View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0010...........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
COUNSELORS/THERAPISTS - Amends existing law to exempt from the chapter
requirements for counselors and marriage and family therapists the activities
of clergy persons if such activities are within the scope of the performance
of ministerial duties; and to delete the exemption for services provided by
nonprofit organizations or agencies.
01/06 House intro - 1st rdg - to printing
Rpt prt - to St Aff
01/16 Rpt out - Ref'd to Bus
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/13 Ref'd to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 10 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO COUNSELORS AND THERAPISTS; AMENDING SECTION 54-3402, IDAHO CODE, 3 TO EXEMPT FROM CHAPTER REQUIREMENTS THE ACTIVITIES AND SERVICES OF RABBIS, 4 PRIESTS, MINISTERS OR CLERGY PERSONS OF ANY RELIGIOUS DENOMINATION OR SECT 5 PROVIDED SUCH ACTIVITIES AND SERVICES ARE WITHIN THE SCOPE OF THE PERFOR- 6 MANCE OF REGULAR OR SPECIALIZED MINISTERIAL DUTIES AND TO DELETE THE 7 EXEMPTION FOR SERVICES PROVIDED BY NONPROFIT ORGANIZATIONS OR AGENCIES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-3402, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-3402. LICENSE REQUIRED -- EXEMPTIONS. It shall be unlawful for any 12 person to engage in any of the following acts: 13 (1) To practice professional counseling or marriage and family therapy 14 for compensation without first having complied with the provisions of this 15 chapter and without a valid license as required by this chapter. 16 (2) To represent himself/herself to be a licensed professional counselor 17 or licensed counselor or licensed marriage and family therapist unless he/she 18 shall first obtain a license pursuant to this chapter. 19 (3) To make use of any title, words, letters or abbreviations which may 20 reasonably be confused with a designation provided by this chapter. 21 (4) To materially refuse to furnish the board information or records 22 required or requested pursuant to this chapter or pursuant to an investigation 23 commenced pursuant to this chapter. 24 Nothing in this chapter shall be construed to apply to the activities and 25 services of licensed or credentialed members of other professions, such as 26 physicians, psychologists, registered nurses, social workers, drug and alcohol 27 counselors, or attorneys performing duties consistent with the laws of this 28 state, their training, and any code of ethics of their professions, provided 29 they do not represent themselves by any title or practice description in the 30 manner prescribed in section 54-3401, Idaho Code. 31 Nothing in this chapter shall be construed to apply to the activities, 32 services and use of an official title on the part of a person certified by the 33 state to render counseling or marriage and family therapy or counseling- 34 related services, provided such persons are performing these activities within 35 the scope of their employment, including school and vocational counselors. 36 Nothing in this chapter shall be construed to apply to the activities and 37 services of a student or trainee pursuing a course of study in counseling or 38 in marriage and family therapy in a regionally accredited institution of 39 higher education or training institution, if these activities are performed 40 under supervision and constitute a part of the supervised course of study, or 41 of an intern in counseling acting under the direct supervision of a licensed 42 professional counselor in private practice as established and limited by rules 43 of the board, provided, that such person be designated, for example, a 2 1 "counselor intern" or "marriage and family therapy intern." 2 Nothing in this chapter shall be construed to apply to the activities and 3 services of a person obtaining their postgraduate marriage and family therapy 4 clinical experience, provided these activities are provided under supervision, 5 and provided they have registered according to procedures to be established by 6 the board. 7 Nothing in this chapter shall be construed to apply to a nonresident whose 8 counseling or marriage and family therapy activities and services are rendered 9 not more than ten (10) days during any calendar year, provided that such a 10 person is duly authorized to perform such activities and services under the 11 laws of the state or country of that person's residence. 12 Nothing in this chapter shall be construed to apply to the activities and 13 services of a rabbi, priest, minister or clergy person of any religious denom- 14 ination or sector faith-based counseling of any kindprovided such activities 15 and services are within the scope of the performance of regular or specialized 16 ministerial duties. 17Nothing in this chapter shall be construed to apply to the activities and18descriptions of persons offering volunteer or professional services for public19and private nonprofit organizations or agencies for which the services are20rendered.
STATEMENT OF PURPOSE
RS 12363
54-3402 clarifying the exemption for faith based organizations that
provide services and deleting the exemption for services provided
by non-profit organizations.
FISCAL IMPACT
There will be no impact on General or Dedicated Funds.
CONTACT
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Phone: 334-3233
Statement of Purpose/Fiscal Impact H10