HSB 185 (LSB 2144YC (3) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MILLER)

A BILL FOR

An Act relating to licensure of professionals practicing addiction counseling or providing addiction prevention services by the behavioral science board, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.1, subsections 3 and 6, Code 2013, are amended to read as follows:
   3.  “Licensed” or “certified”, when applied to a physician and surgeon, podiatric physician, osteopathic physician and surgeon, physician assistant, psychologist, chiropractor, nurse, dentist, dental hygienist, dental assistant, optometrist, speech pathologist, audiologist, pharmacist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, orthotist, prosthetist, pedorthist, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, funeral director, dietitian, marital and family therapist, mental health counselor, social worker,
 
addiction counselor, advanced addiction counselor, addiction prevention professional, massage therapist, athletic trainer, acupuncturist, nursing home administrator, hearing aid dispenser, or sign language interpreter or transliterator means a person licensed under this subtitle.
   6.  “Profession” means medicine and surgery, podiatry, osteopathic medicine and surgery, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, pharmacy, physical therapy, physical therapist assisting, occupational therapy, occupational therapy assisting, respiratory care, cosmetology arts and sciences, barbering, mortuary science, marital and family therapy, mental health counseling, social work,
 
addiction counseling, addiction prevention services, dietetics, massage therapy, athletic training, acupuncture, nursing home administration, hearing aid dispensing, sign language interpreting or transliterating, orthotics, prosthetics, or pedorthics.
    Sec. 2.  Section 147.2, subsection 1, Code 2013, is amended to read as follows:
   1.  A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, occupational therapy, occupational therapy assisting, orthotics, prosthetics, pedorthics, respiratory care, pharmacy, cosmetology arts and sciences, barbering, social work, dietetics, marital and family therapy or mental health counseling,
 
addiction counseling or addiction prevention services, massage therapy, mortuary science, athletic training, acupuncture, nursing home administration, hearing aid dispensing, or sign language interpreting or transliterating, or shall not practice as a physician assistant, unless the person has obtained a license for that purpose from the board for the profession.
    Sec. 3.  Section 147.13, subsection 16, Code 2013, is amended to read as follows:
   16.  For marital and family therapy, and mental health counseling,
 
addiction counseling, and addiction prevention services, the board of behavioral science.
    Sec. 4.  Section 147.14, subsection 1, paragraph m, Code 2013, is amended to read as follows:
   m.  For behavioral science, three members licensed to practice marital and family therapy, all of whom shall be practicing marital and family therapists; three members licensed to practice mental health counseling, one of whom shall be employed in graduate teaching, training, or research in mental health counseling and two of whom shall be practicing mental health counselors;
 
one member licensed to practice addiction counseling; one member licensed to practice advanced addiction counseling; one member licensed to practice as an addiction prevention professional; and three members who are not licensed to practice marital and family therapy, or mental health counseling, addiction counseling, or addiction prevention services and who shall represent the general public.
    Sec. 5.  Section 147.74, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  23A.  An addiction counselor licensed under chapter 154D may use the words “licensed addiction counselor” after the person’s name or signify the same by the use of the letters “L.A.C.” after the person’s name. An advanced addiction counselor licensed under chapter 154D may use the words “licensed advanced addiction counselor” after the person’s name or signify the same by the use of the letters “L.A.A.C.” after the person’s name. An addiction prevention professional licensed under chapter 154D may use the words “licensed addiction prevention professional” after the person’s name or signify the same by the use of the letters “L.A.P.P.” after the person’s name.
    Sec. 6.  Section 154D.1, Code 2013, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Addiction counseling” means counseling of persons with substance use disorders which consists of the application of general counseling theories and treatment methods adopted with the express purpose of treating alcohol and drug problems.
   NEW SUBSECTION.  001.  “Addiction prevention services” means services that implement strategies and activities that have been shown to increase protective factors, prevent high-risk behaviors, and effectively reduce rates of substance abuse and addiction.
   NEW SUBSECTION.  1A.  “Endorsement” means a person has demonstrated knowledge, skill, and competency in working in a subspecialty within the addiction counseling or addiction prevention services field. A person must pass an exam approved by the board as well as meet all other experiential and educational requirements required by the board to receive an endorsement.
   NEW SUBSECTION.  1B.  “Licensed addiction counselor” means a person licensed to practice addiction counseling under supervision pursuant to this chapter.

   NEW SUBSECTION.  1C.  “Licensed addiction prevention professional” means a person licensed to provide addiction prevention services pursuant to this chapter.
   NEW SUBSECTION.  1D.  “Licensed advanced addiction counselor” means a person licensed to practice addiction counseling pursuant to this chapter.
    Sec. 7.  Section 154D.1, subsection 4, Code 2013, is amended to read as follows:
   4.  “Licensee” includes a
 
licensed addiction counselor, licensed advanced addiction counselor, licensed addiction prevention professional, licensed marital and family therapist, and a licensed mental health counselor.
    Sec. 8.  NEW SECTION.  154D.2A  Licensure —— addiction counseling and prevention services.
   1.  An applicant for a license to practice addiction counseling shall be granted a license by the board if the applicant satisfies all of the following requirements:
   a.  Possesses a bachelor’s degree in addictions or a counseling-related area from an accredited educational institution or from a program approved by the board.
   b.  Possesses the required years of supervised clinical experience or its equivalent as approved by the board.
   c.  Passes an examination approved by the board.
   2.  An applicant for a license to practice advanced addiction counseling shall be granted a license by the board if the applicant satisfies all of the following requirements:
   a.  Possesses a master’s degree in addictions or a counseling-related area from an accredited educational institution or from a program approved by the board.
   b.  Possesses the required years of supervised clinical experience or its equivalent as approved by the board.
   c.  Passes an examination approved by the board.
   3.  An applicant for a license to provide addiction prevention services shall be granted a license by the board if the applicant satisfies all of the following requirements:

   a.  Possesses a bachelor’s degree in a prevention-related field from an accredited educational institution or from a program approved by the board.
   b.  Possesses the required years of supervised clinical experience or its equivalent as approved by the board.
   c.  Passes an examination approved by the board.
    Sec. 9.  Section 154D.3, subsection 1, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  Standards for supervision of licensees requiring direct or other supervision.
    Sec. 10.  Section 154D.4, subsection 1, Code 2013, is amended to read as follows:
   1.  This chapter and chapter 147 do not prevent qualified members of other professions, including but not limited to nurses, psychologists, social workers, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a marital and family therapy or mental health counseling nature
 
or which involve addiction counseling or related addiction prevention services consistent with the accepted standards of their respective professions, but these persons shall not use a title or description denoting that they are licensed marital and family therapists, or licensed mental health counselors, licensed addiction counselors, licensed advanced addiction counselors, or licensed addiction prevention professionals.
    Sec. 11.  Section 154D.4, subsection 2, paragraphs a and b, Code 2013, are amended to read as follows:
   a.  Students whose activities are conducted within a course of professional education in marital and family therapy, or mental health counseling, addiction counseling, or addiction prevention services.
   b.  A person who practices marital and family therapy, or mental health counseling, addiction counseling, or addiction prevention services under the supervision of a person licensed under this chapter as part of a clinical experience as described in section 154D.2, subsection 2, or section 154D.2A.
    Sec. 12.  Section 154D.5, Code 2013, is amended to read as follows:
   154D.5  Sexual conduct with client.
   The license of a marital and family therapist, or a mental health counselor, an addiction counselor, an advanced addiction counselor, or an addiction prevention professional shall be revoked if the board finds that the licensee engaged in sexual activity with a client as determined by board rule. The revocation shall be in addition to any other penalties provided by law.
    Sec. 13.  NEW SECTION.  154D.8  Temporary license —— addiction counseling —— addiction prevention services —— fees.
   A person who has fulfilled all of the applicable requirements for licensure under section 154D.2A, except for completion of the postgraduate supervised clinical experience requirement as determined by the board by rule, may apply to the board for a temporary license. A temporary license shall be designated “licensed addiction counselor – temporary” or “licensed addiction prevention professional – temporary” and shall authorize the licensee to practice addiction counseling or to provide addiction prevention services under the supervision of a qualified supervisor as determined by the board by rule. The license shall be valid for three years and may be renewed at the discretion of the board. The fee for a temporary license shall be set by the board to cover the administrative cost of issuing the license and, if renewed, a renewal fee as set by the board shall be required.
    Sec. 14.  NEW SECTION.  154D.9  Endorsements.
   A person licensed as an addiction counselor, advanced addiction counselor, or addiction prevention professional under this chapter may be granted an endorsement by the board when the licensee satisfies all of the following:
   1.  Possesses a current and valid license under this chapter.
   2.  Possesses all educational and experiential requirements adopted by the board.
   3.  Passes an examination approved by the board.
    Sec. 15.  TRANSITION PROVISIONS.
   1.  Notwithstanding sections 147.14 and 147.16, the governor may appoint to the board of behavioral science pursuant to section 147.14, subsection 1, paragraph “m”, as amended by this Act, subject to confirmation by the senate, in lieu of the one member licensed to practice addiction counseling, one member licensed to practice advanced addiction counseling, one member licensed to practice as an addiction prevention professional, members with experience and expertise that is substantially equivalent to the professional requirements for addiction counselors, advanced addiction counselors, and addiction prevention professionals, as applicable.
   2.  An addiction counselor practicing addiction counseling or an addiction prevention professional providing addiction prevention services on or before January 1, 2015, may continue practicing addiction counseling or providing addiction prevention services, as applicable, while completing licensure as required under this Act. The board of behavioral science shall adopt rules to provide a transition process that allows such addiction counselors and addiction prevention professionals to complete the requirements for licensure no later than June 30, 2016.
    Sec. 16.  IMPLEMENTATION.  The sections of this Act relating to requirements for licensure of addiction counselors, advanced addiction counselors, and addiction prevention professionals, including sections 154D.2A, 154D.8, and 154D.9, as enacted in this Act; and sections 147.1, 154D.1, 154D.3, 154D.4, and 154D.5, as amended in this Act, shall be implemented so the requirements are applicable beginning no later than January 1, 2015.
    Sec. 17.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill provides for the licensing of professionals practicing addiction counseling or providing addiction prevention services. The bill provides definitions relating to the different types of licensure and establishes certain minimum requirements for obtaining a license. The bill also allows a professional practicing addiction counseling or providing addiction prevention services to receive a temporary license.
   The bill requires the board of behavioral science to regulate professionals practicing in the area of addiction counseling or providing addiction prevention services. The bill also allows the board to grant an endorsement to an addiction counselor, advanced addiction counselor, or an addiction prevention professional when the person has demonstrated knowledge, skill, and competency in working in a subspecialty within the addictions field.
   The bill makes conforming changes in Code chapter 147, regarding the general provisions for health-related professions, and amends the membership of the board of behavioral science to include an addiction counselor, advanced addiction counselor, and an addiction prevention professional.
   The bill provides transition provisions for the initial appointment of the additional members to the board of behavioral science. The bill also provides transition provisions relating to a phased-in implementation of requirements for licensure for addiction counselors, advanced addiction counselors, and addiction prevention professionals practicing addiction counseling or providing addiction prevention services prior to January 1, 2015.
   The bill takes effect upon enactment, but provides for implementation by January 1, 2015.
   The provisions of Code chapters 147 and 272C, including licensing sanctions and a provision in Code section 147.86, that a violation of Code chapter 147 or 154D is a serious misdemeanor, are applicable to addiction counselors, advanced addiction counselors, and addiction prevention professionals licensed under Code chapter 154D. A person who is guilty of a serious misdemeanor is subject to a minimum fine of $315 and a maximum fine of $1,875. The court may also order imprisonment not to exceed one year.