BEHAVIORAL SCIENTISTS

chapter 31	licensure of marital and family therapists, mental health counselors, behavior analysts, and assistant behavior analysts	
chapter 32	continuing education for marital and family therapists and
mental health counselors	
chapter 33	discipline for marital and family therapists, mental health counselors, behavior analysts, and assistant behavior analysts	
CHAPTER 31
LICENSURE OF MARITAL AND FAMILY THERAPISTS,
MENTAL HEALTH COUNSELORS, BEHAVIOR ANALYSTS, AND ASSISTANT BEHAVIOR ANALYSTS
[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 Marriage and Family Therapy Regulatory Boards.
“AMHCA” means the American Mental Health Counselors Association.
“BACB” means the Behavior Analyst Certification Board.
“Board” means the board of behavioral science.
“CCE” means the Center for Credentialing and Education, Inc.
“Course” means three graduate semester credit hours.
“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, mental health counselor, behavior analyst, or assistant behavior analyst in the state of Iowa.
“License expiration date” means September 30 of even-numbered years for marital and family therapists and mental health counselors, and means the expiration date of the certification issued by the Behavior Analyst Certification Board for behavior analysts and assistant behavior analysts.
“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.
“Mental health setting” means a behavioral health setting where an applicant is providing mental health services including the diagnosis, treatment, and assessment of emotional and mental health disorders and issues.
“NBCC” means the National Board for Certified Counselors.
“Reactivate” or “reactivation” means the process as outlined in rule 645—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 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.
“Temporary license” means a license to practice marital and family therapy or mental health counseling under direct supervision of a qualified supervisor as determined by the board by rule to fulfill the postgraduate supervised clinical experience requirement in accordance with this chapter.
[ARC 9547B, IAB 6/1/11, effective 7/6/11; ARC 2845C, IAB 12/7/16, effective 1/11/17; ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19; ARC 5010C, IAB 3/25/20, effective 4/29/20]
645—31.2(154D) Requirements for permanent and temporary licensure as a mental health counselor or marriage and family therapist. The following criteria shall apply to licensure:
	31.2(1) The applicant shall complete an application.
	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. 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 have been received by the board or an equivalency evaluation completed by the Center for Credentialing and Education, Inc.	(CCE) has been received by the board. The applicant shall present proof of meeting the educational requirements. Documentation of such proof shall be on file in the board office with the application and include one of the following:
	a. 	For licensure as a marital and family therapist, an official transcript verifying completion of a marital and family therapy program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) as defined in subrule 31.4(1) or an equivalency evaluation of the applicant’s educational credentials completed by CCE as defined in subrule 31.4(2).
	b. 	For licensure as a mental health counselor, an official transcript verifying completion of a mental health counseling program accredited by the Council on Accreditation of Counseling and Related Educational Programs (CACREP) as defined in subrule 31.6(1) or an equivalency evaluation of the applicant’s educational credentials completed by CCE as defined in subrule 31.6(2).
	31.2(5) The candidate for permanent licensure shall have the examination score sent directly from the testing service to the board. The candidate for temporary licensure must successfully complete the examination before the temporary license is issued.
	31.2(6) The candidate for permanent licensure shall submit the required attestation of supervision forms documenting clinical experience as required in rule 645—31.5(154D) for marital and family therapy and rule 645—31.7(154D) for mental health counseling.
	31.2(7) The candidate for temporary licensure for the purpose of fulfilling the postgraduate supervised clinical experience requirement must submit the Supervised Clinical Experience: Approval and Attestation form to the board and receive approval of the candidate’s supervisor(s) prior to licensure. The temporary licensee must notify the board immediately in writing of any proposed change in supervisor(s) and obtain approval of any change in supervisor(s). Within 30 days of completion of the supervised clinical experience, the attestation of the completed supervised experience must be submitted to the board office. The temporary licensee shall remain under supervision until a permanent license is issued.
	31.2(8) A temporary license for the purpose of fulfilling the postgraduate supervised clinical experience requirement is valid for three years and may be renewed at the discretion of the board.
	31.2(9) A licensee who was issued an initial permanent 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(10) Submitting complete application materials. An application for a temporary or permanent license will be considered active for two years from the date the application is received. If the applicant does not submit all materials within this time period or if the applicant does not meet the requirements for the license, the application shall be considered incomplete. An applicant whose application is filed incomplete must submit a new application, supporting materials, and the application fee. The board shall destroy incomplete applications after two years.
[ARC 8152B, IAB 9/23/09, effective 10/28/09; ARC 0777C, IAB 6/12/13, effective 7/17/13; ARC 1758C, IAB 12/10/14, effective 1/14/15; ARC 2845C, IAB 12/7/16, effective 1/11/17; ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19; ARC 5767C, IAB 7/14/21, effective 8/18/21]
645—31.3(154D) Examination requirements for mental health counselors and marital and family therapists. The following criteria shall apply to the written examination(s):
	31.3(1)  The applicant shall take and pass the following examinations in order to qualify for licensing:
	a. 	For a marital and family therapist license, the Association of Marriage and Family Therapy Regulatory Board (AMFTRB) Examination in Marital and Family Therapy.
	b. 	 Prior to January 1, 2022, for a mental health counselor license or a temporary mental health counselor license, the National Counselor Examination (NCE) of the NBCC or the National Clinical Mental Health Counselor Examination (NCMHCE) of the NBCC.
	c. 	Effective January 1, 2022, for a temporary mental health counselor license, the NCE of the NBCC or the NCMHCE of the NBCC.
	d. 	Effective January 1, 2022, for a mental health counselor license, the NCMHCE of the NBCC.
	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.
	31.3(6) An applicant who is requesting approval to take the licensure examination prior to graduation shall:
	a. 	Apply for licensure by creating an account and paying online at ibplicense.iowa.gov.
	b. 	Have a letter on official school letterhead sent directly from the program director to the board indicating that the applicant is in good academic standing; that the applicant will graduate from the program within three months of the date on the letter; and the applicant’s anticipated date of graduation.
[ARC 2845C, IAB 12/7/16, effective 1/11/17; ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19; ARC 5010C, IAB 3/25/20, effective 4/29/20; ARC 5767C, IAB 7/14/21, effective 8/18/21]
645—31.4(154D) Educational qualifications for marital and family therapists. The applicant must complete the required semester credit hours, or equivalent quarter hours, of graduate level coursework in each of the content areas identified in 31.4(2); no course may be used more than once. The applicant must present proof of completion of the following educational requirements for licensure as a marital and family therapist:
	31.4(1) Accredited program. Applicants must present with the application an official transcript verifying completion of a master’s degree of 60 semester hours (or 80 quarter hours or equivalent) 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. Applicants who entered a program of study prior to July 1, 2010, must present with the application an official transcript verifying completion of a master’s degree of 45 semester hours or the equivalent; or
	31.4(2) Content-equivalent program. Applicants must present an official transcript verifying completion of a master’s degree of 60 semester hours (or 80 quarter hours or equivalent) or a doctoral degree in marital and family therapy, behavioral science, or a counseling-related field from a college or university accredited by an agency recognized by the United States Department of Education, which is content-equivalent to a graduate degree in marital and family therapy. Applicants who entered a program of study prior to July 1, 2010, must present with the application an official transcript verifying completion of a master’s degree of 45 semester hours or the equivalent. Graduates from non-COAMFTE-accredited marital and family therapy programs shall provide an equivalency evaluation of the graduates’ educational credentials by the Center for Credentialing and Education, Inc.	(CCE), website cce-global.org. The professional curriculum must be equivalent to that stated in these rules. Applicants shall bear the expense of the curriculum evaluation. In order to qualify as a “content-equivalent” degree, a graduate transcript must document:
	a. 	At least 9 semester hours or the equivalent 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 3 semester hours or the equivalent 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; ethical issues in marital and family counseling; 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 graduate-level clinical practicum in marital and family therapy of at least 300 clock hours is required for all applicants.
[ARC 7673B, IAB 4/8/09, effective 4/30/09; ARC 9547B, IAB 6/1/11, effective 7/6/11; ARC 2845C, IAB 12/7/16, effective 1/11/17]
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, postgraduate supervised professional work experience in marital and family therapy.
	b. 	Be completed following completion of the practicum, internship, and all graduate coursework, with the exception of the thesis.
	c. 	Include successful completion of at least 3,000 hours of marital and family therapy that shall include at least 1,500 hours of direct client contact and 200 hours of clinical supervision. Applicants who entered a program of study prior to July 1, 2010, shall include successful completion of 200 hours of clinical supervision concurrent with 1,000 hours of marital and family therapy conducted in person with couples, families and individuals.
	d. 	Be completed in person or by electronic means.
	(1)	Up to 50 percent of all supervision may be completed by telephone.
	(2)	Supervision by electronic means is acceptable if the system utilized is a confidential, interactive, secure, real-time system that provides for visual and audio interaction between the licensee and the supervisor.
	e. 	Include in the 200 hours of clinical supervision at least 100 hours of individual supervision.
	f. 	Follow and maintain a plan throughout the supervisory period established by the supervisor and the licensee. Such a plan must be kept by the licensee for a period of five years following receipt of the permanent license and must be submitted to the board upon request. The plan for supervision shall include:
	(1)	The name, license number, date of licensure, address, telephone number, and email address (when available) of the supervisor;
	(2)	The name, license number, address, telephone number, and email address (when available) of supervisee;
	(3)	Employment setting in which experience will occur;
	(4)	The nature, duration and frequency of supervision;
	(5)	The number of hours of supervision per month;
	(6)	The supervisor/licensees type (individual/group) and mode (face-to-face/electronic) of supervision;
	(7)	The methodology for secure transmission of case information;
	(8)	The beginning date of supervised professional practice and estimated date of completion;
	(9)	The goals and objectives for the supervised professional practice; and
	(10)	The signatures of the supervisor and licensee, and the dates of signatures.
	g. 	Have only supervised clinical contact credited for this requirement.
	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 four hours per month;
	(2)	Offer documentation of supervised hours signed by the supervisor;
	(3)	Compute part-time employment on a prorated basis for the supervised professional experience;
	(4)	Have the background, training, and experience that is appropriate to the functions performed;
	(5)	Have supervision that is clearly distinguishable from personal psychotherapy and is contracted in order to serve professional/vocational goals;
	(6)	Have individual supervision that shall be in person with no more than one supervisor to two supervisees;
	(7)	Have group supervision that may be completed with up to ten supervisees and a supervisor; and
	(8)	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. 	Effective October 1, 2020, the supervisor shall:
	(1)	Be an Iowa-licensed marital and family therapist with a minimum of three years of clinical experience following licensure or shall be a supervisor or supervisor candidate approved by the American Association for Marriage and Family Therapy Commission on Supervision; or
	(2)	Be an Iowa-licensed mental health counselor in Iowa with at least three years of clinical experience following licensure or shall be approved by the National Board for Certified Counselors (NBCC) as a supervisor; or
	(3)	Be an Iowa-licensed social worker independent level with at least three years of clinical experience following licensure at the independent level; and
	(4)	Have completed at least a six-hour continuing education course in counseling supervision or one master’s level course in counseling supervision; and
	(5)	Meet a minimum of four hours per month with the supervisee; and
	(6)	Provide training that is appropriate to the functions to be performed; and
	(7)	Ensure that therapeutic work is completed under the professional supervision of a supervisor; and
	(8)	Not supervise any marital and family therapy or permit the supervisee to engage in any therapy that the supervisor cannot perform competently.
	c. 	Exceptions to paragraph 31.5(2)“b” shall be made on an individual basis. Requests for alternative supervisors must be submitted in writing, and the board must approve the supervisor prior to commencement of the supervision.
	31.5(3) An applicant who has obtained American Association for Marriage and Family Therapy (AAMFT) clinical membership is considered to have met the clinical experience requirements of rule 645—31.5(154D). The applicant shall request that proof of current clinical membership be sent directly from AAMFT to the board.
[ARC 7673B, IAB 4/8/09, effective 4/30/09; ARC 8152B, IAB 9/23/09, effective 10/28/09; ARC 9547B, IAB 6/1/11, effective 7/6/11; ARC 0777C, IAB 6/12/13, effective 7/17/13; ARC 2845C, IAB 12/7/16, effective 1/11/17; ARC 5010C, IAB 3/25/20, effective 4/29/20; ARC 5795C, IAB 7/28/21, effective 6/30/21]
645—31.6(154D) Educational qualifications for mental health counselors. The applicant must complete three semester credit hours, or equivalent quarter hours, of graduate level coursework in each of the content areas identified in 31.6(2); no course may be used to fulfill more than one content area. The applicant must present proof of completion of the following educational requirements for licensure as a mental health counselor:
	31.6(1) Accredited program. Applicants must present with the application an official transcript verifying completion of a master’s degree of 60 semester hours (or equivalent 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 (CACREP) from a college or university accredited by an agency recognized by the United States Department of Education. Applicants who entered a program of study prior to July 1, 2012, must present with the application an official transcript verifying completion of a master’s degree of 45 semester hours or the equivalent; or
	31.6(2) Content-equivalent program. Applicants must present 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 which is content-equivalent to a master’s degree in counseling with emphasis in mental health counseling. Graduates from non-CACREP accredited mental health counseling programs shall provide an equivalency evaluation of their educational credentials by the Center for Credentialing and Education, Inc.	(CCE), website cce-global.org. The professional curriculum must be equivalent to that stated in these rules. Applicants shall bear the expense of the curriculum evaluation.
	a. 	The degree of an applicant who entered a program of study prior to July 1, 2012, will be considered “content-equivalent” if the degree includes 45 semester hours (or equivalent quarter hours) and successful completion of graduate-level coursework in each of the areas in subparagraphs (1) to (12). If the applicant has taught a graduate-level course in any of the areas in subparagraphs (1) to (12) at a college or university accredited by an agency recognized by the United States Department of Education, that course may be credited toward the coursework requirement.
	(1)	Counseling theories. Studies that provide an understanding of counseling theories, utilize personal and environmental data in the mental health counseling process, and investigate procedures that are appropriate to various counseling theories and specific settings.
	(2)	Supervised counseling practicum. A graduate-level clinical supervised counseling practicum in a mental health setting in which students must complete supervised practicum experiences that total a minimum of 100 clock hours over a minimum ten-week academic term. The practicum provides for the development of counseling skills under supervision. The student’s practicum includes all of the following:
	1.	At least 40 hours of direct service with actual clients that contributes to the development of counseling skills;
	2.	Weekly interaction with an average of 1 hour per week of individual or triadic supervision throughout the practicum by a program faculty member, a student supervisor, or a site supervisor who is working in biweekly consultation with a program faculty member in accordance with the supervision contract;
	3.	An average of 1½ hours per week of group supervision that is provided on a regular schedule throughout the practicum by a program faculty member or a student supervisor; and
	4.	Evaluation of the student’s counseling performance throughout the practicum, including documentation of a formal evaluation after the student completes the practicum.
	(3)	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; and
	3.	Human behavior, including an understanding of developmental crises, disability, psychopathology, and cultural factors as they affect both normal and abnormal behavior.
	(4)	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.
	(5)	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.
	(6)	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.
	(7)	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.
	(8)	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.
	(9)	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.
	(10)	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 (primarily ACA or AMHCA, their divisions, and their branches), including membership benefits, activities, services to members, and current emphases;
	4.	Ethical standards of the ACA or AMHCA and the evolution of those standards, legal issues, and applications to various professional activities (e.g., appraisal and group work);
	5.	Professional preparation standards and 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.
	(11)	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 1 hour per week of individual supervision, throughout the internship, usually performed by the on-site supervisor; and
	3.	A minimum of 1½ hours per week of group supervision, throughout the internship, usually performed by a program faculty member supervisor.
	(12)	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.
	b. 	The degree of an applicant who entered a program of study on or after July 1, 2012, will be considered “content-equivalent” if the degree includes 60 semester hours (or equivalent quarter hours) and successful completion of graduate-level coursework in each of the areas in subparagraphs (1) to (12). If the applicant has taught a graduate-level course in any of the areas in subparagraphs (1) to (12) at a college or university accredited by an agency recognized by the United States Department of Education, that course may be credited toward the coursework requirement.
	(1)	Professional orientation and ethical practice. Studies that provide an understanding of all of the following aspects of professional functioning:
	1.	History and philosophy of the counseling profession, including mental health counseling;
	2.	Professional roles, functions, and relationships of the mental health counselor with other human services providers, including strategies for interagency/interorganization collaboration and communication;
	3.	Counselors’ roles and responsibilities as members of an interdisciplinary emergency management response team during a local, regional, or national crisis, disaster or other trauma-causing event;
	4.	Self-care strategies appropriate to the counselor role;
	5.	Counseling supervision models, practices, and processes;
	6.	Professional organizations (primarily ACA or AMHCA, and their divisions, branches, and affiliates), including membership benefits, activities, services to members, and current emphases;
	7.	Professional credentialing, including certification, licensure, and accreditation practices and standards, and the effects of public policy on these issues;
	8.	The role and process of the professional mental health counselor advocating on behalf of the profession;
	9.	Advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients; and
	10.	Ethical standards of ACA or AMHCA and related entities, and applications of ethical and legal considerations in professional counseling.
	(2)	Social and cultural diversity. Studies that provide an understanding of the cultural context of relationships, issues, and trends in a multicultural and diverse society including all of the following:
	1.	Multicultural and pluralistic trends, including characteristics and concerns within and among diverse groups nationally and internationally;
	2.	Attitudes, beliefs, understandings, and acculturative experiences, including specific experiential learning activities designed to foster students’ understanding of self and culturally diverse clients;
	3.	Theories of multicultural counseling, identity development, and social justice;
	4.	Individual, couple, family, group, and community strategies for working with and advocating for diverse populations, including multicultural competencies;
	5.	Counselors’ roles in developing cultural self-awareness, promoting cultural social justice, advocacy, and conflict resolution and other culturally supported behaviors that promote optimal wellness and growth of the human spirit, mind or body; and
	6.	Counselors’ roles in eliminating biases, prejudices, and processes of intentional and unintentional oppression and discrimination.
	(3)	Human growth and development. Studies that provide an understanding of the nature and needs of persons at all developmental levels and in multicultural contexts, including all of the following:
	1.	Theories of individual and family development and transitions across the life span;
	2.	Theories of learning and personality development including current understandings about neurobiological behavior;
	3.	Effects of crises, disasters, and other trauma-causing events on persons of all ages;
	4.	Theories and models of individual, cultural, couple, family, and community resilience;
	5.	A general framework for understanding exceptional abilities and strategies for differentiated interventions;
	6.	Human behavior, including an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior;
	7.	Theories and etiology of addictions and addictive behaviors, including strategies for prevention, intervention, and treatment; and
	8.	Strategies for facilitating optimum development over the life span.
	(4)	Career development. Studies that provide an understanding of career development and related life factors, including all of the following:
	1.	Career development theories and decision-making models;
	2.	Career, avocational, educational, occupational and labor market information resources and career information systems;
	3.	Career development program planning, organization, implementation, administration, and evaluation;
	4.	Interrelationships among and between work, family, and other life roles and factors including the role of multicultural issues in career development;
	5.	Career and educational planning, placement, follow-up, and evaluation;
	6.	Assessment instruments and techniques relevant to career planning and decision making; and
	7.	Career counseling processes, techniques, and resources, including those applicable to specific populations.
	(5)	Helping relationships. Studies that provide an understanding of counseling processes in a multicultural society, including all of the following:
	1.	An orientation to wellness and prevention as desired counseling goals;
	2.	Counselor characteristics and behaviors that influence helping processes;
	3.	An understanding of essential interviewing and counseling skills;
	4.	Counseling theories that provide the student with a model(s) to conceptualize client presentation and select appropriate counseling interventions. Students shall be exposed to models of counseling that are consistent with current professional research and practice in the field so that they can begin to develop a personal model of counseling;
	5.	A systems perspective that provides an understanding of family and other systems theories and major models of family and related interventions;
	6.	A general framework for understanding and practicing consultation; and
	7.	Crisis intervention and suicide prevention models, including the use of psychological first-aid strategies.
	(6)	Group work. Studies that provide both theoretical and experiential understanding of group purpose, development, dynamics, theories, methods, skills, and other group approaches in a multicultural society, including all of the following:
	1.	Principles of group dynamics, including group process components, developmental stage theories, group members’ roles and behaviors, and therapeutic factors of group work;
	2.	Group leadership or facilitation styles and approaches, including characteristics of various types of group leaders and leadership styles;
	3.	Theories of group counseling, including commonalties, distinguishing characteristics, and pertinent research and literature;
	4.	Group counseling methods, including group counselor orientations and behaviors, appropriate selection criteria and methods, and methods of evaluation of effectiveness; and
	5.	Experiences in which students participate as group members in a small group activity, approved by the program, for a minimum of 10 clock hours over the course of one academic term.
	(7)	Assessment. Studies that provide an understanding of individual and group approaches to assessment and evaluation in a multicultural society, including the following:
	1.	Historical perspectives concerning the nature and meaning of assessment;
	2.	Basic concepts of standardized and nonstandardized testing and other assessment techniques including norm-referenced and criterion-referenced assessment, environmental assessment, performance assessment, individual and group test and inventory methods, and behavioral observations;
	3.	Statistical concepts, including scales of measurement, measures of central tendency, indices of variability, shapes and types of distributions, and correlations;
	4.	Reliability (i.e., theory of measurement error, models of reliability, and the use of reliability information);
	5.	Validity (i.e., evidence of validity, types of validity, and the relationship between reliability and validity);
	6.	Social and cultural factors related to the assessment and evaluation of individuals, groups, and specific populations;
	7.	Ethical strategies for selecting, administering, and interpreting assessment and evaluation instruments and techniques in counseling; and
	8.	An understanding of general principles and methods of case conceptualization, assessment, or diagnoses of mental and emotional status.
	(8)	Research and program evaluation. Studies that provide an understanding of research methods, statistical analysis, needs assessment, and program evaluation, including all of the following:
	1.	The importance of research in advancing the counseling profession;
	2.	Research methods such as qualitative, quantitative, single-case designs, action research, and outcome-based research;
	3.	Statistical methods used in conducting research and program evaluation;
	4.	Principles, models, and applications of needs assessment, program evaluation, and use of findings to effect program modifications;
	5.	Use of research to inform evidence-based practice; and
	6.	Ethical and culturally relevant strategies for interpreting and reporting the results of research and program evaluation studies.
	(9)	Diagnosis and treatment planning. Studies that provide an understanding of individual and group approaches to assessment and evaluation in a multicultural society. Studies in this area include, but are not limited to, the following:
	1.	The principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual;
	2.	The established diagnostic criteria for mental or emotional disorders that describe treatment modalities and placement criteria within the continuum of care;
	3.	The impact of co-occurring substance use disorders on medical and psychological disorders;
	4.	The relevance and potential biases of commonly used diagnostic tools as related to multicultural populations;
	5.	The appropriate use of diagnostic tools, including the current edition of the Diagnostic and Statistical Manual, to describe the symptoms and clinical presentation of clients with mental or emotional impairments;
	6.	The ability to conceptualize accurate multi-axial diagnoses of disorders presented by clients and discuss the differential diagnosis with collaborating professionals; and
	7.	The ability to differentiate between diagnosis and developmentally appropriate reactions during crises, disasters, and other trauma-causing events.
	(10)	Psychopathology. Studies that provide an understanding of emotional and mental disorders experienced by persons of all ages, characteristics of disorders, and common nosologies of emotional and mental disorders utilized within the U.S. health care system for diagnosis and treatment planning. 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.
	(11)	Practicum. A graduate-level clinical supervised counseling practicum in a mental health setting in which students must complete supervised practicum experiences that total a minimum of 100 clock hours over a minimum ten-week academic term. The practicum provides for the development of counseling skills under supervision. The student’s practicum includes all of the following:
	1.	At least 40 hours of direct service with actual clients that contributes to the development of counseling skills;
	2.	Weekly interaction with an average of 1 hour per week of individual or triadic supervision throughout the practicum by a program faculty member, a student supervisor, or a site supervisor who is working in biweekly consultation with a program faculty member in accordance with the supervision contract;
	3.	An average of 1½ hours per week of group supervision that is provided on a regular schedule throughout the practicum by a program faculty member or a student supervisor; and
	4.	Evaluation of the student’s counseling performance throughout the practicum including documentation of a formal evaluation after the student completes the practicum.
	(12)	Internship. A graduate-level clinical supervised counseling internship in a mental health setting that requires students to complete a supervised internship of 600 clock hours that is begun after the student’s successful completion of the practicum. The internship is intended to reflect the comprehensive work experience of a professional counselor appropriate to clinical mental health counseling. The internship provides an opportunity for the student to perform, under supervision, a variety of counseling activities that a mental health counselor is expected to perform. The student’s internship includes all of the following:
	1.	At least 240 hours of direct service with clientele, including experience leading groups;
	2.	Weekly interaction that averages 1 hour per week of individual supervision or triadic supervision throughout the internship, usually performed by the on-site supervisor;
	3.	An average of 1½ hours per week of group supervision, provided on a regular schedule throughout the internship, usually performed by a program faculty member supervisor;
	4.	The opportunity for the student to become familiar with a variety of professional activities in addition to direct service (e.g., record keeping, supervision, information and referral, in-service and staff meetings);
	5.	The opportunity for the student to develop program-appropriate audio/video recordings for use in supervision or to receive live supervision of the student’s interactions with clients;
	6.	The opportunity for the student to gain supervised experience in the use of a variety of professional resources such as assessment instruments, technologies, print and nonprint media, professional literature, and research; and
	7.	Evaluation of the student’s counseling performance throughout the internship including documentation of a formal evaluation by a program faculty member in consultation with the site supervisor after the student completes the internship.
	31.6(3) Foreign-trained marital and family therapists or mental health counselors. 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; website www.ierf.org or email 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.
[ARC 7673B, IAB 4/8/09, effective 4/30/09; ARC 9547B, IAB 6/1/11, effective 7/6/11; ARC 1758C, IAB 12/10/14, effective 1/14/15; ARC 2845C, IAB 12/7/16, effective 1/11/17; ARC 5010C, IAB 3/25/20, effective 4/29/20]
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 postgraduate supervised professional work experience in mental health counseling.
	b. 	Be completed following completion of the practicum, internship, and all graduate coursework, with the exception of the thesis.
	c. 	Include successful completion of at least 3,000 hours of mental health counseling that shall include at least 1,500 hours of direct client contact and 200 hours of clinical supervision. Applicants who entered a program of study prior to July 1, 2010, shall include successful completion of 200 hours of clinical supervision concurrent with 1,000 hours of mental health counseling conducted in person with couples, families and individuals.
	d. 	Be completed in person or by electronic means.
	(1)	Up to 50 percent of all supervision may be completed by telephone.
	(2)	Supervision by electronic means is acceptable if the system utilized is a confidential, interactive, secure, real-time system that provides for visual and audio interaction between the licensee and the supervisor.
	e. 	Include in the 200 hours of clinical supervision at least 100 hours of individual supervision.
	f. 	Follow and maintain a plan throughout the supervisory period established by the supervisor and the licensee. Such a plan must be kept by the licensee for a period of five years following receipt of the permanent license and must be submitted to the board upon request. The plan for supervision shall include:
	(1)	The name, license number, date of licensure, address, telephone number, and email address (when available) of the supervisor;
	(2)	The name, license number, address, telephone number, and email address (when available) of supervisee;
	(3)	Employment setting in which experience will occur;
	(4)	The nature, duration and frequency of supervision;
	(5)	The number of hours of supervision per month;
	(6)	The supervisor/licensees type (individual/group) and mode (face-to-face/electronic) of supervision;
	(7)	The methodology for secure transmission of case information;
	(8)	The beginning date of supervised professional practice and estimated date of completion;
	(9)	The goals and objectives for the supervised professional practice; and
	(10)	The signatures of the supervisor and licensee, and the dates of signatures.
	g. 	Have only supervised clinical contact credited for this requirement.
	31.7(2) To meet the requirements of the supervised clinical experience:
	a. 	The supervisee must:
	(1)	Meet with the supervisor a minimum of four hours per month;
	(2)	Offer documentation of supervised hours signed by the supervisor;
	(3)	Compute part-time employment on a prorated basis for the supervised professional experience;
	(4)	Have the background, training, and experience that are appropriate to the functions performed;
	(5)	Have supervision that is clearly distinguishable from personal counseling and is contracted in order to serve professional/vocational goals;
	(6)	Have individual supervision that shall be in person with no more than one supervisor to two supervisees;
	(7)	Have group supervision that may be completed with up to ten supervisees and a supervisor; and
	(8)	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. 	Effective October 1, 2020, the supervisor shall:
	(1)	Be an Iowa-licensed mental health counselor in Iowa with at least three years of clinical experience following licensure or shall be approved by the National Board for Certified Counselors (NBCC) as a supervisor; or
	(2)	Be an Iowa-licensed marital and family therapist with a minimum of three years of clinical experience following licensure or shall be a supervisor or supervisor candidate approved by the American Association for Marriage and Family Therapy Commission on Supervision; or
	(3)	Be an Iowa-licensed social worker independent level with at least three years of clinical experience following licensure at the independent level; and
	(4)	Have completed at least a six-hour continuing education course in counseling supervision or one master’s level course in counseling supervision; and
	(5)	Meet a minimum of four hours per month with the supervisee; and
	(6)	Provide training that is appropriate to the functions to be performed; and
	(7)	Ensure that therapeutic work is completed under the professional supervision of a supervisor; and
	(8)	Not supervise any mental health counselor or permit the supervisee to engage in any therapy that the supervisor cannot perform competently.
	c. 	Exceptions to paragraph 31.7(2)“b” shall be made on an individual basis. Requests for alternative supervisors must be submitted in writing, and the board must approve the supervisor prior to commencement of the supervision.
	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) is considered to have met the clinical experience requirements of rule 645—31.7(154D). The applicant shall ensure that proof of current certified clinical mental health counselor status be sent directly from NBCC to the board.
[ARC 7673B, IAB 4/8/09, effective 4/30/09; ARC 8152B, IAB 9/23/09, effective 10/28/09; ARC 9547B, IAB 6/1/11, effective 7/6/11; ARC 0777C, IAB 6/12/13, effective 7/17/13; ARC 2845C, IAB 12/7/16, effective 1/11/17; ARC 5010C, IAB 3/25/20, effective 4/29/20; ARC 5795C, IAB 7/28/21, effective 6/30/21]
645—31.8(154D) Licensure by endorsement for mental health counselors and marital and family therapists. 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.
	31.8(1) The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:
	a. 	Submits to the board a completed application;
	b. 	Pays the licensure fee;
	c. 	Shows evidence of licensure requirements that are similar to those required in Iowa;
	d. 	Provides official transcripts sent directly from the school to the board verifying completion of a master’s degree of 45 hours or equivalent if the applicant entered a program of study prior to July 1, 2012, or verifying completion of a master’s degree of 60 hours or equivalent if the applicant entered a program of study on or after July 1, 2012, or the appropriate doctoral degree. Graduates from a non-CACREP-accredited mental health counselor program or a non-COAMFTE-accredited marital and family therapy program shall provide an equivalency evaluation of their educational credentials by the Center for Credentialing and Education, Inc.	(CCE), website cce-global.org. The professional curriculum must be equivalent to that stated in these rules. Applicants shall bear the expense of the curriculum evaluation;
	e. 	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;
	f. 	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:
	(1)	Licensee’s name;
	(2)	Date of initial licensure;
	(3)	Current licensure status; and
	(4)	Any disciplinary action taken against the license; and
	g. 	Has the examination score sent directly from the testing service to the board.
	31.8(2) In lieu of meeting the requirements of paragraphs 31.8(1)“d” and “e,” applicants who meet the qualifications below may instead submit documentation demonstrating how each of the qualifications below is satisfied:
	a. 	The applicant has been licensed as a mental health counselor or a marital and family therapist in another state for at least five years at the independent level (independent level means the highest level of licensure in the field offered by the particular state);
	b. 	The applicant has been practicing under the independent license in a clinical mental health or marital and family therapy counseling setting for at least five years;
	c. 	The applicant possesses a master’s degree or higher in mental health counseling or marital and family therapy or an equivalent counseling-related field; and
	d. 	The applicant does not have any past or pending disciplinary action from any state licensing boards related to any mental health counseling or marital and family therapy license currently or previously held by the applicant.
	31.8(3) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C).
[ARC 7673B, IAB 4/8/09, effective 4/30/09; ARC 0777C, IAB 6/12/13, effective 7/17/13; ARC 1758C, IAB 12/10/14, effective 1/14/15; ARC 2845C, IAB 12/7/16, effective 1/11/17; ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19; ARC 5767C, IAB 7/14/21, effective 8/18/21]
645—31.9(147) Licensure of behavior analysts and assistant behavior analysts.
	31.9(1) The applicant shall complete an application.
	31.9(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.
	31.9(3) Each application shall be accompanied by the appropriate fees payable to the board of behavioral science. The fees are nonrefundable.
	31.9(4) For licensure as a behavior analyst, the applicant shall submit proof of current BACB certification as a board-certified behavior analyst or board-certified behavior analyst-doctoral. For licensure as an assistant behavior analyst, the applicant shall submit proof of current BACB certification as a board-certified assistant behavior analyst.
[ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19; ARC 5767C, IAB 7/14/21, effective 8/18/21]
645—31.10(147) License renewal for mental health counselors and marriage and family therapists.
	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 licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive notice from the board 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). 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 as required by Iowa Code section 232.69(3)“b” in the previous three years or condition(s) for waiver of this requirement as identified in paragraph “d.”
	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 as required by Iowa Code section 235B.16(5)“b” in the previous three years or condition(s) for waiver of this requirement as identified in paragraph  “d.”
	c. 	The licensee shall maintain written documentation for five years after mandatory training as identified in paragraphs “a”  and “b,” including program date(s), content, duration, and proof of participation.
	d. 	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 4.
	e. 	The board may select licensees for audit of compliance with the requirements in paragraphs “a” to  “d.”
	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 5.3(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.
[ARC 9547B, IAB 6/1/11, effective 7/6/11; ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19; ARC 5010C, IAB 3/25/20, effective 4/29/20]
645—31.11(272C) Initial licensing, reactivation, and license renewal for behavior analysts and assistant behavior analysts.
	31.11(1) An initial license for a behavior analyst or assistant behavior analyst shall be issued with the same expiration date as the applicant’s current certification issued by BACB.
	31.11(2) The biennial license renewal period for a behavior analyst or assistant behavior analyst shall run concurrent with the licensee’s BACB certification. Each license renewed shall be given the expiration date that is on the licensee’s current BACB certification. The licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive notice from the board does not relieve the licensee of the responsibility for renewing the license.
	31.11(3) A licensee seeking renewal shall:
	a. 	Meet the continuing education requirements required by BACB to renew a certification.
	b. 	Maintain current certification as a board-certified behavior analyst, board-certified behavior analyst-doctoral, or board-certified assistant behavior analyst issued by BACB.
	c. 	Submit the completed renewal application and renewal fee before the license expiration date.
	31.11(4) Upon receiving the information required by this rule and the required fee, board staff shall administratively issue a license. 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.
	31.11(5) A person licensed as a behavior analyst or assistant behavior analyst shall keep the person’s license certificate and renewal displayed in a conspicuous public place at the primary site of practice.
	31.11(6) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the renewal. The licensee shall be assessed a late fee as specified in 645—subrule 5.3(5). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.
	31.11(7) 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 engage in the practice of applied behavior analysis for which a license is required in Iowa until the license is reactivated. A licensee who practices applied behavior analysis in a capacity that requires licensure 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.
	31.11(8) Reactivation. To apply for reactivation of an inactive license, a licensee shall submit a completed renewal application and proof of current certification and shall be assessed a reactivation fee as specified in 645—subrule 5.3(6).
[ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19; ARC 5767C, IAB 7/14/21, effective 8/18/21]
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 to 31.15  Reserved.
645—31.16(17A,147,272C) License reactivation for mental health counselors and marital and family therapists. 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 5.
	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 obtained within the two years immediately preceding 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 obtained within the two years immediately preceding the application for reactivation.
[ARC 0777C, IAB 6/12/13, effective 7/17/13; ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19]
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 645—31.16(17A,147,272C) or subrule 31.11(8) prior to practicing mental health counseling, marital and family therapy, or applied behavior analysis in this state.
[ARC 4390C, IAB 4/10/19, effective 3/22/19; ARC 4557C, IAB 7/17/19, effective 8/21/19]
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.
645—31.19(154D) Temporary licensees. A temporary licensee shall engage only in the practice of marital and family therapy or mental health counseling as part of an agency or group practice with oversight over the temporary licensee. The agency or group practice shall have at least one independently licensed mental health provider. A temporary licensee shall not practice as a solo practitioner or solely with other temporary licensees.
[ARC 5010C, IAB 3/25/20, effective 4/29/20]
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]
[Filed 12/11/08, Notice 10/22/08—published 1/14/09, effective 2/18/09]1
[Editorial change: IAC Supplement 2/25/09]
[Filed Emergency ARC 7673B, IAB 4/8/09, effective 4/30/09]
[Filed ARC 8152B (Notice ARC 7858B, IAB 6/17/09), IAB 9/23/09, effective 10/28/09]
[Filed ARC 9547B (Notice ARC 9416B, IAB 3/9/11), IAB 6/1/11, effective 7/6/11]
[Filed ARC 0777C (Notice ARC 0679C, IAB 4/3/13), IAB 6/12/13, effective 7/17/13]
[Filed ARC 1758C (Notice ARC 1558C, IAB 7/23/14), IAB 12/10/14, effective 1/14/15]
[Filed ARC 2845C (Notice ARC 2738C, IAB 9/28/16), IAB 12/7/16, effective 1/11/17]
[Filed Emergency ARC 4390C, IAB 4/10/19, effective 3/22/19]
[Filed ARC 4557C (Notice ARC 4389C, IAB 4/10/19), IAB 7/17/19, effective 8/21/19]
[Filed ARC 5010C (Notice ARC 4745C, IAB 11/6/19), IAB 3/25/20, effective 4/29/20]
[Filed ARC 5767C (Notice ARC 5442C, IAB 2/24/21), IAB 7/14/21, effective 8/18/21]
[Filed Emergency ARC 5795C, IAB 7/28/21, effective 6/30/21]
◊	Two or more ARCs
1	February 18, 2009, effective date of amendments to 645—31.4(154D) to 645—31.8(154D), ARC 7476B, Items 5 to 9, delayed 70 days by the Administrative Rules Review Committee at its meeting held February 6, 2009.