AMENDMENT FOR PRINTED BILL
1028bd
___________________ moved that HB 1028 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That §§ 36-32-1 to 36-32-46, inclusive, be repealed.
Section 2. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Board," the Board of Examiners for Counselors and Marriage and Family Therapists;
(2) "Counselor educator," a professional counselor engaged primarily in developing,
implementing, and supervising the educational preparation of professional counselors;
(3) "Counseling," the diagnosis and treatment of mental illness or mental and emotional
disorders; individual, group, and marriage and family counseling, and psychotherapy;
assessment; crisis intervention; counseling and consulting to facilitate normal growth and
development; psychoeducational techniques aimed at the prevention of mental and
emotional disorders; consultations with individuals, couples, families, groups,
organizations, and communities; and clinical research;
(4) "Counseling treatment interventions," the application of cognitive, affective, behavioral,
and systemic counseling strategies that include principles of development, wellness, and
pathology, implemented in the context of a professional counseling relationship;
(5) "Doctoral or master's degree in counseling," completion of study following a bachelor's
degree in a clearly identified counseling program that stands as a recognizable
organizational entity within an approved accredited institution of higher learning;
(6) "Licensee," a person who holds a license to practice counseling;
(7) "Postgraduate supervision," a period of supervision following the completion of a master's
or doctoral degree; and
(8) "Practice of professional counseling," the application of mental health, psychological, and
human development principles in order to:
(a) Facilitate human development and adjustment throughout the life span;
(b) Prevent, diagnose, and treat mental, emotional, or behavioral disorders and
associated distresses, which interfere with mental health;
(c) Conduct assessments and diagnoses to establish treatment goals and objectives;
and
(d) Develop, implement, and evaluate treatment plans using counseling treatment
interventions.
Section 3. That the code be amended by adding a NEW SECTION to read:
The board consists of nine members appointed by the Governor. Five members shall be
professionals actively engaged in professional counseling or marriage and family therapy and be
representative of the various disciplines governed by the board. One member shall be a current or
retired counselor educator. Three members shall be individuals who are not licensed to practice in
a discipline governed by the board.
Section 4. That the code be amended by adding a NEW SECTION to read:
The term of office for each board member is three years and begins on October thirty-first. No
member of the board may serve for more than three consecutive full terms. If a person is appointed
to fill a vacancy, that service is not counted as a term for purposes of this section.
Section 5. That the code be amended by adding a NEW SECTION to read:
The Governor may remove a board member for cause. The Governor shall appoint a new
member to serve out an unexpired term in the case of a vacancy for any reason.
Section 6. That the code be amended by adding a NEW SECTION to read:
The board shall meet at least annually, at the time and place designated by the president or by
a majority of the board. A majority of the board's members constitutes a quorum for the transaction
of business.
Section 7. That the code be amended by adding a NEW SECTION to read:
The board shall annually elect a president and a vice-president from among its members.
Section 8. That the code be amended by adding a NEW SECTION to read:
Each board member shall receive per diem compensation as provided for in § 4-7-10.4 and
expense reimbursement at the same rate as state employees, while engaged in official duties.
Section 9. That the code be amended by adding a NEW SECTION to read:
The board, its members, and its agents are immune from personal liability for actions taken in
good faith in the discharge of the board's duties. The state shall hold the board, its members, and its
agents harmless from all costs, damages, and attorney fees arising from claims and suits against them
with respect to matters to which this immunity applies.
Section 10. That the code be amended by adding a NEW SECTION to read:
The board exists within the Department of Social Services. The board shall exercise all of its
prescribed functions, including its administrative functions.
The board shall provide records, information, and reports to the Secretary of the Department of
Social Services, at the time and in the manner requested by the secretary.
Section 11. That the code be amended by adding a NEW SECTION to read:
The board shall forward all moneys received under this Act and HB 1250, as enacted by the 2019
Legislature, to the state treasurer for deposit in the Board of Examiners for Counselors and Marriage
and Family Therapists fund in the state treasury. Moneys in the account are appropriated on a
continuing basis to the board for the purpose of carrying out this Act and HB 1250. Any expenditures
shall be paid on warrants drawn by the state auditor and approved by the board or by an officer of
the board. The total expenses may not exceed the total moneys collected by the board under this Act
and HB 1250.
For purposes of this Act and HB1250, the board may accept grants, gifts, and donations.
Section 12. That the code be amended by adding a NEW SECTION to read:
The board, in regard to both professional counselors and licensees under HB 1250, as enacted
by the 2019 Legislature, has the following powers and duties:
(1) Administer, coordinate, and enforce the provisions of this Act and HB 1250;
(2) Establish educational, training, examination, and competency standards for professional
counselors and licensees under this Act and HB 1250;
(3) Establish standards for the safe and qualified practice of counseling and marriage and
family therapy;
(4) Evaluate the qualifications of applicants for licensure and issue and renew licenses and
permits;
(5) Establish standards and responsibilities for post-graduate board approved supervision for
candidates for licensure;
(6) Adopt ethical standards for the practice of counseling and marriage and family therapy;
(7) Establish competency standards and responsibilities for post-graduate board approved
supervisors;
(8) Maintain the names of persons that meet the qualifications for a license or permit;
(9) Conduct all disciplinary proceedings;
(10) Maintain a record of each complaint received by the board;
(11) Establish reasonable requirements regarding reentry into practice of inactive practitioners
and the reinstatement of previously licensed practitioners;
(12) Establish continuing education and continuing competency requirements for licensees and
permit holders under this Act and HB 1250 and the procedures for verifying compliance
with the established requirements;
(13) Establish standards for the practice of distance counseling and distance marriage and
family therapy;
(14) Communicate license and permit actions and status to relevant state and federal governing
bodies, as required by applicable state and federal law, or as the board determines is
appropriate; and
(15) Employ personnel in accordance with the needs and budget of the board, and enter into
contracts as necessary to carry out its responsibilities under this Act and HB 1250.
Section 13. That the code be amended by adding a NEW SECTION to read:
The board may promulgate rules, pursuant to chapter 1-26, to set standards for professional
practice and establish procedures for application, professional practice, licensure, eligibility,
renewals, ethical standards, continuing education, supervision, and examination of an applicant for
and a holder of licensure as a licensed professional counselor, licensed professional counselor-mental
health, and licensed marriage and family therapist.
Section 14. That the code be amended by adding a NEW SECTION to read:
Each license issued by the board under this Act, shall be conspicuously displayed by the licensee
at the licensee's primary place of practice. Each licensee shall post and keep conspicuously displayed
the annual renewal certificate issued by the board.
Section 15. That the code be amended by adding a NEW SECTION to read:
It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of
professional counseling, without a license, unless exempted under this Act.
Section 16. That the code be amended by adding a NEW SECTION to read:
Unless licensed in accordance with this Act, no person may represent himself or herself as a
counselor by using the titles licensed clinical mental health counselor, licensed clinical counselor,
licensed professional counselor--mental health, or licensed professional counselor, or any similar
title.
Section 17. That the code be amended by adding a NEW SECTION to read:
No advertising regarding the practice of counseling may be fraudulent or misleading. A violation
of this section is a Class 1 misdemeanor.
Section 18. That the code be amended by adding a NEW SECTION to read:
No licensee may perform counseling services that are outside the scope of the licensee's relevant
education, training, and experience.
Section 19. That the code be amended by adding a NEW SECTION to read:
The board may use its own staff or employ or contract with agents or investigators to assist in
the enforcement of this Act or any rule promulgated by the board.
If it appears to the board that a person is violating any provision or rule promulgated under this
Act, the board may, in its own name or in the name of the state, bring an action in the circuit court
of any county in which jurisdiction is proper, to enjoin the action, practice, or violation, and to
enforce compliance with this Act, or any rule promulgated under this Act. The proceedings shall be
prosecuted by the Office of the Attorney General or by a person designated by the attorney general
and retained by the board as provided in this Act.
Section 20. That the code be amended by adding a NEW SECTION to read:
The board and its members and officers shall assist any person charged with the enforcement of
this Act. The board, its members and officers shall furnish evidence to assist in the prosecution of
any violation or enforcement of this Act, and the board may make a reasonable expenditure for that
purpose. The board may employ an attorney designated by the attorney general. The board shall fix
and determine the compensation and period of service of the attorney to be paid out of the board's
funds.
Section 21. That the code be amended by adding a NEW SECTION to read:
An applicant for a license as a professional counselor-mental health shall file an application, in
the manner prescribed by the board, together with the application fee prescribed by the board. The
board shall issue a license as a professional counselor-mental health to an applicant who pays the
license fee and demonstrates that:
(1) The applicant has received a master's or a doctoral degree, which consists of at least sixty
credit hours in counseling, from an accredited counseling program recognized by the
board;
(2) The applicant has passed a standardized national examination approved by the board;
(3) Within the four years preceding the application, the applicant completed three thousand
hours of postgraduate supervision in counseling under a plan of supervision approved by
the board;
(4) The applicant has no pending disciplinary proceeding or unresolved disciplinary
complaint;
(5) The applicant is of good moral character; and
(6) The applicant is not in violation of this Act or any rule promulgated under this Act.
The board may refuse to grant a license to an applicant who fails to meet the requirements of this
section.
Notwithstanding the provisions of subdivision (5), the board may grant a license to an applicant
who has been convicted of or pled guilty to a felony, to any crime involving or relating to the
practice of counseling, or to any crime involving dishonesty or moral turpitude, if the board
determines that the applicant does not constitute a risk to public safety.
An applicant may appeal the denial of a license in accordance with chapter 1-26.
Section 22. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any other provisions, the board may accept a master's or a doctoral degree,
which contains at least forty-eight credit hours in counseling from an accredited counseling program
recognized by the board, if the applicant's degree was received before July 1, 2026.
Section 23. That the code be amended by adding a NEW SECTION to read:
If the board suspects that the physical or mental health of any applicant may jeopardize or
endanger anyone who seeks assistance from the applicant, the board may require that the applicant
be examined by a competent healthcare provider selected by the board. The board shall pay all costs
of the examination.
If the healthcare provider confirms that the applicant's physical or mental health may jeopardize
or endanger anyone who seeks services from the applicant, the board may deny the license until the
applicant furnishes proof that the applicant's physical and mental health is sufficient to practice
counseling.
Section 24. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any other provisions, the board may issue a license as a professional counselor-mental health to an applicant who is licensed to practice counseling in another state or territory of
the United States if the applicant demonstrates that:
(1) The applicant is currently licensed as a counselor and has been under the jurisdiction of
the licensing authority in the other jurisdiction for at least three continuous years prior to
the time of submitting an application to the board;
(2) The applicant is in good standing with the licensing authority in the other jurisdiction;
(3) The applicant has been in an active practice during the three year period prior to the time
of submitting an application to the board;
(4) The applicant passed a standard national examination approved by the board; and
(5) The applicant has no record of unprofessional conduct or any pending disciplinary
complaints in another jurisdiction by the applicant.
For purposes of this section, the term, active practice, means the applicant accumulated at least
one thousand five hundred hours of clinical experience.
Section 25. That the code be amended by adding a NEW SECTION to read:
If a professional counselor licensed in another state or territory of the United States has not
passed the national examination required by the board for licensure by endorsement, the board may
provide the applicant with a temporary license to practice for up to ninety days, provided the
applicant demonstrates that:
(1) The applicant is currently licensed as a counselor and has been under the jurisdiction of
the licensing authority in the other jurisdiction for at least three years prior to the time of
submitting an application to the board;
(2) The applicant is in good standing with the licensing authority in the other jurisdiction;
(3) The applicant has been in active practice during the three year period prior to the time of
submitting an application to the board; and
(4) The applicant has no record of unprofessional conduct or pending disciplinary complaints
in the other jurisdiction.
For purposes of this section, the term, active practice, means at least one thousand five hundred
hours of clinical experience.
An applicant for a temporary license shall submit an application on a form approved by the
board, along with the application fee and the temporary license fee prescribed by the board. The
board shall issue a temporary license as a professional counselor-mental health to an applicant who
meets the requirements of this section and pays the required fee. A temporary license expires upon
the applicant's passage of the required national examination or at the conclusion of the term for
which the temporary license was issued, whichever occurs first. A temporary license may only be
renewed once.
Section 26. That the code be amended by adding a NEW SECTION to read:
Any person practicing under a temporary license is subject to supervision and discipline by the
board, in the same manner as any other licensee under this Act. A person practicing under a
temporary license submits to the jurisdiction of the board.
Section 27. That the code be amended by adding a NEW SECTION to read:
Any licensee shall furnish the board with updated information within thirty days upon a change
in the licensee's name, place of employment, or place of business.
Section 28. That the code be amended by adding a NEW SECTION to read:
A license issued under this Act, other than a temporary license, is valid until November thirtieth
of the next odd numbered year following the date of issuance. A license expires automatically unless
it is renewed.
Section 29. That the code be amended by adding a NEW SECTION to read:
Any licensee holding a valid license under this Act may renew that license by submitting an
application for renewal prior to the date of expiration, paying the required renewal fee, and providing
proof of compliance with the continuing education requirements prescribed by the board. If a
licensee fails to renew a license on or before the thirtieth day of November in an odd numbered year,
the license is automatically suspended.
The board shall notify the licensee that a renewal application has not been received by the board
and that the licensee may not practice counseling. Any person who submits a license renewal
application and provides proof of compliance with the continuing education requirements set by the
board within thirty days after the expiration date may be granted a license renewal.
Section 30. That the code be amended by adding a NEW SECTION to read:
Except as otherwise provided in this section, any person licensed under this Act shall complete
at least forty hours of continuing education every two years in a manner and with an instructor
approved by the board.
Any person whose initial license is granted for a period of less than two years shall, during that
initial licensure period, complete a prorated number of hours of continuing education, in a manner
and with an instructor approved by the board.
The required continuing education hours may be obtained through electronic means. The board
may extend or waive the continuing education requirements for a licensee upon a showing of good
cause, prior to the expiration of the license.
Section 31. That the code be amended by adding a NEW SECTION to read:
The board may place a license on inactive status at the request of the licensee and the payment
of a fee prescribed by the board. An inactive license expires four years after the date of issuance. An
inactive license may be reactivated by payment of the license renewal fee and proof of having
completed at least forty hours of continuing education during the two-year period immediately
preceding the reactivation request. If a license is not reactivated prior to its expiration, all provisions
applicable to an applicant for licensure apply in order for the license to be restored to active status.
Any license on inactive status as of July 1, 2019, expires on November 30, 2021, unless the
licensee meets the requirements for restoration prior to that time.
Section 32. That the code be amended by adding a NEW SECTION to read:
An expired license may be reactivated within the four year period following its expiration if the
applicant:
(1) Pays all applicable renewal fees required for the period of expiration;
(2) Provides proof of all continuing education required for the period of expiration; and
(3) Provides proof of passing a national examination approved by the board after the date the
license expired.
Section 33. That the code be amended by adding a NEW SECTION to read:
This Act does not apply to the activities and services of a person practicing counseling as part
of that person's duties if the person is:
(1) Licensed or certified under this title and acting in a manner consistent with state law
regarding the scope of practice;
(2) Employed by a school, college, university, or other institution of higher learning and is
engaged primarily in the education of students;
(3) Employed by a federal, state, county, or local governmental institution or agency and
performing the duties for which the person was employed;
(4) Employed by a licensed health care facility, an accredited prevention or treatment facility,
a community support provider, a nonprofit mental health center, or a licensed or registered
child welfare agency;
(5) A member of the clergy and acting in a ministerial capacity, if the activity is within the
scope of the person's regular or specialized duties; and
(6) A student enrolled in a recognized program of study leading to a counseling degree,
provided that the student practices only under the direct supervision of a counselor
educator or a counselor licensed under this Act.
Section 34. That the code be amended by adding a NEW SECTION to read:
No licensee or an employee of a licensee may disclose information that was acquired from any
person consulting the licensee in a professional capacity and which was necessary to render services
in a professional capacity, except:
(1) If mandated by state law or authorized under the Health Insurance Portability and
Accountability Act of 1996, as amended through January 1, 2019;
(2) With the written consent of the person or, in the case of the person's death or disability,
with the written consent of a personal representative, a person authorized to sue on the
person's behalf, or the beneficiary of an insurance policy related to the person's life,
health, or physical condition;
(3) If the information is necessary to prevent or mitigate a serious and imminent threat to the
health or safety of a person or to the public, provided the disclosure is made to a person
reasonably able to prevent or mitigate the threat, including the target of the threat;
(4) If the licensed professional counselor or professional counselor-mental health is a party
defendant to a civil, criminal, or disciplinary action arising from such professional
capacity, in which case any waiver of the privilege accorded by this section is limited to
that action;
(5) If the client is a defendant in a criminal proceeding and the use of the privilege would
violate the defendant's right to a compulsory process or right to present testimony and
evidence; or
(6) If the person waives the privilege by bringing charges against the licensee.
Section 35. That the code be amended by adding a NEW SECTION to read:
If both parties to a marriage have obtained counseling by a licensed professional counselor or a
licensed professional counselor-mental health, the counselor may not testify in an alimony or divorce
action concerning information acquired in the course of the therapeutic relationship. This section
does not apply to custody actions.
Section 36. That the code be amended by adding a NEW SECTION to read:
The board shall receive complaints regarding any person licensed under this Act. A record of
each complaint shall be maintained by the board. An investigation shall be conducted by a member,
agent or an appointee of the board to determine whether the alleged violation has been committed.
The investigator, if a member of the board, may dismiss a complaint if it appears to the member,
either with or without consulting of the board, that no violation has been committed. If the
investigator is an agent or an appointee of the board, dismissal of the complaint may only be made
by the board president. Any agreed upon disposition made between the investigator and the licensee
or permit holder shall be made known to and approved by the board.
If the complaint is not dismissed and an agreed upon disposition is not reached, the investigator
may request that the board set a date for a hearing on the complaint. All disciplinary proceedings
held under the authority of this Act shall be conducted in accordance with chapter 1-26. Any decision
of the board entered in a contested proceeding may be appealed to the circuit court within thirty days.
A license or permit shall remain in effect during the pendency of an appeal, unless suspended under
this Act.
Section 37. That the code be amended by adding a NEW SECTION to read:
Upon receiving a complaint regarding the health or safety of patients or the public, any
authorized board member, officer, agent, or employee may enter and inspect, during business hours,
any place where counseling is practiced for the purpose of enforcing this Act. Refusal to allow an
inspection may constitute unprofessional or dishonorable conduct.
Section 38. That the code be amended by adding a NEW SECTION to read:
Testimony or documentary evidence of any kind obtained during the investigation of a complaint
is not subject to discovery or disclosure under chapter 15-6 or any other provision of law and is not
admissible as evidence in any legal proceeding, until such time as the complaint becomes a contested
case, as defined in § 1-26-1. No person who has participated in the investigation of a complaint may
testify as an expert witness or be compelled to testify for any party in any civil action, if the subject
matter of the complaint investigated is a basis for the civil action.
Section 39. That the code be amended by adding a NEW SECTION to read:
A license or permit may be suspended, revoked, or canceled if:
(1) The licensee or permit holder is guilty of fraud in the practice of counseling or of fraud
or deceit in the licensee's admission to the practice of counseling;
(2) The licensee or permit holder has been convicted during the past five years of a felony,
or of any crime which, if committed in this state would constitute a felony;
(3) The licensee or permit holder is engaged in the practice of counseling under a false or
assumed name and has not registered that name under chapter 37-11, or is impersonating
another practitioner having a like or different name;
(4) The licensee or permit holder is addicted to the habitual use of intoxicating liquors,
narcotics, or stimulants, to an extent that incapacitates the licensee from the performance
of professional duties;
(5) The physical or mental condition of the licensee or permit holder is determined by a
competent healthcare provider to be at risk of jeopardizing or endangering those who seek
services from the licensee, provided that a majority of the board may demand an
examination of the licensee or permit holder at the board's expense, and further provided
that if the licensee or permit holder fails to submit to the examination, this constitutes
grounds for the immediate suspension of the license or permit;
(6) Obtaining or attempting to obtain a license, certificate, permit, or renewal through means
of bribery or fraudulent representation;
(7) Knowingly making a false statement in connection with any application under this Act;
(8) Knowingly making a false statement on any form required by the board in accordance
with this Act or any rules promulgated under this Act;
(9) The licensee or permit holder has violated this Act or rules promulgated under this Act;
or
(10) The licensee or permit holder has been found to be in violation of ethical standards
adopted by the board.
Section 40. That the code be amended by adding a NEW SECTION to read:
Proceedings for the suspension, revocation, or cancellation of a license or permit may be initiated
when the board has information that a person may have committed any misconduct as provided for
in section 39 of this Act or is guilty of gross incompetence or unprofessional or dishonorable
conduct.
Section 41. That the code be amended by adding a NEW SECTION to read:
If the board finds that a person, entity, licensee, or permit holder has violated this Act or any rule
adopted under this Act, the board may:
(1) Revoke a license or permit for an indefinite period;
(2) Suspend a license or permit for a specific or an indefinite period;
(3) Place a limit or a condition on a license or permit;
(4) Issue a censure or a letter of reprimand;
(5) Place a licensee or permit holder on probationary status and require the licensee or permit
holder report regularly to the board on the matters that are the basis for probation, limit
the licensee's or permit holder's practice to areas prescribed by the board, and require
professional education until a satisfactory degree of skill has been attained in those areas
that are the basis of the probation, provided the board may withdraw the probation if the
board finds the deficiencies that required disciplinary action have been remedied;
(6) Impose any other sanction that the board determines is appropriate;
(7) Impose a fee to reimburse the board in an amount equal to some or all of the costs
incurred for the investigation and proceedings resulting in disciplinary action under this
Act, or for the issuance of a cease and desist order; or
(8) Deny an application for a license or permit.
Section 42. That the code be amended by adding a NEW SECTION to read:
The board may suspend a license or permit in advance of a final adjudication or during the
appeals process, if the board finds that allowing a licensee or permit holder to continue practicing
would represent a clear and immediate or imminent danger to public health and safety. A person
whose license or permit is suspended under this section is entitled to a hearing before the board
within twenty days after the effective date of the suspension. The suspension may subsequently be
appealed to the circuit court in accordance with chapter 1-26.
Section 43. That the code be amended by adding a NEW SECTION to read:
All proceedings regarding the suspension, revocation, or cancellation of a license or permit shall
conform to the procedure set forth in chapter 1-26.
A party may appeal any act, ruling, or decision regarding a license, in accordance with chapter
1-26.
Section 44. That the code be amended by adding a NEW SECTION to read:
At the board's discretion, the board may reinstate or issue a new license or permit. The board may
require the applicant to pay all costs of the proceedings resulting in the suspension, revocation,
reinstatement, or issuance of a license or permit.
Section 45. That the code be amended by adding a NEW SECTION to read:
The board shall investigate and report any alleged violation this Act. The board may employ
special counsel subject to the supervision, control, and direction of the attorney general to assist in
the prosecution of alleged criminal violations of this Act, and may expend the necessary funds for
this purpose.
Section 46. That the code be amended by adding a NEW SECTION to read:
Any person violating this Act, may be enjoined from further violations at the suit of the state's
attorney of the county where the violations occurred. In the alternative, suit may be brought by any
resident of this state.
Section 47. That the code be amended by adding a NEW SECTION to read:
Any person who practices counseling through electronic means and provides counseling services
to a patient located in this state is engaged in the practice of counseling in this state, regardless of
the provider's physical location. Any service provided by a person through electronic means shall
comply with this Act and rules promulgated under this Act.
Section 48. That the code be amended by adding a NEW SECTION to read:
The board shall promulgate rules in accordance with chapter 1-26, to establish the following:
(1) An application fee, not exceeding two hundred dollars;
(2) A biennial renewal fee, not exceeding five hundred dollars;
(3) A duplicate license fee, not exceeding fifteen dollars;
(4) An inactive license fee, not exceeding one hundred dollars;
(5) A temporary license fee, not exceeding two hundred dollars; and
(6) A license verification fee, not exceeding twenty-five dollars.
Section 49. That the code be amended by adding a NEW SECTION to read:
A professional counselor licensed by the board prior to July 1, 2019, and any person practicing
as a professional counselor under a board approved plan of supervision prior to July 1, 2019, may
be licensed as a professional counselor. Any person licensed under this section may practice
counseling as defined in this Act but may not perform any counseling services that are outside the
scope of the licensee's relevant education, training, and experience.
A licensee holding a license under this section may renew that license by submitting an
application for renewal prior to November 30, 2019, paying the required renewal fee, and providing
proof of compliance with the continuing education requirements prescribed by the board. If a
licensee fails to renew a license prior to November 30, 2019, and prior to November thirtieth of each
odd numbered year thereafter, the license is automatically suspended.
The board shall notify the licensee that a renewal application has not been received by the board
and that the licensee may not practice counseling. Any person who submits a license renewal
application and meets the other requirements set forth in this section within thirty days after the
expiration date may be granted a license renewal.
A professional counselor license on inactive status as of July 1, 2019, expires on November 30,
2021, unless the licensee restores the license to active status prior to November 30, 2021.
Section 50. That the code be amended by adding a NEW SECTION to read:
Notwithstanding the requirements of section 21 of this Act, a person licensed pursuant to section
49 of this Act may be issued a license as a professional counselor-mental health if the licensee
applies to the board, on a form prescribed by the board, submits the requisite fee, and demonstrates
that:
(1) The applicant is currently licensed as a professional counselor pursuant to this Act;
(2) The applicant has been licensed as a professional counselor by the board for at least four
years prior to the date of the application;
(3) The applicant has passed a standard national examination approved by the board to meet
the examination requirements of section 21 of this Act;
(4) The applicant has no pending disciplinary proceeding or unresolved disciplinary
complaint;
(5) The applicant is of good moral character; and
(6) The applicant is not in violation of any provision of this Act or any rules promulgated
pursuant to this Act.
Upon issuance of a professional counselor-mental health license pursuant to this section, the
applicant's professional counselor license shall automatically expire.
Section 51. That the code be amended by adding a NEW SECTION to read:
To be eligible for a license as a professional counselor pursuant to section 50 of this Act, any
person practicing under a board approved plan of supervision for a professional counselor that is
approved as of July 1, 2019, shall, within four years of the date that the plan of supervision was
approved, complete three thousand hours of board approved supervision and pass a standard national
examination approved by the board. A person practicing under a board approved plan of supervision
under this section may practice counseling. A person practicing counseling under a board approved
plan of supervision under this section may not perform any counseling services that are outside the
scope of the person's relevant education, training, and experience.
The board may not issue a person a plan of supervision as a professional counselor after July 1,
2019.
Section 52. That the code be amended by adding a NEW SECTION to read:
Any person who has been issued a plan of supervision as a professional counselor-mental health
as of January 1, 2019, shall meet the educational, supervision, and examination requirements set
forth in section 21 of this Act, to be eligible for licensure as a professional counselor-mental health.
Section 53. That the code be amended by adding a NEW SECTION to read:
Any person licensed as a professional counselor-mental health under § 36-32-42 before June 30,
2019, shall be licensed as a professional counselor-mental health pursuant to this Act."