1999 Legislation
Print Friendly

SENATE BILL NO. 1182 – Counselor license, clergy exempt

SENATE BILL NO. 1182

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1182.................................................by HEALTH AND WELFARE
COUNSELORS - LICENSURE - Amends existing law to provide that the counselor
licensing chapter shall not apply to the services of a rabbi, priest,
minister, or clergy of any religious denomination when performing
counseling services as part of religious duties and in connection with a
specific synagogue, church or mosque which has tax exempt status pursuant
to Section 501(c)(3) of the Internal Revenue Code.

02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Health/Wel
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 29-6-0
      AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Ipsen,
      Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--Boatright, Deide, Hawkins, Ingram, Schroeder, Sorensen
      Absent and excused--None
    Floor Sponsor - Ipsen
    Title apvd - to House
03/02    House intro - 1st rdg - to Rev/Tax
03/09    Rpt out - to Health/Wel

Bill Text


S1182


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1182

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT
 2    RELATING TO LICENSURE OF COUNSELORS; AMENDING SECTION 54-3402, IDAHO CODE,  TO
 3        PROVIDE THAT THE COUNSELOR LICENSING CHAPTER SHALL NOT APPLY TO   THE SER-
 4        VICES  OF  A RABBI, PRIEST, MINISTER, OR CLERGY OF ANY RELIGIOUS DENOMINA-
 5        TION WHEN PERFORMING COUNSELING SERVICES AS PART OF RELIGIOUS  DUTIES  AND
 6        IN  CONNECTION  WITH  A SPECIFIC SYNAGOGUE, CHURCH OR MOSQUE WHICH HAS TAX
 7        EXEMPT STATUS PURSUANT TO SECTION 501(c)(3) OF THE INTERNAL REVENUE CODE.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION 1.  That Section 54-3402, Idaho Code, be, and the same  is  hereby
10    amended to read as follows:

11        54-3402.  LICENSE  REQUIRED  --  EXEMPTIONS.  It shall be unlawful for any
12    person to engage in any of the following acts:
13        (1)  To practice professional counseling for  compensation  without  first
14    having  complied  with  the  provisions  of  this  chapter and without a valid
15    license as required by this chapter.
16        (2)  To represent himself/herself to be a licensed professional  counselor
17    or  licensed  counselor unless he/she shall first obtain a license pursuant to
18    this chapter.
19        (3)  To make use of any title, words, letters or abbreviations  which  may
20    reasonably be confused with a designation provided by this chapter.
21        (4)  To  materially  refuse  to  furnish  the board information or records
22    required or requested pursuant to this chapter or pursuant to an investigation
23    commenced pursuant to this chapter.
24        Nothing in this chapter shall be construed to apply to the activities  and
25    services  of  licensed  or  credentialed members of other professions, such as
26    physicians, psychologists, registered nurses, social workers, drug and alcohol
27    counselors, or attorneys performing duties consistent with the  laws  of  this
28    state,  their  training, and any code of ethics of their professions, provided
29    they do not represent themselves by any title or practice description  in  the
30    manner prescribed in section 54-3401, Idaho Code.
31        Nothing  in  this  chapter  shall be construed to apply to the activities,
32    services and use of an official title on the part of a person certified by the
33    state to render counseling or counseling-related services, provided such  per-
34    sons  are  performing  these  activities within the scope of their employment,
35    including school and vocational counselors.
36        Nothing in this chapter shall be construed to apply to the activities  and
37    services  of  a student, intern or trainee pursuing a course of study in coun-
38    seling in a regionally accredited institution of higher education or  training
39    institution,  if  these activities are performed under supervision and consti-
40    tute a part of the supervised course of study provided, that  such  person  be
41    designated, for example, a "counselor intern."
42        Nothing in this chapter shall be construed to apply to a nonresident whose
43    counseling  activities  and  services are rendered not more than ten (10) days


                                          2

 1    during any calendar year, provided that such a person is  duly  authorized  to
 2    perform such activities and services under the laws of the state or country of
 3    that person's residence.
 4        Nothing  in  this chapter shall be construed to apply to the  activi-
 5    ties and services of any religious denomination or sect or  faith-based  coun-
 6    seling  of  any  kind     services of a rabbi, priest, minister, or
 7    clergy of any religious denomination when performing  counseling  services  as
 8    part  of  religious duties and in connection with a specific synagogue, church
 9    or mosque which has tax exempt status pursuant to  section  501(c)(3)  of  the
10    Internal Revenue Code .
11        Nothing  in this chapter shall be construed to apply to the activities and
12    descriptions of persons offering volunteer or professional services for public
13    and private nonprofit organizations or agencies for whom the services are ren-
14    dered.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                             RS09058

This legislation will strengthen Idaho's law by providing
clear exemptions for recognized religious leaders while
protecting the public from unqualified providers practicing
professional counseling without a license.









                           FISCAL NOTE

No fiscal impact.









CONTACT:  Senator Ipsen
         332-1326
         

STATEMENT OF PURPOSE/ FISCAL NOTE      S1182