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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
|||| 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 PROFESSIONALCOUNSELORS FOR INDEPENDENT PRACTICE31 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 counselorlicensing 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 compensationor 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 whomwhich 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 counselorstate 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 guidancecounseling 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 4 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 counselorsunder 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-chairmanvice 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. COUNSELORIDAHO 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 regulationsas 50 may be necessary to carry into effect the provisions of this chapter. Such 51 rules and regulationsshall 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 counselor4 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's8 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 counselorapplicants 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 regulationsadopted 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. RECIPROCITYENDORSEMENT. 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 counselorstate 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 counselorunder this act and client shall be priv- 49 ileged from disclosure according to the provisions of subsection 1, paragraph7 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 counselorunder 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 counselorlicensing 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 reciprocityendorsement 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 subsection s(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 counselorlicensing 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 counselorlicensing 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 counselorlicensing board and upon apparent failure or refusal of the state 13 counselorlicensing 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 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