2008 Legislation
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HOUSE BILL NO. 376<br /> – Marriage/family therapist, assoc

HOUSE BILL NO. 376

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Bill Status



H0376aa...............................................by HEALTH AND WELFARE
MARRIAGE AND FAMILY THERAPISTS - Amends existing law to provide that it is
unlawful to represent oneself as a licensed associate marriage and family
therapist without first obtaining a license; to provide for qualifications
of licensure for associate marriage and family therapists; and to revise
powers and duties of the Bureau of Occupational Licenses relating to
licensed associate marriage and family therapists.

01/21    House intro - 1st rdg - to printing
01/22    Rpt prt - to Health/Wel
02/01    Rpt out - to Gen Ord
02/11    Rpt out amen - to engros
02/12    Rpt engros - 1st rdg - to 2nd rdg as amen
02/13    2nd rdg - to 3rd rdg as amen
02/18    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
      Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
      McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
      Pence, Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
      Smith(30)(Stanek), Snodgrass, Thayn, Thomas, Trail, Vander Woude,
      Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Raybould, Stevenson
    Floor Sponsor - McGeachin
    Title apvd - to Senate
02/19    Senate intro - 1st rdg - to Health/Wel
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Hammond,
      Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon, Goedde, Jorgenson
    Floor Sponsor - Bair
    Title apvd - to House
03/05    To enrol
03/06    Rpt enrol - Sp signed
03/07    Pres signed
03/10    To Governor
03/14    Governor signed
         Session Law Chapter 87
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 376

                              BY HEALTH AND WELFARE COMMITTEE

  1                                        AN ACT
  2    RELATING TO COUNSELORS AND THERAPISTS; AMENDING SECTION 54-3401,  IDAHO  CODE,
  3        TO ADD TO AND REVISE DEFINITIONS; AMENDING SECTION 54-3402, IDAHO CODE, TO
  4        MAKE IT UNLAWFUL TO REPRESENT ONESELF AS A LICENSED ASSOCIATE MARRIAGE AND
  5        FAMILY  THERAPIST  WITHOUT FIRST OBTAINING A LICENSE; AMENDING CHAPTER 34,
  6        TITLE 54, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  54-3405B,  IDAHO
  7        CODE,  TO  PROVIDE  FOR QUALIFICATIONS OF LICENSURE FOR ASSOCIATE MARRIAGE
  8        AND FAMILY THERAPISTS; AMENDING SECTION 54-3408, IDAHO CODE,  TO  MAKE  IT
  9        UNLAWFUL  AND  PUNISHABLE  AS  A  MISDEMEANOR  TO  REPRESENT  ONESELF AS A
 10        LICENSED ASSOCIATE MARRIAGE AND FAMILY THERAPIST OR LICENSED MARRIAGE  AND
 11        FAMILY THERAPIST WITHOUT HAVING FIRST COMPLIED WITH THE PROVISIONS OF THIS
 12        CHAPTER;  AND  AMENDING  SECTION 54-3414, IDAHO CODE, TO REVISE POWERS AND
 13        DUTIES OF THE BUREAU OF OCCUPATIONAL LICENSES RELATING TO  ASSOCIATE  MAR-
 14        RIAGE AND FAMILY THERAPISTS.

 15    Be It Enacted by the Legislature of the State of Idaho:

 16        SECTION  1.  That  Section 54-3401, Idaho Code, be, and the same is hereby
 17    amended to read as follows:

 18        54-3401.  DEFINITIONS. As used in this chapter:
 19        (1)  "Associate marriage and family therapist" means any  person  licensed
 20    under  this  chapter as an associate marriage and family therapist to practice
 21    marriage and family therapy under supervision as set forth in this chapter.
 22        (2)  "Board" means the Idaho state licensing board of  professional  coun-
 23    selors and marriage and family therapists.
 24        (23)  "Bureau  chief"  means  the  chief  of  the  bureau  of occupational
 25    licenses of the state of Idaho.
 26        (34)  "Department" means the department of self-governing agencies of  the
 27    state of Idaho.
 28        (45)  "Licensed  marriage  and family therapist" means any person licensed
 29    under this chapter to practice marriage and family therapy as defined in  this
 30    chapter.
 31        (56)  "Licensed  professional  counselor"  means any person licensed under
 32    this chapter to practice professional counseling as defined in this chapter.
 33        (67)  "Marriage and family therapy" means the evaluation and treatment  of
 34    mental  and  emotional  disorders, whether cognitive, affective or behavioral,
 35    within the context of marriage and family systems. Marriage and family therapy
 36    includes the professional application of psychotherapeutic and family  systems
 37    theories  and  techniques  in the delivery of services to individuals, couples
 38    and families for the purpose of treating nervous and mental disorders.
 39        (78)  "Practice of marriage and family therapy"  means  the  rendering  of
 40    professional  marriage and family therapy services to individuals, couples and
 41    families, singly or in groups, whether such services are offered  directly  to
 42    the  general  public  or  through  organizations, either public or private. An
 43    associate marriage and family therapist shall only practice marriage and  fam-

                                       2

  1    ily  therapy under supervision as established in this chapter and rules of the
  2    board.
  3        (89)  "Practice of professional counseling" means the application of  men-
  4    tal health, psychological, and human development principles in order to facil-
  5    itate  human  development  and  adjustment  throughout the life span; prevent,
  6    assess, and treat mental, emotional or  behavioral  disorders  and  associated
  7    distresses  which  interfere  with  mental health; conduct assessments for the
  8    purpose of establishing treatment goals and objectives;  and  plan,  implement
  9    and   evaluate  treatment  plans  using  counseling  treatment  interventions.
 10    "Counseling treatment  interventions"  means  the  application  of  cognitive,
 11    affective, behavioral, and systemic counseling strategies, which include prin-
 12    ciples of development, wellness and pathology that reflect a pluralistic soci-
 13    ety.  Such interventions are specifically implemented in the context of a pro-
 14    fessional counseling relationship.
 15        The practice of professional counseling includes, but is not limited to:
 16        (a)  Individual, group, marriage and family counseling and therapy;
 17        (b)  Assessment;
 18        (c)  Crisis intervention;
 19        (d)  Treatment of persons with mental and emotional disorders;
 20        (e)  Guidance and consulting to facilitate normal growth and  development,
 21        including educational and career development;
 22        (f)  Utilization  of  functional  assessment  and  counseling  for persons
 23        requesting assistance in adjustment to a disability or handicapping condi-
 24        tion;
 25        (g)  Consulting;
 26        (h)  Research; and
 27        (i)  Referral.
 28        The use of specific methods, techniques, or modalities within the practice
 29    of professional counseling is restricted to professional counselors  appropri-
 30    ately trained in the use of such methods, techniques or modalities.

 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 a licensed professional counselor
 39    or licensed counselor or licensed marriage and family  therapist  or  licensed
 40    associate  marriage  and  family  therapist unless he/she shall first obtain a
 41    license pursuant to this chapter.
 42        (3)  To make use of any title, words, letters or abbreviations  which  may
 43    reasonably be confused with a designation provided by this chapter.
 44        (4)  To  materially  refuse  to  furnish  the board information or records
 45    required or requested pursuant to this chapter or pursuant to an investigation
 46    commenced pursuant to this chapter.
 47        Nothing in this chapter shall be construed to apply to the activities  and
 48    services  of  licensed  or  credentialed members of other professions, such as
 49    physicians, psychologists, registered nurses, social workers, drug and alcohol
 50    counselors, or attorneys performing duties consistent with the  laws  of  this
 51    state,  their  training, and any code of ethics of their professions, provided
 52    they do not represent themselves by any title or practice description  in  the
 53    manner prescribed in section 54-3401, Idaho Code.

                                       3

  1        Nothing  in  this  chapter  shall be construed to apply to the activities,
  2    services and use of an official title on the part of a person certified by the
  3    state to render counseling  or marriage  and  family  therapy  or  counseling-
  4    related services, provided such persons are performing these activities within
  5    the scope of their employment, including school and vocational counselors.
  6        Nothing  in this chapter shall be construed to apply to the activities and
  7    services of a student or trainee pursuing a course of study in  counseling  or
  8    in  marriage  and  family  therapy  in  a regionally accredited institution of
  9    higher education or training institution, if these  activities  are  performed
 10    under  supervision and constitute a part of the supervised course of study, or
 11    of an intern in counseling acting under the direct supervision of  a  licensed
 12    professional counselor in private practice as established and limited by rules
 13    of  the  board,  provided,  that  such  person  be  designated, for example, a
 14    "counselor intern" or "marriage and family therapy intern."
 15        Nothing in this chapter shall be construed to apply to the activities  and
 16    services  of a person obtaining their postgraduate marriage and family therapy
 17    clinical experience, provided these activities are provided under supervision,
 18    and provided they have registered according to procedures to be established by
 19    the board.
 20        Nothing in this chapter shall be construed to apply to a nonresident whose
 21    counseling or marriage and family therapy activities and services are rendered
 22    not more than ten (10) days during any calendar year,  provided  that  such  a
 23    person  is  duly  authorized to perform such activities and services under the
 24    laws of the state or country of that person's residence.
 25        Nothing in this chapter shall be construed to apply to the activities  and
 26    services  of  any  religious denomination or sect or faith-based counseling of
 27    any kind.
 28        Nothing in this chapter shall be construed to apply to the activities  and
 29    descriptions of persons offering volunteer or professional services for public
 30    and  private  nonprofit  organizations  or agencies for which the services are
 31    rendered.

 32        SECTION 3.  That Chapter 34, Title 54, Idaho Code, be,  and  the  same  is
 33    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 34    ignated as Section 54-3405B, Idaho Code, and to read as follows:

 35        54-3405B.  QUALIFICATIONS FOR LICENSURE. Licensure as an  "associate  mar-
 36    riage  and  family therapist" shall be restricted to persons who have success-
 37    fully completed each of the following requirements:
 38        (1)  A graduate degree which consists of  at  least  sixty  (60)  semester
 39    hours  or  ninety  (90)  quarter credits in marriage and family therapy from a
 40    program accredited by the commission on accreditation for marriage and  family
 41    therapy  education,  or  a  marriage  and family counseling or therapy program
 42    which is accredited by the council for accreditation of counseling and related
 43    educational programs, or a graduate degree from a regionally accredited educa-
 44    tional institution and an equivalent course of study as approved by the board.
 45    The course of study for any graduate degree shall include a minimum of thirty-
 46    nine (39) semester credits in the following areas:
 47        (a)  Marriage and family studies --  Nine  (9)  semester  credit  minimum.
 48        Studies in this area shall include:
 49             (i)   Theoretical foundations, history, philosophy, etiology and con-
 50             temporary  conceptual  directions  of  marriage and family therapy or
 51             marriage and family counseling;
 52             (ii)  Family systems theories and other relevant theories  and  their
 53             application  in  working  with  a  wide variety of family structures,

                                       4

  1             including families in transition, nontraditional families and blended
  2             families, and a diverse range of presenting issues; and
  3             (iii) Preventive approaches, including premarital counseling,  parent
  4             skill  training  and  relationship enhancement, for working with cou-
  5             ples, families, individuals, subsystems and other systems.
  6        (b)  Marriage and family therapy --  Nine  (9)  semester  credit  minimum.
  7        Studies in this area shall include:
  8             (i)   The  practice of marriage and family therapy related to theory,
  9             and a comprehensive survey and substantive understanding of the major
 10             models of marriage and family therapy or marriage and family counsel-
 11             ing; and
 12             (ii)  Interviewing and assessment skills for  working  with  couples,
 13             families,  individuals,  subsystems  and other systems, and skills in
 14             the appropriate implementation of systematic interventions  across  a
 15             variety  of presenting clinical issues including, but not limited to,
 16             socioeconomic disadvantage, abuse and addiction.
 17        (c)  Human development -- Nine (9) semester  credit  minimum.  Studies  in
 18        this area shall include:
 19             (i)   Individual development and transitions across the life span;
 20             (ii)  Family,  marital  and  couple life cycle development and family
 21             relationships, family of  origin  and  intergenerational  influences,
 22             cultural influences, ethnicity, race, socioeconomic status, religious
 23             beliefs,  gender,  sexual  orientation,  social and equity issues and
 24             disability;
 25             (iii) Human sexual development, function and dysfunction, impacts  on
 26             individuals,  couples  and  families, and strategies for intervention
 27             and resolution; and
 28             (iv)  Issues of violence, abuse and substance  use  in  a  relational
 29             context, and strategies for intervention and resolution.
 30        (d)  Psychological and mental health competency -- Six (6) semester credit
 31        minimum. Studies in this area shall include:
 32             (i)   Psychopathology, including etiology, assessment, evaluation and
 33             treatment of mental disorders, use of the current diagnostic and sta-
 34             tistical  manual  of  mental  disorders,  differential  diagnosis and
 35             multiaxial diagnosis;
 36             (ii)  Standard  mental  health  diagnostic  assessment  methods   and
 37             instruments, including standardized tests; and
 38             (iii) Psychotropic  medications and the role of referral to and coop-
 39             eration with other mental health practitioners in treatment planning,
 40             and case management skills for working with individuals, couples  and
 41             families.
 42        (e)  Professional  ethics  and identity -- Three (3) semester credit mini-
 43        mum. Studies in this area shall include:
 44             (i)   Professional identity,  including  professional  socialization,
 45             professional organizations, training standards, credentialing bodies,
 46             licensure,  certification,  practice  settings and collaboration with
 47             other disciplines;
 48             (ii)  Ethical and legal issues related to the  practice  of  marriage
 49             and  family  therapy,  legal  responsibilities of marriage and family
 50             therapy and marriage and family  counseling  practice  and  research,
 51             business aspects, reimbursement, recordkeeping, family law, confiden-
 52             tiality  issues  and the relevant codes of ethics, including the code
 53             of ethics specified by the board; and
 54             (iii) The interface between therapist responsibility and the  profes-
 55             sional, social and political context of treatment.

                                       5

  1        (f)  Research  --  Three (3) semester credit minimum. Studies in this area
  2        shall include:
  3             (i)   Research in marriage and family therapy or marriage and  family
  4             counseling  and its application to working with couples and families;
  5             and
  6             (ii)  Research methodology,  quantitative  and  qualitative  methods,
  7             statistics,  data  analysis,  ethics and legal considerations of con-
  8             ducting research, and evaluation of research.
  9        (2)  Completion of a one (1) year practicum  of  supervised  marriage  and
 10    family  therapy  experience,  consisting  of  a minimum of three hundred (300)
 11    direct client contact hours, of which one hundred fifty (150) hours  shall  be
 12    with couples or families, as part of the graduate program.
 13        (3)  Successful  completion  of  a  written examination as approved by the
 14    board and defined by rule.
 15        (4)  A license will not be allowed an individual whose license, certifica-
 16    tion or registration has been revoked or suspended in this or any other  state
 17    and in this or any other related field. Such an individual may not be licensed
 18    under this chapter unless the period of revocation or suspension has been com-
 19    pleted  and the board has conducted a competency review and determined that an
 20    acceptable degree of rehabilitation has been accomplished.

 21        SECTION 4.  That Section 54-3408, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:

 23        54-3408.  CERTAIN  ACTS  PROHIBITED.  The following acts shall be unlawful
 24    and punishable as a misdemeanor:
 25        (1)  The violation of any of the provisions of this chapter and any  rules
 26    promulgated pursuant thereto;
 27        (2)  A  person representing himself to be a licensed counselor or licensed
 28    professional counselor or licensed associate marriage and family therapist  or
 29    licensed  marriage and family therapist without having first complied with the
 30    provisions of this chapter;
 31        (3)  A person who shall practice or attempt to offer to  practice  profes-
 32    sional  counseling or marriage and family therapy, as defined in this chapter,
 33    without having at the time of so doing,  a  valid,  unexpired,  unrevoked  and
 34    unsuspended  license  issued  under  this  chapter or the laws of Idaho or any
 35    other state governing mental health professionals.

 36        SECTION 5.  That Section 54-3414, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:

 38        54-3414.  POWERS AND DUTIES OF BUREAU OF OCCUPATIONAL LICENSES. The bureau
 39    of occupational licenses shall have the following powers and duties:
 40        (1)  To  accept applications for and issue licenses to counselors, associ-
 41    ate marriage and family therapists, and marriage and family therapists  pursu-
 42    ant to requirements of this chapter.
 43        (2)  To  maintain  in  a  registry  appropriate  for that purpose a public
 44    record of all applications for licenses, the action of the department thereon,
 45    of all licenses issued and of all licenses revoked or forfeited with the  rea-
 46    sons for such revocation or forfeiture and of all renewals.
 47        (3)  To  forward  complaints  against  a  licensed professional counselor,
 48    associate marriage and family therapist or a marriage and family therapist  to
 49    the state licensing board for review and investigation.
 50        (4)  To  assist  in  the investigation and prosecution of complaints filed
 51    against a counselor or a marriage and family therapist or  an  associate  mar-

                                       6

  1    riage and family therapist under section 54-3408, Idaho Code.
  2        (5)  At  the discretion of the chief of the bureau and upon apparent fail-
  3    ure or refusal of the state licensing board to investigate or prosecute a com-
  4    plaint against a counselor or a marriage and family therapist or an  associate
  5    marriage  and  family  therapist, to investigate the complaint and forward the
  6    report of investigation to the state licensing board and upon apparent failure
  7    or refusal of the state licensing board to take further  action,  to  file  an
  8    action  in  the  district  court  under section 54-3408, Idaho Code, against a
  9    counselor or a marriage and family therapist or an associate marriage and fam-
 10    ily therapist violating the terms of this chapter.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by     McGeachin

                                                     Seconded by Loertscher


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 376


  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, delete lines 19 through 21, and in line 22,
  3    delete "(2)" and insert: "(1)"; in line 24, delete "(23)" and  insert:  "(2)";
  4    in  line  26,  delete  "(34)" and insert: "(3)"; in line 28, delete "(45)" and
  5    insert:
  6        "(4)  "Licensed associate marriage and family therapist" means any  person
  7    licensed  under  this chapter as an associate marriage and family therapist to
  8    practice marriage and family therapy under supervision as set  forth  in  this
  9    chapter.
 10        (5)";
 11    and in line 42, delete "An" and insert: "A licensed".

 12                                AMENDMENT TO SECTION 3
 13        On  page  3,  in line 35, delete  "an "associate" and insert: "a "licensed
 14    associate".

 15                               AMENDMENTS TO SECTION 5
 16        On page 5, delete line 48 and insert: "a licensed associate  marriage  and
 17    family  therapist or a licensed marriage and family therapist to"; delete line
 18    51 and insert: "against a licensed counselor or a licensed marriage and family
 19    therapist or a licensed associate mar-"; on page 6, delete line 4 and  insert:
 20    "plaint  against a licensed counselor or a licensed marriage and family thera-
 21    pist or a licensed associate"; and delete line 9 and insert:  "licensed  coun-
 22    selor or a licensed marriage and family therapist or a licensed associate mar-
 23    riage and fam-".

 24                                 CORRECTION TO TITLE
 25        On page 1, in line 13, following "TO" insert: "LICENSED".

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




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                               HOUSE BILL NO. 376, As Amended

                              BY HEALTH AND WELFARE COMMITTEE

  1                                        AN ACT
  2    RELATING TO COUNSELORS AND THERAPISTS; AMENDING SECTION 54-3401,  IDAHO  CODE,
  3        TO ADD TO AND REVISE DEFINITIONS; AMENDING SECTION 54-3402, IDAHO CODE, TO
  4        MAKE IT UNLAWFUL TO REPRESENT ONESELF AS A LICENSED ASSOCIATE MARRIAGE AND
  5        FAMILY  THERAPIST  WITHOUT FIRST OBTAINING A LICENSE; AMENDING CHAPTER 34,
  6        TITLE 54, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  54-3405B,  IDAHO
  7        CODE,  TO  PROVIDE  FOR QUALIFICATIONS OF LICENSURE FOR ASSOCIATE MARRIAGE
  8        AND FAMILY THERAPISTS; AMENDING SECTION 54-3408, IDAHO CODE,  TO  MAKE  IT
  9        UNLAWFUL  AND  PUNISHABLE  AS  A  MISDEMEANOR  TO  REPRESENT  ONESELF AS A
 10        LICENSED ASSOCIATE MARRIAGE AND FAMILY THERAPIST OR LICENSED MARRIAGE  AND
 11        FAMILY THERAPIST WITHOUT HAVING FIRST COMPLIED WITH THE PROVISIONS OF THIS
 12        CHAPTER;  AND  AMENDING  SECTION 54-3414, IDAHO CODE, TO REVISE POWERS AND
 13        DUTIES OF THE BUREAU OF OCCUPATIONAL LICENSES RELATING TO LICENSED ASSOCI-
 14        ATE MARRIAGE AND FAMILY THERAPISTS.

 15    Be It Enacted by the Legislature of the State of Idaho:

 16        SECTION 1.  That Section 54-3401, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:

 18        54-3401.  DEFINITIONS. As used in this chapter:
 19        (1)  "Board"  means  the Idaho state licensing board of professional coun-
 20    selors and marriage and family therapists.
 21        (2)  "Bureau chief" means the chief of the bureau of occupational licenses
 22    of the state of Idaho.
 23        (3)  "Department" means the department of self-governing agencies  of  the
 24    state of Idaho.
 25        (4)  "Licensed  associate  marriage and family therapist" means any person
 26    licensed under this chapter as an associate marriage and family  therapist  to
 27    practice  marriage  and  family therapy under supervision as set forth in this
 28    chapter.
 29             (5)  "Licensed  marriage  and  family  therapist"  means  any  person
 30    licensed under this chapter to practice marriage and family therapy as defined
 31    in this chapter.
 32        (56)  "Licensed professional counselor" means any  person  licensed  under
 33    this chapter to practice professional counseling as defined in this chapter.
 34        (67)  "Marriage  and family therapy" means the evaluation and treatment of
 35    mental and emotional disorders, whether cognitive,  affective  or  behavioral,
 36    within the context of marriage and family systems. Marriage and family therapy
 37    includes  the professional application of psychotherapeutic and family systems
 38    theories and techniques in the delivery of services  to  individuals,  couples
 39    and families for the purpose of treating nervous and mental disorders.
 40        (78)  "Practice  of  marriage  and  family therapy" means the rendering of
 41    professional 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.  A

                                       2

  1    licensed  associate marriage and family therapist shall only practice marriage
  2    and family therapy under supervision as established in this chapter and  rules
  3    of the board.
  4        (89)  "Practice  of professional counseling" means the application of men-
  5    tal health, psychological, and human development principles in order to facil-
  6    itate human development and adjustment  throughout  the  life  span;  prevent,
  7    assess,  and  treat  mental,  emotional or behavioral disorders and associated
  8    distresses which interfere with mental health;  conduct  assessments  for  the
  9    purpose  of  establishing  treatment goals and objectives; and plan, implement
 10    and  evaluate  treatment  plans  using  counseling  treatment   interventions.
 11    "Counseling  treatment  interventions"  means  the  application  of cognitive,
 12    affective, behavioral, and systemic counseling strategies, which include prin-
 13    ciples of development, wellness and pathology that reflect a pluralistic soci-
 14    ety. Such interventions are specifically implemented in the context of a  pro-
 15    fessional counseling relationship.
 16        The practice of professional counseling includes, but is not limited to:
 17        (a)  Individual, group, marriage and family counseling and therapy;
 18        (b)  Assessment;
 19        (c)  Crisis intervention;
 20        (d)  Treatment of persons with mental and emotional disorders;
 21        (e)  Guidance  and consulting to facilitate normal growth and development,
 22        including educational and career development;
 23        (f)  Utilization of  functional  assessment  and  counseling  for  persons
 24        requesting assistance in adjustment to a disability or handicapping condi-
 25        tion;
 26        (g)  Consulting;
 27        (h)  Research; and
 28        (i)  Referral.
 29        The use of specific methods, techniques, or modalities within the practice
 30    of  professional counseling is restricted to professional counselors appropri-
 31    ately trained in the use of such methods, techniques or modalities.

 32        SECTION 2.  That Section 54-3402, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:

 34        54-3402.  LICENSE  REQUIRED  --  EXEMPTIONS.  It shall be unlawful for any
 35    person to engage in any of the following acts:
 36        (1)  To practice professional counseling or marriage  and  family  therapy
 37    for  compensation  without  first  having complied with the provisions of this
 38    chapter and without a valid license as required by this chapter.
 39        (2)  To represent himself/herself to be a licensed professional  counselor
 40    or  licensed  counselor  or licensed marriage and family therapist or licensed
 41    associate marriage and family therapist unless he/she  shall  first  obtain  a
 42    license pursuant to this chapter.
 43        (3)  To  make  use of any title, words, letters or abbreviations which may
 44    reasonably be confused with a designation provided by this chapter.
 45        (4)  To materially refuse to furnish  the  board  information  or  records
 46    required or requested pursuant to this chapter or pursuant to an investigation
 47    commenced pursuant to this chapter.
 48        Nothing  in this chapter shall be construed to apply to the activities and
 49    services of licensed or credentialed members of  other  professions,  such  as
 50    physicians, psychologists, registered nurses, social workers, drug and alcohol
 51    counselors,  or  attorneys  performing duties consistent with the laws of this
 52    state, their training, and any code of ethics of their  professions,  provided
 53    they  do  not represent themselves by any title or practice description in the

                                       3

  1    manner prescribed in section 54-3401, Idaho Code.
  2        Nothing in this chapter shall be construed to  apply  to  the  activities,
  3    services and use of an official title on the part of a person certified by the
  4    state  to  render  counseling    or marriage and family therapy or counseling-
  5    related services, provided such persons are performing these activities within
  6    the scope of their employment, including school and vocational counselors.
  7        Nothing in this chapter shall be construed to apply to the activities  and
  8    services  of  a student or trainee pursuing a course of study in counseling or
  9    in marriage and family therapy  in  a  regionally  accredited  institution  of
 10    higher  education  or  training institution, if these activities are performed
 11    under supervision and constitute a part of the supervised course of study,  or
 12    of  an  intern in counseling acting under the direct supervision of a licensed
 13    professional counselor in private practice as established and limited by rules
 14    of the board, provided,  that  such  person  be  designated,  for  example,  a
 15    "counselor intern" or "marriage and family therapy intern."
 16        Nothing  in this chapter shall be construed to apply to the activities and
 17    services of a person obtaining their postgraduate marriage and family  therapy
 18    clinical experience, provided these activities are provided under supervision,
 19    and provided they have registered according to procedures to be established by
 20    the board.
 21        Nothing in this chapter shall be construed to apply to a nonresident whose
 22    counseling or marriage and family therapy activities and services are rendered
 23    not  more  than  ten  (10) days during any calendar year, provided that such a
 24    person is duly authorized to perform such activities and  services  under  the
 25    laws of the state or country of that person's residence.
 26        Nothing  in this chapter shall be construed to apply to the activities and
 27    services of any religious denomination or sect or  faith-based  counseling  of
 28    any kind.
 29        Nothing  in this chapter shall be construed to apply to the activities and
 30    descriptions of persons offering volunteer or professional services for public
 31    and private nonprofit organizations or agencies for  which  the  services  are
 32    rendered.

 33        SECTION  3.  That  Chapter  34,  Title 54, Idaho Code, be, and the same is
 34    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 35    ignated as Section 54-3405B, Idaho Code, and to read as follows:

 36        54-3405B.  QUALIFICATIONS  FOR LICENSURE. Licensure as a "licensed associ-
 37    ate marriage and family therapist" shall be restricted  to  persons  who  have
 38    successfully completed each of the following requirements:
 39        (1)  A  graduate  degree  which  consists  of at least sixty (60) semester
 40    hours or ninety (90) quarter credits in marriage and  family  therapy  from  a
 41    program  accredited by the commission on accreditation for marriage and family
 42    therapy education, or a marriage and  family  counseling  or  therapy  program
 43    which is accredited by the council for accreditation of counseling and related
 44    educational programs, or a graduate degree from a regionally accredited educa-
 45    tional institution and an equivalent course of study as approved by the board.
 46    The course of study for any graduate degree shall include a minimum of thirty-
 47    nine (39) semester credits in the following areas:
 48        (a)  Marriage  and  family  studies  --  Nine (9) semester credit minimum.
 49        Studies in this area shall include:
 50             (i)   Theoretical foundations, history, philosophy, etiology and con-
 51             temporary conceptual directions of marriage  and  family  therapy  or
 52             marriage and family counseling;
 53             (ii)  Family  systems  theories and other relevant theories and their

                                       4

  1             application in working with a  wide  variety  of  family  structures,
  2             including families in transition, nontraditional families and blended
  3             families, and a diverse range of presenting issues; and
  4             (iii) Preventive  approaches, including premarital counseling, parent
  5             skill training and relationship enhancement, for  working  with  cou-
  6             ples, families, individuals, subsystems and other systems.
  7        (b)  Marriage  and  family  therapy  --  Nine (9) semester credit minimum.
  8        Studies in this area shall include:
  9             (i)   The practice of marriage and family therapy related to  theory,
 10             and a comprehensive survey and substantive understanding of the major
 11             models of marriage and family therapy or marriage and family counsel-
 12             ing; and
 13             (ii)  Interviewing  and  assessment  skills for working with couples,
 14             families, individuals, subsystems and other systems,  and  skills  in
 15             the  appropriate  implementation of systematic interventions across a
 16             variety of presenting clinical issues including, but not limited  to,
 17             socioeconomic disadvantage, abuse and addiction.
 18        (c)  Human  development  --  Nine  (9) semester credit minimum. Studies in
 19        this area shall include:
 20             (i)   Individual development and transitions across the life span;
 21             (ii)  Family, marital and couple life cycle  development  and  family
 22             relationships,  family  of  origin  and intergenerational influences,
 23             cultural influences, ethnicity, race, socioeconomic status, religious
 24             beliefs, gender, sexual orientation, social  and  equity  issues  and
 25             disability;
 26             (iii) Human  sexual development, function and dysfunction, impacts on
 27             individuals, couples and families, and  strategies  for  intervention
 28             and resolution; and
 29             (iv)  Issues  of  violence,  abuse  and substance use in a relational
 30             context, and strategies for intervention and resolution.
 31        (d)  Psychological and mental health competency -- Six (6) semester credit
 32        minimum. Studies in this area shall include:
 33             (i)   Psychopathology, including etiology, assessment, evaluation and
 34             treatment of mental disorders, use of the current diagnostic and sta-
 35             tistical manual  of  mental  disorders,  differential  diagnosis  and
 36             multiaxial diagnosis;
 37             (ii)  Standard   mental  health  diagnostic  assessment  methods  and
 38             instruments, including standardized tests; and
 39             (iii) Psychotropic medications and the role of referral to and  coop-
 40             eration with other mental health practitioners in treatment planning,
 41             and  case management skills for working with individuals, couples and
 42             families.
 43        (e)  Professional ethics and identity -- Three (3) semester  credit  mini-
 44        mum. Studies in this area shall include:
 45             (i)   Professional  identity,  including  professional socialization,
 46             professional organizations, training standards, credentialing bodies,
 47             licensure, certification, practice settings  and  collaboration  with
 48             other disciplines;
 49             (ii)  Ethical  and  legal  issues related to the practice of marriage
 50             and family therapy, legal responsibilities  of  marriage  and  family
 51             therapy  and  marriage  and  family counseling practice and research,
 52             business aspects, reimbursement, recordkeeping, family law, confiden-
 53             tiality issues and the relevant codes of ethics, including  the  code
 54             of ethics specified by the board; and
 55             (iii) The  interface between therapist responsibility and the profes-

                                       5

  1             sional, social and political context of treatment.
  2        (f)  Research -- Three (3) semester credit minimum. Studies in  this  area
  3        shall include:
  4             (i)   Research  in marriage and family therapy or marriage and family
  5             counseling and its application to working with couples and  families;
  6             and
  7             (ii)  Research  methodology,  quantitative  and  qualitative methods,
  8             statistics, data analysis, ethics and legal  considerations  of  con-
  9             ducting research, and evaluation of research.
 10        (2)  Completion  of  a  one  (1) year practicum of supervised marriage and
 11    family therapy experience, consisting of a  minimum  of  three  hundred  (300)
 12    direct  client  contact hours, of which one hundred fifty (150) hours shall be
 13    with couples or families, as part of the graduate program.
 14        (3)  Successful completion of a written examination  as  approved  by  the
 15    board and defined by rule.
 16        (4)  A license will not be allowed an individual whose license, certifica-
 17    tion  or registration has been revoked or suspended in this or any other state
 18    and in this or any other related field. Such an individual may not be licensed
 19    under this chapter unless the period of revocation or suspension has been com-
 20    pleted and the board has conducted a competency review and determined that  an
 21    acceptable degree of rehabilitation has been accomplished.

 22        SECTION  4.  That  Section 54-3408, Idaho Code, be, and the same is hereby
 23    amended to read as follows:

 24        54-3408.  CERTAIN ACTS PROHIBITED. The following acts  shall  be  unlawful
 25    and punishable as a misdemeanor:
 26        (1)  The  violation of any of the provisions of this chapter and any rules
 27    promulgated pursuant thereto;
 28        (2)  A person representing himself to be a licensed counselor or  licensed
 29    professional  counselor or licensed associate marriage and family therapist or
 30    licensed marriage and family therapist without having first complied with  the
 31    provisions of this chapter;
 32        (3)  A  person  who shall practice or attempt to offer to practice profes-
 33    sional counseling or marriage and family therapy, as defined in this  chapter,
 34    without  having  at  the  time  of so doing, a valid, unexpired, unrevoked and
 35    unsuspended license issued under this chapter or the  laws  of  Idaho  or  any
 36    other state governing mental health professionals.

 37        SECTION  5.  That  Section 54-3414, Idaho Code, be, and the same is hereby
 38    amended to read as follows:

 39        54-3414.  POWERS AND DUTIES OF BUREAU OF OCCUPATIONAL LICENSES. The bureau
 40    of occupational licenses shall have the following powers and duties:
 41        (1)  To accept applications for and issue licenses to counselors,  associ-
 42    ate  marriage and family therapists, and marriage and family therapists pursu-
 43    ant to requirements of this chapter.
 44        (2)  To maintain in a registry  appropriate  for  that  purpose  a  public
 45    record of all applications for licenses, the action of the department thereon,
 46    of  all licenses issued and of all licenses revoked or forfeited with the rea-
 47    sons for such revocation or forfeiture and of all renewals.
 48        (3)  To forward complaints against a licensed  professional  counselor,  a
 49    licensed  associate  marriage  and family therapist or a licensed marriage and
 50    family therapist to the state licensing board for review and investigation.
 51        (4)  To assist in the investigation and prosecution  of  complaints  filed

                                       6

  1    against  a licensed counselor or a licensed marriage and family therapist or a
  2    licensed associate marriage and family therapist under section 54-3408,  Idaho
  3    Code.
  4        (5)  At  the discretion of the chief of the bureau and upon apparent fail-
  5    ure or refusal of the state licensing board to investigate or prosecute a com-
  6    plaint against a licensed counselor or a licensed marriage and  family  thera-
  7    pist or a licensed associate marriage and family therapist, to investigate the
  8    complaint and forward the report of investigation to the state licensing board
  9    and upon apparent failure or refusal of the state licensing board to take fur-
 10    ther  action,  to  file an action in the district court under section 54-3408,
 11    Idaho Code, against a licensed counselor or a  licensed  marriage  and  family
 12    therapist  or a licensed associate marriage and family therapist violating the
 13    terms of this chapter.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE

                         RS 17415

This bill will create a status for associate marriage and family 
therapist to compare with the licensed professional counselor 
counterpart for a two-tiered approach.  Once qualified for 
associate marriage and family therapist and licensed the 
licensee will hold this license while gaining the supervised 
work experience required for the marriage and family therapist 
license.  Under current statutes the education and supervised 
experience must be completed before being eligible for 
licensure.


                        FISCAL NOTE

There is no impact on General Fund, but this is an impact on 
dedicated funds.  Applicants would pay the $75.00 application 
fee and $75.00 license fee when applying for associate status.  
We anticipate approximately 14 applicants per year for a total 
of approximately $2100.00 in revenue.




CONTACT
Name:	TANA CORY
Agency:	Occupational License, Bureau
Phone:	(208) 334-3233


STATEMENT OF PURPOSE/FISCAL NOTE	                    H 376