As Passed by the House

127th General Assembly Regular Session 2007-2008

H. B. No. 427

Representatives Webster, Letson 

Cosponsors: Representatives Stebelton, Harwood, Evans, McGregor, J., Hagan, R., Brady, Coley, Dyer, Foley, Gerberry, Hughes, Luckie, Setzer, Skindell, Stewart, D., Williams, B., Yuko 

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A BILL

To amend sections 4757.01, 4757.04, 4757.21, 4757.26,

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4757.30, and 4757.36 of the Revised Code regarding

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the practice of marriage and family therapy and

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the membership of the professional standards

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committees of the Counselor, Social Worker, and

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Marriage and Family Therapist Board.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4757.01, 4757.04, 4757.21, 4757.26,	7
4757.30, and 4757.36 of the Revised Code be amended to read as	8
follows:	9

Sec. 4757.01.  As used in this chapter:

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(A) "Practice of professional counseling" means rendering or	11
offering to render to individuals, groups, organizations, or the	12
general public a counseling service involving the application of	13
clinical counseling principles, methods, or procedures to assist	14
individuals in achieving more effective personal, social,	15
educational, or career development and adjustment, including the	16
diagnosis and treatment of mental and emotional disorders.	17

(B) "Clinical counseling principles, methods, or procedures"	18
means an approach to counseling that emphasizes the counselor's	19
role in systematically assisting clients through all of the	20
following: assessing and analyzing background and current	21
information, diagnosing mental and emotional disorders, exploring	22
possible solutions, and developing and providing a treatment plan	23
for mental and emotional adjustment or development. "Clinical	24
counseling principles, methods, or procedures" includes at least	25
counseling, appraisal, consulting, and referral.	26

(C) "Practice of social work" means the application of	27
specialized knowledge of human development and behavior and	28
social, economic, and cultural systems in directly assisting	29
individuals, families, and groups in a clinical setting to improve	30
or restore their capacity for social functioning, including	31
counseling, the use of psychosocial interventions, and the use of	32
social psychotherapy, which includes the diagnosis and treatment	33
of mental and emotional disorders.	34

(D) "Accredited educational institution" means an institution	35
accredited by a national or regional accrediting agency accepted	36
by the board of regents.	37

(E) "Scope of practice" means the services, methods, and	38
techniques in which and the areas for which a person licensed or	39
registered under this chapter is trained and qualified.	40

(F) "Mental and emotional disorders" means those disorders	41
that are classified in accepted nosologies such as the	42
international classification of diseases and the diagnostic and	43
statistical manual of mental disorders and in future editions of	44
those nosologies.	45

(G) "Marriage and family therapy" means the diagnosis,	46
evaluation, assessment, counseling, management and treatment of	47
mental and emotional disorders, whether cognitive, affective, or	48
behavioral, within the context of marriage and family systems,	49
through the professional application of marriage and family	50
therapies and techniques.	51

(H) "Practice of marriage and family therapy" means the	52
diagnosis, treatment, evaluation, assessment, counseling, and	53
management, of mental and emotional disorders, whether cognitive,	54
affective or behavioral, within the context of marriage and family	55
systems, to individuals, couples, and families, singly or in	56
groups, whether those services are offered directly to the general	57
public or through public or private organizations, for a fee,	58
salary or other consideration through the professional application	59
of marriage and family theories, therapies, and techniques,	60
including, but not limited to psychotherapeutic theories,	61
therapies and techniques that marriage and family therapists are	62
educated and trained to perform. The practice of marriage and	63
family therapy does not mean any of the following:	64

(1) The treatment of biologically based psychiatric	65
conditions without consultation with an appropriate medical doctor	66
or psychiatrist;	67

(2) The use of psychotherapeutic techniques that are	68
exclusive to the scope of practice of a licensed psychologist or	69
psychiatrist;	70

(3) Any act that marriage and family therapists are not	71
educated to perform.	72

Sec. 4757.04.  Within the counselor, social worker, and	73
marriage and family therapist board, there is hereby created the	74
counselors professional standards committee, the social workers	75
professional standards committee, and the marriage and family	76
therapist professional standards committee.	77

The counselors professional standards committee consists of	78
the board's professional clinical counselor and professional	79
counselor members and one of the members representing the public	80
who is not the member representing the public on the marriage and	81
family therapist professional standards committee or the social	82
workers professional standards committee. The committee has full	83
authority to act on behalf of the board on all matters concerning	84
professional clinical counselors and professional counselors.	85

The social workers professional standards committee consists	86
of the board's independent social worker and social worker members	87
and one of the members representing the public who is not the	88
member representing the public on the counselors professional	89
standards committee or the marriage and family therapist	90
professional standards committee. The committee has full	91
authority to act on behalf of the board on all matters concerning	92
independent social workers, social workers, and social work	93
assistants.	94

The marriage and family therapist professional standards	95
committee consists of the board's marriage and family therapists	96
and one of the members representing the public who is not the	97
member representing the public on the counselors professional	98
standards committee or the social workers professional standards	99
committee. The committee has full authority to act on behalf of	100
the board on all matters concerning independent marriage and	101
family therapists and marriage and family therapists.	102

Sec. 4757.21.  A person licensed under this chapter to	103
practice as a professional clinical counselor or a professional	104
counselor may diagnose and treat mental and emotional disorders,	105
except that a professional counselor may do so only under the	106
supervision of a psychologist, psychiatrist, professional clinical	107
counselor, independent marriage and family therapist, or	108
independent social worker. A professional clinical counselor or	109
professional counselor may engage in the private practice of	110
professional counseling as an individual practitioner or as a	111
member of a partnership or group practice.	112

Sec. 4757.26.  (A) A person licensed under this chapter to	113
practice as an independent social worker or a social worker may	114
diagnose and treat mental and emotional disorders, except that a	115
social worker may do so only under the supervision of a	116
psychologist, psychiatrist, professional clinical counselor,	117
independent marriage and family therapist, independent social	118
worker, or registered nurse who holds a master's degree in	119
psychiatric nursing.	120

(B) A person licensed under this chapter to practice as an	121
independent social worker may engage in the private practice of	122
social work as an individual practitioner or as a member of a	123
partnership or group practice.	124

(C) A person licensed under this chapter to practice as a	125
social worker shall not engage in the private practice of social	126
work as an individual practitioner or as a member of a partnership	127
or group practice. A social worker shall not engage in the	128
practice of social work as an employee of a private individual,	129
partnership, or group practitioner of social work unless the	130
social worker is supervised by a psychologist, psychiatrist,	131
professional clinical counselor, independent marriage and family	132
therapist, independent social worker, or registered nurse who	133
holds a master's degree in psychiatric nursing.	134

(D) A person who receives a certificate of registration to	135
practice as a social work assistant is not authorized to engage in	136
the practice of social work. A social work assistant, under the	137
direct supervision of a psychologist, psychiatrist, professional	138
clinical counselor, professional counselor, independent marriage	139
and family therapist, independent social worker, social worker, or	140
registered nurse who holds a master's degree in psychiatric	141
nursing, may provide human, social, and community services that	142
include intake assessment and referral, screening, crisis	143
intervention and resolution, community support, case management	144
and outreach, record keeping, social assessment, visual	145
observation of an individual in the individual's environment,	146
assistance in facilitation with groups and families, advocacy, and	147
orientation, education, and prevention services.	148

Sec. 4757.30.  (A) The marriage and family therapist	149
professional standards committee of the counselor, social worker,	150
and marriage and family therapist board shall, after reviewing the	151
report submitted to it by the marriage and family therapist	152
professional standards committee, issue a license to practice as a	153
marriage and family therapist to a person who has done all of the	154
following:	155

(1) Properly completed an application for the license;

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(2) Paid the required fee established by the board under	157
section 4757.31 of the Revised Code;	158

(3) Achieved one of the following:

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(a) Received from an educational institution accredited at	160
the time the degree was granted by a regional accrediting	161
organization recognized by the board a master's degree or a	162
doctorate in marriage and family therapy;	163

(b) Completed a graduate degree that includes a minimum of	164
ninety quarter hours of graduate level course work in marriage and	165
family therapy training that is acceptable to the committee;	166

(4) Passed an examination administered by the board for the	167
purpose of determining the person's ability to be a marriage and	168
family therapist;	169

(5) Completed a practicum that includes at least three	170
hundred hours of client contact.	171

(B) To be accepted by the committee for purposes of division	172
(A)(3)(b) of this section, marriage and family therapist training	173
must include instruction in at least the following: research,	174
professional ethics, marriage and family studies, marriage and	175
family therapy, human development, appraisal of individuals and	176
families, and systems	177

(1) Research and evaluation;

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(2) Professional, legal, and ethical responsibilities;

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(3) Marriage and family studies;

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(4) Marriage and family therapy, including therapeutic theory	181
and techniques for individuals, groups, and families;	182

(5) Human development;

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(6) Appraisal of individuals and families;

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(7) Systems theory.

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(C) The boardmarriage and family therapist professional	186
standards committee shall, after reviewing the report submitted to	187
it by the marriage and family therapist professional standards	188
committee, issue a license to practice as an independent marriage	189
and family therapist to a person who meetsdoes both of the	190
following:	191

(1) Meets all of the requirements of division (A) of this	192
section and, after;	193

(2) After meeting the requirements underof division (A)(3)	194
of this section, completes at least two calendar years of work	195
experience in marriage and family therapy, including.	196

The two calendar years of work experience must include one	197
thousand hours of documented client contact in marriage and family	198
therapy. Two hundred hours of the one thousand hours must be	199
supervisedinclude face-to-face supervision by a supervisor whose	200
training and experience meets standards established by the board	201
in rules adopted under section 4757.10 of the Revised Code and one	202
hundred hours of the two hundred hours of supervision must be	203
individual supervision.	204

(D) The board shall waive the requirements of divisions	205
(A)(4) and (B) of this section for an applicant seeking licensure	206
under division (A) or (C) of this section for the two years	207
immediately following the effective date of this section if the	208
applicant presents satisfactory evidence of both of the following:	209

(1) That the applicant engaged in the practice of marriage	210
and family therapy for a total of not less than five years prior	211
to the effective date of this section;	212

(2) That, at the time of application, the applicant is an	213
associate or clinical member of the American association of	214
marriage and family therapists.	215

(E) An independent marriage and family therapist or a	216
marriage and family therapist may engage in the private practice	217
of marriage and family therapy as an individual practitioner or as	218
a member of a partnership or group practice.	219

(F)(E) A marriage and family therapist may diagnose and treat	220
mental and emotional disorders only under the supervision of a	221
psychologist, psychiatrist, professional clinical counselor,	222
independent social worker, or independent marriage and family	223
therapist. An independent marriage and family therapist may	224
diagnose and treat mental and emotional disorders without	225
supervision.	226

(G)(F) Nothing in this chapter or rules adopted under it	227
authorizes an independent marriage and family therapist or a	228
marriage and family therapist to admit a patient to a hospital or	229
requires a hospital to allow a marriage and family therapist to	230
admit a patient.	231

Sec. 4757.36.  (A) The professional standards committees of	232
the counselor, social worker, and marriage and family therapist	233
board, in accordance with Chapter 119. of the Revised Code, may	234
refuse to issue a license or certificate of registration applied	235
for under this chapter; refuse to renew a license or certificate	236
of registration issued under this chapter; suspend, revoke, or	237
otherwise restrict a license or certificate of registration issued	238
under this chapter; or reprimand a person holding a license or	239
certificate of registration issued under this chapter. Such	240
actions may be taken by the appropriate committee if the applicant	241
for a license or certificate of registration or the person holding	242
a license or certificate of registration has:	243

(1) Committed a violation of any provision of this chapter or	244
rules adopted under it;	245

(2) Knowingly made a false statement on an application for	246
licensure or registration, or for renewal of a license or	247
certificate of registration;	248

(3) Accepted a commission or rebate for referring persons to	249
any professionals licensed, certified, or registered by any court	250
or board, commission, department, division, or other agency of the	251
state, including, but not limited to, individuals practicing	252
counseling, social work, or marriage and family therapy or	253
practicing in fields related to counseling, social work, or	254
marriage and family therapy;	255

(4) Failed to comply with section 4757.12 of the Revised	256
Code;	257

(5) Been convicted in this or any other state of any crime	258
that is a felony in this state;	259

(6) Had the ability to perform properly as a professional	260
clinical counselor, professional counselor, independent marriage	261
and family therapist, marriage and family therapist, social work	262
assistant, social worker, or independent social worker impaired	263
due to the use of alcohol or other drugs or any other physical or	264
mental condition;	265

(7) Been convicted in this state or in any other state of a	266
misdemeanor committed in the course of practice as a professional	267
clinical counselor, professional counselor, independent marriage	268
and family therapist, marriage and family therapist, social work	269
assistant, social worker, or independent social worker;	270

(8) Practiced outside the scope of practice applicable to	271
that person;	272

(9) Practiced without complying with the supervision	273
requirements specified under sections 4757.21 and 4757.26, and	274
division (F)(E) of section 4757.30, of the Revised Code;	275

(10) Violated the person's code of ethical practice adopted	276
by rule of the board pursuant to section 4757.11 of the Revised	277
Code;	278

(11) Had a license or certificate of registration revoked or	279
suspended, or voluntarily surrendered a license or certificate of	280
registration in another state or jurisdiction for an offense that	281
would be a violation of this chapter.	282

(B) One year or more after the date of suspension or	283
revocation of a license or certificate of registration under this	284
section, application may be made to the appropriate professional	285
standards committee for reinstatement. The committee may accept or	286
refuse an application for reinstatement. If a license has been	287
suspended or revoked, the committee may require an examination for	288
reinstatement.	289

Section 2.  That existing sections 4757.01, 4757.04, 4757.21,	290
4757.26, 4757.30, and 4757.36 of the Revised Code are hereby	291
repealed.	292