2000 Legislation
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SENATE BILL NO. 1476 – Marriage/family therapists, license

SENATE BILL NO. 1476

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S1476.................................................by HEALTH AND WELFARE
MARRIAGE AND FAMILY THERAPISTS - Amends existing law to provide for
licensure of marriage and family therapists by the Professional Counselors
Licensure Board; and to rename the board the Idaho State Licensing Board of
Professional Counselors and Marriage and Family Therapists.
                                                                        
02/18    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Health/Wel

Bill Text


 S1476
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1476
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROFESSIONAL COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS; AMEND-
  3        ING THE CHAPTER HEADING FOR CHAPTER 34, TITLE  54,  IDAHO  CODE;  AMENDING
  4        SECTION  54-3401,  IDAHO  CODE,  TO FURTHER DEFINE TERMS; AMENDING SECTION
  5        54-3402, IDAHO CODE, TO PROVIDE  FOR  LICENSURE  OF  MARRIAGE  AND  FAMILY
  6        THERAPISTS  AND  TO  PROVIDE  EXEMPTIONS;  AMENDING SECTION 54-3403, IDAHO
  7        CODE, TO PROVIDE FOR THE IDAHO STATE LICENSING BOARD OF PROFESSIONAL COUN-
  8        SELORS AND MARRIAGE AND FAMILY THERAPISTS, TO PROVIDE  MEMBERSHIP  AND  TO
  9        MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-3404, IDAHO CODE, TO PRO-
 10        VIDE  POWERS OF THE IDAHO STATE LICENSING BOARD OF PROFESSIONAL COUNSELORS
 11        AND MARRIAGE AND FAMILY THERAPISTS  AND  TO  MAKE  TECHNICAL  CORRECTIONS;
 12        AMENDING  CHAPTER  34, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
 13        TION 54-3405C, IDAHO CODE, TO PROVIDE QUALIFICATIONS FOR  LICENSURE  AS  A
 14        LICENSED  MARRIAGE  AND  FAMILY THERAPIST; AMENDING SECTION 54-3406, IDAHO
 15        CODE, TO PROVIDE FOR ENDORSEMENT; AMENDING SECTION 54-3408, IDAHO CODE, TO
 16        PROVIDE PROHIBITED ACTS REGARDING A LICENSED MARRIAGE AND FAMILY THERAPIST
 17        OR PRACTICING OR ATTEMPTING TO OFFER TO PRACTICE MARRIAGE AND FAMILY THER-
 18        APY; AMENDING SECTION 54-3410, IDAHO CODE,  TO  PROVIDE  FOR  CONFIDENTIAL
 19        COMMUNICATIONS  BETWEEN MARRIAGE AND FAMILY THERAPISTS AND CLIENTS; AMEND-
 20        ING SECTION 54-3410A, IDAHO CODE, TO  PROVIDE FOR CONFIDENTIAL  COMMUNICA-
 21        TION  BETWEEN MARRIAGE AND FAMILY THERAPISTS AND CLIENTS; AMENDING SECTION
 22        54-3410B, IDAHO CODE, TO PROVIDE FOR INFORMATION DISCLOSURE TO CLIENTS  BY
 23        A  MARRIAGE AND FAMILY THERAPIST; AMENDING SECTION 54-3411, IDAHO CODE, TO
 24        PROVIDE A FEE FOR ENDORSEMENT; AND AMENDING SECTION 54-3414,  IDAHO  CODE,
 25        TO PROVIDE POWERS AND DUTIES OF THE BUREAU OF OCCUPATIONAL LICENSES.
                                                                        
 26    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 27        SECTION 1.  That the Heading for Chapter 34, Title 54, Idaho Code, be, and
 28    the same is hereby amended to read as follows:
                                                                        
 29                                      CHAPTER 34
 30                   PROFESSIONAL COUNSELORS FOR INDEPENDENT PRACTICE
 31                                    AND THERAPISTS
                                                                        
 32        SECTION  2.  That  Section 54-3401, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        54-3401.  DEFINITIONS. As used in this chapter:
 35        (1)  "Board" means the Idaho state counselor licensing  board  of  profes-
 36    sional counselors and marriage and family therapists.
 37        (2)  "Bureau chief" means the chief of the bureau of occupational licenses
 38    of the state of Idaho.
 39        (3)  "Department"  means  the department of self-governing agencies of the
 40    state of Idaho.
 41        (4)  "Licensed marriage and family therapist" means  any  person  licensed
                                                                        
                                           2
                                                                        
  1    under  this chapter to practice marriage and family therapy as defined in this
  2    chapter.
  3        (5)  "Licensed professional counselor" means  any  person  licensed  under
  4    this chapter to practice professional counseling as defined in this chapter.
  5        (6)  "Marriage  and  family therapy" means the evaluation and treatment of
  6    mental and emotional disorders, whether cognitive,  affective  or  behavioral,
  7    within the context of marriage and family systems. Marriage and family therapy
  8    includes  the professional application of psychotherapeutic and family systems
  9    theories and techniques in the delivery of services to  individuals,  couples,
 10    and families for the purpose of treating nervous and mental disorders.
 11        (7)  "Practice of marriage and family therapy" means the rendering of pro-
 12    fessional  marriage  and  family  therapy services to individuals, couples and
 13    families, singly or in groups, whether such services are offered  directly  to
 14    the general public or through organizations, either public or private.
 15        (58)  "Practice  of professional counseling" means the application of men-
 16    tal health, psychological, and human development principles in order to facil-
 17    itate human development and adjustment  throughout  the  life  span;  prevent,
 18    assess,  and  treat  mental,  emotional or behavioral disorders and associated
 19    distresses which interfere with mental health;  conduct  assessments  for  the
 20    purpose  of  establishing  treatment goals and objectives; and plan, implement
 21    and  evaluate  treatment  plans  using  counseling  treatment   interventions.
 22    "Counseling  treatment  interventions"  means  the  application  of cognitive,
 23    affective, behavioral, and systemic counseling strategies, which include prin-
 24    ciples of development, wellness and pathology that reflect a pluralistic soci-
 25    ety. Such interventions are specifically implemented in the context of a  pro-
 26    fessional counseling relationship.
 27        The practice of professional counseling includes, but is not limited to:
 28        (a)  Individual, group, marriage and family counseling and therapy;
 29        (b)  Assessment;
 30        (c)  Crisis intervention;
 31        (d)  Treatment of persons with mental and emotional disorders;
 32        (e)  Guidance  and consulting to facilitate normal growth and development,
 33        including educational and career development;
 34        (f)  Utilization of  functional  assessment  and  counseling  for  persons
 35        requesting assistance in adjustment to a disability or handicapping condi-
 36        tion;
 37        (g)  Consulting;
 38        (h)  Research; and
 39        (i)  Referral.
 40        The use of specific methods, techniques, or modalities within the practice
 41    of  professional counseling is restricted to professional counselors appropri-
 42    ately trained in the use of such methods, techniques or modalities.
                                                                        
 43        SECTION 3.  That Section 54-3402, Idaho Code, be, and the same  is  hereby
 44    amended to read as follows:
                                                                        
 45        54-3402.  LICENSE  REQUIRED  --  EXEMPTIONS.  It shall be unlawful for any
 46    person to engage in any of the following acts:
 47        (1)  To practice professional counseling for compensation or marriage  and
 48    family therapy without first having complied with the provisions of this chap-
 49    ter and without a valid license as required by this chapter.
 50        (2)  To  represent himself/herself to be a licensed professional counselor
 51    or licensed counselor or licensed marriage and family therapist unless  he/she
 52    shall first obtain a license pursuant to this chapter.
 53        (3)  To  make  use of any title, words, letters or abbreviations which may
                                                                        
                                           3
                                                                        
  1    reasonably be confused with a designation provided by this chapter.
  2        (4)  To materially refuse to furnish  the  board  information  or  records
  3    required or requested pursuant to this chapter or pursuant to an investigation
  4    commenced pursuant to this chapter.
  5        Nothing  in this chapter shall be construed to apply to the activities and
  6    services of licensed or credentialed members of  other  professions,  such  as
  7    physicians, psychologists, registered nurses, social workers, drug and alcohol
  8    counselors,  or  attorneys  performing duties consistent with the laws of this
  9    state, their training, and any code of ethics of their  professions,  provided
 10    they  do  not represent themselves by any title or practice description in the
 11    manner prescribed in section 54-3401, Idaho Code.
 12        Nothing in this chapter shall be construed to  apply  to  the  activities,
 13    services and use of an official title on the part of a person certified by the
 14    state  to  render  counseling  or  marriage  and family therapy or counseling-
 15    related services, provided such persons are performing these activities within
 16    the scope of their employment, including school and vocational counselors.
 17        Nothing in this chapter shall be construed to apply to the activities  and
 18    services  of  a student, intern or trainee pursuing a course of study in coun-
 19    seling or in marriage and family therapy in a regionally  accredited  institu-
 20    tion of higher education or training institution, if these activities are per-
 21    formed  under  supervision  and  constitute a part of the supervised course of
 22    study provided, that such person be  designated,  for  example,  a  "counselor
 23    intern" or "marriage and family therapy intern."
 24        Nothing  in this chapter shall be construed to apply to the activities and
 25    services of a person obtaining their postgraduate marriage and family  therapy
 26    clinical experience, provided these activities are provided under supervision,
 27    and provided they have registered according to procedures to be established by
 28    the board.
 29        Nothing in this chapter shall be construed to apply to a nonresident whose
 30    counseling or marriage and family therapy activities and services are rendered
 31    not  more  than  ten  (10) days during any calendar year, provided that such a
 32    person is duly authorized to perform such activities and  services  under  the
 33    laws of the state or country of that person's residence.
 34        Nothing  in this chapter shall be construed to apply to the activities and
 35    services of any religious denomination or sect or  faith-based  counseling  of
 36    any kind.
 37        Nothing  in this chapter shall be construed to apply to the activities and
 38    descriptions of persons offering volunteer or professional services for public
 39    and private nonprofit organizations or agencies for whom  which  the  services
 40    are rendered.
                                                                        
 41        SECTION  4.  That  Section 54-3403, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        54-3403.  BOARD -- ORGANIZATION AND MEETINGS. There is hereby  created  in
 44    the  department  of self-governing agencies an Idaho counselor state licensing
 45    board of professional counselors and marriage and family  therapists  as  fol-
 46    lows:
 47        (1)  The  board  shall  consist of four (4) five (5) members, residents of
 48    the state of Idaho, who shall be appointed by the governor. In making appoint-
 49    ments, the governor shall give consideration to recommendations  submitted  by
 50    the  Idaho  personnel and guidance counseling association in consultation with
 51    other state counselor organizations, and the Idaho  association  for  marriage
 52    and  family therapy in consultation with other state marriage and family ther-
 53    apy organizations. If recommendations are not made within sixty (60)  days  of
                                                                        
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  1    notification  and request, the governor may make appointments of any qualified
  2    individual.
  3        (2)  Beginning July 1, 1982, initial appointments to the  board  shall  be
  4    for the following terms: one (1) member for a term ending in one (1) year; one
  5    (1)  member for a term ending in two (2) years; one (1) member for a term end-
  6    ing in three (3) years; and one (1) member for  a  term  ending  in  four  (4)
  7    years.  Beginning  July  1, 2000, the governor shall also initially appoint to
  8    the board one (1) person eligible for licensure as a marriage and family ther-
  9    apist for a term of four (4) years.
 10        (3)  When the initial term of each member ends, the governor shall appoint
 11    the successor for a term of four (4)  years  from  qualified  candidates.  Any
 12    vacancy  occurring on the board shall be filled by the governor by appointment
 13    for the unexpired term. The governor may remove any board member  for  miscon-
 14    duct,  incompetency,  or neglect of duty after giving the board member written
 15    notice of the charges and an opportunity to be heard thereon.
 16        (4)  At all times, the board shall have two (2) members  who  are  engaged
 17    primarily  in rendering counseling service; one (1) member who is engaged pri-
 18    marily in teaching, training or research in counseling or marriage and  family
 19    therapy;  one (1) member who is engaged primarily in marriage and family ther-
 20    apy; and one (1) member from  the  general  public.  Except  for  the  initial
 21    appointment,  all members of the board except the member from the general pub-
 22    lic shall be licensed under this chapter.
 23        (5)  The first appointees, other than the member from the general  public,
 24    must  meet  the qualifications for licensure and shall become licensed profes-
 25    sional counselors under the provisions of  this  act  immediately  upon  their
 26    appointment as members of the board.
 27        (6)  No board member shall serve more than two (2) full consecutive terms.
 28        (7)  The  members of the board shall be compensated as provided in section
 29    59-509(m), Idaho Code.
 30        (8)  The board shall within sixty (60) days after the  effective  date  of
 31    this  chapter,  and  annually  thereafter hold a meeting and elect a chairman,
 32    vice-chairman vice chairman and secretary from among its  members.  The  board
 33    shall meet at such other times as deemed necessary and advisable by the chair-
 34    man,  or by a majority of its members, or by the governor. Notice of all meet-
 35    ings shall be given in the manner prescribed by law. A majority of  the  board
 36    shall constitute a quorum at any meeting or hearing.
 37        (9)  The secretary of the board shall take and maintain the minutes of the
 38    board proceedings.
                                                                        
 39        SECTION  5.  That  Section 54-3404, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        54-3404.  COUNSELOR IDAHO STATE LICENSING BOARD OF PROFESSIONAL COUNSELORS
 42    AND MARRIAGE AND FAMILY THERAPISTS -- POWERS. The board shall have the follow-
 43    ing powers:
 44        (1)  To regulate the practice of licensed counselors and licensed  profes-
 45    sional  counselors and licensed marriage and family therapists in the state of
 46    Idaho.
 47        (2)  To pass  upon  the  qualifications  and  fitness  of  applicants  for
 48    licenses.
 49        (3)  To  adopt  and from time to time revise such rules and regulations as
 50    may be necessary to carry into effect the provisions  of  this  chapter.  Such
 51    rules  and  regulations shall include, but not be limited to, a code of ethics
 52    for licensed counselors, and marriage and  family  therapists,  in  the  state
 53    which shall be adopted in compliance with chapter 52, title 67, Idaho Code.
                                                                        
                                           5
                                                                        
  1        (4)  To  review  the  practice  of  counselors  and  marriage  and  family
  2    therapists  licensed  under  this  chapter and charged with a violation of the
  3    provisions of this chapter. This review may include the notes of the counselor
  4    license holder and other materials related to the practice.  The  review  will
  5    remain  subject  to  disclosure  according  to chapter 3, title 9, Idaho Code,
  6    unless the written consent of the client is received by the board.
  7        (5)  To establish a peer review system whereby each  licensed  counselor's
  8    holder's  practice  may be reviewed to ensure continuing practice in an appro-
  9    priate and ethical manner.
 10        (6)  To examine for, deny, approve, issue, revoke, suspend and  renew  the
 11    licenses  of  counselor  applicants  pursuant  to this chapter, and to conduct
 12    hearings in connection therewith.
 13        (7)  To conduct hearings to suspend or revoke licenses for  violations  of
 14    the  law  and rules and regulations adopted pursuant to this chapter and cause
 15    the prosecution and enjoinder of all such violations.
 16        (8)  In any proceeding before the board authorized by  this  chapter,  the
 17    board  or  its  designee  may  administer  oaths  or affirmations to witnesses
 18    appearing before it.
 19        (9)  To authorize, by written agreement, the chief of the bureau of  occu-
 20    pational licenses as agent to act in its interest.
 21        (10) To  provide,  by  rule,  licensed professional counselor and licensed
 22    marriage and family therapist specialty standards.
                                                                        
 23        SECTION 6.  That Chapter 34, Title 54, Idaho Code, be,  and  the  same  is
 24    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 25    ignated as Section 54-3405C, Idaho Code, and to read as follows:
                                                                        
 26        54-3405C.  QUALIFICATIONS FOR LICENSURE. Licensure as a "licensed marriage
 27    and family therapist" shall be restricted to  persons  who  have  successfully
 28    completed each of the following requirements:
 29        (1)  A  graduate  degree in marriage and family therapy or an allied field
 30    from a regionally accredited educational institution, with a minimum of  sixty
 31    (60)  semester  hours  or  ninety (90) quarter credits, including a minimum of
 32    eleven (11) courses totaling thirty-three (33) credits in the following areas:
 33        (a)  Marriage and family studies -- three (3) courses;
 34        (b)  Marriage and family therapy -- three (3) courses;
 35        (c)  Human development -- three (3) courses;
 36        (d)  Professional ethics -- one (1) course;
 37        (e)  Research -- one (1) course.
 38        (2)  Completion of a one (1) year practicum  of  supervised  marriage  and
 39    family  therapy  experience,  consisting  of  a minimum of three hundred (300)
 40    direct client contact hours, as part of the graduate program.
 41        (3)  Postgraduate supervised experience in marriage and family therapy  of
 42    three thousand (3,000) hours. A minimum of two hundred (200) hours of supervi-
 43    sion of the postgraduate experience. Supervision may be provided by a clinical
 44    member  of  the  American  association  for  marriage and family therapy, by a
 45    licensed marriage and family therapist, or another qualified licensed  profes-
 46    sional  as determined by the board who has a minimum of five (5) years experi-
 47    ence providing marriage and family therapy, including: a licensed professional
 48    counselor, private practice; psychologist; certified  social  worker,  private
 49    and independent practice; or psychiatrist.
 50        (4)  Successful  completion  of  a  written examination as approved by the
 51    board.
 52        (5)  Once licensed, a licensed marriage and family therapist shall  obtain
 53    twenty (20) hours of continuing education per year as approved by the board.
                                                                        
                                           6
                                                                        
  1        (6)  From July 1, 2000, until June 30, 2002, any person who meets the edu-
  2    cational  qualifications for an appropriate graduate degree, as defined by the
  3    board, from an accredited educational institution so recognized at the time of
  4    granting such degree, and who demonstrates three  thousand  (3,000)  hours  of
  5    postgraduate  experience providing marriage and family therapy may upon appli-
  6    cation, finding of fitness, and payment of fees, be issued a marriage and fam-
  7    ily therapist license. In determining if the education and experience qualifi-
  8    cations have been met, the board may consider a current clinical membership in
  9    the American association of marriage and family therapy, or membership  in  or
 10    certification  by another appropriate professional organization, as defined by
 11    the board, to be sufficient demonstration of the qualifications, and may issue
 12    a marriage and family therapy license.
 13        (7)  Licensed marriage and family therapists shall  agree  to  uphold  the
 14    currently published code of ethics of the American association of marriage and
 15    family therapy.
 16        (8)  A  license  or  conditional license will not be allowed an individual
 17    whose license, certification or registration has been revoked or suspended  in
 18    this  or any other state and in this or any other related field. Such an indi-
 19    vidual may not be licensed under this chapter unless the period of  revocation
 20    or  suspension  has  been  completed  and the board has conducted a competency
 21    review and determined that an acceptable degree  of  rehabilitation  has  been
 22    accomplished.
                                                                        
 23        SECTION  7.  That  Section 54-3406, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        54-3406.  RECIPROCITY ENDORSEMENT. Upon payment of the fee  enumerated  in
 26    this  chapter, the board may grant a license to any person who, at the time of
 27    application, is licensed or certified by an agency located  in  another  state
 28    and which is similar to the counselor state licensing board, provided that the
 29    requirements  of  such certification or licensure are substantially similar to
 30    the requirements of this chapter.
                                                                        
 31        SECTION 8.  That Section 54-3408, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        54-3408.  CERTAIN  ACTS  PROHIBITED.  The following acts shall be unlawful
 34    and punishable as a misdemeanor:
 35        (1)  The violation of any of the provisions of this chapter and any  rules
 36    promulgated pursuant thereto;
 37        (2)  A  person representing himself to be a licensed counselor or licensed
 38    professional counselor or licensed marriage and family therapist without  hav-
 39    ing first complied with the provisions of this chapter;
 40        (3)  A  person  who shall practice or attempt to offer to practice profes-
 41    sional counseling or marriage and family therapy, as defined in this  chapter,
 42    without  having  at  the  time  of so doing, a valid, unexpired, unrevoked and
 43    unsuspended license or conditional license issued under this  chapter  or  the
 44    laws of Idaho or any other state governing mental health professionals.
                                                                        
 45        SECTION  9.  That  Section 54-3410, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        54-3410.  CONFIDENTIAL  COMMUNICATION.  Confidentiality  of  communication
 48    between any person licensed counselor under this act and client shall be priv-
 49    ileged from disclosure according to the provisions of subsection 1,  paragraph
                                                                        
                                           7
                                                                        
  1    6,.  of  section  9-203,  Idaho  Code,  with the exception of the board in the
  2    review provided for in section 54-3404, Idaho Code.
                                                                        
  3        SECTION 10.  That Section 54-3410A, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        54-3410A.  CONFIDENTIAL COMMUNICATION.  Confidentiality  of  communication
  6    between any person licensed counselor under this act and client shall be priv-
  7    ileged  from  disclosure  as  provided  in section 9-203, Idaho Code, with the
  8    exception of the board of review provided in section 54-3404, Idaho Code.
                                                                        
  9        SECTION 11.  That Section 54-3410B, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        54-3410B.  INFORMATION DISCLOSURE TO CLIENTS. Persons licensed under  this
 12    chapter shall provide clients at the beginning of treatment with accurate dis-
 13    closure  information concerning their practice, including the right of clients
 14    to refuse treatment, the responsibility of clients for choosing  the  provider
 15    and  treatment  modality,  and  the  extent of confidentiality. The disclosure
 16    information provided by the counselor or the marriage  and  family  therapist,
 17    the  receipt  of  which  shall be acknowledged in writing by the counselor and
 18    client, or the marriage and family therapist and  client,  shall  include  any
 19    relevant  education and training, the therapeutic orientation of the practice,
 20    modalities or treatment utilized, and all financial requirements. The  disclo-
 21    sure  information  shall  include  a statement that licensure of an individual
 22    under this chapter does not imply endorsement by the counselor licensing board
 23    nor effectiveness of treatment.
                                                                        
 24        SECTION 12.  That Section 54-3411, Idaho Code, be, and the same is  hereby
 25    amended to read as follows:
                                                                        
 26        54-3411.  FEES  ON LICENSURE. The board shall establish fees for licensure
 27    under the provisions of this chapter as follows:
 28        (1)  The fee for applications not to exceed one hundred dollars ($100).
 29        (2)  The fee for examination, when required, equal to that charged by  the
 30    national examining entity.
 31        (3)  The fee for reciprocity endorsement not to exceed one hundred dollars
 32    ($100).
 33        (4)  The  fee  for  the original license not to exceed one hundred dollars
 34    ($100).
 35        (5)  The fee for annual renewal not to exceed sixty dollars ($60.00).
 36        (6)  Fees under subsections (2) or (3) of this section shall be  in  addi-
 37    tion to the application fee.
 38        (7)  All fees paid pursuant to this section shall be nonrefundable.
                                                                        
 39        SECTION  13.  That Section 54-3414, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        54-3414.  POWERS AND DUTIES OF BUREAU OF OCCUPATIONAL LICENSES. The bureau
 42    of occupational licenses shall have the following powers and duties:
 43        (1)  To accept applications for and issue licenses to counselors and  mar-
 44    riage and family therapists pursuant to requirements of this chapter.
 45        (2)  To  maintain  in  a  registry  appropriate  for that purpose a public
 46    record of all applications for licenses, the action of the department thereon,
 47    of all licenses issued and of all licenses revoked or forfeited with the  rea-
                                                                        
                                           8
                                                                        
  1    sons for such revocation or forfeiture and of all renewals.
  2        (3)  To  forward complaints against a licensed professional counselor or a
  3    marriage and family therapist to  the  state  counselor  licensing  board  for
  4    review and investigation.
  5        (4)  To  assist  in  the investigation and prosecution of complaints filed
  6    against a counselor or a marriage and family therapist under section  54-3408,
  7    Idaho Code.
  8        (5)  At  the discretion of the chief of the bureau and upon apparent fail-
  9    ure or refusal of the state counselor licensing board to investigate or prose-
 10    cute a complaint against a counselor or a marriage and  family  therapist,  to
 11    investigate the complaint and forward the report of investigation to the state
 12    counselor  licensing  board  and upon apparent failure or refusal of the state
 13    counselor licensing board to take further action, to file  an  action  in  the
 14    district  court  under  section  54-3408, Idaho Code, against a counselor or a
 15    marriage and family therapist violating the terms of this chapter.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE 
                      RS 10065 
     
     The purpose of this legislation is to provide for licensing of Marriage and Family
     Therapists practicing in Idaho. The legislation sets the standards for education and
     experience for Marriage and Family Therapists, and specifies an ethical code to be
     followed. This legislation changes the name of the counselor licensing board to
     the licensing board of professional counselors and marriage and family therapists.
     It broadens the role of the board to regulate licensing of marriage and family
     therapists. The Board will continue to be administered within the Department of
     Self-Governing Agencies, by the Bureau of Occupational Licenses. 
     
     This legislation will assist Citizens in readily identifying those professionals
     specifically trained to work with couples and families, thereby protecting
     consumers. It will additionally allow Marriage and Family Therapists who have
     been licensed in other states to be granted reciprocal licensing, and provides for a
     two-year grandfather period in which professionals with substantial experience in
     marital and family therapy will be granted a license. 
     
     
                           
                     FISCAL NOTE 
     
     There would be no impact to the General Fund. The legislation establishes
     licensing fees that will cover administrative costs. 
     
     
               CONTACT:  Roberta Crockett, M.A.         345-1022
                                             Eric Jones, Ph.D.              736-7178
                                                  Piper Field, M.A.                   388-0773
                                             Skip Smyser, J.D.              342-0777 
     
     
                                                       STATEMENT OF PURPOSE/FISCAL NOTE                  S 1476