Legislature(2003 - 2004)
05/08/2003 01:36 PM Senate L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 135-MARITAL & FAMILY THERAPISTS
CHAIR BUNDE announced HB 135 to be up for consideration.
REPRESENTATIVE PEGGY WILSON, sponsor, said that HB 135 is just a
simple bill. The law that established the Board of Marital and
Family Therapists has been in place for 10 years and it's time
to update the language within the statute. This bill will bring
state statutes up to the same standards as other counseling
services in the state and to the national marriage and family
therapy statutes. She explained:
Section 1 adds the Board of Marital and Family
Therapists to the list of boards that may request the
Division of Occupational Licensing to contract out for
substance abuse and treatment under licensed
therapists. It just gives more options for treatment.
Section 2 gives the board authority to order a
licensed marital and family therapist to submit to a
reasonable physical or mental examination if the board
has gotten word somewhere that there was sufficient
evidence to conclude that the therapist's physical or
mental capacity to practice safely is at issue.
Section 3 allows for individual client contacts to be
used as hours toward licensing.
Section 4 requires the therapist to communicate to a
potential victim or law enforcement officer if there
is a threat of imminent serious physical harm to an
identified victim that had been made by one of their
clients.
Section 5 imposes disciplinary sanctions in regard to
a therapist's sexual misconduct. Sexual misconduct
between client and therapist is probably the biggest
problem in any kind of therapy type situation. This
just makes sure the client is protected.
Section 7 is just disclosure information and consumer
protection.
CHAIR BUNDE referred to the provision that requires
communication about danger to a potential victim or to law
enforcement and suggested saying "and law enforcement." He asked
if that had been considered.
SENATOR FRENCH guessed that about 90% of the reports would be to
a domestic partner and that victims might not take any steps to
protect themselves for all sorts of reasons. He thought it would
be a good idea to let law enforcement know if the threat is that
serious and imminent.
REPRESENTATIVE WILSON said that section allows the therapist to
break the confidentiality agreement.
TAPE 03-31, SIDE B
SENATOR FRENCH asked how other board-controlled occupations deal
with confidentiality between the doctor and patient and threat
disclosures.
REPRESENTATIVE WILSON said she thought they do so in a similar
manner.
MS. SUSAN ARENTH commented that this issue was talked about in
another committee. She said even if a threat isn't imminent but
seems likely, she believes any therapist would inform the victim
and she didn't see any reason not to inform law enforcement.
CHAIR BUNDE guessed that would require law enforcement to use
professional judgment too.
MS. CAREN ROBINSON, Marriage and Family Therapist Association,
said that therapists are required, just like all other
professional counselors, to report child sexual abuse and this
bill would not change that at all. She explained that in some
situations, a victim who was notified may become so fearful that
she may pull out a gun and kill the person who is coming to her
house, thereby becoming the perpetrator. She felt it's in the
best interest of the therapist in the counseling session to
determine which is the right place to call. In other hearings
most therapists have said generally speaking they would call the
law enforcement agency first if they really felt someone's life
was in danger.
CHAIR BUNDE asked Ms. Robinson if she had input from people who
prosecute domestic violence cases. He added that he wanted to
give her an opportunity to investigate this question.
MS. ROBINSON responded that the legal professionals she has
spoken with said that right now therapists don't have the
ability to notify either and are quite thrilled that the
marriage and family therapists have brought this issue forward.
CHAIR BUNDE agreed and said he didn't want to destroy the good
in search of the perfect but wanted her to talk with some
prosecutors.
SENATOR STEVENS asked her to also address Section 3 on page 3,
line 7, that removes the timeframe of three-years after a
master's degree and another "and or" question where it says
"practice marital and family therapy including frequent hours of
direct contact with couples, individuals and families." He asked
if a person has to work with individuals to get a license or
work with all three types.
REPRESENTATIVE WILSON commented that sometimes three years is
not enough time to get the necessary hours. Previously, hours
couldn't be counted when individuals were counseled separate
from other family members if they were also being counseled
together.
CHAIR BUNDE said the committee would bring the bill up again
next Tuesday.
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