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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved 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".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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
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