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 TLSB 1404HV (3) 89 dg/rh
H.F. 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 . 35 -1- LSB 1404HV (3) 89 dg/rh 1/ 4
H.F. 485 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 35 -2- LSB 1404HV (3) 89 dg/rh 2/ 4
H.F. 485 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 35 -3- LSB 1404HV (3) 89 dg/rh 3/ 4
H.F. 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. 32 -4- LSB 1404HV (3) 89 dg/rh 4/ 4