Print Friendly SENATE BILL NO. 1182 – Counselor license, clergy exempt
SENATE BILL NO. 1182
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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
|||| 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
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-
STATEMENT OF PURPOSE
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.
No fiscal impact.
CONTACT: Senator Ipsen
STATEMENT OF PURPOSE/ FISCAL NOTE S1182