Bill Text: CT SB00133 | 2016 | General Assembly | Comm Sub
Bill Title: An Act Concerning Licensing For Professional Counselors.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-04-13 - Referred by Senate to Committee on Appropriations [SB00133 Detail]
Download: Connecticut-2016-SB00133-Comm_Sub.html
General Assembly |
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February Session, 2016 |
*_____SB00133PH____032216____* |
AN ACT CONCERNING LICENSING FOR PROFESSIONAL COUNSELORS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 20-195aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
As used in sections 20-195aa to 20-195ee, inclusive, as amended by this act:
(1) "Licensed clinical professional counselor" or "clinical professional counselor" means a person who has been licensed as a clinical professional counselor pursuant to this chapter;
(2) "Commissioner" means the Commissioner of Public Health;
(3) "Department" means the Department of Public Health;
(4) "Professional counseling" means the application, by persons trained in counseling, of established principles of psycho-social development and behavioral science to the evaluation, assessment, analysis, diagnosis and treatment of emotional, behavioral or interpersonal dysfunction or difficulties that interfere with mental health and human development. "Professional counseling" includes, but is not limited to, individual, group, marriage and family counseling, functional assessments for persons adjusting to a disability, appraisal, crisis intervention and consultation with individuals or groups; [.]
(5) "Licensed master professional counselor" or "master professional counselor" means a person who has been licensed as a licensed master professional counselor pursuant to this chapter and practices professional counseling only under professional supervision;
(6) "Under professional supervision" means the practice of professional counseling under the supervision of a licensed clinical professional counselor, a physician licensed pursuant to chapter 370, who is certified in psychiatry by the American Board of Psychiatry and Neurology, an advanced practice registered nurse licensed pursuant to chapter 378, who is certified as an adult psychiatric and mental health clinical nurse specialist by the American Nurses Credentialing Center, a psychologist licensed pursuant to chapter 383, a marital and family therapist licensed pursuant to chapter 383a or a licensed clinical social worker licensed pursuant to chapter 383b; and
(7) "Professional supervision" means face-to-face consultation between one supervisor, who is a person described in subdivision (6) of this section, and one person receiving supervision that consists of not less than a monthly review with a written evaluation and assessment by the supervisor of such person's practice of professional counseling.
Sec. 2. Section 20-195bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Except as provided in subsection (c) of this section, no person may practice professional counseling unless licensed pursuant to section 20-195cc, as amended by this act.
(b) No person may use the title "licensed professional counselor", "licensed clinical professional counselor", "clinical professional counselor", "licensed master professional counselor", or a "master professional counselor" or make use of any title, words, letters or abbreviations that may reasonably be confused with licensure as a clinical professional counselor or a master professional counselor unless licensed pursuant to section 20-195cc, as amended by this act.
(c) No license as a clinical professional counselor or a master professional counselor shall be required of the following: (1) A person who furnishes uncompensated assistance in an emergency; (2) a clergyman, priest, minister, rabbi or practitioner of any religious denomination accredited by the religious body to which the person belongs and settled in the work of the ministry, provided the activities that would otherwise require a license as a clinical professional counselor or a master professional counselor are within the scope of ministerial duties; (3) a sexual assault counselor, as defined in section 52-146k; (4) a person participating in uncompensated group or individual counseling; (5) a person with a master's degree in a health-related or human services-related field employed by a hospital, as defined in subsection (b) of section 19a-490, performing services in accordance with section 20-195aa, as amended by this act, under the supervision of a person licensed by the state in one of the professions identified in [subparagraphs (A) to (F), inclusive, of subdivision (2) of subsection (a) of section 20-195dd] subdivision (6) of section 20-195aa, as amended by this act; (6) a person licensed or certified by any agency of this state and performing services within the scope of practice for which he or she is licensed or certified; (7) a student, intern or trainee pursuing a course of study in counseling in a regionally accredited institution of higher education, provided the activities that would otherwise require a license as a clinical professional counselor or a master professional counselor are performed under supervision and constitute a part of a supervised course of study; (8) a person employed by an institution of higher education to provide academic counseling in conjunction with the institution's programs and services; or (9) a vocational rehabilitation counselor, job counselor, credit counselor, consumer counselor or any other counselor or psychoanalyst who does not purport to be a [counselor] clinical professional counselor or a master professional counselor whose primary service is the application of established principles of psycho-social development and behavioral science to the evaluation, assessment, analysis and treatment of emotional, behavioral or interpersonal dysfunction or difficulties that interfere with mental health and human development.
Sec. 3. Section 20-195cc of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) The Commissioner of Public Health shall grant a license as a clinical professional counselor or a master professional counselor to any applicant who furnishes evidence satisfactory to the commissioner that such applicant has met the requirements of section 20-195dd, as amended by this act. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifteen dollars.
(b) Licenses issued under this section may be renewed annually pursuant to section 19a-88, provided a license as a master professional counselor shall not be renewed more than two times. The fee for such renewal shall be one hundred ninety-five dollars. Each licensed clinical professional counselor and licensed master professional counselor applying for license renewal shall furnish evidence satisfactory to the commissioner of having participated in continuing education programs. The commissioner shall adopt regulations, in accordance with chapter 54, to (1) define basic requirements for continuing education programs [, which] that shall include (A) not less than one contact hour of training or education each registration period on the topic of cultural competency, [and,] (B) on and after January 1, 2016, not less than two contact hours of training or education during the first renewal period in which continuing education is required and not less than once every six years thereafter on the topic of mental health conditions common to veterans and family members of veterans, including [(A)] (i) determining whether a patient is a veteran or family member of a veteran, [(B)] (ii) screening for conditions such as post-traumatic stress disorder, risk of suicide, depression and grief, and [(C)] (iii) suicide prevention training, and (C) on and after January 1, 2017, not less than three contact hours of training or education each registration period on the topic of professional ethics, (2) delineate qualifying programs, (3) establish a system of control and reporting, and (4) provide for a waiver of the continuing education requirement for good cause.
Sec. 4. Section 20-195dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) (1) Except as otherwise provided in [subsections (b) and (c) of] this section, an applicant for a license as a clinical professional counselor shall submit evidence satisfactory to the [Commissioner of Public Health] commissioner of having: [(1)] (A) Completed sixty graduate semester hours in or related to the discipline of counseling at a regionally accredited institution of higher education, [which] that included coursework in each of the following areas: [(A)] (i) Human growth and development, [(B)] (ii) social and cultural foundations, [(C)] (iii) counseling theories and techniques or helping relationships, [(D)] (iv) group dynamics, [(E)] (v) processing and counseling, [(F)] (vi) career and lifestyle development, [(G)] (vii) appraisals or tests and measurements for individuals and groups, [(H)] (viii) research and evaluation, and [(I)] (ix) professional orientation to counseling; [(2)] (B) earned, from a regionally accredited institution of higher education a master's or doctoral degree in social work, marriage and family therapy, counseling, psychology or a related mental health field; [(3)] (C) acquired three thousand hours of postgraduate-degree-supervised experience in the practice of professional counseling, performed over a period of not less than one year, that included a minimum of one hundred hours of direct supervision by [(A)] (i) a physician licensed pursuant to chapter 370 who has obtained certification in psychiatry from the American Board of Psychiatry and Neurology, [(B)] (ii) a psychologist licensed pursuant to chapter 383, [(C)] (iii) an advanced practice registered nurse licensed pursuant to chapter 378 and certified as a clinical specialist in adult psychiatric and mental health nursing with the American Nurses Credentialing Center, [(D)] (iv) a marital and family therapist licensed pursuant to chapter 383a, [(E)] (v) a clinical social worker licensed pursuant to chapter 383b, [(F)] (vi) a professional counselor licensed, or prior to October 1, 1998, eligible for licensure, pursuant to section 20-195cc, as amended by this act, or [(G)] (vii) a physician certified in psychiatry by the American Board of Psychiatry and Neurology, psychologist, advanced practice registered nurse certified as a clinical specialist in adult psychiatric and mental health nursing with the American Nurses Credentialing Center, marital and family therapist, clinical social worker or professional counselor licensed or certified as such or as a person entitled to perform similar services, under a different designation, in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to or higher than those of this state; and [(4)] (D) passed an examination prescribed by the commissioner.
(2) Except as otherwise provided in this section, an applicant for a license as a clinical professional counselor on and after October 1, 2017, shall submit evidence satisfactory to the commissioner of having: (A) (i) Completed a graduate degree or sixth-year certificate in counseling that included (I) not less than one hundred hours in a counseling practicum consisting of not less than forty hours of direct client contact, and (II) not less than six hundred hours in a clinical mental health counseling internship consisting of not less than two hundred forty hours of direct client contact, and (ii) earned at least sixty graduate semester hours of coursework in counseling offered (I) as part of a program accredited by the Council for the Accreditation of Counseling and Related Educational Programs or the Council on Rehabilitation Education, or (II) by a regionally accredited institution of higher education that provides counseling coursework that is determined by the commissioner to be equivalent to coursework offered as part of a program accredited by said councils; (B) acquired three thousand hours of postgraduate-degree supervised experience in the practice of professional counseling, performed over a period of not less than two years, that included a minimum of one hundred hours in the practice of professional counseling under professional supervision; and (C) passed an examination prescribed by the commissioner.
(b) Except as otherwise provided in this section, an applicant for licensure as a master professional counselor on and after October 1, 2017, shall submit evidence satisfactory to the commissioner of having: (1) Completed a graduate degree or sixth-year certificate in counseling that included (A) not less than one hundred hours in a counseling practicum consisting of not less than forty hours of direct client contact, and (B) not less than six hundred hours in a clinical mental health counseling internship consisting of not less than two hundred forty hours of direct client contact, and (2) earned at least sixty graduate semester hours of coursework in counseling offered (A) as part of a program accredited by the Council for the Accreditation of Counseling and Related Educational Programs or the Council on Rehabilitation Education, or (B) by a regionally accredited institution of higher education that provides counseling coursework that is determined by the commissioner to be equivalent to coursework offered as part of a program accredited by said councils.
[(b)] (c) An applicant for licensure as a clinical professional counselor or a master professional counselor by endorsement shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a professional counselor, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to or higher than those of this state and that there are no disciplinary actions or unresolved complaints pending.
[(c)] (d) An applicant who is currently licensed or certified as a clinical professional counselor or a master professional counselor or [its] the equivalent in another state, territory or commonwealth of the United States may substitute three years of licensed or certified work experience in the practice of professional counseling in lieu of the requirements of [subdivision (3) of subsection (a) of this section] subparagraph (C) of subdivision (1) of subsection (a) of this section or subparagraph (B) of subdivision (2) of subsection (a) of this section, as applicable, provided the commissioner finds that such experience is equal to or greater than the requirements of this state.
Sec. 5. Section 20-195ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 against a licensed clinical professional counselor or a licensed master professional counselor for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice professional counseling; (4) fraud or deceit in the practice of professional counseling; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; (8) wilful falsification of entries in any hospital, patient or other record pertaining to professional counseling; or (9) violation of any provision of sections 20-195aa to 20-195dd, inclusive, as amended by this act, or any regulation adopted pursuant to section 20-195ff. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to said section 19a-17. The commissioner shall give notice and an opportunity to be heard on any contemplated action under said section 19a-17.
Sec. 6. Subdivision (20) of section 4e-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(20) "Professional services" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, including, but not limited to, the professional services of architects, professional engineers, or jointly by architects and professional engineers, landscape architects, certified public accountants and public accountants, land surveyors, attorneys-at-law, psychologists, licensed marital and family therapists, licensed clinical professional counselors, licensed master professional counselors and licensed clinical social workers as well as such other professional services described in section 33-182a, as amended by this act;
Sec. 7. Section 5-206a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
The Commissioner of Administrative Services shall establish a job classification series for marital and family therapists licensed under chapter 383a and clinical professional counselors and master professional counselors licensed under chapter 383c.
Sec. 8. Subdivision (7) of section 17a-22ee of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(7) "Therapist" means any (A) physician licensed pursuant to chapter 370 who specializes in psychiatry, (B) psychologist [or professional counselor] licensed pursuant to chapter 383, (C) marital and family therapist licensed pursuant to chapter 383a, [or] (D) clinical social worker or master social worker licensed pursuant to chapter 383b, or (E) clinical professional counselor or master professional counselor licensed pursuant to chapter 383c; and
Sec. 9. Subsection (f) of section 17a-78 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(f) Any clinical social worker licensed under chapter 383b, advanced practice registered nurse licensed under chapter 378 or clinical professional counselor licensed under chapter 383c who has (1) received a minimum of eight hours of specialized training in the conduct of direct evaluations as a member of any emergency mobile psychiatric services team under contract with the Department of Children and Families, and (2) reasonable cause to believe, based on a direct evaluation of a child, that such child (A) has psychiatric disabilities, (B) is dangerous to himself or others or gravely disabled, and (C) is in need of immediate care and treatment may issue an emergency certificate that requires the hospitalization of such child for a psychiatric and medical evaluation. Such child shall be evaluated not later than twenty-four hours after the issuance of the emergency certificate and shall not be held for more than seventy-two hours pursuant to such certificate unless committed pursuant to section 17a-77. The Commissioner of Children and Families shall collect and maintain statistical and demographic information pertaining to emergency certificates issued under this subsection.
Sec. 10. Subsection (b) of section 17a-101 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(b) The following persons shall be mandated reporters: (1) Any physician or surgeon licensed under the provisions of chapter 370, (2) any resident physician or intern in any hospital in this state, whether or not so licensed, (3) any registered nurse, (4) any licensed practical nurse, (5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) any psychologist, (9) any school employee, as defined in section 53a-65, (10) social worker, (11) any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics and is eighteen years of age or older, (12) any individual who is employed as a coach or director of youth athletics and is eighteen years of age or older, (13) any individual who is employed as a coach or director of a private youth sports organization, league or team and is eighteen years of age or older, (14) any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by a public or private institution of higher education who is eighteen years of age or older, excluding student employees, (15) any police officer, (16) any juvenile or adult probation officer, (17) any juvenile or adult parole officer, (18) any member of the clergy, (19) any pharmacist, (20) any physical therapist, (21) any optometrist, (22) any chiropractor, (23) any podiatrist, (24) any mental health professional, (25) any physician assistant, (26) any person who is a licensed or certified emergency medical services provider, (27) any person who is a licensed or certified alcohol and drug counselor, (28) any person who is a licensed marital and family therapist, (29) any person who is a sexual assault counselor or a domestic violence counselor, as defined in section 52-146k, (30) any person who is a licensed clinical professional counselor or a licensed master professional counselor, (31) any person who is a licensed foster parent, (32) any person paid to care for a child in any public or private facility, child care center, group child care home or family child care home licensed by the state, (33) any employee of the Department of Children and Families, (34) any employee of the Department of Public Health, (35) any employee of the Office of Early Childhood who is responsible for the licensing of child care centers, group child care homes, family child care homes or youth camps, (36) any paid youth camp director or assistant director, (37) the Child Advocate and any employee of the Office of the Child Advocate, and (38) any family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department.
Sec. 11. Subsection (c) of section 17b-28e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(c) Not later than October 1, 2014, the Commissioner of Social Services shall amend the Medicaid state plan to include services provided by the following licensed behavioral health clinicians in independent practice to Medicaid recipients who are twenty-one years of age or older: (1) Psychologists licensed under chapter 383, (2) clinical social workers licensed under subsection (c) or (e) of section 20-195n, (3) alcohol and drug counselors licensed under section 20-74s, (4) clinical professional counselors or master professional counselors licensed under sections 20-195cc and 20-195dd, as amended by this act, and (5) marital and family therapists licensed under section 20-195c. The commissioner shall include such services as optional services covered under the Medicaid program and provide direct Medicaid reimbursements to such licensed behavioral health clinicians who are enrolled as Medicaid providers and who treat such Medicaid recipients in independent practice settings. The commissioner may implement policies and procedures necessary to implement this subsection in advance of regulations, provided the commissioner prints notice of intent to adopt the regulations in accordance with section 17b-10 not later than twenty days after the date of implementation of such policies and procedures. Such policies and procedures shall be valid until the time final regulations are adopted.
Sec. 12. Subsection (c) of section 19a-14 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:
(1) Speech and language pathologist and audiologist;
(2) Hearing instrument specialist;
(3) Nursing home administrator;
(4) Sanitarian;
(5) Subsurface sewage system installer or cleaner;
(6) Marital and family therapist;
(7) Nurse-midwife;
(8) Licensed clinical social worker;
(9) Respiratory care practitioner;
(10) Asbestos contractor and asbestos consultant;
(11) Massage therapist;
(12) Registered nurse's aide;
(13) Radiographer;
(14) Dental hygienist;
(15) Dietitian-Nutritionist;
(16) Asbestos abatement worker;
(17) Asbestos abatement site supervisor;
(18) Licensed or certified alcohol and drug counselor;
(19) [Professional] Licensed clinical professional counselor or licensed master professional counselor;
(20) Acupuncturist;
(21) Occupational therapist and occupational therapist assistant;
(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer;
(23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor;
(24) Paramedic;
(25) Athletic trainer;
(26) Perfusionist;
(27) Master social worker subject to the provisions of section 20-195v;
(28) Radiologist assistant, subject to the provisions of section 20-74tt;
(29) Homeopathic physician;
(30) Certified water treatment plant operator, certified distribution system operator, certified small water system operator, certified backflow prevention device tester and certified cross connection survey inspector, including certified limited operators, certified conditional operators and certified operators in training;
(31) Tattoo technician; and
(32) Genetic counselor.
The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.
Sec. 13. Subdivision (11) of subsection (a) of section 19a-906 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(11) "Telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, clinical professional counselor or master professional counselor licensed under chapter 383c or dietitian-nutritionist certified under chapter 384b, who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
Sec. 14. Subdivision (7) of section 20-195m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(7) "Under professional supervision" means the practice of clinical social work under the supervision of a physician licensed pursuant to chapter 370, an advanced practice registered nurse licensed pursuant to chapter 378, a psychologist licensed pursuant to chapter 383, a marital and family therapist licensed pursuant to chapter 383a, a clinical social worker licensed pursuant to this chapter or a clinical professional counselor licensed pursuant to chapter 383c; and
Sec. 15. Subsection (a) of section 20-195s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) An individual licensed as a master social worker pursuant to section 20-195n may: (1) Practice clinical social work under professional supervision; and (2) offer a mental health diagnosis provided such diagnosis is offered in consultation with a physician licensed pursuant to chapter 370, an advanced practice registered nurse licensed pursuant to chapter 378, a psychologist licensed pursuant to chapter 383, a marital and family therapist licensed pursuant to chapter 383a, a clinical professional counselor licensed pursuant to chapter 383c or a clinical social worker licensed pursuant to this chapter. Except as provided in subsection (c) of section 20-195q, a licensed master social worker may not engage in independent practice.
Sec. 16. Subdivision (1) of section 33-182a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(1) "Professional service" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services rendered by dentists, naturopaths, chiropractors, physicians and surgeons, physician assistants, doctors of dentistry, physical therapists, occupational therapists, podiatrists, optometrists, nurses, nurse-midwives, veterinarians, pharmacists, architects, professional engineers, or jointly by architects and professional engineers, landscape architects, real estate brokers, insurance producers, certified public accountants and public accountants, land surveyors, psychologists, attorneys-at-law, licensed marital and family therapists, licensed clinical professional counselors, licensed master professional counselors and licensed clinical social workers.
Sec. 17. Subdivision (25) of section 34-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(25) "Professional service" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services rendered by dentists, naturopaths, chiropractors, physicians and surgeons, doctors of dentistry, physical therapists, occupational therapists, podiatrists, optometrists, nurses, nurse-midwives, veterinarians, pharmacists, architects, professional engineers, or jointly by architects and professional engineers, landscape architects, real estate brokers, insurance producers, certified public accountants and public accountants, land surveyors, psychologists, attorneys-at-law, licensed marital and family therapists, licensed clinical professional counselors, licensed master professional counselors, licensed or certified alcohol and drug counselors and licensed clinical social workers.
Sec. 18. Subsections (e) to (g), inclusive, of section 38a-488a of the 2016 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(e) In the case of benefits payable for the services of a licensed physician or psychologist, such benefits shall be payable for the same services when such services are rendered by:
(1) A clinical social worker who is licensed under the provisions of chapter 383b and who has passed the clinical examination of the American Association of State Social Work Boards and has completed at least two thousand hours of post-master's social work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490;
(2) A social worker who was certified as an independent social worker under the provisions of chapter 383b prior to October 1, 1990;
(3) A licensed marital and family therapist who has completed at least two thousand hours of post-master's marriage and family therapy work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490;
(4) A marital and family therapist who was certified under the provisions of chapter 383a prior to October 1, 1992;
(5) A licensed alcohol and drug counselor, as defined in section 20-74s, or a certified alcohol and drug counselor, as defined in section 20-74s;
(6) A [licensed] clinical professional counselor or a master professional counselor licensed under the provisions of chapter 383c; or
(7) An advanced practice registered nurse licensed under chapter 378.
(f) (1) In the case of benefits payable for the services of a licensed physician, such benefits shall be payable for (A) services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of a psychiatrist, physician, licensed marital and family therapist, or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; (B) services rendered in a residential treatment facility by a licensed or certified alcohol and drug counselor who is eligible for reimbursement under subdivision (5) of subsection (e) of this section; or (C) services rendered in a residential treatment facility by a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivision (6) of subsection (e) of this section.
(2) In the case of benefits payable for the services of a licensed psychologist under subsection (e) of this section, such benefits shall be payable for (A) services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of such licensed psychologist, licensed marital and family therapist, or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; (B) services rendered in a residential treatment facility by a licensed or certified alcohol and drug counselor who is eligible for reimbursement under subdivision (5) of subsection (e) of this section; or (C) services rendered in a residential treatment facility by a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivision (6) of subsection (e) of this section.
(g) In the case of benefits payable for the service of a licensed physician practicing as a psychiatrist or a licensed psychologist, under subsection (e) of this section, such benefits shall be payable for outpatient services rendered (1) in a nonprofit community mental health center, as defined by the Department of Mental Health and Addiction Services, in a nonprofit licensed adult psychiatric clinic operated by an accredited hospital or in a residential treatment facility; (2) under the supervision of a licensed physician practicing as a psychiatrist, a licensed psychologist, a licensed marital and family therapist, a licensed clinical social worker, a licensed or certified alcohol and drug counselor, or a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivisions (1) to (6), inclusive, of subsection (e) of this section; and (3) within the scope of the license issued to the center or clinic by the Department of Public Health or to the residential treatment facility by the Department of Children and Families.
Sec. 19. Subsections (e) to (g), inclusive, of section 38a-514 of the 2016 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(e) In the case of benefits payable for the services of a licensed physician or psychologist, such benefits shall be payable for the same services when such services are rendered by:
(1) A clinical social worker who is licensed under the provisions of chapter 383b and who has passed the clinical examination of the American Association of State Social Work Boards and has completed at least two thousand hours of post-master's social work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490;
(2) A social worker who was certified as an independent social worker under the provisions of chapter 383b prior to October 1, 1990;
(3) A licensed marital and family therapist who has completed at least two thousand hours of post-master's marriage and family therapy work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490;
(4) A marital and family therapist who was certified under the provisions of chapter 383a prior to October 1, 1992;
(5) A licensed alcohol and drug counselor, as defined in section 20-74s, or a certified alcohol and drug counselor, as defined in section 20-74s;
(6) A licensed clinical professional counselor or a licensed master professional counselor; or
(7) An advanced practice registered nurse licensed under chapter 378.
(f) (1) In the case of benefits payable for the services of a licensed physician, such benefits shall be payable for (A) services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of a psychiatrist, physician, licensed marital and family therapist or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; (B) services rendered in a residential treatment facility by a licensed or certified alcohol and drug counselor who is eligible for reimbursement under subdivision (5) of subsection (e) of this section; or (C) services rendered in a residential treatment facility by a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivision (6) of subsection (e) of this section.
(2) In the case of benefits payable for the services of a licensed psychologist under subsection (e) of this section, such benefits shall be payable for (A) services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of such licensed psychologist, licensed marital and family therapist or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; (B) services rendered in a residential treatment facility by a licensed or certified alcohol and drug counselor who is eligible for reimbursement under subdivision (5) of subsection (e) of this section; or (C) services rendered in a residential treatment facility by a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivision (6) of subsection (e) of this section.
(g) In the case of benefits payable for the service of a licensed physician practicing as a psychiatrist or a licensed psychologist, under subsection (e) of this section, such benefits shall be payable for outpatient services rendered (1) in a nonprofit community mental health center, as defined by the Department of Mental Health and Addiction Services, in a nonprofit licensed adult psychiatric clinic operated by an accredited hospital or in a residential treatment facility; (2) under the supervision of a licensed physician practicing as a psychiatrist, a licensed psychologist, a licensed marital and family therapist, a licensed clinical social worker, a licensed or certified alcohol and drug counselor, or a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivisions (1) to (6), inclusive, of subsection (e) of this section; and (3) within the scope of the license issued to the center or clinic by the Department of Public Health or to the residential treatment facility by the Department of Children and Families.
Sec. 20. Subsection (a) of section 46a-11b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, any person paid for caring for persons in any facility and any licensed practical nurse, medical examiner, dental hygienist, dentist, occupational therapist, optometrist, chiropractor, psychologist, podiatrist, social worker, school teacher, school principal, school guidance counselor, school paraprofessional, mental health professional, physician assistant, licensed or certified substance abuse counselor, licensed marital and family therapist, speech and language pathologist, clergyman, police officer, pharmacist, physical therapist, licensed clinical professional counselor or licensed master professional counselor or sexual assault counselor or domestic violence counselor, as defined in section 52-146k, who has reasonable cause to suspect or believe that any person with intellectual disability or any individual who receives services from the Department of Developmental Services' Division of Autism Spectrum Disorder Services has been abused or neglected shall, as soon as practicable but not later than seventy-two hours after such person has reasonable cause to suspect or believe that a person with intellectual disability or any individual who receives services from the Department of Developmental Services' Division of Autism Spectrum Disorder Services has been abused or neglected, report such information or cause a report to be made in any reasonable manner to the director or persons the director designates to receive such reports. Such initial report shall be followed up by a written report not later than five calendar days after the initial report was made. Any person required to report under this subsection who fails to make such report shall be fined not more than five hundred dollars.
Sec. 21. Section 52-146s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) As used in this section:
(1) "Person" means an individual who consults a licensed clinical professional counselor or a licensed master professional counselor for purposes of diagnosis or treatment;
(2) ["Professional counselor"] "Licensed clinical professional counselor" means an individual licensed as a clinical professional counselor pursuant to chapter 383c;
(3) "Communications" means all oral and written communications and records thereof relating to the diagnosis and treatment of a person between such person and a licensed clinical professional counselor or a licensed master professional counselor or between a member of such person's family and a licensed clinical professional counselor or a licensed master professional counselor;
(4) "Consent" means consent given in writing by the person or such person's authorized representative;
(5) "Authorized representative" means (A) an individual empowered by a person to assert the confidentiality of communications which are privileged under this section, or (B) if a person is deceased, the personal representative or next of kin of such person, or (C) if a person is incompetent to assert or waive such person's privileges hereunder, (i) a guardian or conservator who has been or is appointed to act for the person, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the person's nearest relative;
(6) "Licensed master professional counselor" means an individual licensed as a master professional counselor pursuant to chapter 383c.
(b) Except as provided in subsection (c) of this section, a licensed clinical professional counselor or a licensed master professional counselor shall not disclose any such communications unless the person or the authorized representative of such person consents to waive the privilege and allow such disclosure. The person or the authorized representative of such person may withdraw any consent given under the provisions of this section at any time in writing addressed to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications disclosed prior to notice of the withdrawal.
(c) Consent of the person shall not be required for the disclosure of such person's communications:
(1) If a judge finds that a person, after having been informed that the communications would not be privileged, has made the communications to a licensed clinical professional counselor or a licensed master professional counselor in the course of a mental health assessment ordered by the court, provided the communications shall be admissible only on issues involving the person's mental health condition;
(2) If, in a civil proceeding, a person introduces such person's mental health condition as an element of the claim or defense of such person or, after a person's death, the condition of such person is introduced by a party claiming or defending through or as a beneficiary of the person, and the judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between the person and the licensed clinical professional counselor or the licensed master professional counselor be protected;
(3) Where mandated by any other provision of the general statutes;
(4) Where the licensed clinical professional counselor or the licensed master professional counselor believes in good faith that the failure to disclose such communication presents a clear and present danger to the health or safety of any individual;
(5) If the licensed clinical professional counselor or the licensed master professional counselor believes in good faith that there is risk of imminent personal injury to the person or to other individuals or risk of imminent injury to the property of other individuals;
(6) If child abuse, abuse of an elderly individual or abuse of an individual who is disabled or incompetent is known or in good faith suspected; or
(7) Where a licensed clinical professional counselor or a licensed master professional counselor makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided notification that such disclosure will be made is sent, in writing, to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact receiving professional counseling, (B) the dates of such services, and (C) a general description of the types of services.
Sec. 22. Subsection (d) of section 54-209 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(d) In instances where a violation of section 53-21, 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner may order compensation be paid if (1) the personal injury has been disclosed to: (A) A physician or surgeon licensed under chapter 370; (B) a resident physician or intern in any hospital in this state, whether or not licensed; (C) a physician assistant licensed under chapter 370; (D) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378; (E) a psychologist licensed under chapter 383; (F) a police officer; (G) a mental health professional; (H) an emergency medical services provider licensed or certified under chapter 368d; (I) an alcohol and drug counselor licensed or certified under chapter 376b; (J) a marital and family therapist licensed under chapter 383a; (K) a domestic violence counselor or a sexual assault counselor, as defined in section 52-146k; (L) a clinical professional counselor or a master professional counselor licensed under chapter 383c; (M) a clinical social worker licensed under chapter 383b; or (N) an employee of the Department of Children and Families; and (2) the office or commissioner, as the case may be, reasonably concludes that a violation of any of said sections has occurred.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
20-195aa |
Sec. 2 |
October 1, 2016 |
20-195bb |
Sec. 3 |
October 1, 2016 |
20-195cc |
Sec. 4 |
October 1, 2016 |
20-195dd |
Sec. 5 |
October 1, 2016 |
20-195ee |
Sec. 6 |
October 1, 2016 |
4e-1(20) |
Sec. 7 |
October 1, 2016 |
5-206a |
Sec. 8 |
October 1, 2016 |
17a-22ee(7) |
Sec. 9 |
October 1, 2016 |
17a-78(f) |
Sec. 10 |
October 1, 2016 |
17a-101(b) |
Sec. 11 |
October 1, 2016 |
17b-28e(c) |
Sec. 12 |
October 1, 2016 |
19a-14(c) |
Sec. 13 |
October 1, 2016 |
19a-906(a)(11) |
Sec. 14 |
October 1, 2016 |
20-195m(7) |
Sec. 15 |
October 1, 2016 |
20-195s(a) |
Sec. 16 |
October 1, 2016 |
33-182a(1) |
Sec. 17 |
October 1, 2016 |
34-101(25) |
Sec. 18 |
October 1, 2016 |
38a-488a(e) to (g) |
Sec. 19 |
October 1, 2016 |
38a-514(e) to (g) |
Sec. 20 |
October 1, 2016 |
46a-11b(a) |
Sec. 21 |
October 1, 2016 |
52-146s |
Sec. 22 |
October 1, 2016 |
54-209(d) |
Statement of Legislative Commissioners:
In Section 4(a)(1), the subparagraph and clause designators were changed for consistency with the drafting conventions of the general statutes; and in Section 4(d), "subdivision (3) of subsection (a) of this section" was changed to "[subdivision (3) of subsection (a) of this section] subparagraph (C) of subdivision (1) of subsection (a) of this section or subparagraph (B) of subdivision (2) of subsection (a) of this section, as applicable" for accuracy.
PH |
Joint Favorable Subst. |