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House File 485 - IntroducedA Bill ForAn Act 1relating to supervision requirements for licensed
2marital and family therapists, mental health counselors, and
3social workers, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 154C.3, subsection 1, paragraph c,
2subparagraph (5), subparagraph division (a), Code 2021, is
3amended by adding the following new subparagraph subdivision:
4 NEW SUBPARAGRAPH SUBDIVISION. (0ii) By a person licensed
5under section 154D.2 to practice marital and family therapy
6without supervision or mental health counseling without
7supervision.
8 Sec. 2. Section 154C.3, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 4. Supervision. The board shall not, by
11rule or other means, require that supervision be completed
12in-person as a condition for an applicant to receive a license,
13a reciprocal license, or a renewed license under this chapter.
14 Sec. 3. Section 154D.2, Code 2021, is amended to read as
15follows:
16154D.2 Licensure — marital and family therapy — mental
17health counseling.
181. An applicant for a license to practice marital and family
19therapy or mental health counseling shall be granted a license
20by the board when the applicant satisfies all of the following
21requirements:
221. a. Possesses a master’s degree in marital and family
23therapy or mental health counseling, as applicable, consisting
24of at least sixty semester hours, or its equivalent, from a
25nationally accredited institution or from a program approved
26by the board.
272. b. Has at least two years of supervised clinical
28experience or its equivalent as approved by the board.
29Standards for supervision, including the required
30qualifications for supervisors, shall be determined pursuant
31to the requirements in subsection 2 and by the board by rule,
32provided that a supervisor may be a person licensed under this
33section to practice marital and family therapy or mental health
34counseling without supervision or a licensed independent social
35worker licensed under chapter 154C.
-1- 13. c. Passes an examination approved by the board.
22. The board shall not, by rule or other means, require any
3in-person supervised clinical experience.
4 Sec. 4. Section 154D.4, subsection 2, paragraph b, Code
52021, is amended to read as follows:
6b. A person who practices marital and family therapy or
7mental health counseling under the supervision of a person
8licensed under this chapter as part of a clinical experience as
9described in section 154D.2, subsection 2 1, paragraph “b”.
10 Sec. 5. BOARD OF SOCIAL WORK AND BOARD OF BEHAVIORAL SCIENCE
11— RULES. The board of social work and the board of behavioral
12science shall amend their administrative rules pursuant to
13chapter 17A to remove any requirement for supervised clinical
14experience and supervised professional practice to be completed
15in-person as a condition for the licensure of marital and
16family therapists, mental health counselors, and social workers
17pursuant to chapters 154C and 154D. The board of social work
18and the board of behavioral science shall replace all licensing
19requirements for in-person supervision with the ability to have
20supervision requirements completed electronically.
21 Sec. 6. EMERGENCY RULES.
221. The board of social work and the board of behavioral
23science shall adopt emergency rules under section 17A.4,
24subsection 3, and section 17A.5, subsection 2, to implement
25the sections of this Act amending section 154C.3 and section
26154D.2, and the rules shall be effective immediately upon
27filing unless a later date is specified in the rules. Any
28emergency rules adopted in accordance with this section shall
29also be published as a notice of intended action as provided
30in section 17A.4, subsection 1.
312. The board of social work and the board of behavioral
32science shall jointly develop rules adopted pursuant to this
33subsection through a collaborative process. The respective
34boards may establish subcommittees or designate other personnel
35to facilitate such a process. Such rules shall consist of
-2-1substantively identical standards applicable to the professions
2regulated by the respective boards and shall, to the greatest
3extent possible, consist of substantially similar language
4in a substantially similar format. Prior to a vote to adopt
5such rules by either board, each board shall, by a separate
6vote, approve the language to be adopted by the other board.
7Neither board shall vote to adopt such rules until the rules
8to be adopted by both boards have been so approved. Such rules
9shall have the same effective date and shall be submitted to
10the administrative rules coordinator and the administrative
11code editor for publication in the same issue of the Iowa
12administrative bulletin pursuant to sections 17A.4 and 17A.5.
13 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
14importance, takes effect upon enactment.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to supervision requirements for licensed
19marital and family therapists, mental health counselors, and
20social workers and provides an effective date.
21The bill provides that the board of social work and the
22board of behavioral science shall not require that supervision
23of an applicant for a license as a social worker, marital
24or family therapist, or mental health counselor be completed
25in-person. The bill allows licensed marital and family
26therapists and mental health counselors eligible to practice
27without supervision to supervise applicants for an independent
28social worker license.
29The bill provides that the board of behavioral science
30shall not require supervised clinical experience for marital
31or family therapists or mental health counselors. The bill
32allows licensed marital and family therapists and mental
33health counselors eligible to practice without supervision and
34licensed independent social workers to supervise applicants
35for a marital and family therapist license or mental health
-3-1counselor license. The bill makes a conforming change to Code
2section 154D.4(2)(b).
3The bill directs the board of social work and the board
4of behavioral science to amend their administrative rules to
5remove any requirement for supervised clinical experience and
6supervised professional practice to be completed in-person as a
7condition for the licensure of marital and family therapists,
8mental health counselors, and social workers.
9The bill requires the board of social work and board of
10behavioral science to adopt emergency rules. The rules shall
11be effective immediately upon filing unless a later date is
12specified in the rules. Any emergency rules adopted shall also
13be published as a notice of intended action as provided in Code
14section 17A.4, subsection 1.
15The bill requires the board of social work and the board
16of behavioral science to jointly develop rules through a
17collaborative process. The respective boards may establish
18subcommittees or designate other personnel to facilitate the
19process. The adopted rules shall consist of substantively
20identical standards applicable to the professions regulated
21by the respective boards and shall, to the greatest extent
22possible, consist of substantially similar language in a
23substantially similar format. Prior to a vote to adopt the
24rules by either board, each board shall, by a separate vote,
25approve the language to be adopted by the other board. Neither
26board shall vote to adopt such rules until the rules to be
27adopted by both boards have been so approved. Such rules
28shall have the same effective date and shall be submitted to
29the administrative rules coordinator and the administrative
30code editor for publication in the same issue of the Iowa
31administrative bulletin.
32The bill takes effect upon enactment.
-4-dg/rh
2marital and family therapists, mental health counselors, and
3social workers, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 154C.3, subsection 1, paragraph c,
2subparagraph (5), subparagraph division (a), Code 2021, is
3amended by adding the following new subparagraph subdivision:
4 NEW SUBPARAGRAPH SUBDIVISION. (0ii) By a person licensed
5under section 154D.2 to practice marital and family therapy
6without supervision or mental health counseling without
7supervision.
8 Sec. 2. Section 154C.3, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 4. Supervision. The board shall not, by
11rule or other means, require that supervision be completed
12in-person as a condition for an applicant to receive a license,
13a reciprocal license, or a renewed license under this chapter.
14 Sec. 3. Section 154D.2, Code 2021, is amended to read as
15follows:
16154D.2 Licensure — marital and family therapy — mental
17health counseling.
181. An applicant for a license to practice marital and family
19therapy or mental health counseling shall be granted a license
20by the board when the applicant satisfies all of the following
21requirements:
221. a. Possesses a master’s degree in marital and family
23therapy or mental health counseling, as applicable, consisting
24of at least sixty semester hours, or its equivalent, from a
25nationally accredited institution or from a program approved
26by the board.
272. b. Has at least two years of supervised clinical
28experience or its equivalent as approved by the board.
29Standards for supervision, including the required
30qualifications for supervisors, shall be determined pursuant
31to the requirements in subsection 2 and by the board by rule,
32provided that a supervisor may be a person licensed under this
33section to practice marital and family therapy or mental health
34counseling without supervision or a licensed independent social
35worker licensed under chapter 154C.
-1- 13. c. Passes an examination approved by the board.
22. The board shall not, by rule or other means, require any
3in-person supervised clinical experience.
4 Sec. 4. Section 154D.4, subsection 2, paragraph b, Code
52021, is amended to read as follows:
6b. A person who practices marital and family therapy or
7mental health counseling under the supervision of a person
8licensed under this chapter as part of a clinical experience as
9described in section 154D.2, subsection 2 1, paragraph “b”.
10 Sec. 5. BOARD OF SOCIAL WORK AND BOARD OF BEHAVIORAL SCIENCE
11— RULES. The board of social work and the board of behavioral
12science shall amend their administrative rules pursuant to
13chapter 17A to remove any requirement for supervised clinical
14experience and supervised professional practice to be completed
15in-person as a condition for the licensure of marital and
16family therapists, mental health counselors, and social workers
17pursuant to chapters 154C and 154D. The board of social work
18and the board of behavioral science shall replace all licensing
19requirements for in-person supervision with the ability to have
20supervision requirements completed electronically.
21 Sec. 6. EMERGENCY RULES.
221. The board of social work and the board of behavioral
23science shall adopt emergency rules under section 17A.4,
24subsection 3, and section 17A.5, subsection 2, to implement
25the sections of this Act amending section 154C.3 and section
26154D.2, and the rules shall be effective immediately upon
27filing unless a later date is specified in the rules. Any
28emergency rules adopted in accordance with this section shall
29also be published as a notice of intended action as provided
30in section 17A.4, subsection 1.
312. The board of social work and the board of behavioral
32science shall jointly develop rules adopted pursuant to this
33subsection through a collaborative process. The respective
34boards may establish subcommittees or designate other personnel
35to facilitate such a process. Such rules shall consist of
-2-1substantively identical standards applicable to the professions
2regulated by the respective boards and shall, to the greatest
3extent possible, consist of substantially similar language
4in a substantially similar format. Prior to a vote to adopt
5such rules by either board, each board shall, by a separate
6vote, approve the language to be adopted by the other board.
7Neither board shall vote to adopt such rules until the rules
8to be adopted by both boards have been so approved. Such rules
9shall have the same effective date and shall be submitted to
10the administrative rules coordinator and the administrative
11code editor for publication in the same issue of the Iowa
12administrative bulletin pursuant to sections 17A.4 and 17A.5.
13 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
14importance, takes effect upon enactment.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to supervision requirements for licensed
19marital and family therapists, mental health counselors, and
20social workers and provides an effective date.
21The bill provides that the board of social work and the
22board of behavioral science shall not require that supervision
23of an applicant for a license as a social worker, marital
24or family therapist, or mental health counselor be completed
25in-person. The bill allows licensed marital and family
26therapists and mental health counselors eligible to practice
27without supervision to supervise applicants for an independent
28social worker license.
29The bill provides that the board of behavioral science
30shall not require supervised clinical experience for marital
31or family therapists or mental health counselors. The bill
32allows licensed marital and family therapists and mental
33health counselors eligible to practice without supervision and
34licensed independent social workers to supervise applicants
35for a marital and family therapist license or mental health
-3-1counselor license. The bill makes a conforming change to Code
2section 154D.4(2)(b).
3The bill directs the board of social work and the board
4of behavioral science to amend their administrative rules to
5remove any requirement for supervised clinical experience and
6supervised professional practice to be completed in-person as a
7condition for the licensure of marital and family therapists,
8mental health counselors, and social workers.
9The bill requires the board of social work and board of
10behavioral science to adopt emergency rules. The rules shall
11be effective immediately upon filing unless a later date is
12specified in the rules. Any emergency rules adopted shall also
13be published as a notice of intended action as provided in Code
14section 17A.4, subsection 1.
15The bill requires the board of social work and the board
16of behavioral science to jointly develop rules through a
17collaborative process. The respective boards may establish
18subcommittees or designate other personnel to facilitate the
19process. The adopted rules shall consist of substantively
20identical standards applicable to the professions regulated
21by the respective boards and shall, to the greatest extent
22possible, consist of substantially similar language in a
23substantially similar format. Prior to a vote to adopt the
24rules by either board, each board shall, by a separate vote,
25approve the language to be adopted by the other board. Neither
26board shall vote to adopt such rules until the rules to be
27adopted by both boards have been so approved. Such rules
28shall have the same effective date and shall be submitted to
29the administrative rules coordinator and the administrative
30code editor for publication in the same issue of the Iowa
31administrative bulletin.
32The bill takes effect upon enactment.
-4-dg/rh