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H0016...........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
COUNSELORS - THERAPISTS - Amends existing law to define "pastoral counselor";
and to revise continuing education requirements and exemptions for counselors
and marriage and family therapists.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 16 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS; AMENDING SECTION 3 54-3401, IDAHO CODE, TO REVISE DEFINITIONS AND TO DEFINE "PASTORAL COUN- 4 SELOR"; AMENDING SECTION 54-3402, IDAHO CODE, TO EXEMPT FROM LICENSURE 5 REQUIREMENTS PERSONS OBTAINING POSTGRADUATE COUNSELING EXPERIENCE AND PER- 6 SONS PROVIDING SERVICES UNDER THE DIRECT SUPERVISION AND CONTROL OF 7 LICENSED COUNSELORS OR THERAPISTS, TO DELETE OBSOLETE TERMINOLOGY AND TO 8 PROVIDE A REFERENCE TO PASTORAL COUNSELORS; AMENDING SECTION 54-3404, 9 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE REFERENCES TO 10 PASTORAL COUNSELORS AND TO AUTHORIZE THE BOARD TO ADOPT RULES REQUIRING 11 CONTINUING EDUCATION AS A CONDITION FOR LICENSE RENEWAL; AMENDING SECTION 12 54-3405A, IDAHO CODE, TO DELETE CERTAIN CONTINUING EDUCATION REQUIREMENTS 13 FOR PASTORAL COUNSELORS, TO DELETE OBSOLETE TERMINOLOGY, TO MAKE A GRAM- 14 MATICAL CHANGE AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 15 54-3405C, IDAHO CODE, TO DELETE CERTAIN CONTINUING EDUCATION REQUIREMENTS, 16 TO DELETE OBSOLETE TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 54-3401, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-3401. DEFINITIONS. As used in this chapter: 21 (1) "Board" means the Idaho state licensing board of professional coun- 22 selors and marriage and family therapists. 23 (2) "Bureau chief" means the chief of the bureau of occupational licenses 24 of the state of Idaho. 25 (3) "Department" means the department of self-governing agencies of the 26 state of Idaho. 27 (4) "Licensed mMarriage and family therapist" means any person licensed 28 under this chapter to practice marriage and family therapy as defined in this 29 chapter. 30 (5)"Licensed professional counselor" means any person licensed under31this chapter to practice professional counseling as defined in this chapter.32(6)"Marriage and family therapy" means the evaluation and treatment of 33 mental and emotional disorders, whether cognitive, affective or behavioral, 34 within the context of marriage and family systems. Marriage and family therapy 35 includes the professional application of psychotherapeutic and family systems 36 theories and techniques in the delivery of services to individuals, couples 37 and families for the purpose of treating nervous and mental disorders. 38 (6) "Pastoral counselor" means any person licensed as a pastoral coun- 39 selor under this chapter to practice counseling, as defined by board rule. 40 (7) "Practice of marriage and family therapy" means the rendering of pro- 41 fessional marriage and family therapy services to individuals, couples and 42 families, singly or in groups, whether such services are offered directly to 43 the general public or through organizations, either public or private. 2 1 (8) "Practice of professional counseling" means the application of mental 2 health, psychological, and human development principles in order to facilitate 3 human development and adjustment throughout the life span; prevent, assess, 4 and treat mental, emotional or behavioral disorders and associated distresses 5 which interfere with mental health; conduct assessments for the purpose of 6 establishing treatment goals and objectives; and plan, implement and evaluate 7 treatment plans using counseling treatment interventions. "Counseling treat- 8 ment interventions" means the application of cognitive, affective, behavioral, 9 and systemic counseling strategies, which include principles of development, 10 wellness and pathology that reflect a pluralistic society. Such interventions 11 are specifically implemented in the context of a professional counseling rela- 12 tionship. 13 The practice of professional counseling includes, but is not limited to: 14 (a) Individual, group, marriage and family counseling and therapy; 15 (b) Assessment; 16 (c) Crisis intervention; 17 (d) Treatment of persons with mental and emotional disorders; 18 (e) Guidance and consulting to facilitate normal growth and development, 19 including educational and career development; 20 (f) Utilization of functional assessment and counseling for persons 21 requesting assistance in adjustment to a disability or handicapping condi- 22 tion; 23 (g) Consulting; 24 (h) Research; and 25 (i) Referral. 26 The use of specific methods, techniques, or modalities within the practice 27 of professional counseling is restricted to professional counselors appropri- 28 ately trained in the use of such methods, techniques or modalities. 29 (9) "Professional counselor" means any person licensed under this chapter 30 to practice professional counseling as defined in this chapter. 31 SECTION 2. That Section 54-3402, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 54-3402. LICENSE REQUIRED -- EXEMPTIONS. It shall be unlawful for any 34 person to engage in any of the following acts: 35 (1) To practice professional counseling or marriage and family therapy 36 for compensation without first having complied with the provisions of this 37 chapter and without a valid license as required by this chapter. 38 (2) To represent himself/herself to be alicensedprofessional counselor, 39or licensed counselor or licensedmarriage and family therapist or pastoral 40 counselor unless he/she shall first obtain a license pursuant to this chapter. 41 (3) To make use of any title, words, letters or abbreviations which may 42 reasonably be confused with a designation provided by this chapter. 43 (4) To materially refuse to furnish the board information or records 44 required or requested pursuant to this chapter or pursuant to an investigation 45 commenced pursuant to this chapter. 46 Nothing in this chapter shall be construed to apply to the activities and 47 services of licensed or credentialed members of other professions, such as 48 physicians, psychologists, registered nurses, social workers, drug and alcohol 49 counselors, or attorneys performing duties consistent with the laws of this 50 state, their training, and any code of ethics of their professions, provided 51 they do not represent themselves by any title or practice description in the 52 manner prescribed in section 54-3401, Idaho Code. 53 Nothing in this chapter shall be construed to apply to the activities, 54 services and use of an official title on the part of a person certified by the 3 1 state to render counseling or marriage and family therapy or counseling- 2 related services, provided such persons are performing these activities within 3 the scope of their employment, including school and vocational counselors. 4 Nothing in this chapter shall be construed to apply to the activities and 5 services of a student or trainee pursuing a course of study in counseling or 6 in marriage and family therapy in a regionally accredited institution of 7 higher education or training institution, if these activities are performed 8 under supervision and constitute a part of the supervised course of study, or 9 of an intern in counseling acting under the direct supervision of alicensed10 professional counselor in private practice as established and limited by rules 11 of the board, provided, that such person be designated, for example, a 12 "counselor intern" or "marriage and family therapy intern." 13 Nothing in this chapter shall be construed to apply to the activities and 14 services of a person obtaining their postgraduate counseling experience or 15 marriage and family therapy clinical experience, provided these activities are 16 provided under supervision, and provided they have registered according to 17 procedures to be established by the board. 18 Nothing in this chapter shall be construed to prevent unlicensed persons 19 from providing services under the direct supervision and control of a profes- 20 sional counselor, marriage and family therapist or pastoral counselor under 21 such rules as may be established by the board. 22 Nothing in this chapter shall be construed to apply to a nonresident whose 23 counseling or marriage and family therapy activities and services are rendered 24 not more than ten (10) days during any calendar year, provided that such a 25 person is duly authorized to perform such activities and services under the 26 laws of the state or country of that person's residence. 27 Nothing in this chapter shall be construed to apply to the activities and 28 services of any religious denomination or sect or faith-based counseling of 29 any kind. 30 Nothing in this chapter shall be construed to apply to the activities and 31 descriptions of persons offering volunteer or professional services for public 32 and private nonprofit organizations or agencies for which the services are 33 rendered. 34 SECTION 3. That Section 54-3404, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 54-3404. IDAHO STATE LICENSING BOARD OF PROFESSIONAL COUNSELORS AND MAR- 37 RIAGE AND FAMILY THERAPISTS -- POWERS. The board shall have the following 38 powers: 39 (1) To regulate the practice oflicensed counselors and licensedprofes- 40 sional counselors,and licensedmarriage and family therapists and pastoral 41 counselors in the state of Idaho. 42 (2) To pass upon the qualifications and fitness of applicants for 43 licenses and to adopt rules requiring annual continuing education as a condi- 44 tion for the renewal of licenses issued under this chapter. 45 (3) To adopt and from time to time revise such rules as may be necessary 46 to carry into effect the provisions of this chapter. Such rules shall include, 47 but not be limited to, a code of ethics forlicensedprofessional counselors 48 and a code of ethics for marriage and family therapists in the state, which 49 shall be adopted in compliance with chapter 52, title 67, Idaho Code. 50 (4) To review the practice of professional counselors, pastoral counsel- 51 ors and marriage and family therapists licensed under this chapter and charged 52 with a violation of the provisions of this chapter. This review may include 53 the notes of the license holder and other materials related to the practice. 54 The review will remain subject to disclosure according to chapter 3, title 9, 4 1 Idaho Code, unless the written consent of the client is received by the board. 2 (5) To establish a peer review system whereby each license holder's prac- 3 tice may be reviewed to ensure continuing practice in an appropriate and ethi- 4 cal manner. 5 (6) To examine for, deny, approve, issue, revoke, suspend and renew the 6 licenses of applicants pursuant to this chapter, and to conduct hearings in 7 connection therewith. 8 (7) To conduct hearings to suspend or revoke licenses for violations of 9 the law and rules adopted pursuant to this chapter and cause the prosecution 10 and enjoinder of all such violations. 11 (8) In any proceeding before the board authorized by this chapter, the 12 board or its designee may administer oaths or affirmations to witnesses 13 appearing before it. 14 (9) To authorize, by written agreement, the chief of the bureau of occu- 15 pational licenses as agent to act in its interest. 16 (10) To provide, by rule,licensedprofessional counselor andlicensed17 marriage and family therapist specialty standards. 18 SECTION 4. That Section 54-3405A, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-3405A. QUALIFICATIONS FOR LICENSURE FOR LICENSED PASTORAL COUNSELORS. 21 (1) Licensure as a"licensed"pastoral counselor" shall be restricted to per- 22 sons of good moral characterwho have successfully completed the following23requirementswho have applied forlicensedpastoral counselorslicensure 24 (L.Pas.C.) and who have successfully completed the following requirements: 25 (1a) Holds a master of divinity (M.Div.) degree or doctoral degree with a 26 major in pastoral counseling from an accredited university or religious 27 institution with a requirement of sixty (60) semester credit hours of 28 counseling related courses in a minimum of eight (8) of the following 29 eleven (11) areas with the areas of study being specified by the American 30 association of pastoral counselors (AAPC): 31 (ai) Theories of personality and personality development; 32 (bii) Theories of counseling and psychotherapy; 33 (ciii) Marriage and family dynamics and counseling; 34 (div) Group dynamics and counseling; 35 (ev) Personality, culture and ethics; 36 (fvi) Psychology of religious experience; 37 (gvii) Pastoral assessment and treatment; 38 (hviii) Psychopathology; 39 (ix) Theories of pastoral care; 40 (jx) Research methods; 41 (kxi) Orientation to the helping professions. 42 (2b) Completion of a practicum of supervised counseling experience of 43 four hundred (400) contact hours, supervised at a ratio of one (1) hour of 44 supervision for each ten (10) contact hours. 45 (3c) Graduate studies shall have been at a university or institution 46 which has been accredited by one (1) of the following: The middle states 47 association of colleges and secondary schools, the New England state asso- 48 ciation of colleges and secondary schools, the north central association 49 of colleges and secondary schools, the northwest association of colleges 50 and secondary schools, the southern association of colleges and secondary 51 schools or the western colleges association. The pastoral counselor pro- 52 gram may also be accredited by the association of theological schools 53 (ATS). 54 (4d) Completion of two thousand (2,000) contact hours of postgraduate 5 1 supervised counseling experience, with an approved supervisor. Approved 2 supervisors include an American association of pastoral counselors 3 approved supervisor, a licensed pastoral counselor, a licensed psychia- 4 trist, a licensed psychologist, or a licensed professional counselor. The 5 ratio of supervision to contact hours shall be one (1) to twenty (20). 6 (5e) Successful completion of the national counselor examination as 7 required by the board. 8(6) Each licensed pastoral counselor must obtain twenty (20) contact9hours of continuing education in an area that is approved by the board per10year.11 (72) Eachlicensedpastoral counselor shall adhere to the code of ethics 12 of the American counseling association. 13 (83) The board shall have the option of employing a consultant to assist 14 in the review of applications and in disciplinary actions. The cost of the 15 consultation shall be included in the fee for the pastoral counselor license. 16 (94) The board may issue licenses to those persons meeting the qualifica- 17 tions for licensure as alicensedpastoral counselor (L.Pas.C.) and the 18licensedpastoral counselor license shall be a separate and distinct license 19 from thelicensedprofessional counselor license. 20 (105)For the purposes of this chapter, fees and disciplinary actions,21the terms "licensed pastoral counselor" and "licensed professional counselor"22shall have the same meaning.The board may promulgate rules to implement the 23 provisions of this section in compliance with chapter 52, title 67, Idaho 24 Code. 25 SECTION 5. That Section 54-3405C, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 54-3405C. QUALIFICATIONS FOR LICENSURE. Licensure as a"licensed"mar- 28 riage and family therapist" shall be restricted to persons who have success- 29 fully completed each of the following requirements: 30 (1) A graduate degree which consists of at least sixty (60) semester 31 hours or ninety (90) quarter credits in marriage and family therapy from a 32 program accredited by the commission on accreditation for marriage and family 33 therapy education, or a marriage and family counseling or therapy program 34 which is accredited by the council for accreditation of counseling and related 35 educational programs, or a graduate degree from a regionally accredited educa- 36 tional institution and an equivalent course of study as approved by the board. 37 The course of study for any graduate degree shall include a minimum of thirty- 38 nine (39) semester credits in the following areas: 39 (a) Marriage and family studies -- nine (9) semester credit minimum. 40 Studies in this area shall include: 41 (i) Theoretical foundations, history, philosophy, etiology and con- 42 temporary conceptual directions of marriage and family therapy or 43 marriage and family counseling; 44 (ii) Family systems theories and other relevant theories and their 45 application in working with a wide variety of family structures, 46 including families in transition, nontraditional families and blended 47 families, and a diverse range of presenting issues; and 48 (iii)PreventativePreventive approaches, including premarital coun- 49 seling, parent skill training and relationship enhancement, for work- 50 ing with couples, families, individuals, subsystems and other sys- 51 tems. 52 (b) Marriage and family therapy -- nine (9) semester credit minimum. 53 Studies in this area shall include: 54 (i) The practice of marriage and family therapy related to theory, 6 1 and a comprehensive survey and substantive understanding of the major 2 models of marriage and family therapy or marriage and family counsel- 3 ing; and 4 (ii) Interviewing and assessment skills for working with couples, 5 families, individuals, subsystems and other systems, and skills in 6 the appropriate implementation of systematic interventions across a 7 variety of presenting clinical issues including, but not limited to, 8 socioeconomic disadvantage, abuse and addiction. 9 (c) Human development -- nine (9) semester credit minimum. Studies in 10 this area shall include: 11 (i) Individual development and transitions across the life span; 12 (ii) Family, marital and couple life cycle development and family 13 relationships, family of origin and intergenerational influences, 14 cultural influences, ethnicity, race, socioeconomic status, religious 15 beliefs, gender, sexual orientation, social and equity issues and 16 disability; 17 (iii) Human sexual development, function and dysfunction, impacts on 18 individuals, couples and families, and strategies for intervention 19 and resolution; and 20 (iv) Issues of violence, abuse and substance use in a relational 21 context, and strategies for intervention and resolution. 22 (d) Psychological and mental health competency -- six (6) semester credit 23 minimum. Studies in this area shall include: 24 (i) Psychopathology, including etiology, assessment, evaluation and 25 treatment of mental disorders, use of the current diagnostic and sta- 26 tistical manual of mental disorders, differential diagnosis and 27 multiaxial diagnosis; 28 (ii) Standard mental health diagnostic assessment methods and 29 instruments, including standardized tests; and 30 (iii) Psychotropic medications and the role of referral to and coop- 31 eration with other mental health practitioners in treatment planning, 32 and case management skills for working with individuals, couples and 33 families. 34 (e) Professional ethics and identity -- three (3) semester credit mini- 35 mum. Studies in this area shall include: 36 (i) Professional identity, including professional socialization, 37 professional organizations, training standards, credentialing bodies, 38 licensure, certification, practice settings and collaboration with 39 other disciplines; 40 (ii) Ethical and legal issues related to the practice of marriage 41 and family therapy, legal responsibilities of marriage and family 42 therapy and marriage and family counseling practice and research, 43 business aspects, reimbursement, recordkeeping, family law, confiden- 44 tiality issues and the relevant codes of ethics, including the code 45 of ethics specified by the board; and 46 (iii) The interface between therapist responsibility and the profes- 47 sional, social and political context of treatment. 48 (f) Research -- three (3) semester credit minimum. Studies in this area 49 shall include: 50 (i) Research in marriage and family therapy or marriage and family 51 counseling and its application to working with couples and families; 52 and 53 (ii) Research methodology, quantitative and qualitative methods, 54 statistics, data analysis, ethics and legal considerations of con- 55 ducting research, and evaluation of research. 56 (2) Completion of a one (1) year practicum of supervised marriage and 7 1 family therapy experience, consisting of a minimum of three hundred (300) 2 direct client contact hours, of which one hundred fifty (150) hours shall be 3 with couples or families, as part of the graduate program. 4 (3) Supervised experience in marriage and family therapy of three thou- 5 sand (3,000) hours, acceptable to the board as defined by rule. A minimum of 6 two hundred (200) hours of supervision of the postgraduate experience. Super- 7 vision may be provided by a clinical member of the American association for 8 marriage and family therapy, by a licensed marriage and family therapist, or 9 another qualified licensed professional as determined by the board who has a 10 minimum of five (5) years experience providing marriage and family therapy, 11 including: a licensed professional counselor, private practice; psychologist; 12 certified social worker, private and independent practice; or psychiatrist. 13 (4) Successful completion of a written examination as approved by the 14 board and defined by rule. 15 (5)Once licensed, a licensed marriage and family therapist shall obtain16twenty (20) hours of continuing education per year as approved by the board.17(6)From the effective date of this section until June 30, 2003, any per- 18 son who meets the educational qualifications for an appropriate graduate 19 degree, as defined by the board, from an accredited educational institution so 20 recognized at the time of granting such degree, and who demonstrates three 21 thousand (3,000) hours of postgraduate experience providing marriage and fam- 22 ily therapy may upon application, finding of fitness, and payment of fees, be 23 issued a marriage and family therapist license. In determining if the educa- 24 tion and experience qualifications have been met, the board may consider a 25 current clinical membership in the American association of marriage and family 26 therapy or the national association of certified family therapy, or membership 27 in or certification by another appropriate professional organization, as 28 defined by the board, to be sufficient demonstration of the qualifications, 29 and may issue a marriage and family therapy license. 30 (76) A license or conditional license will not be allowed an individual 31 whose license, certification or registration has been revoked or suspended in 32 this or any other state and in this or any other related field. Such an indi- 33 vidual may not be licensed under this chapter unless the period of revocation 34 or suspension has been completed and the board has conducted a competency 35 review and determined that an acceptable degree of rehabilitation has been 36 accomplished.
STATEMENT OF PURPOSE
RS 12385
54-3401 striking unnecessary language and adding a definition of
Pastoral Counselor.
54-3402 providing an exemption to a person obtaining their
postgraduate counseling experience and providing for unlicensed
persons providing certain services while under direct supervision
and setting forth the supervision.
54-3404 adding language allowing the adoption of rules that will
require annual continuing education for the renewal of licenses.
54-3405A, 54-3405C striking language that no longer applies.
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 H16