Chapter 402
S.P. 659 - L.D. 1842
PART EE
Sec. EE-1. 32 MRSA §13851, sub-§1-A is enacted to read:
1-A. Board.
"Board" means the Board of Counseling Professionals Licensure, established in section 13852.
Sec. EE-2. 32 MRSA §13852, as amended by PL 1999, c. 790, Pt. B, §4, is further amended to read:
1. Establishment.
The Board of Counseling Professionals Licensure within the Department of Professional and Financial Regulation department as established by Title 5, section 12004-A, subsection 9-C, shall carry out the purposes of this chapter.
2. Members.
The board consists of 9 members, 8 of them appointed by the Governor. Each member must be a citizen of the United States and a resident of this State. Six members must be licensed counseling professionals under this chapter, 2 of whom must be professional counselors, 2 must be clinical professional counselors, one must be a marriage and family therapist and one must be a pastoral counselor. Each counselor member must have been, for at least 5 years immediately preceding appointment, actively engaged as a practitioner, educator or researcher. Two members must be representatives of the general public members as defined in Title 5, section 12004-A and may not be currently practicing counseling or receiving compensation for counseling services. One of the 2 public members must be a consumer of counseling services. One member, appointed by the Chancellor of the University of Maine System, must be a member of the university faculty involved in the training of counselors.
3. Officers.
The board shall elect a chair and secretary at its first meeting of each year, provided that no person may serve as chair for more than 3 years.
4. Terms of office.
Appointments are for terms of 3 years each. Appointments of members must comply with Title 10, section 60 8009.
5. Removal.
The Governor may remove any member of the board for cause and the reason for the termination of each appointment must be communicated to each member so terminated. The appointment of any member of the board must be terminated if a member is absent for 6 consecutive board meetings without good and just cause that is communicated to the chair.
7. Meetings; chair; quorum.
The board shall hold meet at least 2 regular meetings each once a year to conduct its business and to elect a chair. Additional meetings may must be held upon as necessary to conduct the business of the board and may be convened at the call of the chair or the secretary or upon the written request of any 2 a majority of the board members. Five members of the board constitute a quorum.
Sec. EE-3. 32 MRSA §13853, as amended by PL 1995, c. 397, §114, is further amended to read:
The board shall have has the following powers and duties in addition to all other powers and duties otherwise set forth in this chapter.
1. Standards.
The board shall administer and enforce this chapter, set forth education and examination standards and evaluate the qualifications for licensure.
2. Rules.
The board may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, rules necessary to carry out the purposes of this chapter.
3. Complaints.
The board shall investigate or cause to be investigated all complaints made on its own motion or on written complaint filed with the board and all cases of noncompliance with or violation of this chapter or any rules adopted by the board.
4. Records.
The board shall keep records and minutes as are necessary to the ordinary dispatch of its functions.
5. Reports.
The board shall submit to the commissioner its annual report of its operations for the preceding fiscal year no later than August 1st of each year.
8. Register.
The department shall make available, at cost, a register that shall contain the names of all individuals licensed by the board.
10. Officers.
The board shall elect from among its members officers as it determines necessary. The secretary shall keep records and minutes of all activities and meetings.
11. Code of ethics.
The board shall adopt a code of ethics generally in keeping with standards established by the national professional associations concerned with the areas of board responsibility.
12. Hearings.
The board shall conduct hearings to assist with investigations and to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter.
13. Disclosure statements.
Under this chapter all licensees and registrants are required to provide disclosure statements to clients prior to treatments. The board may adopt, by rule, a standard disclosure statement. This disclosure statement must include, but not be limited to, the name and address of the licensee or registrant, the original date and the expiration date of the license, the proposed course of treatment and financial arrangements for clients. The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for a hearing is received by the board within 30 days of the applicant's receipt of a written notice of the denial of the application, the reasons for and the right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable.
14. Issue licenses.
The board shall issue licenses as necessary to implement this chapter.
15. Client bill of rights.
The board shall specify the information that counselors are to include in a client bill of rights that is to be provided to all clients by all counselors.
Sec. EE-4. 32 MRSA §13854, sub-§3, as amended by PL 2001, c. 421, Pt. B, §103 and affected by Pt. C, §1, is further amended to read:
3. Unlicensed practice.
A person who violates any provision of this chapter for which a penalty is not specifically provided commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged subsection 1 is subject to the provisions of Title 10, section 8003-C. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether other administrative, civil or criminal proceedings have been or may be instituted.
Sec. EE-5. 32 MRSA §13858, first ¶, as amended by PL 1999, c. 386, Pt. T, §2, is further amended to read:
To be eligible for a license to practice counseling at any level, an applicant must be at least 18 years of age and satisfactorily pass any examination as the board may prescribe by its rules. Each applicant must demonstrate trustworthiness and competence to engage in the practice of counseling in such a manner as to safeguard the interests of the public. Each applicant must submit an application and pay the fee as set under section 13859. The license categories "licensed clinical professional counselor," "licensed pastoral counselor" and "licensed marriage and family therapist" are of equivalent clinical status. Clinical status grants the ability to diagnose and treat mental health disorders.
Sec. EE-6. 32 MRSA §13859, as amended by PL 1989, c. 895, §15 and affected by PL 1991, c. 263, §§5 and 6, is repealed and the following enacted in its place:
The Director of the Office of Licensing and Registration within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. EE-7. 32 MRSA §13860, sub-§1, as enacted by PL 1989, c. 465, §3, is amended to read:
1. Biennial renewal.
Licenses shall expire biennially on December 31st or on such other date as the commissioner determines may determine. Notice of expiration shall be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. The notice shall include any requests for information necessary for renewal.Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee as set under section 13859. Any person who submits an application for renewal more than 90 days after the license renewal date shall be is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal examination is made received, together with the late fee and renewal fee, within 2 years from the date of that expiration.
Sec. EE-8. 32 MRSA §13861, as amended by PL 1993, c. 600, Pt. A, §274, is repealed.
Sec. EE-9. 32 MRSA §13861-A is enacted to read:
1. Disciplinary action.
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for: A. Habitual substance abuse or abuse of other drugs listed as controlled substances by the federal Drug Enforcement Administration that has resulted or is foreseeably likely to result in the applicant's or licensee's performing services in a manner that endangers the health or safety of patients;
B. A medical finding of mental incompetency; and
C. Having had any professional or occupational license revoked for disciplinary reasons or any application rejected for reasons relating to untrustworthiness, within 3 years of the date of application.
2. Reinstatement.
Any individual whose license or registration has been denied, suspended or revoked may apply to the board for licensure or registration reinstatement one year after the date of the board's original action. A competency review is a condition of reinstatement. The board shall determine the nature of this review.
Sec. EE-10. 32 MRSA §13864, as enacted by PL 1997, c. 128, §2, is amended to read:
Any A licensee , who does not perform any of the activities described in section 13851, subsection 8 and who wants to preserve the license while not engaged in any counseling activity , may surrender that license to the board for placement on apply for an inactive status license pursuant to Title 10, section 8003, subsection 5-A, paragraph D, subparagraph (5). The fee for inactive status licensure is set under section 13859. The board may place the license on inactive status only upon proper application by the licensee. During inactive status, the licensee must renew the license biennially and pay the renewal fee as set under section 13859, but is not required to meet the continuing education requirements under section 13860, subsection 2. The board shall adopt rules by which a license in an inactive status license may be reactivated reinstated. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II-A 2-A.