SCS HB 208(L&C): "An Act relating to professional counselors; and providing for an effective date."
00SENATE CS FOR HOUSE BILL NO. 208(L&C) 01 "An Act relating to professional counselors; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.02.010(a) is amended to read: 04 (a) An acupuncturist licensed under AS 08.06, an audiologist licensed under 05 AS 08.11, a person licensed in the state as a chiropractor under AS 08.20, a 06 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a marital 07 and family therapist licensed under AS 08.63, a medical practitioner or osteopath under 08 AS 08.64, a direct-entry midwife certified under AS 08.65, a registered nurse under 09 AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a 10 physical therapist or occupational therapist licensed under AS 08.84, a psychologist 11 under AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 12 professional identification appropriate letters or a title after that person's name which 13 represents that person's specific field of practice. The letters or title shall appear on 14 all signs, stationery, or other advertising in which the person offers or displays
01 personal professional services to the public. In addition, a person engaged in the 02 practice of medicine or osteopathy as defined in AS 08.64.380, or a person engaged 03 in any manner in the healing arts who diagnoses, treats, tests, or counsels other persons 04 in relation to human health or disease and uses the letters "M.D." or the title "doctor" 05 or "physician" or another title that tends to show that the person is willing or qualified 06 to diagnose, treat, test, or counsel another person, shall clarify the letters or title by 07 adding the appropriate specialist designation, if any, such as "dermatologist", 08 "radiologist", "audiologist", "naturopath", or the like. 09 * Sec. 2. AS 08.29.020(a) is amended to read: 10 (a) In addition to the duties specified in AS 08.01, the board shall 11 (1) license professional counselors, establish criteria for supervisor 12 certification, and certify approved counselor supervisors under this chapter; the board 13 may provide for licensure in areas of counseling specialization; 14 (2) establish continuing education requirements for the renewal of a 15 license under this chapter; 16 (3) adopt, by regulation, a code of ethics that must be observed by 17 persons licensed under this chapter; 18 (4) establish education and training requirements that must be met 19 before a professional counselor can administer and use assessment instruments 20 described in AS 08.29.490(1)(C) ; and 21 (5) enforce the provisions of this chapter and adopt regulations 22 necessary to carry out the board's duties under this chapter . 23 * Sec. 3. AS 08.29.110(a) is amended to read: 24 (a) The board shall issue a professional counselor license to a person who 25 applies for the license, submits the required fee, submits two letters of recommendation 26 from professional counselors who are familiar with the applicant's practice of 27 professional counseling, and presents evidence satisfactory to the board that the person 28 (1) is at least 18 years of age; 29 (2) is not under investigation in this or another jurisdiction for an act 30 that would constitute a violation of this chapter; 31 (3) has not had a license related to the practice of counseling,
01 psychology, marital and family therapy, or social work in this or another 02 jurisdiction suspended, revoked, or surrendered in lieu of discipline unless the 03 license has been fully reinstated in that jurisdiction; 04 (4) has passed a written examination as required by the board; the 05 board may provide that passing a nationally recognized examination for professional 06 counselors is sufficient to meet the examination requirement of this paragraph; 07 (5) [(4)] has successfully completed either 08 (A) an earned doctoral degree in counseling or a related 09 professional field from a regionally accredited institution of higher education 10 approved by the board; or 11 (B) an earned master's degree in counseling or a related 12 professional field , from a regionally or nationally accredited institution of 13 higher education approved by the board, consisting of at least 48 semester 14 hours and at least 12 other graduate semester hours in counseling during or 15 after earning the master's degree, for a total of at least 60 hours; and 16 (6) [(5)] has , after completing the requirement of either (5)(A) or 17 (B) of this subsection, had at least 3,000 hours of supervised experience in the 18 practice of professional counseling performed over a period of at least two years under 19 the supervision of a supervisor approved under AS 08.29.210, with at least 1,000 hours 20 of direct counseling with individuals, couples, families, or groups and at least 100 21 hours of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, 22 under regulations of the board, the board allows the supervision to be by telephonic 23 or electronic means because of the remote location of the counselor. 24 * Sec. 4. AS 08.29.130 is amended to read: 25 Sec. 08.29.130. Licensure of foreign-educated applicants. The board may 26 issue a license under this chapter to a person who 27 (1) has completed a doctorate or master's degree educational program 28 in counseling or a related professional field in a foreign college or university approved 29 by the board; 30 (2) meets the requirements of AS 08.29.110 except for 31 AS 08.29.110(a)(5) [AS 08.29.110(a)(4)]; and
01 (3) demonstrates to the satisfaction of the board that the applicant's 02 experience, command of the English language, and completed academic program meet 03 the standards of a relevant academic program of an accredited educational institution 04 in the United States. 05 * Sec. 5. AS 08.29.210(a) is amended to read: 06 (a) The board shall approve and certify a person as an approved counselor 07 supervisor for the purposes of this chapter if the person 08 (1) is licensed under this chapter as a professional counselor or is a 09 licensed physician, licensed advanced nurse practitioner who is certified to provide 10 psychiatric or mental health services, licensed clinical social worker, licensed marital 11 and family therapist, licensed psychologist, or licensed psychological associate; 12 (2) submits an application for certification and the appropriate fee; 13 (3) has five years of counseling experience; 14 (4) provides to the board for its approval or disapproval a statement 15 that details the person's supervision philosophy, orientation, and experience; and 16 (5) meets other criteria that may be established by the board in 17 regulations. 18 * Sec. 6. AS 08.29.400 is amended to read: 19 Sec. 08.29.400. Grounds for denial of license or for disciplinary sanctions. 20 The board may impose a disciplinary sanction under AS 08.01.075 on a person 21 licensed under this chapter or deny a license to a person when the board finds that the 22 person 23 (1) has an addiction to, or severe dependency on, alcohol or other drugs 24 that impairs the person's ability to engage safely in the practice of professional 25 counseling; 26 (2) has been convicted of a felony and has not been sufficiently 27 rehabilitated to merit the public trust; 28 (3) used fraud, deception, misrepresentation, or bribery in securing a 29 license under this chapter or in obtaining permission to take an examination required 30 under this chapter; 31 (4) is incompetent or has committed misconduct, fraud,
01 misrepresentation, or dishonesty in the performance of the functions of a licensed 02 professional counselor; 03 (5) violated, or assisted another individual to violate, a provision of this 04 chapter or a regulation adopted under this chapter; 05 (6) impersonated a person who holds a license under this chapter; 06 (7) has had a license related to the practice of counseling , psychology, 07 marital and family therapy, or social work [REVOKED OR SUSPENDED] in this 08 or another jurisdiction revoked, suspended, limited, or surrendered in lieu of 09 discipline upon grounds for which a [THE] license issued under this chapter could be 10 revoked , [OR] suspended , limited, or surrendered in lieu of discipline ; this paragraph 11 does not apply to license actions [REVOCATIONS OR SUSPENSIONS] for failure 12 to pay a renewal fee [IN ANOTHER JURISDICTION]; 13 (8) assisted another person who is not licensed under this chapter in an 14 attempt to represent the person to the public as a licensed professional counselor; 15 (9) was issued a license based on a material mistake of fact; 16 (10) used an advertisement or solicitation that is false, misleading, or 17 deceptive to the general public or the person to whom the advertisement was primarily 18 directed; or 19 (11) failed to respond within 30 days to a written communication from 20 the board concerning an investigation by the board or failed to make available to the 21 board a relevant record with respect to an investigation about the licensee's conduct 22 or background. 23 * Sec. 7. Section 6, ch. 75, SLA 1998, is amended to read: 24 TRANSITIONAL PROVISION. Notwithstanding this Act, the Board of 25 Professional Counselors shall issue a license under AS 08.29, enacted by sec. 1 of this 26 Act, to an applicant who 27 (1) applies by June 30, 2000 [DECEMBER 31, 1999]; 28 (2) submits documentation that the applicant holds a master's or 29 doctorate degree in counseling or a related professional field; 30 (3) submits, on a form provided by the department, documentation from 31 an employer, a supervisor, or a professional peer that , after graduating with a
01 master's or doctoral degree in counseling or a related field, the applicant has 02 practiced professional counseling in the state for at least 24 months during the five 03 years immediately preceding the date of application; 04 (4) meets the requirements of AS 08.29.110(a)(1) - (3) 05 [AS 08.29.110(a)(1) AND (2), ENACTED BY SEC. 1 OF THIS ACT], and is not 06 subject to denial of a license under AS 08.29.400, enacted by sec. 1 of this Act; 07 (5) submits two letters of recommendation from professional counselors 08 who are familiar with the applicant's work; and 09 (6) pays the required fee. 10 * Sec. 8. INTENT. It is the intent of the legislature that the reference to 11 AS 08.29.110(a)(3), used in the amendment to sec. 6, ch. 75, SLA 1998, made under sec. 7 12 of this Act, be read as referring to AS 08.29.110(a)(3), enacted by sec. 3 of this Act. 13 * Sec. 9. APPLICABILITY. AS 08.29.110(a), as amended by sec. 3 of this Act, and 14 sec. 6(3), ch. 75, SLA 1998, as amended by sec. 7 of this Act, apply to applications pending 15 or filed with the Board of Professional Counselors on or after the effective date of secs. 2 - 16 8 of this Act. 17 * Sec. 10. Sections 2 - 9 of this Act take effect immediately under AS 01.10.070(c).