SCS HB 126(FIN): "An Act relating to the Board of Professional Counselors; relating to licensing of associate counselors; relating to marital and family therapists; relating to telehealth; relating to the health care professionals workforce enhancement program; prohibiting unfair discrimination under group health insurance against associate counselors; relating to medical assistance for professional counseling services; relating to mental health professionals; relating to health care provider liability; and providing for an effective date."
00 SENATE CS FOR HOUSE BILL NO. 126(FIN) 01 "An Act relating to the Board of Professional Counselors; relating to licensing of 02 associate counselors; relating to marital and family therapists; relating to telehealth; 03 relating to the health care professionals workforce enhancement program; prohibiting 04 unfair discrimination under group health insurance against associate counselors; 05 relating to medical assistance for professional counseling services; relating to mental 06 health professionals; relating to health care provider liability; and providing for an 07 effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 08.02.110(a) is amended to read: 10 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 11 language pathologist licensed under AS 08.11, a behavior analyst licensed under 12 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 13 professional or associate counselor licensed under AS 08.29, a dentist under
01 AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a massage therapist 02 licensed under AS 08.61, a marital and family therapist licensed under AS 08.63, a 03 medical practitioner or osteopath under AS 08.64, a direct-entry midwife certified 04 under AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an 05 optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical 06 therapist or occupational therapist licensed under AS 08.84, a psychologist under 07 AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 08 professional identification appropriate letters or a title after that person's name that 09 represents the person's specific field of practice. The letters or title shall appear on all 10 signs, stationery, or other advertising in which the person offers or displays personal 11 professional services to the public. In addition, a person engaged in the practice of 12 medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 13 manner in the healing arts who diagnoses, treats, tests, or counsels other persons in 14 relation to human health or disease and uses the letters "M.D." or the title "doctor" or 15 "physician" or another title that tends to show that the person is willing or qualified to 16 diagnose, treat, test, or counsel another person, shall clarify the letters or title by 17 adding the appropriate specialist designation, if any, such as "dermatologist," 18 "radiologist," "audiologist," "naturopath," or the like. 19 * Sec. 2. AS 08.02.130(j)(1) is amended to read: 20 (1) "health care provider" means 21 (A) an audiologist or speech-language pathologist licensed 22 under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 23 licensed under AS 08.20; a professional or associate counselor licensed under 24 AS 08.29; a dental hygienist licensed under AS 08.32; a dentist licensed under 25 AS 08.36; a dietitian or nutritionist licensed under AS 08.38; a naturopath 26 licensed under AS 08.45; a marital and family therapist licensed under 27 AS 08.63; a physician licensed under AS 08.64; a podiatrist, osteopath, or 28 physician assistant licensed under AS 08.64; a direct-entry midwife certified 29 under AS 08.65; a nurse licensed under AS 08.68; a dispensing optician 30 licensed under AS 08.71; an optometrist licensed under AS 08.72; a pharmacist 31 licensed under AS 08.80; a physical therapist or occupational therapist licensed
01 under AS 08.84; a psychologist or psychological associate licensed under 02 AS 08.86; or a social worker licensed under AS 08.95; or 03 (B) a physician licensed in another state; 04 * Sec. 3. AS 08.29.020(a) is amended to read: 05 (a) In addition to the duties specified in AS 08.01, the board shall 06 (1) license professional counselors and associate counselors, establish 07 criteria for supervisor certification and associate counselor licensure, and certify 08 approved counselor supervisors under this chapter; the board may provide for 09 licensure in areas of counseling specialization; 10 (2) establish continuing education requirements for the renewal of a 11 license under this chapter; 12 (3) adopt, by regulation, a code of ethics that must be observed by 13 persons licensed under this chapter; 14 (4) establish education and training requirements that must be met 15 before a professional counselor can administer and use assessment instruments 16 described in AS 08.29.490(1)(C); and 17 (5) enforce the provisions of this chapter and adopt regulations 18 necessary to carry out the board's duties under this chapter. 19 * Sec. 4. AS 08.29.100(a) is amended to read: 20 (a) A person who is not licensed under this chapter may not 21 (1) profess to be a licensed professional counselor, a professional 22 counselor, [OR] a licensed counselor, or an associate counselor; or 23 (2) make use of a title, words, letters, or abbreviations that may 24 reasonably be confused with the title of "licensed professional counselor," 25 "professional counselor," [OR] "licensed counselor, [.]" or "associate counselor." 26 * Sec. 5. AS 08.29.110(a) is amended to read: 27 (a) The board shall issue a professional counselor license to a person who 28 applies for the license, submits the required fee, [SUBMITS TWO LETTERS OF 29 RECOMMENDATION FROM PROFESSIONAL COUNSELORS WHO ARE 30 FAMILIAR WITH THE APPLICANT'S PRACTICE OF PROFESSIONAL 31 COUNSELING,] and presents evidence satisfactory to the board that the person
01 (1) is at least 18 years of age; 02 (2) is not under investigation in this or another jurisdiction for an act 03 that would constitute a violation of this chapter; 04 (3) has not had a license related to the practice of counseling, 05 psychology, marital and family therapy, or social work in this or another jurisdiction 06 suspended, revoked, or surrendered in lieu of discipline unless the license has been 07 fully reinstated in that jurisdiction; 08 (4) has passed a written examination as required by the board; the 09 board may provide that passing a nationally recognized examination for professional 10 counselors is sufficient to meet the examination requirement of this paragraph; 11 (5) has successfully completed either 12 (A) an earned doctoral degree in counseling or a related 13 professional field from a regionally or nationally accredited institution of 14 higher education approved by the board; or 15 (B) an earned master's degree in counseling or a related 16 professional field, from a regionally or nationally accredited institution of 17 higher education approved by the board, and at least 60 graduate semester 18 hours in counseling [DURING OR AFTER EARNING THE MASTER'S 19 DEGREE]; and 20 (6) has, after earning the degree required under either (5)(A) or (B) of 21 this subsection, successfully completed an associate counselor program authorized 22 in regulations of the board or completed [HAD] at least 3,000 hours of supervised 23 experience in the practice of professional counseling performed over a period of at 24 least two years under the supervision of a supervisor approved under regulations of 25 the board [AS 08.29.210], with at least 1,000 hours of direct counseling with 26 individuals, couples, families, or groups and at least 100 hours of direct [FACE-TO- 27 FACE] supervision [BY A SUPERVISOR] approved [UNDER AS 08.29.210 28 UNLESS,] under regulations of the board [, THE BOARD ALLOWS THE 29 SUPERVISION TO BE BY TELEPHONIC OR ELECTRONIC MEANS BECAUSE 30 OF THE REMOTE LOCATION OF THE COUNSELOR]. 31 * Sec. 6. AS 08.29.120(a) is amended to read:
01 (a) Except as provided in (b) of this section, the board may issue a license 02 under this chapter to a person who is licensed in another jurisdiction to practice as a 03 professional counselor or associate counselor [COUNSELING] if the board finds 04 that the other jurisdiction has substantially the same or higher licensure requirements 05 as this state. 06 * Sec. 7. AS 08.29.220 is amended to read: 07 Sec. 08.29.220. Disclosure statement. A client may not be charged a fee for 08 professional counseling services unless, before the performance of the services, the 09 client was furnished a copy of a professional disclosure statement that contained 10 (1) the name, title, business address, and business telephone number of 11 the professional counselor or associate counselor; 12 (2) a description of the formal professional education of the 13 professional counselor or associate counselor, including the institutions attended and 14 the degrees received from them; 15 (3) the [PROFESSIONAL COUNSELOR'S] areas of specialization 16 and the services available of the professional counselor or associate counselor; 17 (4) the [PROFESSIONAL COUNSELOR'S] fee schedule listed by 18 type of service or hourly rate of the professional counselor or associate counselor; 19 (5) at the bottom of the first page of the statement, the following 20 sentence: "This information is required by the Board of Professional Counselors which 21 regulates all licensed professional counselors and associate counselors," followed by 22 the name, address, and telephone number of the board's office. 23 * Sec. 8. AS 08.29.400(a) is amended to read: 24 (a) The board may impose a disciplinary sanction under AS 08.01.075 on a 25 person licensed under this chapter or deny a license to a person when the board finds 26 that the person 27 (1) has an addiction to, or severe dependency on, alcohol or other 28 drugs that impairs the person's ability to engage safely in the practice of professional 29 counseling; 30 (2) has been convicted of a felony and has not been sufficiently 31 rehabilitated to merit the public trust;
01 (3) used fraud, deception, misrepresentation, or bribery in securing a 02 license under this chapter or in obtaining permission to take an examination required 03 under this chapter; 04 (4) is incompetent or has committed misconduct, fraud, 05 misrepresentation, or dishonesty in the performance of the functions of a licensed 06 professional counselor or associate counselor; 07 (5) violated, or assisted another individual to violate, a provision of 08 this chapter or a regulation adopted under this chapter; 09 (6) impersonated a person who holds a license under this chapter; 10 (7) has had a license related to the practice of counseling, psychology, 11 marital and family therapy, or social work in this or another jurisdiction revoked, 12 suspended, limited, or surrendered in lieu of discipline upon grounds for which a 13 license issued under this chapter could be revoked, suspended, limited, or surrendered 14 in lieu of discipline; this paragraph does not apply to license actions for failure to pay 15 a renewal fee; 16 (8) assisted another person who is not licensed under this chapter in an 17 attempt to represent the person to the public as a licensed professional counselor or 18 associate counselor; 19 (9) was issued a license based on a material mistake of fact; 20 (10) used an advertisement or solicitation that is false, misleading, or 21 deceptive to the general public or the person to whom the advertisement was primarily 22 directed; or 23 (11) failed to respond within 30 days to a written communication from 24 the board concerning an investigation by the board or failed to make available to the 25 board a relevant record with respect to an investigation about the licensee's conduct or 26 background. 27 * Sec. 9. AS 08.63.100(a) is amended to read: 28 (a) The board shall issue a license to practice marital and family therapy to a 29 person who 30 (1) applies on a form provided by the board; 31 (2) pays the fee established under AS 08.01.065;
01 (3) furnishes evidence satisfactory to the board that the person 02 (A) has not engaged in conduct that is a ground for imposing 03 disciplinary sanctions under AS 08.63.210; 04 (B) holds a master's degree or doctorate in marital and family 05 therapy or allied mental health field from a regionally accredited educational 06 institution approved by the board for which the person completed a course of 07 study that included instruction substantially equivalent to the following: 08 (i) [THREE COURSES OR] nine semester or 12 09 quarter hours of course work in marital and family therapy; 10 (ii) [THREE COURSES OR] nine semester or 12 11 quarter hours of course work in marital and family studies; 12 (iii) [THREE COURSES OR] nine semester or 12 13 quarter hours of course work in human development; 14 (iv) [ONE COURSE OR] three semester or four quarter 15 hours of course work in professional studies or professional ethics and 16 law; 17 (v) [ONE COURSE OR] three semester or four quarter 18 hours of course work in research; and 19 (vi) nine semester or 12 quarter hours [ONE YEAR] 20 of supervised clinical practice in marital and family therapy; 21 (C) after receiving a degree described in (B) of this paragraph, 22 has practiced supervised marital and family therapy in this state or another 23 jurisdiction, including 1,700 hours of clinical contact with couples, 24 individuals, and families; the 1,700 hours of clinical contact must include at 25 least 26 (i) 100 hours of individual supervision approved by 27 the board; and 28 (ii) 100 hours of either individual or group 29 supervision, or a combination of those hours, approved by the board; 30 [THE 100 HOURS OF INDIVIDUAL SUPERVISION AND 100 31 HOURS OF GROUP SUPERVISION MAY BE CONDUCTED BY
01 ONE OR MORE SUPERVISORS;] 02 (D) has received training related to domestic violence; and 03 (E) has passed a written or oral examination administered by 04 the board. 05 * Sec. 10. AS 08.63.100(b) is amended to read: 06 (b) Under regulations adopted by the board, a person who holds a master's or 07 doctorate degree in marital and family therapy or allied mental health field from a 08 regionally accredited educational institution approved by the board, but whose course 09 of degree study did not include all the course work [COURSES] or clinical practice 10 requirements set out in (a)(3)(B) of this section may substitute post-degree course 11 work [COURSES] or practice, as approved by the board, to satisfy the requirements 12 of (a)(3)(B) of this section. 13 * Sec. 11. AS 08.63.110(c) is amended to read: 14 (c) A license for supervised practice expires four years from the date of 15 issuance but may be extended because of extenuating circumstances at the 16 discretion of the board [AND MAY NOT BE RENEWED]. 17 * Sec. 12. AS 08.63.900(6) is amended to read: 18 (6) "supervision" means synchronous [FACE-TO-FACE] 19 consultation, direction, review, evaluation, and assessment of the practice of the 20 person being supervised, including direct observation and the review of case 21 presentations, audio recordings [TAPES], and video recordings [TAPES]. 22 * Sec. 13. AS 08.86.180(d) is amended to read: 23 (d) Nothing in this section prohibits a licensed clinical social worker, a 24 licensed marital and family therapist, or a licensed professional or associate counselor 25 from holding out to the public by a title or description of services incorporating the 26 words "psychoanalysis," "psychoanalyst," "psychotherapy," "psychotherapist," or 27 "psychotherapeutic." 28 * Sec. 14. AS 09.65.300(a) is amended to read: 29 (a) Except as otherwise provided in this section, a health care provider who 30 provides health care services to another person is not liable for civil damages resulting 31 from an act or omission in providing the health care services if the health care
01 (1) provider is licensed in this state to provide health care services; in 02 this paragraph, "health care provider" includes a health care provider who holds a 03 temporary license or permit to practice as a health care provider; 04 (2) services provided were within the scope of the health care 05 provider's license; 06 (3) services were provided 07 (A) at a medical clinic, medical facility, nonprofit facility, 08 temporary emergency site, or other facility owned or operated by a 09 governmental entity or nonprofit organization and the health care provider was 10 acting within the scope of the provider's responsibilities in the medical clinic, 11 governmental entity, or nonprofit organization; or 12 (B) through telehealth under AS 08.02.130 while the health 13 care provider was located at a clinic, facility, or site listed in (A) of this 14 paragraph or the private office of the health care provider and the health 15 care provider was acting within the scope of the provider's responsibilities 16 at the clinic, facility, or site listed in (A) of this paragraph; 17 (4) services were provided voluntarily and without pay to the health 18 care provider for the services, except as provided in (b)(2) and (3) of this section; and 19 (5) provider 20 (A) obtains informed consent in writing from the person 21 receiving the health care services as described under AS 09.55.556, except in 22 the case of an emergency; 23 (B) provides the person receiving the health care services 24 advance written notice of the immunity provided under this section to a health 25 care provider when providing voluntary health care services as described under 26 this section; and 27 (C) provides the person receiving health care services with 28 written notice of the name of a licensed health care provider in the state that 29 the person receiving health care services may contact for emergency follow-up 30 care within 30 days after a procedure is performed. 31 * Sec. 15. AS 09.65.300(c)(1) is amended to read:
01 (1) "health care provider" means a physician, physician assistant, 02 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 03 practical nurse, advanced practice registered nurse, naturopath, physical therapist, 04 occupational therapist, marital and family therapist, psychologist, psychological 05 associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 06 athletic trainer, [OR] certified direct-entry midwife, licensed professional counselor, 07 or licensed associate counselor; 08 * Sec. 16. AS 18.29.190(9) is amended to read: 09 (9) "tier II health care professional" means a person who spends not 10 less than 50 percent of the person's time on direct patient health care services and who 11 is licensed or exempt from licensure in the state as a dental hygienist, advanced 12 practice registered nurse, registered nurse, physician assistant, physical therapist, 13 professional counselor, associate counselor, board certified behavior analyst, marital 14 and family therapist, clinical social worker, or other health care professional as 15 determined by the commissioner; 16 * Sec. 17. AS 21.36.090(d) is amended to read: 17 (d) Except to the extent necessary to comply with AS 21.42.365 and 18 AS 21.56, a person may not practice or permit unfair discrimination against a person 19 who provides a service covered under a group health insurance policy that extends 20 coverage on an expense incurred basis, or under a group service or indemnity type 21 contract issued by a health maintenance organization or a nonprofit corporation, if the 22 service is within the scope of the provider's occupational license. In this subsection, 23 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 24 optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 25 physical therapist, occupational therapist, marital and family therapist, psychologist, 26 psychological associate, licensed clinical social worker, licensed professional 27 counselor, licensed associate counselor, certified direct-entry midwife, or dental 28 hygienist holding an advanced practice permit. 29 * Sec. 18. AS 47.07.900(16) is amended to read: 30 (16) "professional counseling services" means services within the 31 practice of professional counseling provided by a person licensed as a professional or
01 associate counselor under AS 08.29; professional counseling services may be 02 provided at a facility that is not a provider of clinic services. 03 * Sec. 19. AS 47.30.915(16) is amended to read: 04 (16) "mental health professional" means a psychiatrist or physician 05 who is licensed by the State Medical Board to practice in this state or is employed by 06 the federal government; a clinical psychologist licensed by the state Board of 07 Psychologist and Psychological Associate Examiners; a psychological associate 08 trained in clinical psychology and licensed by the Board of Psychologist and 09 Psychological Associate Examiners; an advanced practice registered nurse or a 10 registered nurse with a master's degree in psychiatric nursing, licensed by the State 11 Board of Nursing; a marital and family therapist licensed by the Board of Marital and 12 Family Therapy; a professional or associate counselor licensed by the Board of 13 Professional Counselors; a clinical social worker licensed by the Board of Social 14 Work Examiners; and a person who 15 (A) has a master's degree in the field of mental health; 16 (B) has at least 12 months of post-masters working experience 17 in the field of mental illness; and 18 (C) is working under the supervision of a type of licensee listed 19 in this paragraph; 20 * Sec. 20. AS 08.29.210; AS 08.63.130, and 08.63.900(3) are repealed. 21 * Sec. 21. This Act takes effect July 1, 2025.