Sub. H. B. No. 427 As Passed by the Senate

As Passed by the Senate

127th General Assembly

Regular Session

2007-2008

Sub. 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
Senator Harris

A BILL

To amend sections 4757.01, 4757.04, 4757.21, 4757.26,

4757.30, and 4757.36 of the Revised Code and to

amend Section 379.10 of Am. Sub. H.B. 119 of the

127th General Assembly, as subsequently amended,

regarding the practice of marriage and family

therapy and the membership of the professional

standards committees of the Counselor, Social

Worker, and Marriage and Family Therapist Board.

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

Section 1. That sections 4757.01, 4757.04, 4757.21, 4757.26,	9
4757.30, and 4757.36 of the Revised Code be amended to read as	10
follows:	11

Sec. 4757.01. As used in this chapter:

(A) "Practice of professional counseling" means rendering or	13
offering to render to individuals, groups, organizations, or the	14
general public a counseling service involving the application of	15
clinical counseling principles, methods, or procedures to assist	16
individuals in achieving more effective personal, social,	17
educational, or career development and adjustment, including the	18
diagnosis and treatment of mental and emotional disorders.	19

(B) "Clinical counseling principles, methods, or procedures"	20
means an approach to counseling that emphasizes the counselor's	21
role in systematically assisting clients through all of the	22
following: assessing and analyzing background and current	23
information, diagnosing mental and emotional disorders, exploring	24
possible solutions, and developing and providing a treatment plan	25
for mental and emotional adjustment or development. "Clinical	26
counseling principles, methods, or procedures" includes at least	27
counseling, appraisal, consulting, and referral.	28

(C) "Practice of social work" means the application of	29
specialized knowledge of human development and behavior and	30
social, economic, and cultural systems in directly assisting	31
individuals, families, and groups in a clinical setting to improve	32
or restore their capacity for social functioning, including	33
counseling, the use of psychosocial interventions, and the use of	34
social psychotherapy, which includes the diagnosis and treatment	35
of mental and emotional disorders.	36

(D) "Accredited educational institution" means an institution	37
accredited by a national or regional accrediting agency accepted	38
by the board of regents.	39

(E) "Scope of practice" means the services, methods, and	40
techniques in which and the areas for which a person licensed or	41
registered under this chapter is trained and qualified.	42

(F) "Mental and emotional disorders" means those disorders	43
that are classified in accepted nosologies such as the	44
international classification of diseases and the diagnostic and	45
statistical manual of mental disorders and in future editions of	46
those nosologies.	47

(G) "Marriage and family therapy" means the diagnosis,	48
evaluation, assessment, counseling, management and treatment of	49
mental and emotional disorders, whether cognitive, affective, or	50
behavioral, within the context of marriage and family systems,	51
through the professional application of marriage and family	52
therapies and techniques.	53

(H) "Practice of marriage and family therapy" means the	54
diagnosis, treatment, evaluation, assessment, counseling, and	55
management, of mental and emotional disorders, whether cognitive,	56
affective or behavioral, within the context of marriage and family	57
systems, to individuals, couples, and families, singly or in	58
groups, whether those services are offered directly to the general	59
public or through public or private organizations, for a fee,	60
salary or other consideration through the professional application	61
of marriage and family theories, therapies, and techniques,	62
including, but not limited to psychotherapeutic theories,	63
therapies and techniques that marriage and family therapists are	64
educated and trained to perform. ~~The practice of marriage and~~	65
~~family therapy does not mean any of the following:~~	66

~~(1) The treatment of biologically based psychiatric~~	67
~~conditions without consultation with an appropriate medical doctor~~	68
~~or psychiatrist;~~	69

~~(2) The use of psychotherapeutic techniques that are~~	70
~~exclusive to the scope of practice of a licensed psychologist or~~	71
~~psychiatrist;~~	72

~~(3) Any act that marriage and family therapists are not~~	73
~~educated to perform.~~	74

Sec. 4757.04. Within the counselor, social worker, and	75
marriage and family therapist board, there is hereby created the	76
counselors professional standards committee, the social workers	77
professional standards committee, and the marriage and family	78
therapist professional standards committee.	79

The counselors professional standards committee consists of	80
the board's professional clinical counselor and professional	81
counselor members and one of the members representing the public	82
who is not the member representing the public on the marriage and	83
family therapist professional standards committee or the social	84
workers professional standards committee. The committee has full	85
authority to act on behalf of the board on all matters concerning	86
professional clinical counselors and professional counselors.	87

The social workers professional standards committee consists	88
of the board's independent social worker and social worker members	89
and one of the members representing the public who is not the	90
member representing the public on the counselors professional	91
standards committee or the marriage and family therapist	92
professional standards committee. The committee has full	93
authority to act on behalf of the board on all matters concerning	94
independent social workers, social workers, and social work	95
assistants.	96

The marriage and family therapist professional standards	97
committee consists of the board's marriage and family therapists	98
and one of the members representing the public who is not the	99
member representing the public on the counselors professional	100
standards committee or the social workers professional standards	101
committee. The committee has full authority to act on behalf of	102
the board on all matters concerning independent marriage and	103
family therapists and marriage and family therapists.	104

Sec. 4757.21. A person licensed under this chapter to	105
practice as a professional clinical counselor or a professional	106
counselor may diagnose and treat mental and emotional disorders,	107
except that a professional counselor may do so only under the	108
supervision of a psychologist, psychiatrist, professional clinical	109
counselor, independent marriage and family therapist, or	110
independent social worker. A professional clinical counselor or	111
professional counselor may engage in the private practice of	112
professional counseling as an individual practitioner or as a	113
member of a partnership or group practice.	114

Sec. 4757.26. (A) A person licensed under this chapter to	115
practice as an independent social worker or a social worker may	116
diagnose and treat mental and emotional disorders, except that a	117
social worker may do so only under the supervision of a	118
psychologist, psychiatrist, professional clinical counselor,	119
independent marriage and family therapist, independent social	120
worker, or registered nurse who holds a master's degree in	121
psychiatric nursing.	122

(B) A person licensed under this chapter to practice as an	123
independent social worker may engage in the private practice of	124
social work as an individual practitioner or as a member of a	125
partnership or group practice.	126

(C) A person licensed under this chapter to practice as a	127
social worker shall not engage in the private practice of social	128
work as an individual practitioner or as a member of a partnership	129
or group practice. A social worker shall not engage in the	130
practice of social work as an employee of a private individual,	131
partnership, or group practitioner of social work unless the	132
social worker is supervised by a psychologist, psychiatrist,	133
professional clinical counselor, independent marriage and family	134
therapist, independent social worker, or registered nurse who	135
holds a master's degree in psychiatric nursing.	136

(D) A person who receives a certificate of registration to	137
practice as a social work assistant is not authorized to engage in	138
the practice of social work. A social work assistant, under the	139
direct supervision of a psychologist, psychiatrist, professional	140
clinical counselor, professional counselor, independent marriage	141
and family therapist, independent social worker, social worker, or	142
registered nurse who holds a master's degree in psychiatric	143
nursing, may provide human, social, and community services that	144
include intake assessment and referral, screening, crisis	145
intervention and resolution, community support, case management	146
and outreach, record keeping, social assessment, visual	147
observation of an individual in the individual's environment,	148
assistance in facilitation with groups and families, advocacy, and	149
orientation, education, and prevention services.	150

Sec. 4757.30. (A) The marriage and family therapist	151
professional standards committee of the counselor, social worker,	152
and marriage and family therapist board shall~~, after reviewing the~~	153
~~report submitted to it by the marriage and family therapist~~	154
~~professional standards committee,~~ issue a license to practice as a	155
marriage and family therapist to a person who has done all of the	156
following:	157

(1) Properly completed an application for the license;

158

(2) Paid the required fee established by the board under	159
section 4757.31 of the Revised Code;	160

(3) Achieved one of the following:

161

(a) Received from an educational institution accredited at	162
the time the degree was granted by a regional accrediting	163
organization recognized by the board a master's degree or a	164
doctorate in marriage and family therapy;	165

(b) Completed a graduate degree that includes a minimum of	166
ninety quarter hours of graduate level course work in marriage and	167
family therapy training that is acceptable to the committee;	168

(4) Passed an examination administered by the board for the	169
purpose of determining the person's ability to be a marriage and	170
family therapist;	171

(5) Completed a practicum that includes at least three	172
hundred hours of client contact.	173

(B) To be accepted by the committee for purposes of division	174
(A)(3)(b) of this section, marriage and family therapist training	175
must include instruction in at least the following: ~~research,~~	176
~~professional ethics, marriage and family studies, marriage and~~	177
~~family therapy, human development, appraisal of individuals and~~	178
~~families, and systems~~	179

(1) Research and evaluation;

180

(2) Professional, legal, and ethical responsibilities;

181

(3) Marriage and family studies;

182

(4) Marriage and family therapy, including therapeutic theory	183
and techniques for individuals, groups, and families;	184

(5) Human development;

185

(6) Appraisal of individuals and families;

186

(7) Diagnosis of mental and emotional disorders;

187

(8) Systems theory.

188

(C) The ~~board~~marriage and family therapist professional	189
standards committee shall~~, after reviewing the report submitted to~~	190
~~it by the marriage and family therapist professional standards~~	191
~~committee,~~ issue a license to practice as an independent marriage	192
and family therapist to a person who ~~meets~~does both of the	193
following:	194

(1) Meets all of the requirements of division (A) of this	195
section ~~and, after~~;	196

(2) After meeting the requirements ~~under~~of division (A)(3)	197
of this section, completes at least two calendar years of work	198
experience in marriage and family therapy~~, including~~.	199

The two calendar years of work experience must include one	200
thousand hours of documented client contact in marriage and family	201
therapy. Two hundred hours of the one thousand hours must be	202
~~supervised~~include face-to-face supervision by a supervisor whose	203
training and experience meets standards established by the board	204
in rules adopted under section 4757.10 of the Revised Code and one	205
hundred hours of the two hundred hours of supervision must be	206
individual supervision.	207

(D) ~~The board shall waive the requirements of divisions~~	208
~~(A)(4) and (B) of this section for an applicant seeking licensure~~	209
~~under division (A) or (C) of this section for the two years~~	210
~~immediately following the effective date of this section if the~~	211
~~applicant presents satisfactory evidence of both of the following:~~	212

~~(1) That the applicant engaged in the practice of marriage~~	213
~~and family therapy for a total of not less than five years prior~~	214
~~to the effective date of this section;~~	215

~~(2) That, at the time of application, the applicant is an~~	216
~~associate or clinical member of the American association of~~	217
~~marriage and family therapists.~~	218

~~(E)~~ An independent marriage and family therapist or a	219
marriage and family therapist may engage in the private practice	220
of marriage and family therapy as an individual practitioner or as	221
a member of a partnership or group practice.	222

~~(F)~~(E) A marriage and family therapist may diagnose and treat	223
mental and emotional disorders only under the supervision of a	224
psychologist, psychiatrist, professional clinical counselor,	225
independent social worker, or independent marriage and family	226
therapist. An independent marriage and family therapist may	227
diagnose and treat mental and emotional disorders without	228
supervision.	229

~~(G)~~(F) Nothing in this chapter or rules adopted under it	230
authorizes an independent marriage and family therapist or a	231
marriage and family therapist to admit a patient to a hospital or	232
requires a hospital to allow a marriage and family therapist to	233
admit a patient.	234

(G) An independent marriage and family therapist or a	235
marriage and family therapist may not diagnose, treat, or advise	236
on conditions outside the recognized boundaries of the marriage	237
and family therapist's competency. An independent marriage and	238
family therapist or a marriage and family therapist shall make	239
appropriate and timely referrals when a client's needs exceed the	240
marriage and family therapist's competence level.	241

Sec. 4757.36. (A) The professional standards committees of	242
the counselor, social worker, and marriage and family therapist	243
board, in accordance with Chapter 119. of the Revised Code, may	244
refuse to issue a license or certificate of registration applied	245
for under this chapter; refuse to renew a license or certificate	246
of registration issued under this chapter; suspend, revoke, or	247
otherwise restrict a license or certificate of registration issued	248
under this chapter; or reprimand a person holding a license or	249
certificate of registration issued under this chapter. Such	250
actions may be taken by the appropriate committee if the applicant	251
for a license or certificate of registration or the person holding	252
a license or certificate of registration has:	253

(1) Committed a violation of any provision of this chapter or	254
rules adopted under it;	255

(2) Knowingly made a false statement on an application for	256
licensure or registration, or for renewal of a license or	257
certificate of registration;	258

(3) Accepted a commission or rebate for referring persons to	259
any professionals licensed, certified, or registered by any court	260
or board, commission, department, division, or other agency of the	261
state, including, but not limited to, individuals practicing	262
counseling, social work, or marriage and family therapy or	263
practicing in fields related to counseling, social work, or	264
marriage and family therapy;	265

(4) Failed to comply with section 4757.12 of the Revised	266
Code;	267

(5) Been convicted in this or any other state of any crime	268
that is a felony in this state;	269

(6) Had the ability to perform properly as a professional	270
clinical counselor, professional counselor, independent marriage	271
and family therapist, marriage and family therapist, social work	272
assistant, social worker, or independent social worker impaired	273
due to the use of alcohol or other drugs or any other physical or	274
mental condition;	275

(7) Been convicted in this state or in any other state of a	276
misdemeanor committed in the course of practice as a professional	277
clinical counselor, professional counselor, independent marriage	278
and family therapist, marriage and family therapist, social work	279
assistant, social worker, or independent social worker;	280

(8) Practiced outside the scope of practice applicable to	281
that person;	282

(9) Practiced without complying with the supervision	283
requirements specified under sections 4757.21 and 4757.26, and	284
division ~~(F)~~(E) of section 4757.30, of the Revised Code;	285

(10) Violated the person's code of ethical practice adopted	286
by rule of the board pursuant to section 4757.11 of the Revised	287
Code;	288

(11) Had a license or certificate of registration revoked or	289
suspended, or voluntarily surrendered a license or certificate of	290
registration in another state or jurisdiction for an offense that	291
would be a violation of this chapter.	292

(B) One year or more after the date of suspension or	293
revocation of a license or certificate of registration under this	294
section, application may be made to the appropriate professional	295
standards committee for reinstatement. The committee may accept or	296
refuse an application for reinstatement. If a license has been	297
suspended or revoked, the committee may require an examination for	298
reinstatement.	299

Section 2. That existing sections 4757.01, 4757.04, 4757.21,	300
4757.26, 4757.30, and 4757.36 of the Revised Code are hereby	301
repealed.	302

Section 3. That Section 379.10 of Am. Sub. H.B. 119 of the	303
127th General Assembly, as amended by Am. Sub. H.B. 562 of the	304
127th General Assembly, be amended to read as follows:	305

Sec. 379.10. RSC REHABILITATION SERVICES COMMISSION

306

General Revenue Fund	307

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	308
GRF	415-402	Independent Living Council	$	450,000	$	450,000	309
GRF	415-406	Assistive Technology	$	47,531	$	47,531	310
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	311
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	312
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	313
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	314

General Services Fund Group	315

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	316
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	317
TOTAL GSF General Services							318
Fund Group			$	19,755,270	$	20,189,122	319

Federal Special Revenue Fund Group	320

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	321
3L1	415-605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	322
3L1	415-608	Social Security Vocational Rehabilitation	$	1,506,260	$	1,506,260	323
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	324
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	325
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	326
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	327
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	328
TOTAL FED Federal Special							329
Revenue Fund Group			$	214,316,854	$	220,120,651	330

State Special Revenue Fund Group	331

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	332
468	415-618	Third Party Funding	$	906,910	$	906,910	333
TOTAL SSR State Special							334
Revenue Fund Group			$	4,672,247	$	5,406,910	335
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	336

INDEPENDENT LIVING COUNCIL

337

The foregoing appropriation item 415-402, Independent Living	338
Council, shall be used to fund the operations of the State	339
Independent Living Council and shall be used to support state	340
independent living centers and independent living services under	341
Title VII of the Independent Living Services and Centers for	342
Independent Living of the Rehabilitation Act Amendments of 1992,	343
106 Stat. 4344, 29 U.S.C. 796d.	344

OFFICE FOR PEOPLE WITH BRAIN INJURY

345

Of the foregoing appropriation item 415-431, Office for	346
People with Brain Injury, up to $50,000 in each fiscal year shall	347
be used for the state match for a federal grant awarded through	348
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	349
$50,000 in each fiscal year shall be provided to the Brain Injury	350
Trust Fund. The remaining appropriation shall be used to plan and	351
coordinate head-injury-related services provided by state agencies	352
and other government or private entities, to assess the needs for	353
such services, and to set priorities in this area.	354

VOCATIONAL REHABILITATION SERVICES

355

The foregoing appropriation item 415-506, Services for People	356
with Disabilities, shall be used as state matching funds to	357
provide vocational rehabilitation services to eligible consumers.	358

SERVICES FOR THE DEAF

359

The foregoing appropriation item 415-508, Services for the	360
Deaf, shall be used to provide grants to community centers for the	361
deaf. These funds shall not be provided in lieu of Social Security	362
reimbursement funds.	363

PROGRAM MANAGEMENT EXPENSES

364

The foregoing appropriation item 415-606, Program Management	365
Expenses, shall be used to support the administrative functions of	366
the commission related to the provision of vocational	367
rehabilitation, disability determination services, and ancillary	368
programs.	369

NATIONAL ACCREDITATION COMPLIANCE

370

Of the foregoing appropriation item 415-616, Federal –	371
Vocational Rehabilitation, $250,000 over the biennium shall be	372
used to establish and implement a Community Rehabilitation	373
Program national accreditation compliance and monitoring program	374
administered by the Ohio Association of Rehabilitation	375
Facilities.	376

~~Not later than 30 days after the effective date of this~~	377
~~amendment, the Rehabilitation Services Commission shall enter into~~	378
~~a contract or other agreement that complies with 34 CRF 361.3(b)~~	379
~~and 34 CRF 361.5(b)(2) with the Ohio Association of Rehabilitation~~	380
~~Facilities and convey the funds to establish and implement the~~	381
~~Community Rehabilitation Program national accreditation compliance~~	382
~~and monitoring program.~~	383

CLEVELAND SIGHT CENTER

384

Of the foregoing appropriation item 415-616, Federal –	385
Vocational Rehabilitation, $100,000 in each fiscal year shall be	386
provided to the Cleveland Sight Center for Technology Initiative	387
to purchase adaptive technology and software for the employment of	388
Ohioans who are blind or visually impaired.	389

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

390

The foregoing appropriation item 415-617, Independent	391
Living/Vocational Rehabilitation Programs, shall be used to	392
support vocational rehabilitation programs.	393

SOCIAL SECURITY REIMBURSEMENT FUNDS

394

Reimbursement funds received from the Social Security	395
Administration, United States Department of Health and Human	396
Services, for the costs of providing services and training to	397
return disability recipients to gainful employment shall be used	398
in the Social Security Reimbursement Fund (Fund 3L1), to the	399
extent funds are available, as follows:	400

(A) Appropriation item 415-601, Social Security Personal Care	401
Assistance, to provide personal care services in accordance with	402
section 3304.41 of the Revised Code;	403

(B) Appropriation item 415-608, Social Security Vocational	404
Rehabilitation, to provide vocational rehabilitation services to	405
individuals with severe disabilities who are Social Security	406
beneficiaries, to enable them to achieve competitive employment.	407
This appropriation item also includes funds to assist the Personal	408
Care Assistance Program to pay its share of indirect costs as	409
mandated by federal OMB Circular A-87.	410

PERFORMANCE AUDIT

411

The Auditor of State shall complete a performance audit of	412
the Rehabilitation Services Commission. Upon completing the	413
performance audit, the Auditor of State shall submit a report of	414
the findings of the audit to the Governor, the President of the	415
Senate, the Speaker of the House of Representatives, and the Board	416
of Rehabilitation Services Commission. Expenses incurred by the	417
Auditor of State to conduct the performance audit shall be	418
reimbursed by the Rehabilitation Services Commission.	419

INTERNAL REVIEW

420

The Administrator of the Rehabilitation Services Commission	421
shall consult with the Director of Budget and Management and	422
representatives of local rehabilitation services agencies to	423
conduct an internal review of policies and procedures to increase	424
efficiency and identify and eliminate duplicative practices. Any	425
savings identified as a result of the internal review or the	426
performance audit conducted by the Auditor of State shall be used	427
for community-based care.	428

The Administrator of the Rehabilitation Services Commission	429
shall seek Controlling Board approval before expending any funds	430
identified as a result of the internal review or the performance	431
audit.	432

Section 4. That existing Section 379.10 of Am. Sub. H.B. 119	433
of the 127th General Assembly, as amended by Am. Sub. H.B. 562 of	434
the 127th General Assembly, is hereby repealed.	435