Text: HSB00609                          Text: HSB00611
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 610

Bill Text

PAG LIN
  1  1    Section 1.  Section 147.2, Code 1997, is amended to read as
  1  2 follows:
  1  3    A person shall not engage in the practice of medicine and
  1  4 surgery, podiatry, osteopathy, osteopathic medicine and
  1  5 surgery, psychology, chiropractic, physical therapy, nursing,
  1  6 dentistry, dental hygiene, optometry, speech pathology,
  1  7 audiology, occupational therapy, respiratory care, pharmacy,
  1  8 cosmetology, barbering, social work, dietetics, marital and
  1  9 family therapy or mental health counseling, or mortuary
  1 10 science or shall not practice as a physician assistant as
  1 11 defined in the following chapters of this subtitle, unless the
  1 12 person has obtained from the department a license for that
  1 13 purpose.
  1 14    Sec. 2.  Section 154D.3, subsection 5, Code 1997, is
  1 15 amended by striking the subsection.
  1 16    Sec. 3.  Section 154D.4, Code 1997, is amended to read as
  1 17 follows:
  1 18    154D.4  EXEMPTIONS.
  1 19    This chapter and chapter 147 do not prevent qualified
  1 20 members of other professions, including but not limited to
  1 21 nurses, psychologists, social workers, physicians, physician
  1 22 assistants, attorneys-at-law, or members of the clergy, from
  1 23 providing or advertising that they provide services of a
  1 24 marital and family therapy or mental health counseling nature
  1 25 consistent with the accepted standards of their respective
  1 26 professions, but these persons shall not use a title or
  1 27 description denoting that they are licensed marital and family
  1 28 therapists or licensed mental health counselors.  The
  1 29 licensure requirement of this chapter does not apply to
  1 30 students whose activities are conducted within a course of
  1 31 professional education in marital and family therapy or mental
  1 32 health counseling, or to a person who practices marital and
  1 33 family therapy or mental health counseling under the
  1 34 supervision of a person licensed under this chapter as part of
  1 35 a clinical experience as described in section 154D.2,
  2  1 subsection 1, paragraph "b", or section 154D.2, subsection 2,
  2  2 paragraph "b".
  2  3    Sec. 4.  NEW SECTION.  154D.6  TRANSITION PROVISIONS.
  2  4    1.  An applicant for a license to practice marital and
  2  5 family therapy or mental health counseling, applying prior to
  2  6 July 1, 2000, shall not be required respectively to meet the
  2  7 examination requirement contained in section 154D.2,
  2  8 subsection 1, paragraph "c", or subsection 2, paragraph "c",
  2  9 if one of the following is met:
  2 10    a.  The applicant meets the requirements contained in
  2 11 section 154D.2, subsection 1, paragraphs "a" and "b", or
  2 12 subsection 2, paragraphs "a" and "b", respectively.
  2 13    b.  The applicant meets the requirements contained in
  2 14 section 154D.2, subsection 1, paragraph "a", or subsection 2,
  2 15 paragraph "a", and has four thousand hours of employment
  2 16 experience in the practice of marital and family therapy or
  2 17 mental health counseling, respectively.
  2 18    2.  Penalty fees otherwise incurred pursuant to section
  2 19 147.10, and continuing education requirements applicable to
  2 20 the period prior to license reinstatement, shall be waived by
  2 21 the board for any previously licensed marital and family
  2 22 therapist or mental health counselor whose license has lapsed
  2 23 prior to July 1, 1998.  Applicants with a lapsed license
  2 24 applying for reinstatement shall be required to complete a
  2 25 reinstatement application and pay a renewal fee and
  2 26 reinstatement fee pursuant to section 147.11 and section
  2 27 147.80, subsections 21 and 22.
  2 28    3.  The department of public health may retain any renewal
  2 29 fees generated by this Act which exceed the department's
  2 30 revenue projections for fee generation relating to marital and
  2 31 family therapy and mental health counseling under chapters 147
  2 32 and 154D established prior to the enactment of this Act,
  2 33 during the fiscal year beginning July 1, 1998, and ending June
  2 34 30, 1999.  The department may use the retained fees to pay any
  2 35 administrative expenses directly resulting from the provisions
  3  1 of this Act.
  3  2    Sec. 5.  This Act, being deemed of immediate importance,
  3  3 takes effect upon enactment.  
  3  4                           EXPLANATION
  3  5    This bill provides for the mandatory licensure of
  3  6 individuals engaged in the professional practice of marital
  3  7 and family therapy or mental health counseling.  Title
  3  8 requirements have previously been established in Code chapter
  3  9 154D regarding qualification to utilize the professional
  3 10 designation of marital and family therapist or mental health
  3 11 counselor, but that chapter does not mandate licensing in
  3 12 order to practice.  The bill adds marital and family therapy
  3 13 and mental health counseling to the list of professions for
  3 14 which a license is required in Code section 147.2.  The bill
  3 15 adds physician assistants to the list of other professions who
  3 16 are not prevented from providing services of a marital and
  3 17 family therapy or mental health counseling nature consistent
  3 18 with the accepted standards of their professions, and provides
  3 19 that licensure requirements of the bill shall not apply to
  3 20 students whose activities are conducted within a course of
  3 21 professional education in marital and family therapy or mental
  3 22 health counseling, or to persons practicing under the
  3 23 supervision of a licensee of the chapter as part of a clinical
  3 24 experience.
  3 25    The bill exempts individuals seeking licensure prior to
  3 26 July 1, 2000, from the examination requirements contained in
  3 27 Code section 154D.2, subsection 1, paragraph "c", and
  3 28 subsection 2, paragraph "c", provided that the education and
  3 29 clinical experience requirements contained in Code section
  3 30 154D.2 are met, or in lieu of the clinical experience
  3 31 requirements, that 4,000 hours of practice have been
  3 32 performed.  The bill provides that previously licensed
  3 33 applicants whose licenses have lapsed prior to July 1, 1998,
  3 34 shall not incur a financial penalty or be subject to
  3 35 continuing education requirements for the period of the lapse
  4  1 in licensure.  Applicants for reinstatement shall complete a
  4  2 reinstatement application and pay a renewal and reinstatement
  4  3 fee.  The department of public health is authorized, for
  4  4 fiscal year 1998-1999, to retain any renewal fees generated by
  4  5 the enactment of the bill which are in excess of the
  4  6 anticipated revenues derived from fees relating to marital and
  4  7 family therapy and mental health counseling under the existing
  4  8 provisions of Code chapters 147 and 154D.
  4  9    Additionally, the bill strikes Code section 154D.3,
  4 10 subsection 5, which relates to the number of board of
  4 11 behavioral science examiners' meetings required to be held
  4 12 annually.
  4 13    The bill would become law upon enactment.  
  4 14 LSB 3301DP 77
  4 15 rn/jl/8.2
     

Text: HSB00609                          Text: HSB00611
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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