CHAPTER 31
LICENSURE OF MARITAL AND FAMILY THERAPISTS
AND MENTAL HEALTH COUNSELORS
[Prior to 1/30/02, see 645—Chapter 30]
645—31.1(154D) Definitions. For purposes of these rules, the following definitions shall apply:
“ACA” means the American Counseling Association.
“Active license” means a license that is current and has not expired.
“AMFTRB” means the Association of Marital and Family Therapy Regulatory Boards.
“Board” means the board of behavioral science examiners.
“Course” means three graduate semester credit hours.
“CRCC” means the Commission on Rehabilitation Counselor Certification.
“Department” means the department of public health.
“Grace period” means the 30-day period following expiration of a license when the license is still considered to be active. In order to renew a license during the grace period, a licensee is required to pay a late fee.
“Inactive license” means a license that has expired because it was not renewed by the end of the grace period. The category of “inactive license” may include licenses formerly known as lapsed, inactive, delinquent, closed, or retired.
“Licensee” means any person licensed to practice as a marital and family therapist or mental health counselor in the state of Iowa.
“License expiration date” means September 30 of even-numbered years.
“Licensure by endorsement” means the issuance of an Iowa license to practice mental health counseling or marital and family therapy to an applicant who is or has been licensed in another state.
“Mandatory training” means training on identifying and reporting child abuse or dependent adult abuse required of marital and family therapists and mental health counselors who are mandatory reporters. The full requirements on mandatory reporting of child abuse and the training requirements are found in Iowa Code section 232.69. The full requirements on mandatory reporting of dependent adult abuse and the training requirements are found in Iowa Code section 235B.16.
“NBCC” means the National Board for Certified Counselors.
“Reactivate” or “reactivation” means the process as outlined in rule 31.16(17A,147,272C) by which an inactive license is restored to active status.
“Reciprocal license” means the issuance of an Iowa license to practice mental health counseling or marital and family therapy to an applicant who is currently licensed in another state which has a mutual agreement with the Iowa board of behavioral science examiners to license persons who have the same or similar qualifications to those required in Iowa.
“Reinstatement” means the process as outlined in 645—11.31(272C) by which a licensee who has had a license suspended or revoked or who has voluntarily surrendered a license may apply to have the license reinstated, with or without conditions. Once the license is reinstated, the licensee may apply for active status.
645—31.2(154D) Requirements for licensure. The following criteria shall apply to licensure:
	31.2(1) The applicant shall complete a board-approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to the Board of Behavioral Science Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.
	31.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.
	31.2(3) Each application shall be accompanied by the appropriate fees payable to the Board of Behavioral Science Examiners. The fees are nonrefundable.
	31.2(4) No application will be considered by the board until official copies of academic transcripts sent directly from the school to the board of behavioral science examiners have been received by the board.
	31.2(5) The candidate shall have the examination score sent directly from the testing service to the board.
	31.2(6) The completed application form shall be filed with the board of behavioral science examiners with all required supervision forms and fees at least 90 days before the date of the examination.
	31.2(7) A licensee who was issued an initial license within six months prior to the renewal shall not be required to renew the license until the renewal date two years later.
	31.2(8) Incomplete applications that have been on file in the board office for more than two years shall be:
	a. 	Considered invalid and shall be destroyed; or
	b. 	Maintained upon written request of the applicant. The applicant is responsible for requesting that the file be maintained.
	31.2(9) Notification of eligibility for examination shall be sent to the licensee by the board.
645—31.3(154D) Examination requirements. The following criteria shall apply to the written examination(s):
	31.3(1) In order to qualify for licensing, the applicant:
	a. 	For a marital and family therapist license shall take and pass the Association of Marital and Family Therapy Regulatory Board (AMFTRB) Examination in Marital and Family Therapy.
	b. 	For a mental health counselor license shall take and pass the National Counselor Examination of the NBCC, or the National Clinical Mental Health Counselor Examination of the NBCC, or the Certified Rehabilitation Counselor Examination of the CRCC.
	31.3(2) Examination information will be provided when the applicant has been approved to take the examination.
	31.3(3) The board will notify the applicant in writing of examination results.
	31.3(4) Persons determined by the board not to have performed satisfactorily may apply for reexamination.
	31.3(5) The passing score on the written examination shall be the passing point criterion established by the appropriate national testing authority at the time the test was administered.
645—31.4(154D) Educational qualifications for marital and family therapists. The applicant must present proof of meeting the following educational requirements for licensure as a marital and family therapist:
	31.4(1) Applicants must present with the application an official transcript verifying completion of a master’s degree of 45 semester hours (or 60 quarter hours) or a doctoral degree in marital and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) from a college or university accredited by an agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation; or
	31.4(2) Applicants must present with the application an official transcript verifying completion of a master’s degree of 45 semester hours (or 60 quarter hours) or a doctoral degree in a mental health, behavioral science, or a counseling-related field from a college or university accredited by an agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation, which is content-equivalent to a graduate degree in marital and family therapy. In order to qualify as a “content-equivalent” degree, a graduate transcript must document:
	a. 	At least three courses in each of the three areas listed below:
	(1)	Theoretical foundations of marital and family therapy systems. Any course which deals primarily in areas such as family life cycle; theories of family development; marriage or the family; sociology of the family; families under stress; the contemporary family; family in a social context; the cross-cultural family; youth/adult/aging and the family; family subsystems; individual, interpersonal relationships (marital, parental, sibling).
	(2)	Assessment and treatment in family and marital therapy. Any course which deals primarily in areas such as family therapy methodology; family assessment; treatment and intervention methods; overview of major clinical theories of marital and family therapy, such as communications, contextual, experiential, object relations, strategic, structural, systemic, transgenerational.
	(3)	Human development. Any course which deals primarily in areas such as human development; personality theory; human sexuality. One course must be psychopathology.
	b. 	At least one course in each of the two areas listed below:
	(1)	Ethics and professional studies. Any course which deals primarily in areas such as professional socialization and the role of the professional organization; legal responsibilities and liabilities; independent practice and interprofessional cooperation; ethics; and family law.
	(2)	Research. Any course which deals primarily in areas such as research design, methods, statistics; research in marital and family studies and therapy.
If the applicant has taught a graduate-level course as outlined above at a college or university accredited by an agency recognized by the United States Department of Education or the Council on Professional Accreditation, that course will be credited toward the course requirements.
	c. 	A practicum/internship of at least 300 clock hours is required for all applicants. The internship hours may be used to count toward the supervision requirement.
	31.4(3) All courses must be at least three graduate semester credit hours. One semester hour shall equal 15 clock hours of course time. A course may not be used more than once to fulfill more than one content area.
645—31.5(154D) Clinical experience requirements for marital and family therapists.
	31.5(1) The supervised clinical experience shall:
	a. 	Be a minimum of two years of full-time supervised clinical work experience in marital and family therapy;
	b. 	Be completed following the practicum and all graduate coursework, with the exception of the thesis;
	c. 	Include successful completion of at least 200 hours of supervision concurrent with 1,000 hours of marital and family therapy conducted in face-to-face contact with couples, families, and individuals;
	d. 	Have only supervised clinical contact credited for this requirement; and
	e. 	Include at least 100 of the 200 hours of supervision as individual supervision.
	31.5(2) To meet the requirements of the supervised clinical experience:
	a. 	The supervisee must:
	(1)	Meet with the supervisor for a minimum of one hour per week, face to face and individually;
	(2)	Have training that is appropriate to the functions to be performed;
	(3)	Offer documentation in the name of the supervising marital and family therapist;
	(4)	Begin the experience after all academic requirements are met for the master’s degree or higher;
	(5)	Compute part-time employment on a prorated basis for the supervised professional experience;
	(6)	Have the background, training, and experience that is appropriate to the functions performed;
	(7)	Have supervision that is clearly distinguishable from personal psychotherapy and is contracted in order to serve professional/vocational goals;
	(8)	Have individual supervision that shall be face to face with no more than one supervisor to two supervisees;
	(9)	Have group supervision that may be completed with up to six supervisees and a supervisor; and
	(10)	Not participate in the following activities which are deemed unacceptable for clinical supervision:
	1.	Peer supervision, i.e., supervision by a person of equivalent, but not superior, qualifications, status, and experience.
	2.	Supervision, by current or former family members, or any other person, in which the nature of the personal relationship prevents, or makes difficult, the establishment of a professional relationship.
	3.	Administrative supervision, e.g., clinical practice performed under administrative rather than clinical supervision of an institutional director or executive.
	4.	A primarily didactic process wherein techniques or procedures are taught in a group setting, classroom, workshop, or seminar.
	5.	Consultation, staff development, or orientation to a field or program, or role-playing of family interrelationships as a substitute for current clinical practice in an appropriate clinical situation.
	b. 	The supervisor shall:
	(1)	Be an Iowa licensed marriage and family therapist; or
	(2)	Be a supervisor or supervisor-in-training approved by the American Association for Marriage and Family Therapy Commission on Supervision; or
	(3)	Be an alternate supervisor who possesses qualifications equivalent to a licensed marital and family therapist or satisfies the criteria for clinical membership of the American Association of Marriage and Family Therapy (AAMFT);
	(4)	Meet a minimum of one hour per week, face to face and individually with the supervisee;
	(5)	Provide training that is appropriate to the functions to be performed;
	(6)	Ensure that therapeutic work is completed under the professional supervision of a supervisor; and
	(7)	Not supervise any marital and family therapy or permit the supervisee to engage in any therapy which the supervisor cannot perform competently.
	31.5(3) An applicant who has obtained American Association for Marriage and Family Therapy clinical membership and has provided a transcript sent directly from the school to the board is considered to have met the educational and clinical experience requirements of rules 31.4(154D) and 31.5(154D).
645—31.6(154D) Educational qualifications for mental health counselors. The applicant must present proof of meeting the following educational requirements for a mental health counselor:
	31.6(1) Applicants must present with the application an official transcript verifying completion of a master’s degree of 45 semester hours (or 60 quarter hours) or a doctoral degree in counseling with emphasis in mental health counseling from a mental health counseling program accredited by the Council on Accreditation of Counseling and Related Educational Programs from a college or university accredited by an agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation; or
	31.6(2) Applicants must present with the application an official transcript verifying completion of a master’s degree or a doctoral degree from a college or university accredited by an agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation which is content-equivalent to a master’s degree in counseling with emphasis in mental health counseling. The degree will be considered as “content-equivalent” if it includes 45 semester hours (or 60 quarter hours) and successful completion of graduate-level coursework in each of the following areas:
	a. 	Counseling theories;
	b. 	Supervised counseling practicum;
	c. 	Human growth and development. Studies that provide an understanding of the nature and needs of individuals at all developmental levels. Studies in this area include, but are not limited to, the following:
	(1)	Theories of human development across the life span;
	(2)	Major theories of personality development;
	(3)	Human behavior, including an understanding of developmental crises, disability, psychopathology, and cultural factors as they affect both normal and abnormal behavior;
	d. 	Social and cultural foundations. Studies that provide an understanding of issues and trends in a multicultural and diverse society. Studies in this area include, but are not limited to, the following:
	(1)	Multicultural and pluralistic trends, including characteristics and concerns of diverse groups;
	(2)	Attitudes and behavior based on factors such as age, race, religious preference, physical disability, sexual orientation, ethnicity and culture, gender, socioeconomic status, and intellectual ability; and
	(3)	Individual and group interventions with diverse populations;
	e. 	Helping relationships. Studies that provide an understanding of counseling and consultation processes. Studies in this area include, but are not limited to, the following:
	(1)	Helping skills, and counseling and consultation theories, including coverage of relevant research and factors considered in applications;
	(2)	Counselor or consultant characteristics and behaviors that influence helping processes, including gender and ethnicity differences, verbal and nonverbal behaviors and personal characteristics, orientations, and skills; and
	(3)	Client or consultee characteristics and behaviors that influence helping processes, including gender and ethnicity differences, verbal and nonverbal behaviors and personal characteristics, traits, capabilities, life circumstances, and developmental levels;
	f. 	Groups. Studies that provide an understanding of group development, dynamics, counseling theories, and group counseling methods and skills. Studies in this area include, but are not limited to, the following:
	(1)	Principles of group dynamics, including group process components, developmental stage theories, and group members’ roles and behaviors;
	(2)	Group leadership styles and approaches, including characteristics of various types of group leaders and leadership styles;
	(3)	Theories of group counseling, including commonalities, distinguishing characteristics, and pertinent research and literature; and
	(4)	Group counseling methods, including group counselor orientations and behaviors, ethical considerations, appropriate selection criteria and methods, and methods of evaluation of effectiveness;
	g. 	Career and lifestyle development. Studies that provide an understanding of career development and the interrelationships among work, family, and other life factors. Studies in this area include, but are not limited to, the following:
	(1)	Career development theories and decision-making models;
	(2)	Career, avocational, educational and labor market sources, print media, computer-assisted career guidance, and computer-based career information;
	(3)	Career development program planning;
	(4)	Interrelationships among work, family, and other life factors such as multicultural and gender issues, as related to career development;
	(5)	Career and educational placement, follow-up and evaluation; and
	(6)	Assessment instruments relevant to career planning and decision making;
	h. 	Diagnosis and assessment treatment procedures studies that provide an understanding of individual and group approaches to assessment and evaluation. Studies in this area include, but are not limited to, the following:
	(1)	Theoretical and historical bases for assessment techniques and methods of interpretation of appraisal data and information;
	(2)	Types of educational and psychological appraisal as appropriate to the helping process;
	(3)	Validity, including evidence for establishing content, construct, and empirical validity;
	(4)	Reliability, including methods of establishing stability and internal and equivalence reliability;
	(5)	Major appraisal methods, including environmental assessment, performance assessment, individual and group test and inventory methods, behavioral observations, and computer-managed and computer-assisted methods;
	(6)	Psychometric statistics, including types of test scores, measures of central tendency, indices of variability, standard errors and correlations; and
	(7)	Gender, ethnicity, language, disability, and cultural factors related to the assessment and evaluation of individuals and groups;
	i. 	Research and program evaluation studies that provide an understanding of types of research methods, basic statistics, and ethical and legal considerations in research. Studies in this area include, but are not limited to, the following:
	(1)	Basic types of research methods, including qualitative, quantitative-descriptive, and quantitative-descriptive-experimental designs;
	(2)	Basic statistics, including both univariate and bivariate hypothesis testing;
	(3)	Uses of computers for data management and analyses; and
	(4)	Ethical and legal considerations in research;
	j. 	Professional orientation studies that provide an understanding of all aspects of professional functioning, including history, roles, organizational structures, ethics, standards, and credentialing. Studies in this area include, but are not limited to, the following:
	(1)	History of the helping professions, including significant factors and events;
	(2)	Professional roles and functions, including similarities with and differences from other types of professionals;
	(3)	Professional organizations (i.e., ACA, its divisions, and its branches), including membership benefits, activities, services to members, and current emphases;
	(4)	Ethical standards of the ACA and their evolution, legal issues, and applications to various professional activities (e.g., appraisal and group work);
	(5)	Professional preparation standards, their evolution, and current applications; and
	(6)	Professional credentialing, including certification, licensure, and accreditation practices and standards, and the effects of public policy on these issues;
	k. 	Supervised counseling internship that provides an opportunity for the trainee to perform under supervision a variety of activities that a regularly employed staff member in a setting would be expected to perform. A regularly employed staff member is defined as a person occupying the professional role to which the trainee is aspiring. The internship follows a supervised practicum experience. A three-semester-hour internship includes the following:
	(1)	A minimum of 120 hours of direct service with clientele appropriate to the program of study;
	(2)	A minimum of one hour per week of individual supervision, throughout the internship, usually performed by the on-site supervisor;
	(3)	A minimum of one and one-half hours per week of group supervision, throughout the internship, usually performed by a program faculty member supervisor;
	l. 	Psychopathology studies that provide an understanding of the description, classification and diagnosis of behavior disorders and dysfunction. Studies in this area include, but are not limited to, the following:
	(1)	Study of cognitive, behavioral, physiological and interpersonal mechanisms for adapting to change and to stressors;
	(2)	Role of genetic, physiological, cognitive, environmental and interpersonal factors, and their interactions, on development of the form, severity, course and persistence of the various types of disorders and dysfunction;
	(3)	Research methods and findings pertinent to the description, classification, diagnosis, origin, and course of disorders and dysfunction;
	(4)	Theoretical perspectives relevant to the origin, development, and course and outcome for the forms of behavior disorders and dysfunction; and
	(5)	Methods of intervention or prevention used to minimize and modify maladaptive behaviors, disruptive and distressful cognition, or compromised interpersonal functioning associated with various forms of maladaptation.
If the applicant has taught a graduate-level course as outlined above at a college or university accredited by an agency recognized by the United States Department of Education or the Council on Professional Accreditation, that course may be credited toward the course requirement.
	31.6(3) All courses must be at least three graduate semester credit hours. One semester hour shall equal 15 clock hours of course time. A course may not be used more than once to fulfill more than one content area.
	31.6(4) Foreign-trained marital and family therapists or mental health counselors shall:
	a. 	Provide an equivalency evaluation of their educational credentials by the following: International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231-3665, telephone (310)258-9451, Web site www.ierf.org or E-mail at info@ierf.org. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation.
	b. 	Provide a notarized copy of the certificate or diploma awarded to the applicant from a mental health counselor program in the country in which the applicant was educated.
	c. 	Receive a final determination from the board regarding the application for licensure.
645—31.7(154D) Clinical experience requirements for mental health counselors.
	31.7(1) The supervised clinical experience shall:
	a. 	Be a minimum of two years of full-time supervised professional work experience in mental health counseling;
	b. 	Be completed following completion of the practicum and all graduate coursework, with exception of the thesis;
	c. 	Include successful completion of at least 200 hours of supervision concurrent with 1,000 hours of mental health counseling conducted in face-to-face contact with individuals, couples or families;
	d. 	Have only supervised clinical contact credited for this requirement; and
	e. 	Include at least 100 of the 200 hours of supervision as individual supervision.
	31.7(2) To meet the requirements of the supervised clinical experience:
	a. 	The supervisee must:
	(1)	Meet with the supervisor a minimum of one hour per week, face to face and individually;
	(2)	Have training that is appropriate to the functions to be performed;
	(3)	Offer documentation in the name of the supervising mental health counselor;
	(4)	Begin the experience after all academic requirements are met for the master’s degree or higher;
	(5)	Compute part-time employment on a prorated basis for the supervised professional experience;
	(6)	Have the background, training, and experience that are appropriate to the functions performed;
	(7)	Have supervision that is clearly distinguishable from personal counseling and is contracted in order to serve professional/vocational goals;
	(8)	Have individual supervision that shall be face to face with no more than one supervisor to two supervisees;
	(9)	Have group supervision that may be completed with up to six supervisees and a supervisor; and
	(10)	Not participate in the following activities which are deemed unacceptable for clinical supervision:
	1.	Peer supervision, i.e., supervision by a person of equivalent, but not superior, qualifications, status, and experience.
	2.	Supervision, by current or former family members, or any other person, in which the nature of the personal relationship prevents, or makes difficult, the establishment of a professional relationship.
	3.	Administrative supervision, e.g., clinical practice performed under administrative rather than clinical supervision of an institutional director or executive.
	4.	A primarily didactic process wherein techniques or procedures are taught in a group setting, classroom, workshop, or seminar.
	5.	Consultation, staff development, or orientation to a field or program, or role-playing of family interrelationships as a substitute for current clinical practice in an appropriate clinical situation.
	b. 	The supervisor:
	(1)	May be a licensed mental health counselor in Iowa; or
	(2)	Shall be approved by the National Board for Certified Counselors (NBCC) as a supervisor; or
	(3)	May be an alternate supervisor who possesses qualifications equivalent to a licensed mental health counselor, including mental health professionals licensed pursuant to Iowa Code chapter 147;
	(4)	Shall meet a minimum of one hour per week, face to face and individually with the supervisee;
	(5)	Shall provide training that is appropriate to the functions to be performed;
	(6)	Shall ensure that therapeutic work is done under the professional supervision of a supervisor; and
	(7)	Shall not supervise any mental health counselor or permit the supervisee to engage in any therapy which the supervisor cannot perform competently.
	31.7(3) Rescinded IAB 7/6/05, effective 8/10/05.
	31.7(4) An applicant who has obtained Certified Clinical Mental Health Counselor status with the National Board for Certified Counselors (NBCC) and submits a transcript sent directly from the school to the board is considered to have met the educational and clinical experience requirements of rules 31.6(154D) and 31.7(154D).
645—31.8(154D) Licensure by endorsement. An applicant who has been a licensed marriage and family therapist or mental health counselor under the laws of another jurisdiction may file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:
	1.	Submits to the board a completed application;
	2.	Pays the licensure fee;
	3.	Shows evidence of licensure requirements that are similar to those required in Iowa;
	4.	Provides official copies of the academic transcripts sent directly from the school to the board;
	5.	Supplies satisfactory evidence of the candidate’s qualifications in writing on the prescribed forms by the candidate’s supervisors. If verification of clinical experience is not available, the board may consider submission of documentation from the state in which the applicant is currently licensed or equivalent documentation of supervision; and
	6.	Provides verification(s) of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:
	●	Licensee’s name;
	●	Date of initial licensure;
	●	Current licensure status; and
	●	Any disciplinary action taken against the license.
7. In lieu of the requirements listed in paragraphs “3” through “5” of this rule, a mental health counselor applicant may provide to the board evidence that the applicant has demonstrated appropriate qualifications at either tier 1 or tier 2 of the National Credentials Registry of the American Association of State Counseling Boards. The mental health counselor applicant shall have the National Credentials Registry of the American Association of State Counseling Boards send directly to the board official verification that the applicant has met the qualifications.
645—31.9(147) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of marital and family therapists or mental health counselors.
645—31.10(147) License renewal.
	31.10(1) The biennial license renewal period for a license to practice marital and family therapy or mental health counseling shall begin on October 1 of an even-numbered year and end on September 30 of the next even-numbered year. The board shall send a renewal notice by regular mail to each licensee at the address on record at least 60 days prior to the expiration of the license. The licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive the notice does not relieve the licensee of the responsibility for renewing the license.
	31.10(2) An individual who was issued an initial license within six months of the license renewal date will not be required to renew the license until the subsequent renewal two years later.
	31.10(3) A licensee seeking renewal shall:
	a. 	Meet the continuing education requirements of rule 645—32.2(272C) and the mandatory reporting requirements of subrule 31.10(4). A licensee whose license was reactivated during the current renewal compliance period may use continuing education credit earned during the compliance period for the first renewal following reactivation; and
	b. 	Submit the completed renewal application and renewal fee before the license expiration date.
	c. 	An individual who was issued a license within six months of the license renewal date will not be required to renew the license until the next renewal two years later.
	31.10(4) Mandatory reporter training requirements.
	a. 	A licensee who, in the scope of professional practice or in the licensee’s employment responsibilities, examines, attends, counsels or treats children in Iowa shall indicate on the renewal application completion of two hours of training in child abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “e.”
	b. 	A licensee who, in the course of employment, examines, attends, counsels or treats adults in Iowa shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “e.”
	c. 	A licensee who, in the scope of professional practice or in the course of employment, examines, attends, counsels or treats both adults and children in Iowa shall indicate on the renewal application completion of training in abuse identification and reporting for dependent adults and children in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “e.”
Training may be completed through separate courses as identified in paragraphs “a” and “b” or in one combined two-hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse. The course shall be a curriculum approved by the Iowa department of public health abuse education review panel.
	d. 	The licensee shall maintain written documentation for five years after mandatory training as identified in paragraphs “a” to “c,” including program date(s), content, duration, and proof of participation.
	e. 	The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal:
	(1)	Is engaged in active duty in the military service of this state or the United States.
	(2)	Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including an exemption of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 645—Chapter 32.
	f. 	The board may select licensees for audit of compliance with the requirements in paragraphs “a” to “e.”
	31.10(5) Upon receiving the information required by this rule and the required fee, board staff shall administratively issue a two-year license and shall send the licensee a wallet card by regular mail. In the event the board receives adverse information on the renewal application, the board shall issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation.
	31.10(6) A person licensed to practice as a marital and family therapist or mental health counselor shall keep the person’s license certificate and wallet card displayed in a conspicuous public place at the primary site of practice.
	31.10(7) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet card. The licensee shall be assessed a late fee as specified in 645—subrule 34.1(3). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.
	31.10(8) Inactive license. A licensee who fails to renew the license by the end of the grace period has an inactive license. A licensee whose license is inactive continues to hold the privilege of licensure in Iowa, but may not practice mental health counseling or marital and family therapy in Iowa until the license is reactivated. A licensee who practices mental health counseling or marital and family therapy in the state of Iowa with an inactive license may be subject to disciplinary action by the board, injunctive action pursuant to Iowa Code section 147.83, criminal sanctions pursuant to Iowa Code section 147.86, and other available legal remedies.
645—31.11(272C) Exemptions for inactive practitioners. Rescinded IAB 7/6/05, effective 8/10/05.
645—31.12(147) Licensee record keeping.
	31.12(1) A licensee shall maintain sufficient, timely, and accurate documentation in client records.
	31.12(2) For purposes of this rule, “client” means the individual, couple, family, or group to whom a licensee provides direct clinical services.
	31.12(3) A licensee’s records shall reflect the services provided, facilitate the delivery of services, and ensure continuity of services in the future.
	31.12(4) Clinical services. A licensee who provides clinical services in any employment setting, including private practice, shall:
	a. 	Store records in accordance with state and federal statutes and regulations governing record retention and with the guidelines of the licensee’s employer or agency, if applicable. If no other legal provisions govern record retention, a licensee shall store all client records for a minimum of seven years after the date of the client’s discharge or death, or, in the case of a minor, for three years after the client reaches the age of majority under state law or seven years after the date of the client’s discharge or death, whichever is longer.
	b. 	Maintain timely records that include subjective and objective data, an assessment, a treatment plan, and any revisions to the assessment or plan made during the course of treatment.
	c. 	Provide the client with reasonable access to records concerning the client. A licensee who is concerned that a client’s access to the client’s records could cause serious misunderstanding or harm to the client shall provide assistance in interpreting the records and consultation with the client regarding the records. A licensee may limit a client’s access to the client’s records, or portions of the records, only in exceptional circumstances when there is compelling evidence that such access would cause serious harm to the client. Both the client’s request for access and the licensee’s rationale for withholding some or all of a record shall be documented in the client’s records.
	d. 	Take steps to protect the confidentiality of other individuals identified or discussed in any records to which a client is provided access.
	31.12(5) Electronic record keeping. The requirements of this rule apply to electronic records as well as to records kept by any other means. When electronic records are kept, the licensee shall ensure that a duplicate hard-copy record or a backup, unalterable electronic record is maintained.
	31.12(6) Correction of records.
	a. 	Hard-copy records. Original notations shall be legible, written in ink, and contain no erasures or whiteouts. If incorrect information is placed in the original record, it must be crossed out with a single, nondeleting line and be initialed and dated by the licensee.
	b. 	Electronic records. If a record is stored in an electronic format, the record may be amended with a signed addendum attached to the record.
	31.12(7) Confidentiality and transfer of records. Marital and family therapists or mental health counselors shall preserve the confidentiality of client records in accordance with their respective rules of conduct and with federal and state law. Upon receipt of a written release or authorization signed by the client, the licensee shall furnish such therapy records, or copies of the records, as will be beneficial for the future treatment of that client. A fee may be charged for duplication of records, but a licensee may not refuse to transfer records for nonpayment of any fees. A written request may be required before transferring the record(s).
	31.12(8) Retirement, death or discontinuance of practice.
	a. 	If a licensee is retiring or discontinuing practice and is the owner of a practice, the licensee shall notify in writing all active clients and, upon knowledge and agreement of the clients, shall make reasonable arrangements with those clients to transfer client records, or copies of those records, to the succeeding licensee.
	b. 	Upon a licensee’s death:
	(1)	The licensee’s employer or representative must ensure that all client records are transferred to another licensee or entity that is held to the same standards of confidentiality and agrees to act as custodian of the records.
	(2)	The licensee’s employer or representative shall notify each active client that the client’s records will be transferred to another licensee or entity that will retain custody of the records and that, at the client’s written request, the records will be sent to the licensee or entity of the client’s choice.
	31.12(9) Nothing stated in this rule shall prohibit a licensee from conveying or transferring the licensee’s client records to another licensed individual who is assuming a practice, provided that written notice is furnished to all clients.
645—31.13(147) Duplicate certificate or wallet card.
	31.13(1) A duplicate wallet card or duplicate certificate shall be required if the current wallet card or certificate is lost, stolen or destroyed. A duplicate wallet card or a duplicate certificate shall only be issued under such circumstances.
	31.13(2) A duplicate wallet card or duplicate certificate shall be issued upon receipt of the completed application for duplicate license and payment of the fee as specified in rule 645—34.1(147,154D).
	31.13(3) If the board receives a completed application for a duplicate license stating that the wallet card or certificate was not received within 60 days after being mailed by the board, no fee shall be required for issuing the duplicate wallet card or duplicate certificate.
645—31.14(147) Reissued certificate or wallet card. The board shall reissue a certificate or current wallet card upon receipt of a written request from the licensee, return of the original document and payment of the fee as specified in rule 645—34.1(147,154D).
645—31.15(17A,147,272C) License denial.
	31.15(1) When the board denies an applicant licensure, the board shall notify the applicant of the denial in writing by certified mail, return receipt requested, or in the manner of service of an original notice, and shall cite the reasons for which the application was denied.
	31.15(2) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a written notice of appeal and request for hearing upon the board by certified mail, return receipt requested, not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing shall specifically describe the facts to be contested and determined at the hearing.
	31.15(3) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C and 645—Chapter 11.
645—31.16(17A,147,272C) License reactivation. To apply for reactivation of an inactive license, a licensee shall:
	31.16(1) Submit a reactivation application on a form provided by the board.
	31.16(2) Pay the reactivation fee that is due as specified in 645—Chapter 34.
	31.16(3) Provide verification of current competence to practice mental health counseling or marital and family therapy by satisfying one of the following criteria:
	a. 	If the license has been on inactive status for five years or less, an applicant must provide the following:
	(1)	Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:
	1.	Licensee’s name;
	2.	Date of initial licensure;
	3.	Current licensure status; and
	4.	Any disciplinary action taken against the license; and
	(2)	Verification of completion of 40 hours of continuing education within two years of the application for reactivation.
	b. 	If the license has been on inactive status for more than five years, an applicant must provide the following:
	(1)	Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:
	1.	Licensee’s name;
	2.	Date of initial licensure;
	3.	Current licensure status; and
	4.	Any disciplinary action taken against the license; and
	(2)	Verification of completion of 80 hours of continuing education within two years of application for reactivation.
645—31.17(17A,147,272C) License reinstatement. A licensee whose license has been revoked, suspended, or voluntarily surrendered must apply for and receive reinstatement of the license in accordance with 645—11.31(272C) and must apply for and be granted reactivation of the license in accordance with 31.16(17A,147,272C) prior to practicing mental health counseling or marital and family therapy in this state.
645—31.18(154D) Marital and family therapy and mental health counselor services subject to regulation. Marital and family therapy and mental health counselor services provided to an individual in this state through telephonic, electronic or other means, regardless of the location of the marital and family therapy and mental health counselor, shall constitute the practice of marital and family therapy and mental health counseling and shall be subject to regulation in Iowa.
These rules are intended to implement Iowa Code chapters 17A, 147, 154D and 272C.
[Filed 6/5/92, Notice 4/15/92—published 6/24/92, effective 7/29/92]
[Filed emergency 7/31/92—published 8/19/92, effective 7/31/92]
[Filed 11/17/94, Notice 9/14/94—published 12/7/94, effective 1/11/95]
[Filed 5/2/97, Notice 3/12/97—published 5/21/97, effective 6/25/97]
[Filed 5/16/97, Notice 4/9/97—published 6/4/97, effective 7/9/97]
[Filed 8/21/98, Notice 7/15/98—published 9/9/98, effective 10/14/98]
[Filed 4/2/99, Notice 2/10/99—published 4/21/99, effective 5/26/99]
[Filed 2/1/01, Notice 10/18/00—published 2/21/01, effective 3/28/01]
[Filed 12/6/01, Notice 10/3/01—published 12/26/01, effective 1/30/02]
[Filed 3/29/02, Notice 2/20/02—published 4/17/02, effective 5/22/02]
[Filed 9/26/02, Notice 7/24/02—published 10/16/02, effective 11/20/02]
[Filed 12/12/03, Notice 10/15/03—published 1/7/04, effective 2/11/04]
[Filed 6/15/05, Notice 4/13/05—published 7/6/05, effective 8/10/05]◊
[Filed 12/9/05, Notice 10/12/05—published 1/4/06, effective 2/8/06]
[Filed 2/10/06, Notice 1/4/06—published 3/1/06, effective 4/5/06]
[Filed 2/15/07, Notice 12/6/06—published 3/14/07, effective 4/18/07]
◊	Two or more ARCs