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H. B. No. 427 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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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
A BILL
To amend sections 4757.01, 4757.04, 4757.21, 4757.26,
4757.30, and 4757.36 of the Revised Code 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,
4757.30, and 4757.36 of the Revised Code be amended to read as
follows:
Sec. 4757.01. As used in this chapter:
(A)
"Practice of professional counseling" means rendering
or
offering to render to individuals, groups, organizations, or
the
general public a counseling service involving the application
of
clinical counseling principles, methods, or procedures to
assist
individuals in achieving more effective personal, social,
educational, or career development and adjustment, including the
diagnosis and
treatment of mental and emotional disorders.
(B)
"Clinical counseling principles, methods, or
procedures"
means an approach to counseling that emphasizes the
counselor's
role in systematically assisting clients through all
of the
following: assessing and analyzing background and current
information, diagnosing mental and emotional disorders,
exploring
possible solutions, and developing and providing a
treatment plan
for mental and emotional adjustment or
development.
"Clinical
counseling principles, methods, or
procedures" includes at least
counseling, appraisal, consulting,
and referral.
(C)
"Practice of social work" means the application of
specialized
knowledge of human development and behavior and
social, economic,
and cultural systems in directly assisting
individuals, families,
and groups in a clinical setting to improve
or restore their
capacity for social functioning, including
counseling, the
use of psychosocial interventions, and the use of
social psychotherapy, which
includes the diagnosis and treatment
of mental and emotional disorders.
(D)
"Accredited educational institution" means an
institution
accredited by
a national or regional accrediting
agency
accepted
by the
board of regents.
(E)
"Scope of practice" means the services, methods, and
techniques in which and the areas for which a person licensed or
registered under this chapter is trained and qualified.
(F)
"Mental and emotional disorders" means those disorders
that are classified in accepted nosologies such as the
international classification of diseases and the diagnostic and
statistical manual of mental disorders and in future editions of
those nosologies.
(G)
"Marriage and family therapy" means the diagnosis,
evaluation,
assessment, counseling, management and treatment of
mental and emotional
disorders, whether cognitive, affective, or
behavioral, within the
context of marriage and family systems,
through the professional
application of marriage and family
therapies and techniques.
(H) "Practice of marriage and family therapy" means the
diagnosis, treatment, evaluation, assessment, counseling, and
management, of
mental and emotional disorders, whether cognitive,
affective or behavioral,
within the context of marriage and family
systems, to individuals,
couples, and families, singly or in
groups, whether those services
are offered directly to the general
public or through public or
private organizations, for a fee,
salary or other consideration
through the professional application
of marriage and family
theories, therapies, and techniques,
including, but not limited to
psychotherapeutic theories,
therapies and techniques that marriage
and family therapists are
educated and trained to perform. The
practice of marriage and
family therapy does not mean any of the
following:
(1) The treatment of biologically based psychiatric
conditions without consultation with an appropriate medical doctor
or psychiatrist;
(2) The use of psychotherapeutic techniques that are
exclusive to the scope of practice of a licensed psychologist or
psychiatrist;
(3) Any act that marriage and family therapists are not
educated to perform.
Sec. 4757.04. Within the counselor, social worker,
and
marriage and family therapist board, there is
hereby created the
counselors professional standards committee, the social
workers
professional standards committee,
and the marriage and
family
therapist professional standards committee.
The counselors professional
standards committee consists of
the board's professional clinical
counselor and professional
counselor members and one of the members
representing the public
who is not the member representing the public on the marriage and
family therapist professional standards committee or the social
workers
professional standards committee.
The committee has full
authority
to act
on behalf of the board on
all matters concerning
professional clinical
counselors and
professional counselors.
The social workers professional standards committee
consists
of the board's independent social worker and social worker
members
and one of the members representing the public who is not the
member
representing the public on the counselors professional
standards committee or the marriage and family therapist
professional standards
committee.
The committee has full
authority to act on
behalf of
the board on all matters concerning
independent
social
workers,
social workers, and social work
assistants.
The marriage and family therapist professional standards
committee consists
of the board's marriage and family therapists
and one of the members
representing the public who is not the
member representing the public on the
counselors professional
standards committee or the social workers professional
standards
committee. The committee has full authority to act on behalf of
the board on all matters concerning independent marriage and
family therapists and marriage and family therapists.
Sec. 4757.21. A person licensed under this chapter to
practice as a
professional clinical counselor or a
professional
counselor may diagnose and treat mental and emotional disorders,
except that a professional counselor may do so only under the
supervision of a
psychologist, psychiatrist,
professional clinical
counselor, independent marriage and family therapist, or
independent social worker. A professional
clinical counselor or
professional counselor may engage in
the private practice of
professional counseling as an individual practitioner
or as a
member of a partnership or group practice.
Sec. 4757.26. (A) A person licensed
under this chapter to
practice as an independent social worker
or a social worker may
diagnose and treat mental and emotional
disorders, except that a
social worker may do so only under the
supervision of a
psychologist, psychiatrist, professional
clinical counselor,
independent marriage and family therapist, independent social
worker, or registered
nurse who holds a master's degree in
psychiatric nursing.
(B) A person licensed under this chapter to practice as an
independent social worker may engage in the private
practice of
social work as an individual practitioner or as a member of a
partnership or group practice.
(C) A person licensed under this chapter to
practice as a
social worker shall not engage in the private practice of social
work as an individual practitioner or as a member of a partnership
or group
practice. A social worker shall not engage in the
practice of social work as
an employee
of a private individual,
partnership, or group practitioner of social work
unless the
social worker is supervised by a psychologist, psychiatrist,
professional clinical counselor, independent marriage and family
therapist, independent social worker, or registered
nurse who
holds a master's degree in psychiatric nursing.
(D) A person who receives a certificate of registration to
practice as a social
work assistant is not authorized to engage in
the practice of social work. A
social work assistant, under the
direct supervision of a psychologist,
psychiatrist, professional
clinical
counselor, professional counselor, independent marriage
and family therapist, independent social worker,
social worker, or
registered nurse who holds a master's degree
in psychiatric
nursing, may provide human, social, and community
services that
include intake assessment and referral, screening,
crisis
intervention and resolution, community support, case
management
and outreach, record keeping, social assessment,
visual
observation of an individual in the individual's
environment,
assistance in facilitation with groups and
families, advocacy, and
orientation, education, and prevention
services.
Sec. 4757.30.
(A) The marriage and family therapist
professional standards committee of the counselor, social worker,
and
marriage and
family therapist board shall, after reviewing the
report submitted to it by
the marriage and family therapist
professional standards committee,
issue a license
to practice as a
marriage
and family therapist to a person who has done all of the
following:
(1) Properly completed an application for the license;
(2) Paid the required fee established by the board under
section 4757.31
of the Revised Code;
(3) Achieved one of the following:
(a) Received from an educational institution accredited at
the time the
degree was granted by a regional accrediting
organization
recognized by the board a master's
degree or a
doctorate in marriage and family therapy;
(b) Completed a graduate degree that includes a minimum of
ninety quarter hours of graduate
level course
work
in marriage and
family
therapy training that is
acceptable to the committee;
(4) Passed an examination administered by the board for the
purpose of
determining the person's ability to be a marriage and
family therapist;
(5) Completed a practicum that includes at least three
hundred hours of
client contact.
(B) To be accepted by the committee for purposes of division
(A)(3)(b) of this section, marriage and family therapist training
must include instruction in at least the following: research,
professional ethics, marriage and family studies, marriage and
family therapy, human development, appraisal of individuals and
families, and systems
(1) Research and evaluation;
(2) Professional, legal, and ethical responsibilities;
(3) Marriage and family studies;
(4) Marriage and family therapy, including therapeutic theory
and techniques for individuals, groups, and families;
(6) Appraisal of individuals and families;
(C) The board marriage and family therapist professional
standards committee shall, after reviewing the report submitted
to
it
by the marriage and family therapist professional standards
committee, issue
a license to practice as an independent marriage
and family
therapist to a person who
meets does both of the
following:
(1) Meets all of the requirements of
division (A) of this
section and,
after;
(2) After meeting the requirements
under of division (A)(3)
of this section,
completes at least
two
calendar years of work
experience in marriage and
family
therapy,
including.
The two calendar years of work experience must include one
thousand hours of documented client contact
in
marriage and family
therapy. Two hundred hours of the one
thousand hours must
be
supervised include face-to-face supervision by a supervisor whose
training
and experience meets standards established by the board
in rules
adopted under section 4757.10 of the Revised Code and one
hundred
hours of the two hundred hours
of supervision must be
individual
supervision.
(D) The board shall
waive the requirements of divisions
(A)(4) and (B) of this section
for an applicant seeking licensure
under
division (A) or (C) of this section for the two years
immediately following the effective date of this section if the
applicant
presents satisfactory evidence of both of the following:
(1) That the applicant engaged in the practice of marriage
and
family therapy for a total of not less than five years prior
to the effective
date of this section;
(2) That, at the time of application, the applicant is an
associate or
clinical member of the American association of
marriage and family
therapists.
(E) An independent marriage and family therapist or a
marriage
and family therapist may engage in the private
practice
of marriage and family therapy as an individual practitioner or as
a
member of a partnership or group practice.
(F)(E) A marriage and family therapist may
diagnose and treat
mental and emotional disorders only under the
supervision of a
psychologist, psychiatrist, professional clinical counselor,
independent social worker, or independent marriage and family
therapist. An
independent marriage and family therapist may
diagnose and treat mental and
emotional disorders without
supervision.
(G)(F) Nothing in this chapter or rules adopted under it
authorizes
an independent marriage and family
therapist or a
marriage and family
therapist to admit a patient to a hospital or
requires a
hospital to allow a marriage and family therapist to
admit a
patient.
Sec. 4757.36. (A) The professional
standards committees of
the counselor, social worker,
and marriage and family
therapist
board,
in accordance with Chapter 119. of the Revised
Code, may
refuse to
issue a license or certificate of registration
applied
for under this
chapter; refuse
to renew a license or
certificate
of registration issued under this chapter;
suspend,
revoke, or
otherwise restrict a license or certificate of
registration issued
under this chapter; or reprimand a person
holding a
license or
certificate of registration issued under this
chapter. Such
actions may be taken by the appropriate committee
if the applicant
for a
license or certificate of registration or
the person holding
a license or
certificate of registration has:
(1) Committed a violation of any provision of this chapter
or
rules adopted under it;
(2) Knowingly made a false statement on an application
for
licensure or registration, or for renewal of a license or
certificate of registration;
(3) Accepted a commission or rebate for referring persons
to
any professionals licensed, certified, or registered by any
court
or board, commission, department, division, or other agency
of the
state, including, but not limited to, individuals practicing
counseling, social work,
or marriage and family therapy or
practicing in
fields related to counseling, social work,
or
marriage and family therapy;
(4) Failed to comply with section 4757.12 of the Revised
Code;
(5) Been convicted in this or any
other state of any crime
that is a felony in this state;
(6) Had the ability
to perform properly as a
professional
clinical counselor, professional counselor,
independent
marriage
and family therapist, marriage and family
therapist, social work
assistant, social worker, or independent social worker impaired
due to the
use of alcohol or other drugs or any other physical or
mental condition;
(7) Been convicted in this state or in any other state of
a
misdemeanor committed in the course of practice as a
professional
clinical counselor, professional counselor,
independent marriage
and family therapist, marriage and family
therapist, social work
assistant, social
worker, or independent social worker;
(8) Practiced outside the scope of practice applicable to
that person;
(9) Practiced without complying with the supervision
requirements
specified under sections 4757.21 and 4757.26,
and
division
(F)(E) of section
4757.30, of the Revised Code;
(10) Violated the person's code of ethical practice adopted
by
rule of the board pursuant to section 4757.11 of the
Revised
Code;
(11) Had a license or certificate of registration revoked
or
suspended, or voluntarily surrendered a license or
certificate of
registration in another state or jurisdiction for
an offense that
would be a violation of this chapter.
(B) One year or more after the date of suspension or
revocation of a license or certificate of registration under this
section, application may be made to the appropriate
professional
standards committee for reinstatement. The committee may accept
or
refuse an application for
reinstatement. If a license has been
suspended or revoked, the committee may
require an examination for
reinstatement.
Section 2. That existing sections 4757.01, 4757.04, 4757.21,
4757.26, 4757.30, and 4757.36 of the Revised Code are hereby
repealed.
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