PUBLIC LAWS
First Special Session of the 122nd

PART I

     Sec. I-1. 24-A MRSA §2744, sub-§§1 and 2, as amended by PL 2003, c. 65, §1 and affected by §5, are further amended to read:

     1. Notwithstanding any provision of a health insurance policy subject to this chapter, whenever the policy provides for payment or reimbursement for services that are within the lawful scope of practice of a psychologist licensed to practice in this State; a certified social worker licensed for the independent practice of social work in this State who has at least a masters degree in social work from an accredited educational institution, has been employed in social work for at least 2 years, and who, after January 1, 1985, must be licensed as a clinical social worker in this State; a licensed clinical professional counselor licensed for the independent practice of counseling who has at least a masters degree in counseling from an accredited educational institution, has been employed in counseling for at least 2 years and, after January 1, 2002, must be licensed as a clinical professional counselor in this State, or a licensed nurse who is certified by the American Nurses' Association as a clinical specialist in adult psychiatric and mental health nursing or as a clinical specialist in child and adolescent psychiatric and mental health nursing professional listed in subsection 2-A, any person covered by the policy is entitled to reimbursement for these services if the services are performed by a physician; a psychologist licensed to practice in this State; a certified social worker licensed for the independent practice of social work who has at least a masters degree in social work from an accredited educational institution, who has been employed in social work for at least 2 years, and who, after January 1, 1985, must be licensed as a clinical social worker in this State; a licensed clinical professional counselor licensed for the independent practice of counseling who has at least a masters degree in counseling from an accredited educational institution, has been employed in counseling for at least 2 years and, after January 1, 2002, must be licensed as a clinical professional counselor in this State; or a licensed nurse certified by the American Nurses' Association as a clinical specialist in adult or child and adolescent psychiatric and mental health nursing or a professional listed in subsection 2-A. Payment or reimbursement for services rendered by clinical social workers licensed in this State, licensed clinical professional counselors licensed in this State or licensed nurses certified by the American Nurses' Association as clinical specialists in adult or child and adolescent psychiatric and mental health nursing a professional listed in subsection 2-A, paragraph B, C or D may not be conditioned upon prior diagnosis or referral by a physician or other health care professional, except in cases where diagnosis of the condition for which the services are rendered is beyond the scope of their licensure.

     2. Nothing in subsection 1 may be construed to require a health insurance policy subject to this chapter to provide for reimbursement of services that are within the lawful scope of practice of a psychologist licensed to practice in this State, a clinical social worker licensed in this State, a clinical professional counselor licensed to practice in this State, a certified social worker licensed to practice in this State, or a certified nurse licensed to practice in this State professional listed in subsection 2-A.

     Sec. I-2. 24-A MRSA §2744, sub-§2-A is enacted to read:

     2-A. Subsections 1 and 2 apply with respect to the following types of professionals:

A. A psychologist licensed to practice in this State;
B. A certified social worker licensed for the independent practice of social work in this State who has at least a master's degree in social work from an accredited educational institution, who has been employed in social work for at least 2 years and who, after January 1, 1985, is licensed as a clinical social worker in this State;
C. A licensed clinical professional counselor licensed for the independent practice of counseling who has at least a master's degree in counseling from an accredited educational institution, who has been employed in counseling for at least 2 years and who, after January 1, 2002, is licensed as a clinical professional counselor in this State; and
D. A licensed nurse who is certified by the American Nurses' Association as a clinical specialist in adult psychiatric and mental health nursing or as a clinical specialist in child and adolescent psychiatric and mental health nursing.

     Sec. I-3. 24-A MRSA §2835, sub-§1, as amended by PL 2003, c. 517, Pt. B, §13, is further amended to read:

     1. Notwithstanding any provision of a health insurance policy or certificate issued under a group policy subject to this chapter, whenever the policy provides for payment or reimbursement for services that are within the lawful scope of practice of a psychologist licensed to practice in this State; a certified social worker licensed for the independent practice of social work in this State who has at least a masters degree in social work from an accredited educational institution, has been employed in social work for at least 2 years, and who, after January 1, 1985, must be licensed as a clinical social worker in this State; a licensed clinical professional counselor licensed for the independent practice of counseling who has at least a masters degree in counseling from an accredited educational institution, has been employed in counseling for at least 2 years and, after January 1, 2002, must be licensed as a clinical professional counselor in this State; or a licensed nurse who is certified by the American Nurses' Association as a clinical specialist in adult psychiatric and mental health nursing or as a clinical specialist in child and adolescent psychiatric and mental health nursing professional listed in subsection 2-A, any person covered by the policy is entitled to reimbursement for these services if the services are performed by a physician; a psychologist licensed to practice in this State; a certified social worker licensed for independent practice in this State who has at least a masters degree in social work from an accredited educational institution, who has been employed in social work for at least 2 years, and who, after January 1, 1985, must be licensed as a clinical social worker in this State; a licensed clinical professional counselor licensed for the independent practice of counseling who has at least a masters degree in counseling from an accredited educational institution, has been employed in counseling for at least 2 years and, after January 1, 2002, must be licensed as a clinical professional counselor in this State; or a licensed nurse certified by the American Nurses' Association as a clinical specialist in adult or child and adolescent psychiatric and mental health nursing or a professional listed in subsection 2-A. Payment or reimbursement for services rendered by clinical social workers licensed in this State, licensed clinical professional counselors licensed in this State or licensed nurses certified by the American Nurses' Association as clinical specialists in adult or child and adolescent psychiatric and mental health nursing a professional listed in subsection 2-A, paragraph B, C or D may not be conditioned upon prior diagnosis or referral by a physician or other health care professional, except in cases where diagnosis of the condition for which the services are rendered is beyond the scope of their licensure.

     Sec. I-4. 24-A MRSA §2835, sub-§2, as amended by PL 2003, c. 65, §2 and affected by §5, is further amended to read:

     2. Nothing in subsection 1 may be construed to require a health insurance policy subject to this chapter to provide for reimbursement of services that are within the lawful scope of practice of a psychologist licensed to practice in this State, a clinical social worker licensed in this State, a clinical professional counselor licensed in this State, a certified social worker licensed to practice in this State, or a nurse certified and licensed to practice in this State professional listed in subsection 2-A.

     Sec. I-5. 24-A MRSA §2835, sub-§2-A is enacted to read:

     2-A. Subsections 1 and 2 apply with respect to the following types of professionals:

A. A psychologist licensed to practice in this State;
B. A certified social worker licensed for the independent practice of social work in this State who has at least a master's degree in social work from an accredited educational institution, who has been employed in social work for at least 2 years and who, after January 1, 1985, is licensed as a clinical social worker in this State;
C. A licensed clinical professional counselor licensed for the independent practice of counseling who has at least a master's degree in counseling from an accredited educational institution, who has been employed in counseling for at least 2 years and who, after January 1, 2002, is licensed as a clinical professional counselor in this State; and
D. A licensed nurse who is certified by the American Nurses' Association as a clinical specialist in adult psychiatric and mental health nursing or as a clinical specialist in child and adolescent psychiatric and mental health nursing.

Effective September 17, 2005.

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