Senate Study Bill 1212 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act relating to licensure of professionals practicing 1 addiction counseling or providing addiction prevention 2 services by the behavioral science board, making penalties 3 applicable, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2144SC (3) 85 ad/nh

S.F. _____ Section 1. Section 147.1, subsections 3 and 6, Code 2013, 1 are amended to read as follows: 2 3. “Licensed” or “certified” , when applied to a physician 3 and surgeon, podiatric physician, osteopathic physician and 4 surgeon, physician assistant, psychologist, chiropractor, 5 nurse, dentist, dental hygienist, dental assistant, 6 optometrist, speech pathologist, audiologist, pharmacist, 7 physical therapist, physical therapist assistant, occupational 8 therapist, occupational therapy assistant, orthotist, 9 prosthetist, pedorthist, respiratory care practitioner, 10 practitioner of cosmetology arts and sciences, practitioner 11 of barbering, funeral director, dietitian, marital and 12 family therapist, mental health counselor, social worker, 13 addiction counselor, advanced addiction counselor, addiction 14 prevention professional, massage therapist, athletic trainer, 15 acupuncturist, nursing home administrator, hearing aid 16 dispenser, or sign language interpreter or transliterator means 17 a person licensed under this subtitle . 18 6. “Profession” means medicine and surgery, podiatry, 19 osteopathic medicine and surgery, practice as a physician 20 assistant, psychology, chiropractic, nursing, dentistry, 21 dental hygiene, dental assisting, optometry, speech pathology, 22 audiology, pharmacy, physical therapy, physical therapist 23 assisting, occupational therapy, occupational therapy 24 assisting, respiratory care, cosmetology arts and sciences, 25 barbering, mortuary science, marital and family therapy, mental 26 health counseling, social work, addiction counseling, addiction 27 prevention services, dietetics, massage therapy, athletic 28 training, acupuncture, nursing home administration, hearing 29 aid dispensing, sign language interpreting or transliterating, 30 orthotics, prosthetics, or pedorthics. 31 Sec. 2. Section 147.2, subsection 1, Code 2013, is amended 32 to read as follows: 33 1. A person shall not engage in the practice of medicine 34 and surgery, podiatry, osteopathic medicine and surgery, 35 -1- LSB 2144SC (3) 85 ad/nh 1/ 9

S.F. _____ psychology, chiropractic, physical therapy, physical 1 therapist assisting, nursing, dentistry, dental hygiene, 2 dental assisting, optometry, speech pathology, audiology, 3 occupational therapy, occupational therapy assisting, 4 orthotics, prosthetics, pedorthics, respiratory care, 5 pharmacy, cosmetology arts and sciences, barbering, social 6 work, dietetics, marital and family therapy or mental health 7 counseling, addiction counseling or addiction prevention 8 services, massage therapy, mortuary science, athletic 9 training, acupuncture, nursing home administration, hearing aid 10 dispensing, or sign language interpreting or transliterating, 11 or shall not practice as a physician assistant, unless the 12 person has obtained a license for that purpose from the board 13 for the profession. 14 Sec. 3. Section 147.13, subsection 16, Code 2013, is amended 15 to read as follows: 16 16. For marital and family therapy , and mental health 17 counseling, addiction counseling, and addiction prevention 18 services, the board of behavioral science. 19 Sec. 4. Section 147.14, subsection 1, paragraph m, Code 20 2013, is amended to read as follows: 21 m. For behavioral science, three members licensed to 22 practice marital and family therapy, all of whom shall be 23 practicing marital and family therapists; three members 24 licensed to practice mental health counseling, one of whom 25 shall be employed in graduate teaching, training, or research 26 in mental health counseling and two of whom shall be practicing 27 mental health counselors; one member licensed to practice 28 addiction counseling; one member licensed to practice advanced 29 addiction counseling; one member licensed to practice as an 30 addiction prevention professional; and three members who 31 are not licensed to practice marital and family therapy , or 32 mental health counseling , addiction counseling, or addiction 33 prevention services and who shall represent the general public. 34 Sec. 5. Section 147.74, Code 2013, is amended by adding the 35 -2- LSB 2144SC (3) 85 ad/nh 2/ 9

S.F. _____ following new subsection: 1 NEW SUBSECTION . 23A. An addiction counselor licensed 2 under chapter 154D may use the words “licensed addiction 3 counselor” after the person’s name or signify the same by 4 the use of the letters “L.A.C.” after the person’s name. An 5 advanced addiction counselor licensed under chapter 154D may 6 use the words “licensed advanced addiction counselor” after the 7 person’s name or signify the same by the use of the letters 8 “L.A.A.C.” after the person’s name. An addiction prevention 9 professional licensed under chapter 154D may use the words 10 “licensed addiction prevention professional” after the person’s 11 name or signify the same by the use of the letters “L.A.P.P.” 12 after the person’s name. 13 Sec. 6. Section 154D.1, Code 2013, is amended by adding the 14 following new subsections: 15 NEW SUBSECTION . 01. “Addiction counseling” means counseling 16 of persons with substance use disorders which consists of 17 the application of general counseling theories and treatment 18 methods adopted with the express purpose of treating alcohol 19 and drug problems. 20 NEW SUBSECTION . 001. “Addiction prevention services” means 21 services that implement strategies and activities that have 22 been shown to increase protective factors, prevent high-risk 23 behaviors, and effectively reduce rates of substance abuse and 24 addiction. 25 NEW SUBSECTION . 1A. “Endorsement” means a person has 26 demonstrated knowledge, skill, and competency in working in 27 a subspecialty within the addiction counseling or addiction 28 prevention services field. A person must pass an exam approved 29 by the board as well as meet all other experiential and 30 educational requirements required by the board to receive an 31 endorsement. 32 NEW SUBSECTION . 1B. “Licensed addiction counselor” means 33 a person licensed to practice addiction counseling under 34 supervision pursuant to this chapter. 35 -3- LSB 2144SC (3) 85 ad/nh 3/ 9

S.F. _____ NEW SUBSECTION . 1C. “Licensed addiction prevention 1 professional” means a person licensed to provide addiction 2 prevention services pursuant to this chapter. 3 NEW SUBSECTION . 1D. “Licensed advanced addiction counselor” 4 means a person licensed to practice addiction counseling 5 pursuant to this chapter. 6 Sec. 7. Section 154D.1, subsection 4, Code 2013, is amended 7 to read as follows: 8 4. “Licensee” includes a licensed addiction counselor, 9 licensed advanced addiction counselor, licensed addiction 10 prevention professional, licensed marital and family therapist , 11 and a licensed mental health counselor. 12 Sec. 8. NEW SECTION . 154D.2A Licensure —— addiction 13 counseling and prevention services. 14 1. An applicant for a license to practice addiction 15 counseling shall be granted a license by the board if the 16 applicant satisfies all of the following requirements: 17 a. Possesses a bachelor’s degree in addictions or a 18 counseling-related area from an accredited educational 19 institution or from a program approved by the board. 20 b. Possesses the required years of supervised clinical 21 experience or its equivalent as approved by the board. 22 c. Passes an examination approved by the board. 23 2. An applicant for a license to practice advanced addiction 24 counseling shall be granted a license by the board if the 25 applicant satisfies all of the following requirements: 26 a. Possesses a master’s degree in addictions or a 27 counseling-related area from an accredited educational 28 institution or from a program approved by the board. 29 b. Possesses the required years of supervised clinical 30 experience or its equivalent as approved by the board. 31 c. Passes an examination approved by the board. 32 3. An applicant for a license to provide addiction 33 prevention services shall be granted a license by the board if 34 the applicant satisfies all of the following requirements: 35 -4- LSB 2144SC (3) 85 ad/nh 4/ 9

S.F. _____ a. Possesses a bachelor’s degree in a prevention-related 1 field from an accredited educational institution or from a 2 program approved by the board. 3 b. Possesses the required years of supervised clinical 4 experience or its equivalent as approved by the board. 5 c. Passes an examination approved by the board. 6 Sec. 9. Section 154D.3, subsection 1, Code 2013, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . f. Standards for supervision of licensees 9 requiring direct or other supervision. 10 Sec. 10. Section 154D.4, subsection 1, Code 2013, is amended 11 to read as follows: 12 1. This chapter and chapter 147 do not prevent qualified 13 members of other professions, including but not limited to 14 nurses, psychologists, social workers, physicians, physician 15 assistants, attorneys at law, or members of the clergy, from 16 providing or advertising that they provide services of a 17 marital and family therapy or mental health counseling nature 18 or which involve addiction counseling or related addiction 19 prevention services consistent with the accepted standards of 20 their respective professions, but these persons shall not use a 21 title or description denoting that they are licensed marital 22 and family therapists , or licensed mental health counselors , 23 licensed addiction counselors, licensed advanced addiction 24 counselors, or licensed addiction prevention professionals . 25 Sec. 11. Section 154D.4, subsection 2, paragraphs a and b, 26 Code 2013, are amended to read as follows: 27 a. Students whose activities are conducted within a course 28 of professional education in marital and family therapy , or 29 mental health counseling , addiction counseling, or addiction 30 prevention services . 31 b. A person who practices marital and family therapy , or 32 mental health counseling , addiction counseling, or addiction 33 prevention services under the supervision of a person licensed 34 under this chapter as part of a clinical experience as 35 -5- LSB 2144SC (3) 85 ad/nh 5/ 9

S.F. _____ described in section 154D.2, subsection 2 , or section 154D.2A . 1 Sec. 12. Section 154D.5, Code 2013, is amended to read as 2 follows: 3 154D.5 Sexual conduct with client. 4 The license of a marital and family therapist , or a mental 5 health counselor , an addiction counselor, an advanced addiction 6 counselor, or an addiction prevention professional shall be 7 revoked if the board finds that the licensee engaged in sexual 8 activity with a client as determined by board rule. The 9 revocation shall be in addition to any other penalties provided 10 by law. 11 Sec. 13. NEW SECTION . 154D.8 Temporary license —— addiction 12 counseling —— addiction prevention services —— fees. 13 A person who has fulfilled all of the applicable 14 requirements for licensure under section 154D.2A, except for 15 completion of the postgraduate supervised clinical experience 16 requirement as determined by the board by rule, may apply 17 to the board for a temporary license. A temporary license 18 shall be designated “licensed addiction counselor – temporary” 19 or “licensed addiction prevention professional – temporary” 20 and shall authorize the licensee to practice addiction 21 counseling or to provide addiction prevention services under 22 the supervision of a qualified supervisor as determined by the 23 board by rule. The license shall be valid for three years and 24 may be renewed at the discretion of the board. The fee for 25 a temporary license shall be set by the board to cover the 26 administrative cost of issuing the license and, if renewed, a 27 renewal fee as set by the board shall be required. 28 Sec. 14. NEW SECTION . 154D.9 Endorsements. 29 A person licensed as an addiction counselor, advanced 30 addiction counselor, or addiction prevention professional under 31 this chapter may be granted an endorsement by the board when 32 the licensee satisfies all of the following: 33 1. Possesses a current and valid license under this chapter. 34 2. Possesses all educational and experiential requirements 35 -6- LSB 2144SC (3) 85 ad/nh 6/ 9

S.F. _____ adopted by the board. 1 3. Passes an examination approved by the board. 2 Sec. 15. TRANSITION PROVISIONS. 3 1. Notwithstanding sections 147.14 and 147.16, the governor 4 may appoint to the board of behavioral science pursuant to 5 section 147.14, subsection 1, paragraph “m”, as amended by this 6 Act, subject to confirmation by the senate, in lieu of the one 7 member licensed to practice addiction counseling, one member 8 licensed to practice advanced addiction counseling, one member 9 licensed to practice as an addiction prevention professional, 10 members with experience and expertise that is substantially 11 equivalent to the professional requirements for addiction 12 counselors, advanced addiction counselors, and addiction 13 prevention professionals, as applicable. 14 2. An addiction counselor practicing addiction counseling 15 or an addiction prevention professional providing addiction 16 prevention services on or before January 1, 2015, may continue 17 practicing addiction counseling or providing addiction 18 prevention services, as applicable, while completing licensure 19 as required under this Act. The board of behavioral science 20 shall adopt rules to provide a transition process that 21 allows such addiction counselors and addiction prevention 22 professionals to complete the requirements for licensure no 23 later than June 30, 2016. 24 Sec. 16. IMPLEMENTATION. The sections of this Act relating 25 to requirements for licensure of addiction counselors, advanced 26 addiction counselors, and addiction prevention professionals, 27 including sections 154D.2A, 154D.8, and 154D.9, as enacted 28 in this Act; and sections 147.1, 154D.1, 154D.3, 154D.4, and 29 154D.5, as amended in this Act, shall be implemented so the 30 requirements are applicable beginning no later than January 1, 31 2015. 32 Sec. 17. EFFECTIVE UPON ENACTMENT. This Act, being deemed 33 of immediate importance, takes effect upon enactment. 34 EXPLANATION 35 -7- LSB 2144SC (3) 85 ad/nh 7/ 9

S.F. _____ This bill provides for the licensing of professionals 1 practicing addiction counseling or providing addiction 2 prevention services. The bill provides definitions relating 3 to the different types of licensure and establishes certain 4 minimum requirements for obtaining a license. The bill also 5 allows a professional practicing addiction counseling or 6 providing addiction prevention services to receive a temporary 7 license. 8 The bill requires the board of behavioral science to 9 regulate professionals practicing in the area of addiction 10 counseling or providing addiction prevention services. 11 The bill also allows the board to grant an endorsement to 12 an addiction counselor, advanced addiction counselor, or 13 an addiction prevention professional when the person has 14 demonstrated knowledge, skill, and competency in working in a 15 subspecialty within the addictions field. 16 The bill makes conforming changes in Code chapter 17 147, regarding the general provisions for health-related 18 professions, and amends the membership of the board of 19 behavioral science to include an addiction counselor, advanced 20 addiction counselor, and an addiction prevention professional. 21 The bill provides transition provisions for the initial 22 appointment of the additional members to the board of 23 behavioral science. The bill also provides transition 24 provisions relating to a phased-in implementation of 25 requirements for licensure for addiction counselors, advanced 26 addiction counselors, and addiction prevention professionals 27 practicing addiction counseling or providing addiction 28 prevention services prior to January 1, 2015. 29 The bill takes effect upon enactment, but provides for 30 implementation by January 1, 2015. 31 The provisions of Code chapters 147 and 272C, including 32 licensing sanctions and a provision in Code section 147.86, 33 that a violation of Code chapter 147 or 154D is a serious 34 misdemeanor, are applicable to addiction counselors, advanced 35 -8- LSB 2144SC (3) 85 ad/nh 8/ 9