Chapter 167
2022 -- S 2616 SUBSTITUTE A AS AMENDED
Enacted 06/27/2022

A N   A C T
RELATING TO BUSINESSES AND PROFESSIONS -- MENTAL HEALTH COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS

Introduced By: Senators DiMario, Valverde, Cano, Miller, Burke, Lawson, DiPalma, Bell, Murray, and Kallman

Date Introduced: March 10, 2022

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, and 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
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 for licensure of a clinical mental health counselor associate. A license as
a "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;
and .
     (2) Prerequisites for licensure of a clinical mental health counselor: A license as a "clinical
mental health counselor" shall be issued to an applicant who meets the following qualifications:
      (5)(i) 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)(ii) 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)(iii) 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
counselor 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 for licensure of a marriage and family therapist associate. A license as a
"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
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 Department of
education Education, or education and/or experience that is deemed equivalent by the board; and
.
     (2) Prerequisites for licensure of a marriage and family therapist. A license as a "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 (2) 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.
========
LC005067/SUB A
========