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S1039.................................................by HEALTH AND WELFARE
MARRIAGE AND FAMILY THERAPISTS - LICENSURE - Amends and adds to existing
law to further define terms; to provide for licensure of marriage and
family therapists and to provide exemptions; to provide for the Idaho State
Licensing Board of Professional Counselors and Marriage and Family
Therapists; to provide for membership and powers of the Idaho State
Licensing Board of Professional Counselors and Marriage and Family
Therapists; to provide for endorsement; to provide prohibited acts
regarding a licensed marriage and family therapist or practicing or
attempting to offer to practice marriage and family therapy; to provide for
privilege from disclosure of confidential communications between
professional counselors or marriage and family therapists and clients; to
provide a fee for endorsement; and to provide powers and duties of the
Bureau of Occupational Licenses.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to Health/Wel
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 32-0-3
AYES -- Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Andreason, Danielson, Noh
Floor Sponsor -- Stegner
Title apvd - to House
02/21 House intro - 1st rdg - to Health/Wel
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 63-0-7
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Deal,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Lake, Langford, Loertscher, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail,
Wheeler, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Barrett, Boe, Cuddy, Denney, Kunz, Mader, Wood
Floor Sponsor -- Sali
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Governor
03/22 Governor signed
Session Law Chapter 71
Effective: 03/22/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1039
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; REPEALING SECTION 54-3410, IDAHO CODE; AMENDING SECTION 54-3410A,
19 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE FOR PRIVILEGE FROM
20 DISCLOSURE OF CONFIDENTIAL COMMUNICATIONS BETWEEN PROFESSIONAL COUNSELORS,
21 MARRIAGE AND FAMILY THERAPISTS AND CLIENTS; AMENDING SECTION 54-3410B,
22 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE FOR INFORMATION DIS-
23 CLOSURE TO CLIENTS BY MARRIAGE AND FAMILY THERAPISTS; AMENDING SECTION
24 54-3411, IDAHO CODE, TO PROVIDE A FEE FOR ENDORSEMENT; AMENDING SECTION
25 54-3414, IDAHO CODE, TO PROVIDE POWERS AND DUTIES OF THE BUREAU OF OCCUPA-
26 TIONAL LICENSES; AND DECLARING AN EMERGENCY.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That the Heading for Chapter 34, Title 54, Idaho Code, be, and
29 the same is hereby amended to read as follows:
30 CHAPTER 34
31 PROFESSIONAL COUNSELORS FOR INDEPENDENT PRACTICE 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 or marriage and family therapy
48 for compensation without first having complied with the provisions of this
49 chapter 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) six (6) 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
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. Upon the effective date of this act, the governor shall also initially
8 appoint to the board one (1) person eligible for licensure as a marriage and
9 family therapist for a term of four (4) years, and one (1) person eligible for
10 licensure as both a professional counselor and a marriage and family therapist
11 for a term of four (4) years.
12 (3) When the initial term of each member ends, the governor shall appoint
13 the successor for a term of four (4) years from qualified candidates. Any
14 vacancy occurring on the board shall be filled by the governor by appointment
15 for the unexpired term. The governor may remove any board member for miscon-
16 duct, incompetency, or neglect of duty after giving the board member written
17 notice of the charges and an opportunity to be heard thereon.
18 (4) At all times, the board shall have two (2) members who are licensed
19 as professional counselors and who are engaged primarily in rendering counsel-
20 ing service; one (1) member who is engaged or has been engaged primarily in
21 teaching, training or research in higher education in counseling or marriage
22 and family therapy; one (1) member who is licensed or is eligible for licen-
23 sure as both a professional counselor and a marriage and family therapist and
24 who is engaged primarily in rendering marriage and family therapy or marriage
25 and family counseling; one (1) member who is licensed as a marriage and family
26 therapist and who is engaged primarily in rendering marriage and family ther-
27 apy; and one (1) member from the general public. Except for the initial
28 appointment, all members of the board except the member from the general pub-
29 lic shall be licensed under this chapter.
30 (5) The first appointees, other than the member from the general public,
31 must meet the qualifications for licensure and shall become licensed profes-
32 sional counselors under the provisions of this act immediately upon their
33 appointment as members of the board.
34 (6) No board member shall serve more than two (2) full consecutive terms.
35 (7) The members of the board shall be compensated as provided in section
36 59-509(m), Idaho Code.
37 (8) The board shall within sixty (60) days after the effective date of
38 this chapter, and annually thereafter hold a meeting and elect a chairman,
39 vice-chairman vice chairman and secretary from among its members. The board
40 shall meet at such other times as deemed necessary and advisable by the chair-
41 man, or by a majority of its members, or by the governor. Notice of all meet-
42 ings shall be given in the manner prescribed by law. A majority of the board
43 shall constitute a quorum at any meeting or hearing.
44 (9) The secretary of the board shall take and maintain the minutes of the
45 board proceedings.
46 SECTION 5. That Section 54-3404, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 54-3404. COUNSELOR IDAHO STATE LICENSING BOARD OF PROFESSIONAL COUNSELORS
49 AND MARRIAGE AND FAMILY THERAPISTS -- POWERS. The board shall have the follow-
50 ing powers:
51 (1) To regulate the practice of licensed counselors and licensed profes-
52 sional counselors and licensed marriage and family therapists in the state of
53 Idaho.
5
1 (2) To pass upon the qualifications and fitness of applicants for
2 licenses.
3 (3) To adopt and from time to time revise such rules and regulations as
4 may be necessary to carry into effect the provisions of this chapter. Such
5 rules and regulations shall include, but not be limited to, a code of ethics
6 for licensed counselors and a code of ethics for marriage and family
7 therapists in the state, which shall be adopted in compliance with chapter 52,
8 title 67, Idaho Code.
9 (4) To review the practice of counselors and marriage and family
10 therapists licensed under this chapter and charged with a violation of the
11 provisions of this chapter. This review may include the notes of the counselor
12 license holder and other materials related to the practice. The review will
13 remain subject to disclosure according to chapter 3, title 9, Idaho Code,
14 unless the written consent of the client is received by the board.
15 (5) To establish a peer review system whereby each licensed counselor's
16 license holder's practice may be reviewed to ensure continuing practice in an
17 appropriate and ethical manner.
18 (6) To examine for, deny, approve, issue, revoke, suspend and renew the
19 licenses of counselor applicants pursuant to this chapter, and to conduct
20 hearings in connection therewith.
21 (7) To conduct hearings to suspend or revoke licenses for violations of
22 the law and rules and regulations adopted pursuant to this chapter and cause
23 the prosecution and enjoinder of all such violations.
24 (8) In any proceeding before the board authorized by this chapter, the
25 board or its designee may administer oaths or affirmations to witnesses
26 appearing before it.
27 (9) To authorize, by written agreement, the chief of the bureau of occu-
28 pational licenses as agent to act in its interest.
29 (10) To provide, by rule, licensed professional counselor and licensed
30 marriage and family therapist specialty standards.
31 SECTION 6. That Chapter 34, Title 54, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 54-3405C, Idaho Code, and to read as follows:
34 54-3405C. QUALIFICATIONS FOR LICENSURE. Licensure as a "licensed marriage
35 and family therapist" shall be restricted to persons who have successfully
36 completed each of the following requirements:
37 (1) A graduate degree which consists of at least sixty (60) semester
38 hours or ninety (90) quarter credits in marriage and family therapy from a
39 program accredited by the commission on accreditation for marriage and family
40 therapy education, or a marriage and family counseling or therapy program
41 which is accredited by the council for accreditation of counseling and related
42 educational programs, or a graduate degree from a regionally accredited educa-
43 tional institution and an equivalent course of study as approved by the board.
44 The course of study for any graduate degree shall include a minimum of thirty-
45 nine (39) semester credits in the following areas:
46 (a) Marriage and family studies -- nine (9) semester credit minimum.
47 Studies in this area shall include:
48 (i) Theoretical foundations, history, philosophy, etiology and con-
49 temporary conceptual directions of marriage and family therapy or
50 marriage and family counseling;
51 (ii) Family systems theories and other relevant theories and their
52 application in working with a wide variety of family structures,
53 including families in transition, nontraditional families and blended
6
1 families, and a diverse range of presenting issues; and
2 (iii) Preventative approaches, including premarital counseling, par-
3 ent skill training and relationship enhancement, for working with
4 couples, families, individuals, subsystems and other systems.
5 (b) Marriage and family therapy -- nine (9) semester credit minimum.
6 Studies in this area shall include:
7 (i) The practice of marriage and family therapy related to theory,
8 and a comprehensive survey and substantive understanding of the major
9 models of marriage and family therapy or marriage and family counsel-
10 ing; and
11 (ii) Interviewing and assessment skills for working with couples,
12 families, individuals, subsystems and other systems, and skills in
13 the appropriate implementation of systematic interventions across a
14 variety of presenting clinical issues including, but not limited to,
15 socioeconomic disadvantage, abuse and addiction.
16 (c) Human development -- nine (9) semester credit minimum. Studies in
17 this area shall include:
18 (i) Individual development and transitions across the life span;
19 (ii) Family, marital and couple life cycle development and family
20 relationships, family of origin and intergenerational influences,
21 cultural influences, ethnicity, race, socioeconomic status, religious
22 beliefs, gender, sexual orientation, social and equity issues and
23 disability;
24 (iii) Human sexual development, function and dysfunction, impacts on
25 individuals, couples and families, and strategies for intervention
26 and resolution; and
27 (iv) Issues of violence, abuse and substance use in a relational
28 context, and strategies for intervention and resolution.
29 (d) Psychological and mental health competency -- six (6) semester credit
30 minimum. Studies in this area shall include:
31 (i) Psychopathology, including etiology, assessment, evaluation and
32 treatment of mental disorders, use of the current diagnostic and sta-
33 tistical manual of mental disorders, differential diagnosis and
34 multiaxial diagnosis;
35 (ii) Standard mental health diagnostic assessment methods and
36 instruments, including standardized tests; and
37 (iii) Psychotropic medications and the role of referral to and coop-
38 eration with other mental health practitioners in treatment planning,
39 and case management skills for working with individuals, couples and
40 families.
41 (e) Professional ethics and identity -- three (3) semester credit mini-
42 mum. Studies in this area shall include:
43 (i) Professional identity, including professional socialization,
44 professional organizations, training standards, credentialing bodies,
45 licensure, certification, practice settings and collaboration with
46 other disciplines;
47 (ii) Ethical and legal issues related to the practice of marriage
48 and family therapy, legal responsibilities of marriage and family
49 therapy and marriage and family counseling practice and research,
50 business aspects, reimbursement, recordkeeping, family law, confiden-
51 tiality issues and the relevant codes of ethics, including the code
52 of ethics specified by the board; and
53 (iii) The interface between therapist responsibility and the profes-
54 sional, social and political context of treatment.
55 (f) Research -- three (3) semester credit minimum. Studies in this area
7
1 shall include:
2 (i) Research in marriage and family therapy or marriage and family
3 counseling and its application to working with couples and families;
4 and
5 (ii) Research methodology, quantitative and qualitative methods,
6 statistics, data analysis, ethics and legal considerations of con-
7 ducting research, and evaluation of research.
8 (2) Completion of a one (1) year practicum of supervised marriage and
9 family therapy experience, consisting of a minimum of three hundred (300)
10 direct client contact hours, of which one hundred fifty (150) hours shall be
11 with couples or families, as part of the graduate program.
12 (3) Supervised experience in marriage and family therapy of three thou-
13 sand (3,000) hours, acceptable to the board as defined by rule. A minimum of
14 two hundred (200) hours of supervision of the postgraduate experience. Super-
15 vision may be provided by a clinical member of the American association for
16 marriage and family therapy, by a licensed marriage and family therapist, or
17 another qualified licensed professional as determined by the board who has a
18 minimum of five (5) years experience providing marriage and family therapy,
19 including: a licensed professional counselor, private practice; psychologist;
20 certified social worker, private and independent practice; or psychiatrist.
21 (4) Successful completion of a written examination as approved by the
22 board and defined by rule.
23 (5) Once licensed, a licensed marriage and family therapist shall obtain
24 twenty (20) hours of continuing education per year as approved by the board.
25 (6) From the effective date of this section until June 30, 2003, any per-
26 son who meets the educational qualifications for an appropriate graduate
27 degree, as defined by the board, from an accredited educational institution so
28 recognized at the time of granting such degree, and who demonstrates three
29 thousand (3,000) hours of postgraduate experience providing marriage and fam-
30 ily therapy may upon application, finding of fitness, and payment of fees, be
31 issued a marriage and family therapist license. In determining if the educa-
32 tion and experience qualifications have been met, the board may consider a
33 current clinical membership in the American association of marriage and family
34 therapy or the national association of certified family therapy, or membership
35 in or certification by another appropriate professional organization, as
36 defined by the board, to be sufficient demonstration of the qualifications,
37 and may issue a marriage and family therapy license.
38 (7) A license or conditional license will not be allowed an individual
39 whose license, certification or registration has been revoked or suspended in
40 this or any other state and in this or any other related field. Such an indi-
41 vidual may not be licensed under this chapter unless the period of revocation
42 or suspension has been completed and the board has conducted a competency
43 review and determined that an acceptable degree of rehabilitation has been
44 accomplished.
45 SECTION 7. That Section 54-3406, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 54-3406. RECIPROCITY ENDORSEMENT. Upon payment of the fee enumerated in
48 this chapter, the board may grant a license to any person who, at the time of
49 application, is licensed or certified as a professional counselor or marriage
50 and family therapist by an agency located in another state and which is simi-
51 lar to the counselor state licensing board, provided that the requirements of
52 such certification or licensure are substantially similar to the requirements
53 of this chapter.
8
1 SECTION 8. That Section 54-3408, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-3408. CERTAIN ACTS PROHIBITED. The following acts shall be unlawful
4 and punishable as a misdemeanor:
5 (1) The violation of any of the provisions of this chapter and any rules
6 promulgated pursuant thereto;
7 (2) A person representing himself to be a licensed counselor or licensed
8 professional counselor or licensed marriage and family therapist without hav-
9 ing first complied with the provisions of this chapter;
10 (3) A person who shall practice or attempt to offer to practice profes-
11 sional counseling or marriage and family therapy, as defined in this chapter,
12 without having at the time of so doing, a valid, unexpired, unrevoked and
13 unsuspended license or conditional license issued under this chapter or the
14 laws of Idaho or any other state governing mental health professionals.
15 SECTION 9. That Section 54-3410, Idaho Code, be, and the same is hereby
16 repealed.
17 SECTION 10. That Section 54-3410A, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 54-3410A. CONFIDENTIAL COMMUNICATION. Confidentiality of communication
20 between any person licensed counselor under this chapter and client shall be
21 privileged from disclosure as provided in section 9-203, Idaho Code, with the
22 exception of the board of review provided in section 54-3404, Idaho Code.
23 SECTION 11. That Section 54-3410B, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 54-3410BA. INFORMATION DISCLOSURE TO CLIENTS. Persons licensed under this
26 chapter shall provide clients at the beginning of treatment with accurate dis-
27 closure information concerning their practice, including the right of clients
28 to refuse treatment, the responsibility of clients for choosing the provider
29 and treatment modality, and the extent of confidentiality. The disclosure
30 information provided by the counselor or the marriage and family therapist,
31 the receipt of which shall be acknowledged in writing by the counselor and
32 client, or the marriage and family therapist and client, shall include any
33 relevant education and training, the therapeutic orientation of the practice,
34 modalities or treatment utilized, and all financial requirements. The disclo-
35 sure information shall include a statement that licensure of an individual
36 under this chapter does not imply endorsement by the counselor licensing board
37 nor effectiveness of treatment.
38 SECTION 12. That Section 54-3411, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 54-3411. FEES ON LICENSURE. The board shall establish fees for licensure
41 under the provisions of this chapter as follows:
42 (1) The fee for applications not to exceed one hundred dollars ($100).
43 (2) The fee for examination, when required, equal to that charged by the
44 national examining entity.
45 (3) The fee for reciprocity endorsement not to exceed one hundred dollars
46 ($100).
47 (4) The fee for the original license not to exceed one hundred dollars
9
1 ($100).
2 (5) The fee for annual renewal not to exceed sixty dollars ($60.00).
3 (6) Fees under subsections (2) or (3) of this section shall be in addi-
4 tion to the application fee.
5 (7) All fees paid pursuant to this section shall be nonrefundable.
6 SECTION 13. That Section 54-3414, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-3414. POWERS AND DUTIES OF BUREAU OF OCCUPATIONAL LICENSES. The bureau
9 of occupational licenses shall have the following powers and duties:
10 (1) To accept applications for and issue licenses to counselors and mar-
11 riage and family therapists pursuant to requirements of this chapter.
12 (2) To maintain in a registry appropriate for that purpose a public
13 record of all applications for licenses, the action of the department thereon,
14 of all licenses issued and of all licenses revoked or forfeited with the rea-
15 sons for such revocation or forfeiture and of all renewals.
16 (3) To forward complaints against a licensed professional counselor or a
17 marriage and family therapist to the state counselor licensing board for
18 review and investigation.
19 (4) To assist in the investigation and prosecution of complaints filed
20 against a counselor or a marriage and family therapist under section 54-3408,
21 Idaho Code.
22 (5) At the discretion of the chief of the bureau and upon apparent fail-
23 ure or refusal of the state counselor licensing board to investigate or prose-
24 cute a complaint against a counselor or a marriage and family therapist, to
25 investigate the complaint and forward the report of investigation to the state
26 counselor licensing board and upon apparent failure or refusal of the state
27 counselor licensing board to take further action, to file an action in the
28 district court under section 54-3408, Idaho Code, against a counselor or a
29 marriage and family therapist violating the terms of this chapter.
30 SECTION 14. An emergency existing therefor, which emergency is hereby
31 declared to exist, this act shall be in full force and effect on and after its
32 passage and approval.
STATEMENT OF PURPOSE/FISCAL NOTE S 1039STATEMENT OF PURPOSE RS 10648 The purpose of this legislation is to provide for the licensing of Marriage and family Therapist practicing in Idaho, and adds the profession of marriage and family therapists to the licensing board of professional counselors. The legislation provides qualifications for licensure including educational requirements. 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 SelfGoverning Agencies, by the Bureau of Occupational licenses. FISCAL IMPACT There would be no impact to the general Fend. The legislation establishes licensing fees that will cover administrative costs. Contact: Name: Roberta Crockett, M.A. Phone: 345-1022 Ed Lodge Phone: 342-0777 Senator Joe Stegner Phone: 332-1340