriptions of persons offering volunteer or professional services for public 29 and private nonprofit organizations or agencies for whom the services are ren- 30 dered . 31 SECTION 4. That Chapter 34, Title 54, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION , to be 33 known and designated as Section 54-3405B, Idaho Code, and to read as follows: 34 54-3405B. CONDITIONAL LICENSE. Any individual who engages in the practice 35 of counseling as described in this chapter and who can demonstrate an estab- 36 lished practice of three (3) or more years may make application for a condi- 37 tional counseling license provided they do not violate the prohibitions of 38 section 54-3408, Idaho Code. The applicant shall have until the year 2002 to 39 complete the requirements of a licensed professional counselor. The applica- 40 tion shall be on a form prescribed by the board and shall be accompanied by a 41 fee to be determined by the board by rule. An applicant for a conditional 42 license shall: 43 (1) Possess a bachelor's degree in a counseling field from an accredited 44 university or college offering an undergraduate program in counseling; and 45 (2) Follow the ethical standards of a licensed professional counselor. 46 A renewal fee to be determined by the board by rule shall be required annu- 47 ally. 48 SECTION 5. That Section 54-3408, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 54-3408. CERTAIN ACTS PROHIBITED. The following acts shall be unlawful 51 and punishable as a misdemeanor: 4 1 (1) The violation of any of the provisions of this chapter and any2regulationsrules promulgated pursuant thereto; 3 (2) A person representing himself to be a licensed counselor or licensed 4 professional counselor without having first complied with the provisions of 5 this chapter ; 6 (3) A person who shall practice or attempt to offer to practice profes- 7 sional counseling, as defined in this chapter, without having at the time of 8 so doing, a valid, unexpired, unrevoked and unsuspended license or conditional 9 license issued under this chapter or the laws of Idaho or any other state gov- 10 erning mental health professionals; 11 (4) A license or conditional license will not be allowed an individual 12 whose license, certification, or registration has been revoked or suspended in 13 this or any other state and in this or any other related field. Such an indi- 14 vidual may not be licensed under this chapter unless the period of revocation 15 or suspension has been completed and the board has conducted a competency 16 review and determined that an acceptable degree of rehabilitation has been 17 accomplished . 18 SECTION 6. That Chapter 34, Title 54, Idaho Code, be, and the same is 19 hereby amended by the addition thereto of a NEW SECTION , to be 20 known and designated as Section 54-3410A, Idaho Code, and to read as follows: 21 54-3410A. CONFIDENTIAL COMMUNICATION. Confidentiality of communication 22 between licensed counselor and client shall be privileged from disclosure as 23 provided in section 9-203, Idaho Code, with the exception of the board of 24 review provided in section 54-3404, Idaho Code. 25 SECTION 7. That Chapter 34, Title 54, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW SECTION , to be 27 known and designated as Section 54-3410B, Idaho Code, and to read as follows: 28 54-3410B. INFORMATION DISCLOSURE TO CLIENTS. Persons licensed under this 29 chapter shall provide clients at the beginning of treatment with accurate dis- 30 closure information concerning their practice, including the right of clients 31 to refuse treatment, the responsibility of clients for choosing the provider 32 and treatment modality, and the extent of confidentiality. The disclosure 33 information provided by the counselor, the receipt of which shall be acknowl- 34 edged in writing by the counselor and client, shall include any relevant edu- 35 cation and training, the therapeutic orientation of the practice, modalities 36 or treatment utilized, and all financial requirements. The disclosure informa- 37 tion shall include a statement that licensure of an individual under this 38 chapter does not imply endorsement by the counselor licensing board nor effec- 39 tiveness of treatment.
STATEMENT OF PURPOSE
RS 07720C2
The purpose of this legislation is to provide safeguards for the
public against unqualified providers practicing professional
counseling without a license by changing the Idaho Counselor
Licensing Law from a title act to a practice act. This legislation
would prevent all mental health practitioners, i.e. psychologists,
social workers, and counselors, who have lost their license for
misconduct or those who have not obtained a minimum standard of
competence from practicing as a counselor.
FISCAL NOTE
There would be no impact to the General Fund.
CONTACT: Senator Grant R. Ipsen 332-1330
Senator Mel Richardson 332-1308
Representative JoAn E. Wood 332-1000
Barry Watt 378-0014
Jane Dignan 344-0094
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No S 1419