It is enacted by the General Assembly as follows:

SECTION 1. Chapter 5-63 of the General Laws entitled "Mental Health Counselors and Marriage and Family Therapists" are hereby repealed in its entirety.

5-63-1. Statement of policy. -- The state has an interest in regulating the private practice of mental health counseling and marriage and family therapy in order to protect the public health, safety, and welfare.

5-63-26. Severability. -- The provision of this chapter are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 2. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:

{ADD 5-63.2-1. Statement of policy. -- The state of Rhode Island has an interest in regulating the private practice of mental health counseling and marriage and family therapy in order to protect the public health, safety and welfare.

5-63.2-2. Definitions. -- As used in this chapter:

"The practice of clinical mental health counseling" means the rendering of professional services to individuals, families or groups for monetary compensation. These professional services would include:

(1) applying the principals, methods and theories of counseling and/or psychotherapeutic techniques to define goals and develop a treatment plan of action aimed toward the prevention, treatment and resolution of social, mental and emotional dysfunction and intra or interpersonal disorders in persons diagnosed at intake as nonpsychotic and not presenting medical problems; and

(2) engaging in psychotherapy of a nonmedical nature utilizing supervision when appropriate and making referrals to other psychiatric, psychological or medical resources when the person is diagnosed as psychotic or presenting a medical problem.

"Clinical counselor in mental health" means a person who has been licensed pursuant to section 5-63.2-9, which license is in force and not suspended or revoked as of the particular time in question.

The "practice of marriage and family therapy" means the rendering of professional services to individuals, family groups, couples or organizations for monetary compensation. These professional services would include applying principles, methods and therapeutic techniques for the purpose of resolving emotional conflicts, modifying perceptions and behavior, enhancing communications and understanding among all family members and the prevention of family and individual crisis. Individual marriage and family therapists also engage in psychotherapy of a nonmedical and nonpsychotic nature with appropriate referrals to psychiatric resources.

"Marriage and family therapists" means a person who has been licensed pursuant to section 5-63.2-10 which license is in force and not suspended or revoked as of the particular time in question.

"Advertise" means, but is not limited to, the issuing or causing to be distributed any card, sign, or device to any person; or the causing, permitting or allowing any sign or marking on or in any building, radio or television, or by advertising by any other means designed to secure public attention.

"Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, calling cards or other instruments of professional identification.

"Board" means the board of mental health counselors and marriage and family therapists.

"Recognized educational institution" means any educational institution which grants a Bachelor's, Master's, or Doctoral degree and which is recognized by the Board of Mental Health Counselors and Marriage and Family Therapy Examiners or a recognized post-graduate clinical training program as specified in section 5-63.2-9(2) and 5-63.2-10(2) of this chapter.

"Qualified supervision" means the supervision of clinical services in accordance with standards established by the Board under the supervision of an individual who has been recognized by the Board as an approved supervisor.

"Person" means any individual, firm, corporation, partnership, organization or body politic.

"Practicum" means a part of an organized graduate program in counselling therapy and shall constitute a supervised experience within the graduate counseling program.

"Internship" means a part of an organized graduate program in counseling therapy and shall constitute a supervised experience within a mental health and/or marriage and family setting.

5-63.2-3. Board of mental health counselors and marriage and family therapists. -- Within the division of professional regulation in the state department of health, there shall be a board of mental health counselors and marriage and family therapists consisting of nine (9) members.

5-63.2-4. Composition of board -- Appointment, terms and removal of members. -- The director of health with the approval of the governor shall appoint nine (9) electors as members of the board. Three (3) shall be clinical mental health counselors, at least two (2) of whom shall meet the qualifications of section 5-63-9 and have at least five (5) years of private practice experience in mental health counseling; three (3) shall be marriage and family therapists, who are clinical marriage and family therapists who shall meet the qualifications of section 5-63-10 and have at least five (5) years of private practice experience in marriage and family therapy; three (3) shall be members of the public. Commencing September 1996, the director of health shall appoint one (1) clinical mental health counselor for one (1) year, one (1) clinical mental health counselor for two (2) years, one (1) clinical mental health counselor for three (3) years; one (1) marriage and family therapist for one (1) year, one (1) marriage and family therapist for two (2) years, and one (1) marriage and family therapist for three (3) years, and one (1) public member for two (2) years, and two (2) public members for three (3) years. Thereafter all terms of appointments shall be for three (3) years. In no instance shall a person serve more than six (6) consecutive years on the board.

5-63.2-5. Organization and meeting of board. -- The board shall organize immediately after the appointment and qualification of the members thereof. The board shall elect annually a chairman and secretary. Meetings may be called by the chairman or the director of health or by written request of four (4) members of the board. Five (5) members of the board shall constitute a quorum, provided, however, that a clinical mental health counselor and a marriage and family therapist must be present. The board shall meet as often as necessary.

5-63.2-6. General powers of board. -- The board is authorized to recommend to the director of health for his/her approval the adoption, and from time to time, the revision of such rules and regulations not inconsistent with law as may be necessary to enable it to carry into effect the provisions of this chapter. The board shall recommend for licensure at least twice a year. It shall determine the tests which applicants for licensure shall take. The division of professional regulation shall adopt policies to be followed in the examination, licensure and renewal of licenses of duly qualified applicants. The board shall conduct hearings upon charges calling for the discipline of a licensed clinical mental health counselor or licensed marriage and family therapist or for revocation of a license. The administrator of professional regulation shall have the power to issue subpoenas and compel the attendance of witnesses and administer oaths to persons giving testimony at hearings. The board or the director of health shall cause the prosecution of all persons violating this act and shall have the power to incur such necessary expenses thereof. The board shall make provisions for continuing educational requirements for licensure. The board shall keep a record of all its proceedings.

5-63.2-7. Reimbursement of board members. -- Members of the board shall serve without compensation.

5-63.2-8. Register of mental health counselors and marriage and family therapists -- Records -- Issuance of licenses. -- The administrator of professional regulations of the department of health shall maintain a register of all clinical mental health counselors and marriage and family therapists licensed under this act which shall be open at all reasonable times to public inspection. The administrator shall be the custodian of all records pertaining to the licensure of clinical mental health counselors and marriage and family therapists. He/she shall issue licenses only upon the recommendation of the board.

5-63.2-9. Qualifications of licensed clinical mental health counselors. -- An applicant for licensure shall submit to the board written evidence on forms furnished by the division of professional regulation verified under oath that said applicant:

(1) is of good character; and

(2) has received a graduate degree specializing in counseling/therapy from a college or university accredited by the New England Association of schools and colleges, or an equivalent regional accrediting agency, and which has the approval by a cognizable national or regional certifying authority; and

(3) has completed sixty (60) semester hours or ninety (90) quarter hours within their graduate counseling/therapy program; and

(4) has completed a minimum of twelve (12) semester hours or eighteen (18) quarter hours of supervised practicum and a minimum of one (1) calendar year of supervised internship consisting of twenty (20) hours per week or its equivalent with emphasis in mental health counseling supervised by the department within the college or university granting the requisite degree or by an accredited postgraduate clinical training program recognized by the United States department of education, or education and/or experience which is deemed equivalent by the board, and

(5) has completed a minimum of two (2) years of relevant postgraduate experience, including at least two thousand (2,000) hours of direct client contact offering clinical or counseling or therapy services with emphasis in mental health counseling subsequent to being awarded a master's degree, certificate of advanced graduate study or doctorate; and

(6) a minimum of one hundred (100) hours of post-degree supervised case work spread over a two (2) year period, provided such supervision was provided by a person who at the time of rendering said supervision was recognized by the board as an approved supervisor; and

(7) has passed to the satisfaction of the board an examination conducted by it to determine the applicant's qualification for licensure as a clinical mental health counselor or is applying for licensure under the provisions of section 5-63-15.

A candidate shall be held to have qualified for licensure as a clinical mental health counselor upon the affirmative vote of at least four (4) members of the board, two (2) of whom must be mental health counselors on the board.

5-63.2-10. Qualifications of licensed--marriage and family therapists. -- An applicant for licensure shall submit to the board written evidence on forms furnished by the division of professional regulation verified under oath that said applicant;

(1) is of good character; and

(2) has completed a graduate degree program specializing in marital and family therapy from a college or university accredited by the New England Association of Schools and Colleges, or an equivalent regional accreditation agency; and

(3) has completed sixty (60) semester hours or ninety (90) quarter hours within their graduate degree program specializing in marital and family therapy; and

(4) has completed a minimum of twelve (12) semester hours or eighteen (18) quarter hours of supervised practicum and a one (1) calendar year of supervised internship consisting of twenty (20) hours per week or its equivalent with emphasis in marriage and family therapy supervised by the department within the college or university granting the requisite degree or by an accredited postgraduate clinical training program, approved by the commission on accreditation for marriage and family therapy education recognized by the United States department of education or education and/or experience which is deemed equivalent by the board; and

(5) has had a minimum of two (2) years of relevant postgraduate experience, including at least two thousand (2,000) hours of direct client contact offering clinical or counseling or therapy services with emphasis in marriage and family therapy subsequent to being awarded a master's degree or doctorate; and

(6) has had a minimum of one hundred (100) hours of post-degree supervised case spread over two (2) years, provided such supervision was provided by a person who at the time of rendering said supervision was recognized by the board as an approved supervisor; and

(7) has passed to the satisfaction of the board an examination conducted by it to determine the applicant's qualifications for licensure as a marriage and family therapist or is applying for licensure under the provisions of section 5-63.2-15.

A candidate shall be held to have qualified for licensure as a marriage and family therapist upon the affirmative vote of at least four (4) members of the board, two (2) of whom must be marriage and family therapists on the board.

5-63.2-11. Prohibited acts. -- Except as specifically provided elsewhere in this chapter no person who is not licensed under this chapter shall:

(a) advertise the performance of marriage and family therapy or mental health counseling services by him or her; or

(b) use a title or description such as "marital or marriage therapist, counselor, advisor or consultant," "marital or marriage and family therapist, counselor advisor, or consultant", "mental health advisor or consultant" or any other name, style, or description denoting that the person is a marriage and family therapist or mental health counselor; or

(c) practice marriage and family therapy;

(d) practice mental health counseling.

5-63.2-12. Exemptions. -- (1) No provision of this chapter shall be construed to limit the practice of medicine, osteopathy, psychology, clinical social work, psychiatric nursing, or other recognized business or profession, or to prevent qualified members of other professions from doing work of a nature consistent with their training so long as they do not hold themselves out to the public as a licensed counselor and family practice.

(2) No person shall be required to be licensed under this chapter who:

(a) is a salaried employee of a government agency or of a developmental services program or of a mental health, alcohol, or drug abuse facility operating pursuant to chapter 40.1-24 of the general laws, or who is an employee of an accredited academic institution or research institution, if such employee is performing duties for which he was hired solely within the confines of such agency, facility or institution;

(b) is a student who is pursuing a course of study which leads to a degree in medicine or a profession regulated by this chapter who is providing services in a training setting, provided such activities or services constitute part of a supervised course of study, or is a graduate accumulating the experience required for any licensure under this chapter, provided such graduate or student is designated by a title such as "intern" or "trainee" which clearly indicates the in-training status of the student;

(c) is certified in school psychology by the department of education and is performing psychological services as an employee of a public or private educational institution;

(d) is a rabbi, priest, minister, or member of the clergy of any religious denomination or sect when engaging in activities which are within the scope of the performance of his or her regular or specialized ministerial duties and for which no separate charge is made, or when such activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognized church, denomination, or sect, and when the person rendering service remains accountable to the established authority thereof.

5-63.2-13. Licensure application. -- (a) Each person desiring to obtain a license as a practicing marriage and family therapist or clinical mental health counselor shall make application thereof to the board upon such form and in such manner as the board shall prescribe and shall furnish evidence satisfactory to the board that she or he:

(1) is of good moral character;

(2) has not engaged or is not engaged in any practice or conduct which would be a ground for refusing to issue a license under section 5-63.2-21 of this chapter;

(3) is qualified for licensure pursuant to the requirements of this chapter, or is currently certified by the Rhode Island Department of Health as a Mental Health Counselor or a Marriage and Family Therapist. The transition from certification to licensure shall not require an additional fee payment.

(b) Applications before January 1, 1998. Any person who applied on or before January 1, 1998, shall be issued a license by the board if she or he meets the qualifications set forth in subsections 1, 2, and 3 of section 5-63.2-13(a) and provides evidence to the board that she or he meets educational and experience qualifications as follows:

(1) Education requirements: an appropriate graduate degree, as defined by the board, from a regionally accredited institution so recognized at the time of granting such degree.

(2) Experience requirements: at least five (5) years of clinical experience in the practice of marriage and family therapy or mental health counseling, and membership in or certification by an appropriate professional organization, as defined by the board.

(c) Application after January 1, 1998. Any person who applies to the board after January 1, 1998 shall be issued a license by the board if she or he meets the qualifications set forth in subsection 1, 2, and 3 of section 5-63.2-13(a) and provides satisfactory evidence to the board that she or he:

(A) Meets educational experience qualifications as follows:

(1) Educational requirements: a master's degree or certificate in advanced graduate studies or a doctoral degree in marriage and family therapy or mental health counseling from a recognized educational institution, or a graduate degree in an allied field from a recognized educational institution and graduate level course work which is equivalent to a master's degree in marriage and family therapy or mental health counseling, as determined by the board.

(2) Experience requirements: successful completion of two calendar years of work experience in marriage and family therapy or mental health counseling under qualified supervision following receipt of a qualifying degree.

(B) Passes an examination administered by the board.

5-63.2-14. Examination of applicants. -- Examination for licensure shall be conducted by the division as scheduled by the director of health and offered by the board at least twice a year according to methods and in each subject fields as it deems most practical and expeditious to test the applicant's qualifications. The board may require examinations to be written or oral, or both. In any written examination the identity of the applicant shall not be disclosed to the board until after the examination papers have been graded. Written examination papers shall be preserved and available to the board for at least two (2) years.

5-63.2-15. Licensure by endorsement. A license as a clinical mental health counselor or marriage and family therapist may be issued, in the discretion of the board, without examination, to an applicant who is a clinical mental health counselor where the applicant is licensed or certified in another state whose requirements are equivalent to or exceed the requirements established pursuant to this act.

5-63.2-16. Application fee. -- The applicant applying for licensure as a clinical mental health counselor or marriage and family therapist shall pay an application fee of three hundred fifty dollars ($350) and said fee shall in no case be returned. Applicants requiring reexamination shall submit a fee of three hundred fifty dollars ($350) for each reexamination.

5-63.2-17. Expiration and renewal of license. -- Every clinical mental health counselor and marriage and family therapist who desires to continue licensure as a licensed clinical mental health counselor and licensed marriage and family therapist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed clinical mental health counselor and licensed marriage and family therapist has completed a prescribed course of continuing education. The license of every person licensed under the provisions of this act shall expire on the first day of July of the next even year following the date of his/her license; provided, however, that no license shall expire prior to July 1, 1998. On or before the first day of May in each even year, commencing in the year 1998, the administrator shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the current year, and every person so licensed who desires to renew his or her license shall file with the division such renewal application duly executed, which application shall include verification of prescribed continuing education requirements, together with two hundred dollars ($200) on or before the first day of June in each even year. Upon receipt of such application and payment of said fee, the accuracy of the application shall be verified and the administrator of professional regulation shall grant a renewal license effective July 1st and expiring twenty-four (24) months thereafter.

Any person who allows his or her license to lapse, by failing to renew it on or before June 1st in each year, as provided above, may be reinstated by the administrator of professional regulation on payment of the current renewal fee plus an additional fee of fifty dollars ($50.00); and verification of prescribed continuing education requirements. Any person using the title "Clinical mental health counselor" and/or "Marriage and family therapist" during the time his or her license has lapsed shall be subject to the penalties provided for violation of this act. Provided, however, that if a person has allowed his or her licensure to lapse for four (4) years or more, he or she shall be reinstated at the discretion of the board.

5-63.2-18. Privileged communications. -- The provisions of section 9-17-24 of the general laws shall apply to persons licensed pursuant to this chapter.

5-63.2-19. Transfer to inactive lists -- Reinstatement. -- A licensed clinical mental health counselor and/or licensed marriage and family therapist who does not intend to continue his or her licensure, upon written request to the administrator of professional regulation, may have his or her name transferred to an inactive list, and shall not be required to pay the renewal fee as long as he or she remains inactive. Should he or she wish to resume functioning as a licensed clinical mental health counselor and/or licensed marriage and family therapist, he or she shall so notify the administrator of professional regulation and remit his or her renewal fee and his or her license shall be reinstated.

5-63.2-20. Disposition of fees and fines. -- From the proceeds of any fees collected pursuant to this chapter, there is hereby created a restricted receipt account which shall be used for the general purposes of the division of professional regulation with the department of health.

5-63.2-21. Grounds for discipline. -- The board shall have the power to deny, revoke or suspend any registration issued by the administrator of professional regulation or applied for in accordance with this chapter or otherwise to discipline a licensed clinical mental health counselor and/or a licensed marriage and family therapist upon proof that the person (1) is guilty of fraud or deceit in procuring or attempting to procure a registration; (2) is guilty of a felony or of a crime of immorality; (3) is habitually intemperate or is addicted to the use of habit-forming drugs; (4) is mentally incompetent; (5) has willfully or repeatedly violated any of the provisions of this act; (6) is habitually negligent in the performance of his or her duties; (7) has willfully or repeatedly violated any of the ethical principles governing mental health counselors and marriage and family therapists and the practice of mental health counseling and marriage and family therapy, as adopted by the board, and in force at the time a charge is made and determined by the board, regardless of whether or not the person is a member of any national, regional or state professional association; provided however, that such ethical principles shall be of a nationally-recognized standard of the respective national professional organization.

5-63.2-22. Procedure for discipline. -- When a sworn complaint is filed with the board charging a person with having been guilty of any of the actions specified in section 5-63-20, the division of professional regulation shall immediately investigate such charges, or, the board, after investigation, may institute charges. In the event such investigation shall reveal reasonable grounds for believing that the applicant or person licensed under this chapter is guilty of the charges, the board shall fix a time and place for hearing thereof, and shall cause a copy of the charges together with a notice of the time and the place fixed for hearing to be served personally upon the accused at least twenty (20) days prior to the time fixed for the hearing. When personal service cannot be effected and such fact is certified by oath by any person duly authorized to make service, the board shall cause to be published once in each of two (2) successive weeks, a notice of the hearing in a newspaper published in the county where the accused last resided according to the records of the board and shall mail a copy of the charges and of such notice to the accused at his or her last known address. When publication of notice is necessary, the date of hearing shall not be less than twenty (20) days after the last date of publication of the notice. At the hearing the accused shall have the right to appear personally or by counsel or both, to produce witnesses and evidence on his or her behalf, to cross-examine witnesses and to have subpoenas issued by the administrator of professional regulation. The attendance of witness and the production of books, documents and papers at the hearing may be compelled by subpoenas issued by said administrator which shall be served in accordance with law. At the hearing the said administrator shall administer oaths as may be necessary for the proper conduct of the hearing. The board shall not be bound by the strict rules of procedure or by the laws of evidence in the conduct of its proceedings but the determination shall be based upon sufficient legal evidence to sustain it. If the accused is found guilty of the charges, the board may refuse to issue a registration to the applicant or may revoke or suspend his or her license or otherwise discipline such person. Upon the revocation or suspension of any license the holder thereof shall surrender the same to the administrator of professional regulation who shall strike the name of the holder from the register of licensed clinical mental health counselors and/or licensed marriage and family therapists. A revocation or suspension of license may be reviewed at the discretion of the board or at the initiative of the administrator of professional regulation who may order a rehearing of the issue if he finds cause.

5-63.2-23. Penalties for violations. -- It shall be a misdemeanor for any person, in offering his or her services to the public to:

(a) use in connection with his or her name any designation tending to imply that he or she is a licensed clinical mental health counselor and/or licensed marriage and family therapist unless duly licensed under the provisions of this chapter;

(b) use in connection with his or her name any designation tending to imply that he or she is a licensed clinical mental health counselor and/or licensed marriage and family therapist during the time his or her license issued under the provisions of this chapter shall be suspended or revoked;

(c) otherwise violate any of the provisions of this chapter.

All such misdemeanors shall be punishable by a fine of not more than five hundred dollars ($500) for each offense.

5-63.2-24. Injunction of violations. -- When it appears to the board that any person is violating any of the provisions of this chapter, the director of health may cause to be instituted an action, commenced in the name of the board, to enjoin such violation in a court of competent jurisdiction and said court may enjoin any person from violating any of the provisions of this act without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.

5-63.2-25. Enforcement. -- The director of health shall enforce the provisions of this chapter. He or his duly authorized agents and/or the board shall be exempt from providing surety for costs in connection with the commencement of any legal proceedings under this chapter.

5-63.2-26. Appeals from director and board. -- Any person aggrieved by a decision or ruling of the director of health or the board may appeal therefrom to the superior court in the manner provided in chapter 35 of title 42.

SECTION 3. Severability of provisions. -- The provisions of this chapter are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 4. This act shall take effect upon passage.

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