Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/28/2023 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB88 | |
| SB116 | |
| SB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 88 | TELECONFERENCED | |
| *+ | SB 116 | TELECONFERENCED | |
| += | SB 123 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 116-RETIREMENT SYSTEMS; DEFINED BENEFIT OPT.
1:41:35 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 116 "An Act relating to the
Board of Professional Counselors; relating to licensing of
associate counselors; and providing for an effective date."
He invited Senator Giessel to put herself on the record and
introduce the bill.
1:43:02 PM
SENATOR CATHY GIESSEL, District E, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 116, stated that this legislation
creates a new license type and summarized the following sponsor
statement:
[Original punctuation provided.]
Senate Bill 116
Associate and Professional Counselors
"An Act relating to the Board of Professional Counselors; and
relating to licensing of associate counselors."
SPONSOR STATEMENT
Senate Bill 116 allows qualified candidates to obtain
licensure as Associate Counselors and creates a
pathway towards full accreditation as Licensed
Professional Counselors in Alaska. Currently over 65%
of states offer a pre-licensing process that is
overseen by its professional state board. Creating a
tiered system will help align Alaska with national
standards for professional counselor licensure while
creating a more structured process for licensee
applicants while they complete the required exam and
supervised experience.
This tiered licensure system would identify and
address any gaps in training or experience while
ensuring that counselors are providing services that
are ethical and effective. It would attract and retain
talented professionals to the state by providing
opportunities for career advancement and professional
development.
Ensuring Associate Counselors have met a minimum
standard of training and experience would bolster
public confidence in the counseling profession, reduce
the stigma around mental health, and encourage more
Alaskans to seek help when they need it. Providing
guidance and support for those working towards
licensure will improve the quality of care for
patients, particularly in rural or remote areas where
access to mental health services may be limited.
I urge my colleagues of the 33rd Legislature to
support Senate Bill 116 to streamline the steps toward
obtaining full licensure for Associate Counselors, and
in turn, help Alaskans obtain the mental health
services they are seeking.
1:45:58 PM
JANE CONWAY, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 116. She summarized the following sectional analysis:
[Original punctuation provided.]
Senate Bill 116
"An Act relating to the Board of Professional Counselors; and
relating to licensing of associate counselors."
SECTIONAL ANALYSIS
Section 1. (Page 1) Amends AS 08.02.110
Professional designation requirements
(a) to include Associate Counselors in the same
chapter as other professions and requires them to use
appropriate professional title designation that
represents their field of practice
Section 2. (Page 2) Amends AS 08.29.020
Duties of the Board
(a) to include Associate Counselors to be licensed by
the Board of Professional Counselors.
Section 3. (Page 2) Amends AS 08.29.100
Unlicensed use of title prohibited
(a)to prohibit those without licenses to declare
themselves an Associate Counselors, use language that
may be confused with the title of "Associate
Counselor."
Section 4. (Page 3) Amends AS 08.29.110
Qualifications for Licensure
(a) to establish that the board shall issue a
professional counselor license if the applicant has
successfully completed an associate counselor program
authorized by the board and meets all other
requirements of the board, including the supervision
of a supervisor approved under regulations of the
board. Furthermore, at least 100 hours of face-to-face
supervision are required.
Section 5. (Page 4)
Amends AS 08.29.120 Licensure by credentials
(a) to establish that the board may issue a license
for professional or associate counselor to practice if
they are licensed in another jurisdiction and if the
board finds the other jurisdiction has an equal or
higher licensure requirement as those in this state.
Section 6. (Page 4) Amends AS 08.29.220
Disclosure Statement
Requires an Associate Counselor to furnish a
disclosure statement including the name, title,
business address and business telephone number to
clients before providing services. The disclosure
statement must include the Associate Counselor's
educational description, areas of specialization,
services available, and fee schedule listed by type of
service or hourly rate. It also must include that the
information provided is required by the Board of
Professional Counselors which regulates their
activities.
Section 7. (Page 5) Amends 08.29.400 Grounds for
denial of license or for disciplinary sanctions
(a) to include that Associate Counselors may be
subject to disciplinary sanctions imposed by the Board
of Professional Counselors if they are incompetent, or
have committed misconduct, fraud, misrepresentation,
or dishonesty in the functions of a licensed Associate
Counselor.
A licensed Associate Counselor is also subject to
disciplinary sanctions if they assist another person
who is not licensed under this chapter in an attempt
to represent the person to the public as a licensed
Associate Counselor.
Section 8. (Page 6) Repeals 08.29.210
Supervisor certification
Section 9. (Page 6)
Creates transitional language to allow the board to
promulgate and adopt regulations.
Section 10. (Page 6) Allows Section 9 to be conducted
immediately.
Section 11. (Page 6) Provides for overall effective
date of the bill to be July 1, 2025.
1:49:29 PM
SENATOR DUNBAR asked why the effective date is set so far in the
future.
MS. CONWAY replied that it takes a minimum of six to eight
months to set up regulations
SENATOR GIESSEL added that a regulation package takes about a
year to process and complete.
1:50:49 PM
CHAIR BJORKMAN announced invited testifier Rachel Buddin-Young.
1:51:02 PM
RACHEL BUDDIN-YOUNG, Board Member, Board of Professional
Counselors, Department of Commerce, Community and Economic
Development (DCCED), Anchorage, Alaska, delivered a presentation
on SB 116 titled "Associate Counselor License House Bill 126 &
Senate Bill 116."
MS. BUDDIN-YOUNG spoke to points on slide 2, "National Trends":
[Original punctuation provided.]
National Trends
More states are regulating the process for becoming
fully licensed through a transparent "pre-licensing"
status. Titles may include associate, trainee,
provisional, intern, and conditional.
MS. BUDDIN-YOUNG spoke to points on slide 3, "Pre-Licensure is a
Beneficial Trend":
[Original punctuation provided.]
Pre-Licensure is a Beneficial Trend
Practicing professional counseling under a license is
good for Alaska because:
Ensures professional trained and supervised
counselors are assisting the needs of Alaska
residents.
Creates standard of practice for the state.
Maintains national standards.
Provides guidance and accountability for new
counselors.
1:54:22 PM
MS. BUDDIN-YOUNG spoke to points on slide 4, "Titles by State":
[Original punctuation provided.]
Titles by State
Alaska Has Chosen The Title Associate Counselor
Provisional Licensed Professional Counselor
Colorado, Missouri, Puerto Rico, Wyoming
Licensed Clinical Professional Counselor Intern
Nevada, Texas
Licensed Professional Counselor Associate Kentucky,
North Carolina
Licensed Associate Counselor New Jersey, North
Dakota
Associate Licensed Counselor Alabama, Arizona,
Arkansas
Licensed Graduate Professional Counselor Maryland
Limited Licensed Professional Counselor Michigan
Licensed Professional Counselor Trainee Wisconsin
Licensed Mental Health Counselor Intern - Florida
Associate Professional Counselor Georgia
Conditional LPC Maine
Counselor Intern Louisiana, South Carolina
Clinical Counselor Intern- California
Clinical Resident Ohio
Registered Intern - Oregon
1:54:43 PM
MS. BUDDIN-YOUNG spoke to points on slide 5, "Associate
Counselor License Requirements":
[Original punctuation provided.]
Associate Counselor License Requirements
All documents must be submitted for approval to become
an Associate Counselor:
Supporting Mental Health in Alaska
Two letters of recommendation from professional
counselors
Must be at least 18 years old
Is not under investigation in any jurisdiction
No previous license suspended, revoked, surrendered
in lieu of discipline
Completed all education requirements
Doctoral degree in counseling or related
professional field
Masters degree in counseling or related
professional field
1:55:29 PM
MS. BUDDING-YOUNG spoke to points on slide 6, "Streamline
Process":
[Original punctuation provided.]
Streamline Process
Support & Guidance To Complete Licensure
Once the following has been completed,
the Associate Counselor may apply for a full
Professional Counselor License:
Pass the NCE or NCMHCE and submit scores
3,000 hours of supervised experience
o 1,000 hours of these must be direct counseling
o 100 hours face-to-face supervision by approved
supervisor
o Submit letter of reference from approved
supervisor and documentation of hours
1:56:10 PM
MS. BUDDING-YOUNG spoke to points on slide 7, "Benefits for
Alaska":
[Original punctuation provided.]
Benefits for Alaska
Professional Streamlined Process
Clear Guidelines
Regular Reporting Measures
Support with Supervisor Changes (important for
Military)
State Recognized Level of Care
Enhanced Professionalism
Maintaining National Standards
Better Care for All Alaskans
1:57:48 PM
JOSHUA ARVIDSON, Chief Operating Officer, Alaska Behavioral
Health, Anchorage, Alaska, offered invited testimony in support
of SB 116. He described his professional experience as a
licensed clinical social worker. He emphasized the training of
clinicians in the post-master phase of their career who are
working toward a terminal LPC license.
He said evidenced-based treatments are critical because they are
the gold standard in the field. These treatments are originally
designed for childhood trauma. Alaska Behavioral Health trains
providers on trauma-focused cognitive behavioral therapy, a
frontline intervention for children who experience trauma.
Clinicians can complete the requirements to be credentialed as
trauma-focused CBT therapists within a year.
1:59:52 PM
JOSHUA ARVIDSON stated that those who are on track to become a
licensed professional counselor (LPC) are not able to complete
that process. This creates an issue because most of the services
they provide are masters level therapy services. Social work
track clinicians can obtain their LMSW and gain training on
evidence-based treatments earlier than clinicians on the LPC
track. He noted that this is a workforce development barrier and
creates concerns from a patient perspective.
Trauma-focused CBT clinicians in Alaska cannot be found on a
national registry because they are not accountable to a
licensing board; they are stuck in No Man's Land. He reiterated
support for SB 116.
2:03:14 PM
DORENE HAGEN, Chair, Board of Professional Counselors,
Department of Commerce, Community and Economic Development
(DCCED), Homer, Alaska, offered invited testimony in support of
SB 116. She described her experience as a licensed professional
counselor. She said she was speaking from the perspective of a
board-approved supervisor. She referred to the No Man's Land
analogy, saying that she likes this description because it is
relatable. She values a structured pathway toward licensure,
believing it offers clear direction and promotes best practices
for the benefit of clients.
2:05:54 PM
She spoke to the portability piece of the legislation. She said
she knows counselors in the Lower 48 who would have liked to
practice in Alaska but could not because they had not finished
their training hours.
2:06:53 PM
ELAINE BORDER, Clinical Director and Owner, Border Counseling
Services and Board Member for Akeela, Anchorage, Alaska, gave
invited testimony in support of SB 116. She said that she is an
LPC and LPCS and spoke to her counseling practice services and
experience in the field. She experienced first-hand the No Man's
Land period of time on her licensure track. She highlighted the
importance of accountability provided by this legislation.
Currently someone can start a practice and treat patients
unsupervised and without recommended training for behavioral
health professionals. This lends to a worrisome environment for
the world of mental health and private practice. Blue Cross Blue
Shield health insurance agency will not pay for services without
appropriate licensing. Aetna health insurance agency credits
those in the master-level phase of their careers, but Blue Cross
Blue Shield services 70 percent of Border Counseling Services
client base. She posited that SB 116 will open up the ability
for new masters to train in their chosen modality.
2:12:39 PM
CHAIR BJORKMAN opened public testimony on SB 116.
2:13:29 PM
KIRA LATHROP, representing self, Behavioral Health Clinical
Therapist, Dahl Memorial Clinic, Skagway, Alaska, testified in
support of SB 116. She stated that behavioral health clinicians
need supervision and accountability. She shared an anecdotal
story to illustrate the need for tightening of licensing
credentials and outpatient services expansion. She said the
Board of Professional Counselors was unable to offer her
direction and that SB 116 would close the No Man's Land gap. She
concluded that although there is a mental health crisis in
Alaska, qualified individuals are needed, and monitoring should
occur.
2:15:28 PM
MARYBETH GOODMAN, representing self, Anchorage, Alaska,
testified in support of SB 116. She stated that she is the
director of the Cohen Clinic at Alaska Behavioral Health. She
read from Section 5 (a) of the bill. She warned that the
Counseling Compact is going to target Alaska. She said she
advocates for state rights and stated her belief that Alaska can
regulate licenses on its own. Currently it is challenging for
professionals licensed in other states to have reciprocity in
Alaska. Alaskans currently are forced to outsource mental health
care due to the barriers that will continue should SB 116 fail
to pass. She suggested the consideration of education,
experience, finances, and expediency regarding licensing mental
health counselors.
2:18:54 PM
SAMMIE O'NEIL, Vice-Chair, Board of Professional Counselors,
Department of Commerce, Community and Economic Development
(DCCED), Eagle River, Alaska, testified in support of SB 116. He
stated that he is an LPC and owns a private practice. He
expressed his hope that this bill will help the industry move
forward. He relayed a story about the importance of educating
new professionals in the field, to avoid the risks of ill-
prepared counselors practicing and diagnosing mental health
patients.
2:22:25 PM
CHAIR BJORKMAN closed public testimony and held SB 116 in
committee.