2022 -- H 7872

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LC005069

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- MENTAL HEALTH COUNSELORS

AND MARRIAGE AND FAMILY THERAPISTS

     Introduced By: Representatives Fogarty, Carson, Hull, J Lombardi, Shallcross Smith,
Ajello, Donovan, Ruggiero, McEntee, and Ranglin-Vassell

     Date Introduced: March 04, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-63.2-2, 5-63.2-4, 5-63.2-9 and 5-63.2-10 of the General Laws in

Chapter 5-63.2 entitled "Mental Health Counselors and Marriage and Family Therapists" are

hereby amended to read as follows:

     5-63.2-2. Definitions.

     As used in this chapter:

     (1) "Advertise" means, but is not limited to, the issuing or causing to be distributed any

card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on

or in any building, radio, or television; or by advertising by any other means designed to secure

public attention.

     (2) "Board" means the board of mental health counselors and marriage and family

therapists.

     (3) "Clinical counselor in mental health" means a person who is licensed pursuant to § 5-

63.2-9, which license is in force and not suspended or revoked as of the particular time in question.

     (4) "Internship" means a part of an organized graduate program in counseling therapy and

constitutes a supervised experience within a mental health and/or marriage and family setting.

     (5) "Marriage and family therapist" means a person who is licensed pursuant to § 5-63.2-

10 which license is in force and not suspended or revoked as of the particular time in question.

     (6) "Person" means any individual, firm, corporation, partnership, organization, or body

politic.

     (7) "Practice of clinical mental health counseling" means the rendering of professional

services to individuals, families, or groups for monetary compensation. These professional services

include:

     (i) Applying the principles, methods, and theories of counseling and/or psychotherapeutic

techniques to define goals and develop a treatment plan of action aimed toward the prevention,

treatment, and resolution of social, mental, and emotional dysfunction and intra or interpersonal

disorders in persons diagnosed at intake as non-psychotic and not presenting medical problems;

and

     (ii) Engaging in psychotherapy of a nonmedical nature, utilizing supervision when

appropriate, and making referrals to other psychiatric, psychological, or medical resources when

the person is diagnosed as psychotic or presenting a medical problem.

     (8) "Practice of marriage and family therapy" means the rendering of professional services

to individuals, family groups, couples, or organizations for monetary compensation. These

professional services include applying principles, methods, and therapeutic techniques for the

purpose of resolving emotional conflicts; modifying perceptions and behavior; enhancing

communications and understanding among all family members; and the prevention of family and

individual crisis. Individual marriage and family therapists shall also engage in psychotherapy of a

nonmedical and non-psychotic nature with appropriate referrals to psychiatric resources.

     (9) "Practicum" means a part of an organized graduate program in counseling therapy and

constitutes a supervised experience within the graduate counseling program.

     (10) "Qualified supervision" means the supervision of clinical services in accordance with

standards established by the board under the supervision of an individual who has been recognized

by the board as an approved supervisor.

     (11) "Recognized educational institution" means any educational institution that grants a

bachelor's, master's, or doctoral degree and is recognized by the board of mental health counselors

and marriage and family therapists or a recognized postgraduate clinical training program as

specified in §§ 5-63.2-9(2) 5-63.2-9 and 5-63.2-10(2) 5-63.2-10.

     (12) "Use a title or description of" means to hold oneself out to the public as having a

particular status by means of stating on signs, mailboxes, address plates, stationery,

announcements, calling cards, or other instruments of professional identification.

     5-63.2-4. Composition of board -- Appointment, terms, and removal of members.

     The director of the department of health, with the approval of the governor, shall appoint

nine (9) electors as members of the board. Three (3) shall be clinical mental health counselors, at

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least two (2) of whom shall meet the qualifications of § 5-63.2-9 5-63.2-9(b) and have at least five

(5) years of private practice experience in mental health counseling; three (3) shall be marriage and

family therapists, who shall be clinical marriage and family therapists who meet the qualifications

of § 5-63.2-10 5-63.2-10(b) and have at least five (5) years of private practice experience in

marriage and family therapy; three (3) shall be members of the public. Commencing September

1996, the director of the department of health shall appoint one clinical mental health counselor for

one year; one clinical mental health counselor for two (2) years; one clinical mental health

counselor for three (3) years; one marriage and family therapist for one year; one marriage and

family therapist for two (2) years; one marriage and family therapist for three (3) years; one public

member for two (2) years; and two (2) public members for three (3) years. After this, all terms of

appointments shall be for three (3) years. In no instance shall a person serve more than six (6)

consecutive years on the board.

     5-63.2-9. Qualifications of licensed clinical mental health counselors Qualifications of

licensed clinical mental health counselor associates and licensed clinical mental health

counselors.

     (a) An applicant for licensure shall submit to the board written evidence on forms furnished

by the division of professional regulation that the applicant: The department shall issue the

appropriate license to applicants who meet the qualifications in this section.

     (1) Prerequisites of a licensed clinical mental health counselor associate. A license as a

"licensed clinical mental health counselor associate" shall be issued to an applicant who meets the

following qualifications:

     (1)(i) Is of good character; and

     (2)(ii) Has received a graduate degree specializing in counseling/therapy from a college or

university accredited by the New England Association of Schools and Colleges, or an equivalent

regional accrediting agency, and that has the approval by a cognizable national or regional

certifying authority; and

     (3)(iii) Has completed sixty (60) semester hours or ninety (90) quarter hours within his or

her graduate counseling/therapy program; and

     (4)(iv) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter

hours of supervised practicum and a minimum of one calendar year of supervised internship

consisting of twenty (20) hours per week, or its equivalent, with emphasis in mental health

counseling supervised by the department within the college or university granting the requisite

degree or by an accredited postgraduate clinical training program recognized by the United States

Department of Education, or education and/or experience that is deemed equivalent by the board;

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and .

     (2) Prerequisites of licensed clinical mental health counselor: A license as a "licensed

clinical mental health counselor" shall be issued to an applicant who meets the following

qualifications:

     (i) Is licensed under this chapter as a licensed mental health counselor associate;

     (5)(ii) Has completed a minimum of two (2) years of relevant postgraduate experience,

including at least two thousand (2,000) hours of direct client contact offering clinical or counseling

or therapy services with emphasis in mental health counseling subsequent to being awarded a

master's degree, certificate of advanced graduate study, or doctorate; and

     (6)(iii) Has a minimum of one hundred (100) hours of post-degree supervised case work

spread over a two-year (2) period; provided, that the supervision was provided by a person who, at

the time of rendering the supervision, was recognized by the board as an approved supervisor; and

     (7)(iv) Has passed, to the satisfaction of the board, an examination conducted by it to

determine the applicant's qualification for licensure as a clinical mental health counselor or is

applying for licensure under the provisions of § 5-63.2-15.

     (b) A candidate shall be held to have qualified for licensure as a clinical mental health

counsel associate, or a clinical mental health counselor upon the affirmative vote of at least four

(4) members of the board, two (2) of whom must be mental health counselors on the board.

     5-63.2-10. Qualifications of licensed marriage and family therapists Qualifications of

licensed marriage and family therapist associates and licensed marriage and family

therapists.

     (a) An applicant for licensure shall submit to the board written evidence on forms furnished

by the division of professional regulation that the applicant: The department shall issue the

appropriate license to applicants who meet the qualifications of this section.

     (1) Prerequisites of a licensed marriage and family therapist associate. A license as a

"licensed marriage and family therapist associate" shall be issued to an applicant who meets the

following qualifications:

     (1)(i) Is of good character; and

     (2)(ii) Has completed a graduate degree program specializing in marital and family therapy

from a college or university accredited by the New England Association of Schools and Colleges,

or an equivalent regional accreditation agency; and

     (3)(iii) Has completed sixty (60) semester hours or ninety (90) quarter hours within his or

her graduate degree program specializing in marital and family therapy; and

     (4)(iv) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter

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hours of supervised practicum and a one-calendar year of supervised internship consisting of twenty

(20) hours per week, or its equivalent, with emphasis in marriage and family therapy supervised by

the department within the college or university granting the requisite degree or by an accredited

postgraduate clinical training program, approved by the commission on accreditation for marriage

and family therapy education recognized by the United States department of education, or

education and/or experience that is deemed equivalent by the board; and .

     (2) Prerequisites of a licensed marriage and family therapist. A license as a licensed

marriage and family therapist shall be issued to an applicant who meets the following

qualifications:

     (5)(i) Has had a minimum of two (2) years of relevant postgraduate experience, including

at least two thousand (2,000) hours of direct client contact offering clinical or counseling or therapy

services with emphasis in marriage and family therapy subsequent to being awarded a master's

degree or doctorate; and

     (6)(ii) Has had a minimum of one hundred (100) hours of post-degree supervised case work

spread over two years (2); provided, that the supervision was provided by a person who, at the time

of rendering the supervision, was recognized by the board as an approved supervisor; and

     (7)(iii) Has passed to the satisfaction of the board an examination conducted by it to

determine the applicant's qualifications for licensure as a marriage and family therapist or is

applying for licensure under the provisions of § 5-63.2-15.

     (b) A candidate shall be qualified for licensure as a marriage and family therapist associate,

or a marriage and family therapist upon the affirmative vote of at least four (4) members of the

board, two (2) of whom must be marriage and family therapists on the board.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- MENTAL HEALTH COUNSELORS

AND MARRIAGE AND FAMILY THERAPISTS

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     This act would create an entry-level licensing program to allow applicants as a mental

health counselor associate or a marriage and family therapist associate to practice under supervision

prior to becoming a licensed mental health counselor or a licensed marriage and family therapist.

     This act would take effect upon passage.

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