1998 Legislation
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SENATE BILL NO. 1419, As Amended, As Amended in the House – Professional counselors, license

SENATE BILL NO. 1419, As Amended, As Amended in the House

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Daily Data Tracking History



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

Bill Text


S1419


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN 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  holds
30    himself/herself  out  to  the  public  by any title or description of services
31    incorporating the words "licensed professional counselor" or  "licensed  coun-
32    selor." 
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 occupational
39    licenses 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 to  represent himself/herself to be a licensed professional  coun-
33    selor  or licensed counselor unless he/she shall first obtain a license pursu-
34    ant to this chapter   engage 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 to 
47    limit or prevent the practice of an individual's profession or to  restrict  a
48    person  from  doing counseling provided that the person or individual does not
49    hold himself/herself out to the public by title  or  description  as  being  a
50    licensed counselor or a licensed professional counselor.
51        Nothing in this chapter shall be construed to authorize a licensed profes-
52    sional  counselor  to perform those specific functions and duties specifically
53    delegated by law to those persons licensed as physicians   apply 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 any  
 2    regulations   rules  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 / Fiscal Impact


    





                           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