House File 569 H-1133 Amend House File 569 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 147.1, subsections 3 and 6, 4 Code 2013, are amended to read as follows: 5 3. “Licensed” or “certified” , when applied 6 to a physician and surgeon, podiatric physician, 7 osteopathic physician and surgeon, physician assistant, 8 psychologist, chiropractor, nurse, dentist, dental 9 hygienist, dental assistant, optometrist, speech 10 pathologist, audiologist, pharmacist, physical 11 therapist, physical therapist assistant, occupational 12 therapist, occupational therapy assistant, orthotist, 13 prosthetist, pedorthist, respiratory care practitioner, 14 practitioner of cosmetology arts and sciences, 15 practitioner of barbering, funeral director, dietitian, 16 marital and family therapist, mental health counselor, 17 social worker, substance and addictive disorder 18 counselor, master substance and addictive disorder 19 counselor, independent substance and addictive 20 disorder counselor, substance and addictive disorder 21 prevention professional, massage therapist, athletic 22 trainer, acupuncturist, nursing home administrator, 23 hearing aid dispenser, or sign language interpreter 24 or transliterator means a person licensed under this 25 subtitle . 26 6. “Profession” means medicine and surgery, 27 podiatry, osteopathic medicine and surgery, practice 28 as a physician assistant, psychology, chiropractic, 29 nursing, dentistry, dental hygiene, dental assisting, 30 optometry, speech pathology, audiology, pharmacy, 31 physical therapy, physical therapist assisting, 32 occupational therapy, occupational therapy assisting, 33 respiratory care, cosmetology arts and sciences, 34 barbering, mortuary science, marital and family 35 therapy, mental health counseling, social work, 36 substance and addictive disorder counseling, substance 37 and addictive disorder prevention services, dietetics, 38 massage therapy, athletic training, acupuncture, 39 nursing home administration, hearing aid dispensing, 40 sign language interpreting or transliterating, 41 orthotics, prosthetics, or pedorthics. 42 Sec. 2. Section 147.2, subsection 1, Code 2013, is 43 amended to read as follows: 44 1. A person shall not engage in the practice of 45 medicine and surgery, podiatry, osteopathic medicine 46 and surgery, psychology, chiropractic, physical 47 therapy, physical therapist assisting, nursing, 48 dentistry, dental hygiene, dental assisting, optometry, 49 speech pathology, audiology, occupational therapy, 50 -1- HF569.944 (1) 85 ad/nh 1/ 11 #1.

occupational therapy assisting, orthotics, prosthetics, 1 pedorthics, respiratory care, pharmacy, cosmetology 2 arts and sciences, barbering, social work, dietetics, 3 marital and family therapy or mental health counseling, 4 substance and addictive disorder counseling or 5 substance and addictive disorder prevention services, 6 massage therapy, mortuary science, athletic training, 7 acupuncture, nursing home administration, hearing 8 aid dispensing, or sign language interpreting or 9 transliterating, or shall not practice as a physician 10 assistant, unless the person has obtained a license for 11 that purpose from the board for the profession. 12 Sec. 3. Section 147.13, subsection 16, Code 2013, 13 is amended to read as follows: 14 16. For marital and family therapy , and mental 15 health counseling, substance and addictive disorder 16 counseling, and substance and addictive disorder 17 prevention services, the board of behavioral science. 18 Sec. 4. Section 147.14, subsection 1, paragraph m, 19 Code 2013, is amended to read as follows: 20 m. For behavioral science, three two members 21 licensed to practice marital and family therapy, all 22 both of whom shall be practicing marital and family 23 therapists; three two members licensed to practice 24 mental health counseling, one of whom shall be employed 25 in graduate teaching, training, or research in mental 26 health counseling and two one of whom shall be a 27 practicing mental health counselors counselor ; two 28 members licensed to practice substance and addictive 29 disorder counseling or substance and addictive disorder 30 prevention services; and three members who are not 31 licensed to practice marital and family therapy , or 32 mental health counseling , substance and addictive 33 disorder counseling, or substance and addictive 34 disorder prevention services and who shall represent 35 the general public. 36 Sec. 5. Section 147.74, Code 2013, is amended by 37 adding the following new subsection: 38 NEW SUBSECTION . 23A. A substance and addictive 39 disorder counselor licensed under chapter 154D may use 40 the words “licensed substance and addictive disorder 41 counselor” after the person’s name or signify the 42 same by the use of the letters “L.S.A.D.C.” after 43 the person’s name. A master substance and addictive 44 disorder counselor licensed under chapter 154D may use 45 the words “licensed master substance and addictive 46 disorder counselor” after the person’s name or signify 47 the same by the use of the letters “L.M.S.A.D.C.” 48 after the person’s name. An independent substance and 49 addictive disorder counselor licensed under chapter 50 -2- HF569.944 (1) 85 ad/nh 2/ 11

154D may use the words “licensed independent substance 1 and addictive disorder counselor” after the person’s 2 name or signify the same by the use of the letters 3 “L.I.S.A.D.C.” after the person’s name. A substance 4 and addictive disorder prevention professional 5 licensed under chapter 154D may use the words 6 “licensed substance and addictive disorder prevention 7 professional” after the person’s name or signify the 8 same by the use of the letters “L.S.A.D.P.P.” after the 9 person’s name. 10 Sec. 6. Section 154D.1, subsection 4, Code 2013, is 11 amended to read as follows: 12 4. “Licensee” includes a licensed marital and 13 family therapist , and a licensed mental health 14 counselor , a licensed substance and addictive 15 disorder counselor, a licensed master substance and 16 addictive disorder counselor, a licensed independent 17 substance and addictive disorder counselor, and a 18 licensed substance and addictive disorder prevention 19 professional . 20 Sec. 7. Section 154D.1, Code 2013, is amended by 21 adding the following new subsections: 22 NEW SUBSECTION . 1A. “Licensed independent substance 23 and addictive disorder counselor” means a person 24 licensed to practice substance and addictive disorder 25 counseling as an independent substance and addictive 26 disorder counselor pursuant to this chapter. A 27 licensed independent substance and addictive disorder 28 counselor is qualified to practice independently in 29 private practice. 30 NEW SUBSECTION . 2A. “Licensed master substance and 31 addictive disorder counselor” means a person licensed to 32 practice substance and addictive disorder counseling 33 as a master substance and addictive disorder counselor 34 pursuant to this chapter. A licensed master substance 35 and addictive disorder counselor may practice in a 36 program licensed or excepted from licensure pursuant 37 to chapter 125. 38 NEW SUBSECTION . 3A. “Licensed substance and 39 addictive disorder counselor” means a person licensed to 40 practice substance and addictive disorder counseling 41 pursuant to this chapter. A licensed substance and 42 addictive disorder counselor may practice in a program 43 licensed or excepted from licensure pursuant to 44 chapter 125, under the clinical oversight of a licensed 45 master substance and addictive disorder counselor or a 46 licensed independent substance and addictive disorder 47 counselor. 48 NEW SUBSECTION . 3B. “Licensed substance and 49 addictive disorder prevention professional” means a 50 -3- HF569.944 (1) 85 ad/nh 3/ 11

person licensed to provide substance and addictive 1 disorder prevention services pursuant to this chapter. 2 NEW SUBSECTION . 6A. “Substance and addictive 3 disorder counseling” means counseling of persons with 4 substance and addictive disorders which consists of 5 the application of general counseling theories and 6 treatment methods adopted with the express purpose of 7 treating alcohol, drug, and gambling problems. 8 NEW SUBSECTION . 6B. “Substance and addictive 9 disorder prevention services” means services that 10 implement strategies and activities that have been 11 shown to increase protective factors, prevent high-risk 12 behaviors, and effectively reduce rates of substance 13 and addictive disorders. 14 Sec. 8. NEW SECTION . 154D.2A Licensure —— 15 substance and addictive disorder counseling and 16 prevention services. 17 1. An applicant for a license to practice as a 18 substance and addictive disorder counselor shall 19 be granted a license by the board if the applicant 20 satisfies all of the following requirements: 21 a. Possesses a bachelor’s degree in substance 22 and addictive disorders or a mental health 23 counseling-related area from an accredited educational 24 institution or from a program approved by the board. 25 b. Possesses the required years of supervised 26 clinical experience or its equivalent as approved by 27 the board. 28 c. Passes an examination approved by the board. 29 2. An applicant for a license to practice as a 30 master substance and addictive disorder counselor shall 31 be granted a license by the board if the applicant 32 satisfies all of the following requirements: 33 a. Possesses a master’s degree in substance 34 and addictive disorders or a mental health 35 counseling-related area from an accredited educational 36 institution or from a program approved by the board. 37 b. Possesses the required years of supervised 38 clinical experience or its equivalent as approved by 39 the board. 40 c. Passes an examination approved by the board. 41 3. An applicant for a license to practice as an 42 independent substance and addictive disorder counselor 43 shall be granted a license by the board if the 44 applicant satisfies all of the following requirements: 45 a. Possesses a master’s degree in substance 46 and addictive disorders or a mental health 47 counseling-related area from an accredited educational 48 institution or from a program approved by the board. 49 b. Possesses the required years of supervised 50 -4- HF569.944 (1) 85 ad/nh 4/ 11

clinical experience or its equivalent as approved by 1 the board. 2 c. Has at least one year of experience in the 3 treatment of and service delivery for substance and 4 addictive disorders. 5 d. Passes an examination approved by the board. 6 4. An applicant for a license to provide substance 7 and addictive disorder prevention services shall 8 be granted a license by the board if the applicant 9 satisfies all of the following requirements: 10 a. Possesses a bachelor’s degree in a substance and 11 addictive disorders prevention-related area from an 12 accredited educational institution or from a program 13 approved by the board. 14 b. Possesses the required years of supervised 15 clinical experience or its equivalent as approved by 16 the board. 17 c. Passes an examination approved by the board. 18 Sec. 9. NEW SECTION . 154D.2B Scope of work —— 19 substance and addictive disorder counseling. 20 1. a. The scope of work for a person licensed as 21 a substance and addictive disorder counselor includes 22 all of the following and applies to co-occurring mental 23 health problems that are within the limits of the 24 person’s training and experience: 25 (1) Clinical evaluation, including formulation 26 of a diagnosis of a substance and addictive disorder, 27 with review by an independent substance and addictive 28 disorder counselor, a master substance and addictive 29 disorder counselor, or a mental health professional 30 as defined in section 228.1; screening, brief 31 intervention, and referral to treatment. 32 (2) Treatment planning. 33 (3) Referral. 34 (4) Service coordination and case management. 35 (5) Counseling, therapy, and education with 36 individuals, families, and groups. 37 (6) Substance and addictive disorder services 38 including client, family, and community education. 39 (7) Documentation. 40 (8) Professional and ethical responsibilities. 41 (9) Supervision of licensed substance and addictive 42 disorder prevention professionals. 43 b. A person licensed as a substance and addictive 44 disorder counselor may practice at a facility, in a 45 primary care setting, or under the clinical supervision 46 of an independent substance and addictive disorder 47 counselor or a master substance and addictive disorder 48 counselor. 49 2. a. The scope of work for a person licensed as 50 -5- HF569.944 (1) 85 ad/nh 5/ 11

a master substance and addictive disorder counselor 1 includes all of the following and applies to 2 co-occurring mental health problems that are within the 3 limits of the person’s training and experience: 4 (1) Clinical evaluation, including the diagnosis 5 of substance and addictive disorders, screening, and 6 assessment. 7 (2) Treatment planning. 8 (3) Referral. 9 (4) Service coordination and case management. 10 (5) Counseling, therapy, and education with 11 individuals, families, and groups. 12 (6) Substance and addictive disorder services 13 including client, family, and community education. 14 (7) Documentation. 15 (8) Professional and ethical responsibilities. 16 (9) Supervision of licensed substance and addictive 17 disorder counselors and licensed substance and 18 addictive disorder prevention professionals. 19 b. A person licensed as a master substance and 20 addictive disorder counselor may practice at a 21 facility, in a primary care setting, or under the 22 clinical supervision of an independent substance and 23 addictive disorder counselor. 24 3. a. The scope of work for a person licensed 25 as an independent substance and addictive disorder 26 counselor includes all of the following and applies to 27 co-occurring mental health problems that are within the 28 limits of the person’s training and experience: 29 (1) Clinical evaluation, including the diagnosis 30 of substance and addictive disorders, screening, and 31 assessment. 32 (2) Treatment planning. 33 (3) Referral. 34 (4) Service coordination and case management. 35 (5) Counseling, therapy, and education with 36 individuals, families, and groups. 37 (6) Substance and addictive disorder services 38 including client, family, and community education. 39 (7) Documentation. 40 (8) Professional and ethical responsibilities. 41 (9) Supervision of licensed substance and addictive 42 disorder counselors, licensed master substance and 43 addictive disorder counselors, and licensed substance 44 and addictive disorder prevention professionals. 45 b. A person licensed as an independent substance 46 and addictive disorder counselor may practice at 47 a facility, in a primary care setting, or as an 48 independent private practitioner. 49 Sec. 10. Section 154D.3, subsection 1, paragraph b, 50 -6- HF569.944 (1) 85 ad/nh 6/ 11

Code 2013, is amended to read as follows: 1 b. (1) Standards for professional conduct of 2 persons licensed under this chapter . 3 (2) Standards for professional conduct for 4 persons practicing substance and addictive disorder 5 counseling or providing substance and addictive 6 disorder prevention services shall address the 7 following: informed consent, supervision, privacy and 8 confidentiality, record keeping, access to records, 9 billing and fees, conflicts of interest, physical 10 contact, termination of service, misrepresentation, 11 disclosure, impairment, research, and other areas as 12 determined by the board. 13 Sec. 11. Section 154D.3, subsection 1, Code 2013, 14 is amended by adding the following new paragraphs: 15 NEW PARAGRAPH . f. Requirements for a notification 16 provided by a licensed substance and addictive disorder 17 counselor, licensed master substance and addictive 18 disorder counselor, licensed independent substance and 19 addictive disorder counselor, or a licensed substance 20 and addictive disorder prevention professional to 21 the board regarding professional disciplinary action 22 taken against the person in any state. Professional 23 disciplinary action in any state may be grounds for 24 termination of a license to practice substance and 25 addictive disorder counseling or provide substance 26 and addictive disorder prevention services under this 27 chapter. 28 NEW PARAGRAPH . g. Requirements for listing 29 professional degrees related to substance and addictive 30 disorder counseling or substance and addictive disorder 31 prevention services. 32 NEW PARAGRAPH . h. Requirements for the accepted 33 standards of professional competence for a license to 34 practice substance and addictive disorder counseling or 35 substance and addictive disorder prevention services. 36 NEW PARAGRAPH . i. Requirements for allowing 37 reciprocity for persons licensed in other jurisdictions 38 to become licensed to practice as substance and 39 addictive disorder counselors or substance and 40 addictive disorder prevention professionals if the 41 qualifications for licensure in the other jurisdiction 42 are equivalent. 43 Sec. 12. Section 154D.4, subsection 1, Code 2013, 44 is amended to read as follows: 45 1. This chapter and chapter 147 do not prevent 46 qualified members of other professions, including 47 but not limited to nurses, psychologists, social 48 workers, physicians, physician assistants, attorneys 49 at law, or members of the clergy, from providing or 50 -7- HF569.944 (1) 85 ad/nh 7/ 11

advertising that they provide services of a marital 1 and family therapy , or mental health counseling , 2 substance and addictive disorder counseling, or 3 substance and addictive disorder prevention services 4 nature consistent with the accepted standards of their 5 respective professions, but these persons shall not use 6 a title or description denoting that they are licensed 7 marital and family therapists , or licensed mental 8 health counselors , licensed substance and addictive 9 disorder counselors, licensed master substance and 10 addictive disorder counselors, licensed independent 11 substance and addictive disorder counselors, or 12 licensed substance and addictive disorder prevention 13 professionals . 14 Sec. 13. Section 154D.4, subsection 2, paragraphs a 15 and b, Code 2013, are amended to read as follows: 16 a. Students whose activities are conducted within 17 a course of professional education in marital and 18 family therapy , or mental health counseling , substance 19 and addictive disorder counseling, or substance and 20 addictive disorder prevention services . 21 b. A person who practices marital and family 22 therapy , or mental health counseling , substance 23 and addictive disorder counseling, or substance and 24 addictive disorder prevention services under the 25 supervision of a person licensed under this chapter as 26 part of a clinical experience as described in section 27 154D.2, subsection 2 , or section 154D.2A . 28 Sec. 14. Section 154D.5, Code 2013, is amended to 29 read as follows: 30 154D.5 Sexual conduct with client. 31 The license of a marital and family therapist , or 32 a mental health counselor , a substance and addictive 33 disorder counselor, a master substance and addictive 34 disorder counselor, an independent substance and 35 addictive disorder counselor, or a substance and 36 addictive disorder prevention professional shall be 37 revoked if the board finds that the licensee engaged in 38 sexual activity with a client as determined by board 39 rule. The revocation shall be in addition to any other 40 penalties provided by law. 41 Sec. 15. NEW SECTION . 154D.8 Temporary license —— 42 substance and addictive disorder counseling —— substance 43 and addictive disorder prevention services —— fees. 44 A person who has fulfilled all of the applicable 45 requirements for licensure under section 154D.2A except 46 for completion of the supervised clinical experience 47 requirement as determined by the board, may apply to 48 the board for a temporary license. A temporary license 49 shall be designated as such and shall authorize the 50 -8- HF569.944 (1) 85 ad/nh 8/ 11

licensee to practice substance and addictive disorder 1 counseling or to provide substance and addictive 2 disorder prevention services under the supervision of 3 a qualified supervisor as determined by the board. 4 The license shall be valid for three years and may be 5 renewed at the discretion of the board. The fee for a 6 temporary license shall be set by the board to cover 7 the administrative cost of issuing the license and, if 8 renewed, a renewal fee as set by the board shall be 9 required. 10 Sec. 16. Section 232.69, subsection 1, paragraph 11 b, subparagraph (6), Code 2013, is amended to read as 12 follows: 13 (6) An A person licensed to practice substance and 14 addictive disorder counseling or prevention services or 15 an employee or operator of a substance abuse program or 16 facility licensed under chapter 125 . 17 Sec. 17. Section 235B.3, subsection 2, Code 2013, 18 is amended by adding the following new paragraph: 19 NEW PARAGRAPH . i. A person licensed to practice 20 substance and addictive disorder counseling or 21 prevention services. 22 Sec. 18. TRANSITION PROVISIONS. 23 1. Notwithstanding sections 147.14 and 147.16, 24 the governor may intitially appoint to the board 25 of behavioral science pursuant to section 147.14, 26 subsection 1, paragraph “m”, as amended by this Act, 27 subject to confirmation by the senate, in lieu of the 28 members licensed to practice substance and addictive 29 disorder counseling and substance and addictive 30 disorder prevention services, members with experience 31 and expertise that is substantially equivalent to the 32 professional requirements for a license to practice 33 substance and addictive disorder counseling or 34 substance and addictive disorder prevention services. 35 2. a. A substance and addictive disorder counselor 36 practicing substance and addictive disorder counseling 37 or a substance and addictive disorder prevention 38 professional providing substance and addictive disorder 39 prevention services on or before January 1, 2015, may 40 continue practicing substance and addictive disorder 41 counseling or providing substance and addictive 42 disorder prevention services, as applicable, while 43 completing licensure as required under this Act. 44 b. A person practicing substance and addictive 45 disorder counseling or providing substance and 46 addictive disorder prevention services on or before 47 January 1, 2015, that possesses credentials acceptable 48 to the board of behavioral science but does not meet 49 the requirements for licensure in section 154D.2A, as 50 -9- HF569.944 (1) 85 ad/nh 9/ 11

enacted in this Act, shall be eligible for licensure 1 as a substance and addictive disorder counselor 2 or substance and addictive disorder prevention 3 professional as determined by the board. Those 4 persons receiving licenses pursuant to this paragraph 5 shall remain eligible for renewal of the license 6 notwithstanding the requirements of section 154D.2A, 7 as enacted in this Act, unless the board otherwise 8 determines the person is not eligible for renewal of 9 the license. 10 c. The board of behavioral science shall adopt 11 rules to provide a transition process that allows 12 the substance and addictive disorder counselors 13 and substance and addictive disorder prevention 14 professionals described in this subsection to complete 15 the requirements for licensure and obtain a license or 16 to obtain a license notwithstanding section 154D.2A as 17 enacted in this Act based on the person’s credentials, 18 no later than June 30, 2016. 19 Sec. 19. IMPLEMENTATION. 20 1. The sections of this Act relating to 21 requirements for licensure of substance and addictive 22 disorder counselors, master substance and addictive 23 disorder counselors, independent substance and 24 addictive disorder counselors, and substance and 25 addictive disorder prevention professionals, including 26 sections 154D.2A, 154D.2B, and 154D.8, as enacted in 27 this Act; and sections 147.1, 147.2, 147.13, 147.74, 28 154D.1, 154D.3, 154D.4, and 154D.5, as amended in this 29 Act, shall be implemented so the requirements are 30 applicable beginning no later than January 1, 2015. 31 2. The implementation of licensure for substance 32 and addictive disorder counselors, master substance and 33 addictive disorder counselors, independent substance 34 and addictive disorder counselors, and substance and 35 addictive disorder prevention professionals is subject 36 to the approval of a one-time state appropriation to 37 cover the initial administrative costs. 38 Sec. 20. EFFECTIVE UPON ENACTMENT. This Act, being 39 deemed of immediate importance, takes effect upon 40 enactment. > 41 2. Title page, by striking lines 2 and 3 and 42 inserting < substance and addictive disorder counseling 43 or providing substance and addictive disorder 44 prevention services, making penalties > 45 3. Title page, line 4, after < including > by 46 inserting < transition, implementation, and > 47 -10- HF569.944 (1) 85 ad/nh 10/ 11 #2.