House
File
485
-
Introduced
HOUSE
FILE
485
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HF
107)
A
BILL
FOR
An
Act
relating
to
supervision
requirements
for
licensed
1
marital
and
family
therapists,
mental
health
counselors,
and
2
social
workers,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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485
Section
1.
Section
154C.3,
subsection
1,
paragraph
c,
1
subparagraph
(5),
subparagraph
division
(a),
Code
2021,
is
2
amended
by
adding
the
following
new
subparagraph
subdivision:
3
NEW
SUBPARAGRAPH
SUBDIVISION
.
(0ii)
By
a
person
licensed
4
under
section
154D.2
to
practice
marital
and
family
therapy
5
without
supervision
or
mental
health
counseling
without
6
supervision.
7
Sec.
2.
Section
154C.3,
Code
2021,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
4.
Supervision.
The
board
shall
not,
by
10
rule
or
other
means,
require
that
supervision
be
completed
11
in-person
as
a
condition
for
an
applicant
to
receive
a
license,
12
a
reciprocal
license,
or
a
renewed
license
under
this
chapter.
13
Sec.
3.
Section
154D.2,
Code
2021,
is
amended
to
read
as
14
follows:
15
154D.2
Licensure
——
marital
and
family
therapy
——
mental
16
health
counseling.
17
1.
An
applicant
for
a
license
to
practice
marital
and
family
18
therapy
or
mental
health
counseling
shall
be
granted
a
license
19
by
the
board
when
the
applicant
satisfies
all
of
the
following
20
requirements:
21
1.
a.
Possesses
a
master’s
degree
in
marital
and
family
22
therapy
or
mental
health
counseling,
as
applicable,
consisting
23
of
at
least
sixty
semester
hours,
or
its
equivalent,
from
a
24
nationally
accredited
institution
or
from
a
program
approved
25
by
the
board.
26
2.
b.
Has
at
least
two
years
of
supervised
clinical
27
experience
or
its
equivalent
as
approved
by
the
board.
28
Standards
for
supervision,
including
the
required
29
qualifications
for
supervisors,
shall
be
determined
pursuant
30
to
the
requirements
in
subsection
2
and
by
the
board
by
rule
,
31
provided
that
a
supervisor
may
be
a
person
licensed
under
this
32
section
to
practice
marital
and
family
therapy
or
mental
health
33
counseling
without
supervision
or
a
licensed
independent
social
34
worker
licensed
under
chapter
154C
.
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3.
c.
Passes
an
examination
approved
by
the
board.
1
2.
The
board
shall
not,
by
rule
or
other
means,
require
any
2
in-person
supervised
clinical
experience.
3
Sec.
4.
Section
154D.4,
subsection
2,
paragraph
b,
Code
4
2021,
is
amended
to
read
as
follows:
5
b.
A
person
who
practices
marital
and
family
therapy
or
6
mental
health
counseling
under
the
supervision
of
a
person
7
licensed
under
this
chapter
as
part
of
a
clinical
experience
as
8
described
in
section
154D.2,
subsection
2
1,
paragraph
“b”
.
9
Sec.
5.
BOARD
OF
SOCIAL
WORK
AND
BOARD
OF
BEHAVIORAL
SCIENCE
10
——
RULES.
The
board
of
social
work
and
the
board
of
behavioral
11
science
shall
amend
their
administrative
rules
pursuant
to
12
chapter
17A
to
remove
any
requirement
for
supervised
clinical
13
experience
and
supervised
professional
practice
to
be
completed
14
in-person
as
a
condition
for
the
licensure
of
marital
and
15
family
therapists,
mental
health
counselors,
and
social
workers
16
pursuant
to
chapters
154C
and
154D.
The
board
of
social
work
17
and
the
board
of
behavioral
science
shall
replace
all
licensing
18
requirements
for
in-person
supervision
with
the
ability
to
have
19
supervision
requirements
completed
electronically.
20
Sec.
6.
EMERGENCY
RULES.
21
1.
The
board
of
social
work
and
the
board
of
behavioral
22
science
shall
adopt
emergency
rules
under
section
17A.4,
23
subsection
3,
and
section
17A.5,
subsection
2,
to
implement
24
the
sections
of
this
Act
amending
section
154C.3
and
section
25
154D.2,
and
the
rules
shall
be
effective
immediately
upon
26
filing
unless
a
later
date
is
specified
in
the
rules.
Any
27
emergency
rules
adopted
in
accordance
with
this
section
shall
28
also
be
published
as
a
notice
of
intended
action
as
provided
29
in
section
17A.4,
subsection
1.
30
2.
The
board
of
social
work
and
the
board
of
behavioral
31
science
shall
jointly
develop
rules
adopted
pursuant
to
this
32
subsection
through
a
collaborative
process.
The
respective
33
boards
may
establish
subcommittees
or
designate
other
personnel
34
to
facilitate
such
a
process.
Such
rules
shall
consist
of
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substantively
identical
standards
applicable
to
the
professions
1
regulated
by
the
respective
boards
and
shall,
to
the
greatest
2
extent
possible,
consist
of
substantially
similar
language
3
in
a
substantially
similar
format.
Prior
to
a
vote
to
adopt
4
such
rules
by
either
board,
each
board
shall,
by
a
separate
5
vote,
approve
the
language
to
be
adopted
by
the
other
board.
6
Neither
board
shall
vote
to
adopt
such
rules
until
the
rules
7
to
be
adopted
by
both
boards
have
been
so
approved.
Such
rules
8
shall
have
the
same
effective
date
and
shall
be
submitted
to
9
the
administrative
rules
coordinator
and
the
administrative
10
code
editor
for
publication
in
the
same
issue
of
the
Iowa
11
administrative
bulletin
pursuant
to
sections
17A.4
and
17A.5.
12
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
13
importance,
takes
effect
upon
enactment.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
supervision
requirements
for
licensed
18
marital
and
family
therapists,
mental
health
counselors,
and
19
social
workers
and
provides
an
effective
date.
20
The
bill
provides
that
the
board
of
social
work
and
the
21
board
of
behavioral
science
shall
not
require
that
supervision
22
of
an
applicant
for
a
license
as
a
social
worker,
marital
23
or
family
therapist,
or
mental
health
counselor
be
completed
24
in-person.
The
bill
allows
licensed
marital
and
family
25
therapists
and
mental
health
counselors
eligible
to
practice
26
without
supervision
to
supervise
applicants
for
an
independent
27
social
worker
license.
28
The
bill
provides
that
the
board
of
behavioral
science
29
shall
not
require
supervised
clinical
experience
for
marital
30
or
family
therapists
or
mental
health
counselors.
The
bill
31
allows
licensed
marital
and
family
therapists
and
mental
32
health
counselors
eligible
to
practice
without
supervision
and
33
licensed
independent
social
workers
to
supervise
applicants
34
for
a
marital
and
family
therapist
license
or
mental
health
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485
counselor
license.
The
bill
makes
a
conforming
change
to
Code
1
section
154D.4(2)(b).
2
The
bill
directs
the
board
of
social
work
and
the
board
3
of
behavioral
science
to
amend
their
administrative
rules
to
4
remove
any
requirement
for
supervised
clinical
experience
and
5
supervised
professional
practice
to
be
completed
in-person
as
a
6
condition
for
the
licensure
of
marital
and
family
therapists,
7
mental
health
counselors,
and
social
workers.
8
The
bill
requires
the
board
of
social
work
and
board
of
9
behavioral
science
to
adopt
emergency
rules.
The
rules
shall
10
be
effective
immediately
upon
filing
unless
a
later
date
is
11
specified
in
the
rules.
Any
emergency
rules
adopted
shall
also
12
be
published
as
a
notice
of
intended
action
as
provided
in
Code
13
section
17A.4,
subsection
1.
14
The
bill
requires
the
board
of
social
work
and
the
board
15
of
behavioral
science
to
jointly
develop
rules
through
a
16
collaborative
process.
The
respective
boards
may
establish
17
subcommittees
or
designate
other
personnel
to
facilitate
the
18
process.
The
adopted
rules
shall
consist
of
substantively
19
identical
standards
applicable
to
the
professions
regulated
20
by
the
respective
boards
and
shall,
to
the
greatest
extent
21
possible,
consist
of
substantially
similar
language
in
a
22
substantially
similar
format.
Prior
to
a
vote
to
adopt
the
23
rules
by
either
board,
each
board
shall,
by
a
separate
vote,
24
approve
the
language
to
be
adopted
by
the
other
board.
Neither
25
board
shall
vote
to
adopt
such
rules
until
the
rules
to
be
26
adopted
by
both
boards
have
been
so
approved.
Such
rules
27
shall
have
the
same
effective
date
and
shall
be
submitted
to
28
the
administrative
rules
coordinator
and
the
administrative
29
code
editor
for
publication
in
the
same
issue
of
the
Iowa
30
administrative
bulletin.
31
The
bill
takes
effect
upon
enactment.
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