2001 Legislation
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HOUSE BILL NO. 14 – Counselors, licensure, requirements

HOUSE BILL NO. 14

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H0014aa......................................................by MR. SPEAKER
               Requested by: Bureau of Occupational Licenses
COUNSELORS - LICENSURE - Amends existing law relating to professional
counselors to provide that the provisions of the law shall not apply to
interns in counseling acting under the direct supervision of a licensed
professional counselor in private practice; to require that an applicant
for licensure as a professional counselor or a pastoral counselor or an
applicant for a conditional license  must be of good moral character; to
provide for endorsement of licenses; and to provide for a fee for
endorsement.
                                                                        
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel
02/15    Rpt out - to Gen Ord
02/20    Rpt out amen - to engros
02/21    Rpt engros - 1st rdg - to 2nd rdg as amen
02/22    2nd rdg - to 3rd rdg as amen
02/26    3rd rdg as amen - PASSED - 63-0-7
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smylie, Stevenson, Tilman, Trail, Wood, Young, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Jones, McKague, Moyle, Smith, Stone, Swan,
      Wheeler
    Floor Sponsor -- Loertscher
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Com/HuRes
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Andreason
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 83
         Effective: 07/01/01

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 14
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
                                                                        
  1                                        AN ACT
  2    RELATING TO PROFESSIONAL COUNSELORS FOR INDEPENDENT PRACTICE; AMENDING SECTION
  3        54-3402, IDAHO CODE, TO PROVIDE THAT THE CHAPTER DOES NOT APPLY TO INTERNS
  4        IN COUNSELING ACTING UNDER THE DIRECT SUPERVISION OF  A  LICENSED  PROFES-
  5        SIONAL COUNSELOR; AMENDING SECTION 54-3405, IDAHO CODE, TO REQUIRE THAT AN
  6        APPLICANT  FOR LICENSURE AS A PROFESSIONAL COUNSELOR MUST BE OF GOOD MORAL
  7        CHARACTER; AMENDING SECTION 54-3405A,  IDAHO  CODE,  TO  REQUIRE  THAT  AN
  8        APPLICANT  FOR  LICENSURE  AS  A  PASTORAL COUNSELOR MUST BE OF GOOD MORAL
  9        CHARACTER; AMENDING SECTION 54-3405B,  IDAHO  CODE,  TO  REQUIRE  THAT  AN
 10        APPLICANT  FOR  A  CONDITIONAL  LICENSE  MUST  BE OF GOOD MORAL CHARACTER;
 11        AMENDING SECTION 54-3406, IDAHO CODE, TO DELETE A REFERENCE TO RECIPROCITY
 12        AND TO PROVIDE FOR ENDORSEMENT; AMENDING SECTION 54-3407, IDAHO  CODE,  TO
 13        BROADEN  THE DISCIPLINARY AUTHORITY OF THE IDAHO STATE COUNSELOR LICENSING
 14        BOARD AND TO MAKE A TECHNICAL CORRECTION; AND  AMENDING  SECTION  54-3411,
 15        IDAHO CODE, TO PROVIDE A LICENSURE FEE FOR ENDORSEMENT.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION  1.  That  Section 54-3402, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        54-3402.  LICENSE REQUIRED -- EXEMPTIONS. It shall  be  unlawful  for  any
 20    person to engage in any of the following acts:
 21        (1)  To  practice  professional  counseling for compensation without first
 22    having complied with the provisions  of  this  chapter  and  without  a  valid
 23    license as required by this chapter.
 24        (2)  To  represent himself/herself to be a licensed professional counselor
 25    or licensed counselor unless he/she shall first obtain a license  pursuant  to
 26    this chapter.
 27        (3)  To  make  use of any title, words, letters or abbreviations which may
 28    reasonably be confused with a designation provided by this chapter.
 29        (4)  To materially refuse to furnish  the  board  information  or  records
 30    required or requested pursuant to this chapter or pursuant to an investigation
 31    commenced pursuant to this chapter.
 32        Nothing  in this chapter shall be construed to apply to the activities and
 33    services of licensed or credentialed members of  other  professions,  such  as
 34    physicians, psychologists, registered nurses, social workers, drug and alcohol
 35    counselors,  or  attorneys  performing duties consistent with the laws of this
 36    state, their training, and any code of ethics of their  professions,  provided
 37    they  do  not represent themselves by any title or practice description in the
 38    manner prescribed in section 54-3401, Idaho Code.
 39        Nothing in this chapter shall be construed to  apply  to  the  activities,
 40    services and use of an official title on the part of a person certified by the
 41    state  to render counseling or counseling-related services, provided such per-
 42    sons are performing these activities within the  scope  of  their  employment,
 43    including school and vocational counselors.
                                                                        
                                           2
                                                                        
  1        Nothing  in this chapter shall be construed to apply to the activities and
  2    services of a student, intern or trainee pursuing a course of study  in  coun-
  3    seling  in a regionally accredited institution of higher education or training
  4    institution, if these activities are performed under supervision  and  consti-
  5    tute  a part of the supervised course of study, or  of an intern in counseling
  6    acting under the direct supervision of a licensed  professional  counselor  in
  7    private  practice  as established and limited by rules of the board, provided,
  8    that such person be designated, for example, a "counselor intern."
  9        Nothing in this chapter shall be construed to apply to a nonresident whose
 10    counseling activities and services are rendered not more than  ten  (10)  days
 11    during  any  calendar  year, provided that such a person is duly authorized to
 12    perform such activities and services under the laws of the state or country of
 13    that person's residence.
 14        Nothing in this chapter shall be construed to apply to the activities  and
 15    services  of  any  religious denomination or sect or faith-based counseling of
 16    any kind.
 17        Nothing in this chapter shall be construed to apply to the activities  and
 18    descriptions of persons offering volunteer or professional services for public
 19    and private nonprofit organizations or agencies for whom the services are ren-
 20    dered.
                                                                        
 21        SECTION  2.  That  Section 54-3405, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        54-3405.  QUALIFICATIONS FOR LICENSURE. Licensure as a  "licensed  profes-
 24    sional  counselor"  shall be restricted to persons of good moral character who
 25    have successfully completed each of the following requirements:
 26        (1)  A planned graduate program of sixty (60) semester hours which is pri-
 27    marily counseling in nature, six (6) semester hours of which are earned in  an
 28    advanced counseling practicum, and including a graduate degree in a counseling
 29    field  from an accredited university or college offering a graduate program in
 30    counseling.
 31        (2)  An examination if required by the board's rules.
 32        (3)  One thousand (1,000) hours of  supervised  experience  in  counseling
 33    acceptable to the board.
 34        (4)  A  license  or  conditional license will not be allowed an individual
 35    whose license, certification or registration has been revoked or suspended  in
 36    this  or any other state and in this or any other related field. Such an indi-
 37    vidual may not be licensed under this chapter unless the period of  revocation
 38    or  suspension  has  been  completed  and the board has conducted a competency
 39    review and determined that an acceptable degree  of  rehabilitation  has  been
 40    accomplished.
                                                                        
 41        SECTION  3.  That Section 54-3405A, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        54-3405A.  QUALIFICATIONS FOR LICENSURE FOR LICENSED PASTORAL  COUNSELORS.
 44    Licensure as a "licensed pastoral counselor" shall be restricted to persons of
 45    good  moral  character  who have successfully completed the following require-
 46    ments who have applied for licensed pastoral counselors (L.Pas.C.) and:
 47        (1)  Holds a master of divinity (M.Div.) degree or doctoral degree with  a
 48    major in pastoral counseling from an accredited university or religious insti-
 49    tution  with  a  requirement of sixty (60) semester credit hours of counseling
 50    related courses in a minimum of eight (8) of the following eleven  (11)  areas
 51    with  the  areas  of  study  being  specified  by  the American association of
                                                                        
                                           3
                                                                        
  1    pastoral counselors (AAPC):
  2        (a)  Theories of personality and personality development;
  3        (b)  Theories of counseling and psychotherapy;
  4        (c)  Marriage and family dynamics and counseling;
  5        (d)  Group dynamics and counseling;
  6        (e)  Personality, culture and ethics;
  7        (f)  Psychology of religious experience;
  8        (g)  Pastoral assessment and treatment;
  9        (h)  Psychopathology;
 10        (i)  Theories of  pastoral care;
 11        (j)  Research methods;
 12        (k)  Orientation to the helping professions.
 13        (2)  Completion of a practicum of supervised counseling experience of four
 14    hundred (400) contact hours, supervised at a ratio of one (1) hour of supervi-
 15    sion for each ten (10) contact hours.
 16        (3)  Graduate studies shall have been at a university or institution which
 17    has been accredited by one (1) of the following: The middle states association
 18    of colleges and secondary schools, the New England state association  of  col-
 19    leges  and  secondary  schools,  the north central association of colleges and
 20    secondary  schools,  the  northwest  association  of  colleges  and  secondary
 21    schools, the southern association of colleges and  secondary  schools  or  the
 22    western  colleges  association.  The  pastoral  counselor  program may also be
 23    accredited by the association of theological schools (ATS).
 24        (4)  Completion of two thousand  (2,000)  contact  hours  of  postgraduate
 25    supervised counseling experience, with an approved supervisor. Approved super-
 26    visors  include an American association of pastoral counselors approved super-
 27    visor, a licensed pastoral counselor, a licensed psychiatrist, a licensed psy-
 28    chologist, or a licensed professional counselor. The ratio of  supervision  to
 29    contact hours shall be one (1) to twenty (20).
 30        (5)  Successful  completion  of  the  national  counselor  examination  as
 31    required by the board.
 32        (6)  Each  licensed  pastoral  counselor  must  obtain twenty (20) contact
 33    hours of continuing education in an area that is approved  by  the  board  per
 34    year.
 35        (7)  Each  licensed  pastoral counselor shall adhere to the code of ethics
 36    of the American counseling association.
 37        (8)  The board shall have the option of employing a consultant  to  assist
 38    in  the  review  of  applications and in disciplinary actions. The cost of the
 39    consultation shall be included in the fee for the pastoral counselor license.
 40        (9)  The board may issue licenses to those persons meeting the  qualifica-
 41    tions  for  licensure  as  a  licensed  pastoral  counselor  (L.Pas.C) and the
 42    licensed pastoral counselor license shall be a separate and  distinct  license
 43    from the licensed professional counselor license.
 44        (10) For  the purposes of this chapter, fees and disciplinary actions, the
 45    terms "licensed pastoral  counselor"  and  "licensed  professional  counselor"
 46    shall  have  the same meaning. The board may promulgate rules to implement the
 47    provisions of this section in compliance with  chapter  52,  title  67,  Idaho
 48    Code.
                                                                        
 49        SECTION  4.  That Section 54-3405B, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
 51        54-3405B.  CONDITIONAL LICENSE. Any individual of good moral character who
 52    engages in the practice of  counseling as described in this  chapter  and  who
 53    can  demonstrate  an  established practice of three (3) or more years may make
                                                                        
                                           4
                                                                        
  1    application for a conditional counseling license provided they do not  violate
  2    the  prohibitions  of  section  54-3408,  Idaho Code. The applicant shall have
  3    until the year 2002 to complete the requirements of  a  licensed  professional
  4    counselor.  The  application  shall  be  on a form prescribed by the board and
  5    shall be accompanied by a fee to be determined by the board by rule. An appli-
  6    cant for a conditional license shall:
  7        (1)  Possess a bachelor's degree in a counseling field from an  accredited
  8    university or college offering an undergraduate program in counseling; and
  9        (2)  Follow the ethical standards of a licensed professional counselor.
 10    A  renewal  fee  to be determined by the board by rule shall be required annu-
 11    ally.
                                                                        
 12        SECTION 5.  That Section 54-3406, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        54-3406.  RECIPROCITY  ENDORSEMENT.  Upon payment of the fee enumerated in
 15    this chapter, the board may grant a license to any person who, at the time  of
 16    application,  is  licensed  or certified by an agency located in another state
 17    and which is similar to the  counselor  licensing  board,  provided  that  the
 18    requirements  of  such certification or licensure are substantially similar to
 19    the requirements of this chapter.
                                                                        
 20        SECTION 6.  That Section 54-3407, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        54-3407.  DISCIPLINARY  PROCEEDINGS.  Subject to the provisions of chapter
 23    52, title 67, Idaho Code, the board may revoke or suspend a license, or impose
 24    any other discipline upon the following grounds:
 25        (1)  Fraud or deception in procuring the license;
 26        (2)  Conviction of a felony by a court of competent jurisdiction;
 27        (3)  Gross incompetency;
 28        (4)  Fraud or deceit in the performance of official duties;
 29        (5)  For violation of any of the provisions of this chapter or any of  the
 30    rules  or  regulations  promulgated  by  the board under the authority of this
 31    chapter.
 32        The board may reinstate any revoked or suspended license upon  such  terms
 33    as it may impose.
                                                                        
 34        SECTION  7.  That  Section 54-3411, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        54-3411.  FEES ON LICENSURE. The board shall establish fees for  licensure
 37    under the provisions of this chapter as follows:
 38        (1)  The fee for applications not to exceed one hundred dollars ($100).
 39        (2)  The  fee for examination, when required, equal to that charged by the
 40    national examining entity.
 41        (3)  The fee for reciprocity endorsement not to exceed one hundred dollars
 42    ($100).
 43        (4)  The fee for the original license not to exceed  one  hundred  dollars
 44    ($100).
 45        (5)  The fee for annual renewal not to exceed sixty dollars ($60.00).
 46        (6)  Fees  under  subsections (2) or (3) of this section shall be in addi-
 47    tion to the application fee.
 48        (7)  All fees paid pursuant to this section shall be nonrefundable.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Swan                
                                                                        
                                                     Seconded by Sali                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 14
                                                                        
  1                                AMENDMENT TO SECTION 5
  2        On page 4 of the printed bill, delete lines 17 through 19 and insert: "and
  3    which is similar to the counselor licensing board, provided that the  require-
  4    ments  of  such  certification  or  licensure are substantially similar to the
  5    requirements of this chapter and who meets the qualifications  established  by
  6    board rule".
                                                                        
  7                                AMENDMENT TO THE BILL
  8        On  page 4, delete lines 20 through 33; and in line 34, delete "SECTION 7"
  9    and insert: "SECTION 6".
                                                                        
 10                                 CORRECTIONS TO TITLE
 11        On page 1, in line 11, following "RECIPROCITY" insert: ",";  in  line  12,
 12    delete  "AND"; and also in line 12, following "ENDORSEMENT" delete the remain-
 13    der of the line and insert: "AND TO PROVIDE THAT PERSONS  SEEKING  ENDORSEMENT
 14    MUST MEET THE QUALIFICATIONS ESTABLISHED BY BOARD RULE;";  delete line 13; and
 15    in line 14, delete "BOARD AND TO MAKE A TECHNICAL CORRECTION;".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 14, As Amended
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
                                                                        
  1                                        AN ACT
  2    RELATING TO PROFESSIONAL COUNSELORS FOR INDEPENDENT PRACTICE; AMENDING SECTION
  3        54-3402, IDAHO CODE, TO PROVIDE THAT THE CHAPTER DOES NOT APPLY TO INTERNS
  4        IN COUNSELING ACTING UNDER THE DIRECT SUPERVISION OF  A  LICENSED  PROFES-
  5        SIONAL COUNSELOR; AMENDING SECTION 54-3405, IDAHO CODE, TO REQUIRE THAT AN
  6        APPLICANT  FOR LICENSURE AS A PROFESSIONAL COUNSELOR MUST BE OF GOOD MORAL
  7        CHARACTER; AMENDING SECTION 54-3405A,  IDAHO  CODE,  TO  REQUIRE  THAT  AN
  8        APPLICANT  FOR  LICENSURE  AS  A  PASTORAL COUNSELOR MUST BE OF GOOD MORAL
  9        CHARACTER; AMENDING SECTION 54-3405B,  IDAHO  CODE,  TO  REQUIRE  THAT  AN
 10        APPLICANT  FOR  A  CONDITIONAL  LICENSE  MUST  BE OF GOOD MORAL CHARACTER;
 11        AMENDING SECTION 54-3406, IDAHO CODE, TO DELETE A REFERENCE  TO  RECIPROC-
 12        ITY,  TO  PROVIDE  FOR  ENDORSEMENT  AND  TO  PROVIDE THAT PERSONS SEEKING
 13        ENDORSEMENT MUST MEET THE QUALIFICATIONS ESTABLISHED BY  BOARD  RULE;  AND
 14        AMENDING  SECTION  54-3411,  IDAHO  CODE,  TO  PROVIDE A LICENSURE FEE FOR
 15        ENDORSEMENT.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 54-3402, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        54-3402.  LICENSE  REQUIRED  --  EXEMPTIONS.  It shall be unlawful for any
 20    person to engage in any of the following acts:
 21        (1)  To practice professional counseling for  compensation  without  first
 22    having  complied  with  the  provisions  of  this  chapter and without a valid
 23    license as required by this chapter.
 24        (2)  To represent himself/herself to be a licensed professional  counselor
 25    or  licensed  counselor unless he/she shall first obtain a license pursuant to
 26    this chapter.
 27        (3)  To make use of any title, words, letters or abbreviations  which  may
 28    reasonably be confused with a designation provided by this chapter.
 29        (4)  To  materially  refuse  to  furnish  the board information or records
 30    required or requested pursuant to this chapter or pursuant to an investigation
 31    commenced pursuant to this chapter.
 32        Nothing in this chapter shall be construed to apply to the activities  and
 33    services  of  licensed  or  credentialed members of other professions, such as
 34    physicians, psychologists, registered nurses, social workers, drug and alcohol
 35    counselors, or attorneys performing duties consistent with the  laws  of  this
 36    state,  their  training, and any code of ethics of their professions, provided
 37    they do not represent themselves by any title or practice description  in  the
 38    manner prescribed in section 54-3401, Idaho Code.
 39        Nothing  in  this  chapter  shall be construed to apply to the activities,
 40    services and use of an official title on the part of a person certified by the
 41    state to render counseling or counseling-related services, provided such  per-
 42    sons  are  performing  these  activities within the scope of their employment,
 43    including school and vocational counselors.
                                                                        
                                           2
                                                                        
  1        Nothing in this chapter shall be construed to apply to the activities  and
  2    services  of  a student, intern or trainee pursuing a course of study in coun-
  3    seling in a regionally accredited institution of higher education or  training
  4    institution,  if  these activities are performed under supervision and consti-
  5    tute a part of the supervised course of study, or  of an intern in  counseling
  6    acting  under  the  direct supervision of a licensed professional counselor in
  7    private practice as established and limited by rules of the  board,  provided,
  8    that such person be designated, for example, a "counselor intern."
  9        Nothing in this chapter shall be construed to apply to a nonresident whose
 10    counseling  activities  and  services are rendered not more than ten (10) days
 11    during any calendar year, provided that such a person is  duly  authorized  to
 12    perform such activities and services under the laws of the state or country of
 13    that person's residence.
 14        Nothing  in this chapter shall be construed to apply to the activities and
 15    services of any religious denomination or sect or  faith-based  counseling  of
 16    any kind.
 17        Nothing  in this chapter shall be construed to apply to the activities and
 18    descriptions of persons offering volunteer or professional services for public
 19    and private nonprofit organizations or agencies for whom the services are ren-
 20    dered.
                                                                        
 21        SECTION 2.  That Section 54-3405, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        54-3405.  QUALIFICATIONS  FOR  LICENSURE. Licensure as a "licensed profes-
 24    sional counselor" shall be restricted to persons of good moral  character  who
 25    have successfully completed each of the following requirements:
 26        (1)  A planned graduate program of sixty (60) semester hours which is pri-
 27    marily  counseling in nature, six (6) semester hours of which are earned in an
 28    advanced counseling practicum, and including a graduate degree in a counseling
 29    field from an accredited university or college offering a graduate program  in
 30    counseling.
 31        (2)  An examination if required by the board's rules.
 32        (3)  One  thousand  (1,000)  hours  of supervised experience in counseling
 33    acceptable to the board.
 34        (4)  A license or conditional license will not be  allowed  an  individual
 35    whose  license, certification or registration has been revoked or suspended in
 36    this or any other state and in this or any other related field. Such an  indi-
 37    vidual  may not be licensed under this chapter unless the period of revocation
 38    or suspension has been completed and the  board  has  conducted  a  competency
 39    review  and  determined  that  an acceptable degree of rehabilitation has been
 40    accomplished.
                                                                        
 41        SECTION 3.  That Section 54-3405A, Idaho Code, be, and the same is  hereby
 42    amended to read as follows:
                                                                        
 43        54-3405A.  QUALIFICATIONS  FOR LICENSURE FOR LICENSED PASTORAL COUNSELORS.
 44    Licensure as a "licensed pastoral counselor" shall be restricted to persons of
 45    good moral character who have successfully completed  the  following  require-
 46    ments who have applied for licensed pastoral counselors (L.Pas.C.) and:
 47        (1)  Holds  a master of divinity (M.Div.) degree or doctoral degree with a
 48    major in pastoral counseling from an accredited university or religious insti-
 49    tution with a requirement of sixty (60) semester credit  hours  of  counseling
 50    related  courses  in a minimum of eight (8) of the following eleven (11) areas
 51    with the areas of  study  being  specified  by  the  American  association  of
                                                                        
                                           3
                                                                        
  1    pastoral counselors (AAPC):
  2        (a)  Theories of personality and personality development;
  3        (b)  Theories of counseling and psychotherapy;
  4        (c)  Marriage and family dynamics and counseling;
  5        (d)  Group dynamics and counseling;
  6        (e)  Personality, culture and ethics;
  7        (f)  Psychology of religious experience;
  8        (g)  Pastoral assessment and treatment;
  9        (h)  Psychopathology;
 10        (i)  Theories of  pastoral care;
 11        (j)  Research methods;
 12        (k)  Orientation to the helping professions.
 13        (2)  Completion of a practicum of supervised counseling experience of four
 14    hundred (400) contact hours, supervised at a ratio of one (1) hour of supervi-
 15    sion for each ten (10) contact hours.
 16        (3)  Graduate studies shall have been at a university or institution which
 17    has been accredited by one (1) of the following: The middle states association
 18    of  colleges  and secondary schools, the New England state association of col-
 19    leges and secondary schools, the north central  association  of  colleges  and
 20    secondary  schools,  the  northwest  association  of  colleges  and  secondary
 21    schools,  the  southern  association  of colleges and secondary schools or the
 22    western colleges association. The  pastoral  counselor  program  may  also  be
 23    accredited by the association of theological schools (ATS).
 24        (4)  Completion  of  two  thousand  (2,000)  contact hours of postgraduate
 25    supervised counseling experience, with an approved supervisor. Approved super-
 26    visors include an American association of pastoral counselors approved  super-
 27    visor, a licensed pastoral counselor, a licensed psychiatrist, a licensed psy-
 28    chologist,  or  a licensed professional counselor. The ratio of supervision to
 29    contact hours shall be one (1) to twenty (20).
 30        (5)  Successful  completion  of  the  national  counselor  examination  as
 31    required by the board.
 32        (6)  Each licensed pastoral counselor  must  obtain  twenty  (20)  contact
 33    hours  of  continuing  education  in an area that is approved by the board per
 34    year.
 35        (7)  Each licensed pastoral counselor shall adhere to the code  of  ethics
 36    of the American counseling association.
 37        (8)  The  board  shall have the option of employing a consultant to assist
 38    in the review of applications and in disciplinary actions.  The  cost  of  the
 39    consultation shall be included in the fee for the pastoral counselor license.
 40        (9)  The  board may issue licenses to those persons meeting the qualifica-
 41    tions for licensure  as  a  licensed  pastoral  counselor  (L.Pas.C)  and  the
 42    licensed  pastoral  counselor license shall be a separate and distinct license
 43    from the licensed professional counselor license.
 44        (10) For the purposes of this chapter, fees and disciplinary actions,  the
 45    terms  "licensed  pastoral  counselor"  and  "licensed professional counselor"
 46    shall have the same meaning. The board may promulgate rules to  implement  the
 47    provisions  of  this  section  in  compliance with chapter 52, title 67, Idaho
 48    Code.
                                                                        
 49        SECTION 4.  That Section 54-3405B, Idaho Code, be, and the same is  hereby
 50    amended to read as follows:
                                                                        
 51        54-3405B.  CONDITIONAL LICENSE. Any individual of good moral character who
 52    engages  in  the  practice of  counseling as described in this chapter and who
 53    can demonstrate an established practice of three (3) or more  years  may  make
                                                                        
                                           4
                                                                        
  1    application  for a conditional counseling license provided they do not violate
  2    the prohibitions of section 54-3408, Idaho  Code.  The  applicant  shall  have
  3    until  the  year  2002 to complete the requirements of a licensed professional
  4    counselor. The application shall be on a form  prescribed  by  the  board  and
  5    shall be accompanied by a fee to be determined by the board by rule. An appli-
  6    cant for a conditional license shall:
  7        (1)  Possess  a bachelor's degree in a counseling field from an accredited
  8    university or college offering an undergraduate program in counseling; and
  9        (2)  Follow the ethical standards of a licensed professional counselor.
 10    A renewal fee to be determined by the board by rule shall  be  required  annu-
 11    ally.
                                                                        
 12        SECTION  5.  That  Section 54-3406, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        54-3406.  RECIPROCITY ENDORSEMENT. Upon payment of the fee  enumerated  in
 15    this  chapter, the board may grant a license to any person who, at the time of
 16    application, is licensed or certified by an agency located  in  another  state
 17    and  which  is  similar  to  the  counselor licensing board, provided that the
 18    requirements of such certification or licensure are substantially  similar  to
 19    the  requirements of this chapter and who meets the qualifications established
 20    by board rule.
                                                                        
 21        SECTION 6.  That Section 54-3411, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        54-3411.  FEES  ON LICENSURE. The board shall establish fees for licensure
 24    under the provisions of this chapter as follows:
 25        (1)  The fee for applications not to exceed one hundred dollars ($100).
 26        (2)  The fee for examination, when required, equal to that charged by  the
 27    national examining entity.
 28        (3)  The fee for reciprocity endorsement not to exceed one hundred dollars
 29    ($100).
 30        (4)  The  fee  for  the original license not to exceed one hundred dollars
 31    ($100).
 32        (5)  The fee for annual renewal not to exceed sixty dollars ($60.00).
 33        (6)  Fees under subsections (2) or (3) of this section shall be  in  addi-
 34    tion to the application fee.
 35        (7)  All fees paid pursuant to this section shall be nonrefundable.

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                      RS 10488

This legislation adds the term "good moral character" as 
an essential qualification for licensure, the term is 
universally accepted by regulatory bodies and the courts 
as a valid attribute when applied to professional practice 
and the public's protection. This legislation changes the 
term "reciprocity" to "endorsement", "reciprocity" has been 
misused in the statute, as it usually requires written 
agreements between states that agree to "reciprocate licenses.  
The board has not been successful in locating states wishing 
to enter into reciprocity agreements.

The board grants licenses to those licensed in other 
jurisdictions through endorsement, which is a comparison of 
the relevant requirements for licensure to insure 
compatibility with Idaho's requirements.

This change in terminology will clarify the historical 
practice of the board. This legislation clarifies that an 
intern must practice under the supervision of a licensed 
professional counselor in private practice, and allow the 
board to limit and identify said intern ship by rule. This 
legislation also allows the board the discretion to apply 
discipline other than the suspension or revocation of a 
license. This action is taken at the Deputy AG's suggestion 
which will allow the board to enter into consent agreements with 
licensees to assess fines and recover costs rather than being forced 
to go through the hearing process (which is more costly to both 
the board and the licensee; typically $5 - $50 thousand). 

                    FISCAL IMPACT  

There is no fiscal impact to the general fund or dedicated fund.


CONTACT:

Name:  Thomas E. Limbaugh
Agency:  Bureau of Occupational Licenses, Board of
         Licensed Professional Counselors
Phone:  334-3233




STATEMENT OF PURPOSE/FISCAL NOTE             H14