Bill Text: IA HF569 | 2013-2014 | 85th General Assembly | Enrolled

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Bill Title: A bill for an act relating to licensure of professionals practicing substance and addictive disorder counseling or providing substance and addictive disorder prevention services, making penalties applicable, and including transition, implementation, and effective date provisions. (Formerly HSB 185) Vetoed 4-26-13.

Sponsorship: Committee Bill

Status: (Vetoed) 2013-12-31 - END OF 2013 ACTIONS [HF569 Detail]

Download: Iowa-2013-HF569-Enrolled.html

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House File 569
AN ACT
RELATING TO LICENSURE OF PROFESSIONALS PRACTICING SUBSTANCE AND
ADDICTIVE DISORDER COUNSELING OR PROVIDING SUBSTANCE AND
ADDICTIVE DISORDER PREVENTION SERVICES, MAKING PENALTIES
APPLICABLE, AND INCLUDING TRANSITION, IMPLEMENTATION, AND
EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 147.1, subsections 3 and 6, Code 2013,
are amended to read as follows:
3. “Licensed” or “certified” , when applied to a physician
and surgeon, podiatric physician, osteopathic physician and
surgeon, physician assistant, psychologist, chiropractor,
nurse, dentist, dental hygienist, dental assistant,
optometrist, speech pathologist, audiologist, pharmacist,
physical therapist, physical therapist assistant, occupational
therapist, occupational therapy assistant, orthotist,
prosthetist, pedorthist, respiratory care practitioner,
practitioner of cosmetology arts and sciences, practitioner
of barbering, funeral director, dietitian, marital and
family therapist, mental health counselor, social worker,
substance and addictive disorder counselor, master substance
and addictive disorder counselor, independent substance and
addictive disorder counselor, substance and addictive disorder
prevention professional, massage therapist, athletic

House File 569, p. 2
trainer, acupuncturist, nursing home administrator, hearing aid
dispenser, or sign language interpreter or transliterator means
a person licensed under this subtitle .
6. “Profession” means medicine and surgery, podiatry,
osteopathic medicine and surgery, practice as a physician
assistant, psychology, chiropractic, nursing, dentistry,
dental hygiene, dental assisting, optometry, speech pathology,
audiology, pharmacy, physical therapy, physical therapist
assisting, occupational therapy, occupational therapy
assisting, respiratory care, cosmetology arts and sciences,
barbering, mortuary science, marital and family therapy,
mental health counseling, social work, substance and addictive
disorder counseling, substance and addictive disorder
prevention services, dietetics, massage therapy, athletic
training, acupuncture, nursing home administration, hearing
aid dispensing, sign language interpreting or transliterating,
orthotics, prosthetics, or pedorthics.
Sec. 2. Section 147.2, subsection 1, Code 2013, is amended
to read as follows:
1. A person shall not engage in the practice of medicine
and surgery, podiatry, osteopathic medicine and surgery,
psychology, chiropractic, physical therapy, physical
therapist assisting, nursing, dentistry, dental hygiene,
dental assisting, optometry, speech pathology, audiology,
occupational therapy, occupational therapy assisting,
orthotics, prosthetics, pedorthics, respiratory care,
pharmacy, cosmetology arts and sciences, barbering, social
work, dietetics, marital and family therapy or mental health
counseling, substance and addictive disorder counseling or
substance and addictive disorder prevention services, massage
therapy, mortuary science, athletic training, acupuncture,
nursing home administration, hearing aid dispensing, or sign
language interpreting or transliterating, or shall not practice
as a physician assistant, unless the person has obtained a
license for that purpose from the board for the profession.
Sec. 3. Section 147.13, subsection 16, Code 2013, is amended
to read as follows:
16. For marital and family therapy , and mental health
counseling, substance and addictive disorder counseling, and
substance and addictive disorder prevention services, the board
of behavioral science.
Sec. 4. Section 147.14, subsection 1, paragraph m, Code
2013, is amended to read as follows:

House File 569, p. 3
m. For behavioral science, three two members licensed
to practice marital and family therapy, all both of whom
shall be practicing marital and family therapists; three two
members licensed to practice mental health counseling, one
of whom shall be employed in graduate teaching, training,
or research in mental health counseling and two one of whom
shall be a practicing mental health counselors counselor ; two
members licensed to practice substance and addictive disorder
counseling or substance and addictive disorder prevention
services; and three members who are not licensed to practice
marital and family therapy , or mental health counseling ,
substance and addictive disorder counseling, or substance and
addictive disorder prevention services and who shall represent
the general public.
Sec. 5. Section 147.74, Code 2013, is amended by adding the
following new subsection:
NEW SUBSECTION . 23A. A substance and addictive disorder
counselor licensed under chapter 154D may use the words
“licensed substance and addictive disorder counselor” after
the person’s name or signify the same by the use of the
letters “L.S.A.D.C.” after the person’s name. A master
substance and addictive disorder counselor licensed under
chapter 154D may use the words “licensed master substance
and addictive disorder counselor” after the person’s name or
signify the same by the use of the letters “L.M.S.A.D.C.” after
the person’s name. An independent substance and addictive
disorder counselor licensed under chapter 154D may use the
words “licensed independent substance and addictive disorder
counselor” after the person’s name or signify the same by the
use of the letters “L.I.S.A.D.C.” after the person’s name.
A substance and addictive disorder prevention professional
licensed under chapter 154D may use the words “licensed
substance and addictive disorder prevention professional” after
the person’s name or signify the same by the use of the letters
“L.S.A.D.P.P.” after the person’s name.
Sec. 6. Section 154D.1, subsection 4, Code 2013, is amended
to read as follows:
4. “Licensee” includes a licensed marital and family
therapist , and a licensed mental health counselor , a licensed
substance and addictive disorder counselor, a licensed
master substance and addictive disorder counselor, a licensed
independent substance and addictive disorder counselor,
and a licensed substance and addictive disorder prevention

House File 569, p. 4
professional .
Sec. 7. Section 154D.1, Code 2013, is amended by adding the
following new subsections:
NEW SUBSECTION . 1A. “Licensed independent substance
and addictive disorder counselor” means a person licensed
to practice substance and addictive disorder counseling as
an independent substance and addictive disorder counselor
pursuant to this chapter. A licensed independent substance
and addictive disorder counselor is qualified to practice
independently in private practice.
NEW SUBSECTION . 2A. “Licensed master substance and addictive
disorder counselor” means a person licensed to practice
substance and addictive disorder counseling as a master
substance and addictive disorder counselor pursuant to this
chapter. A licensed master substance and addictive disorder
counselor may practice in a program licensed or excepted from
licensure pursuant to chapter 125.
NEW SUBSECTION . 3A. “Licensed substance and addictive
disorder counselor” means a person licensed to practice
substance and addictive disorder counseling pursuant to this
chapter. A licensed substance and addictive disorder counselor
may practice in a program licensed or excepted from licensure
pursuant to chapter 125, under the clinical oversight of a
licensed master substance and addictive disorder counselor
or a licensed independent substance and addictive disorder
counselor.
NEW SUBSECTION . 3B. “Licensed substance and addictive
disorder prevention professional” means a person licensed to
provide substance and addictive disorder prevention services
pursuant to this chapter.
NEW SUBSECTION . 6A. “Substance and addictive disorder
counseling” means counseling of persons with substance and
addictive disorders which consists of the application of
general counseling theories and treatment methods adopted with
the express purpose of treating alcohol, drug, and gambling
problems.
NEW SUBSECTION . 6B. “Substance and addictive disorder
prevention services” means services that implement strategies
and activities that have been shown to increase protective
factors, prevent high-risk behaviors, and effectively reduce
rates of substance and addictive disorders.
Sec. 8. NEW SECTION . 154D.2A Licensure —— substance and
addictive disorder counseling and prevention services.

House File 569, p. 5
1. An applicant for a license to practice as a substance
and addictive disorder counselor shall be granted a license
by the board if the applicant satisfies all of the following
requirements:
a. Possesses a bachelor’s degree in substance and addictive
disorders or a counseling-related area from an accredited
educational institution or from a program approved by the
board.
b. Possesses the required years of supervised clinical
experience or its equivalent as approved by the board.
c. Passes an examination approved by the board.
2. An applicant for a license to practice as a master
substance and addictive disorder counselor shall be granted
a license by the board if the applicant satisfies all of the
following requirements:
a. Possesses a master’s degree in substance and addictive
disorders or a counseling-related area from an accredited
educational institution or from a program approved by the
board.
b. Possesses the required years of supervised clinical
experience or its equivalent as approved by the board.
c. Passes an examination approved by the board.
3. An applicant for a license to practice as an independent
substance and addictive disorder counselor shall be granted
a license by the board if the applicant satisfies all of the
following requirements:
a. Possesses a master’s degree in substance and addictive
disorders or a counseling-related area from an accredited
educational institution or from a program approved by the
board.
b. Possesses the required years of supervised clinical
experience or its equivalent as approved by the board.
c. Has at least one year of experience in the treatment of
and service delivery for substance and addictive disorders.
d. Passes an examination approved by the board.
4. An applicant for a license to provide substance and
addictive disorder prevention services shall be granted a
license by the board if the applicant satisfies all of the
following requirements:
a. Possesses a bachelor’s degree in a substance and
addictive disorders prevention-related area from an accredited
educational institution or from a program approved by the
board.

House File 569, p. 6
b. Possesses the required years of supervised clinical
experience or its equivalent as approved by the board.
c. Passes an examination approved by the board.
Sec. 9. NEW SECTION . 154D.2B Scope of work —— substance and
addictive disorder counseling.
1. a. The scope of work for a person licensed as a
substance and addictive disorder counselor includes all of the
following and applies to co-occurring mental health problems
that are within the limits of the person’s training and
experience:
(1) Evaluation, including formulation of a diagnosis
of a substance and addictive disorder, with review by an
independent substance and addictive disorder counselor, a
master substance and addictive disorder counselor, or a mental
health professional as defined in section 228.1; screening,
brief intervention, and referral to treatment.
(2) Treatment planning.
(3) Referral.
(4) Service coordination and case management.
(5) Counseling and education with individuals, families,
and groups.
(6) Substance and addictive disorder services including
client, family, and community education.
(7) Documentation.
(8) Professional and ethical responsibilities.
(9) Supervision of licensed substance and addictive
disorder prevention professionals.
b. A person licensed as a substance and addictive disorder
counselor may practice at a facility, in a primary care
setting, or under the clinical supervision of an independent
substance and addictive disorder counselor, a master
substance and addictive disorder counselor, or a mental health
professional as defined in section 228.1.
2. a. The scope of work for a person licensed as a master
substance and addictive disorder counselor includes all of the
following and applies to co-occurring mental health problems
that are within the limits of the person’s training and
experience:
(1) Evaluation, including the diagnosis of substance and
addictive disorders, screening, and assessment.
(2) Treatment planning.
(3) Referral.
(4) Service coordination and case management.

House File 569, p. 7
(5) Counseling and education with individuals, families,
and groups.
(6) Substance and addictive disorder services including
client, family, and community education.
(7) Documentation.
(8) Professional and ethical responsibilities.
(9) Supervision of licensed substance and addictive
disorder counselors and licensed substance and addictive
disorder prevention professionals.
b. A person licensed as a master substance and addictive
disorder counselor may practice at a facility, in a primary
care setting, or under the clinical supervision of an
independent substance and addictive disorder counselor or a
mental health professional as defined in section 228.1.
3. a. The scope of work for a person licensed as an
independent substance and addictive disorder counselor includes
all of the following and applies to co-occurring mental health
problems that are within the limits of the person’s training
and experience:
(1) Clinical evaluation, including the diagnosis of
substance and addictive disorders, screening, and assessment.
(2) Treatment planning.
(3) Referral.
(4) Service coordination and case management.
(5) Counseling, therapy, and education with individuals,
families, and groups.
(6) Substance and addictive disorder services including
client, family, and community education.
(7) Documentation.
(8) Professional and ethical responsibilities.
(9) Supervision of licensed substance and addictive
disorder counselors, licensed master substance and addictive
disorder counselors, licensed substance and addictive disorder
prevention professionals, and mental health professionals as
defined in section 228.1.
b. A person licensed as an independent substance and
addictive disorder counselor may practice at a facility,
in a primary care setting, or as an independent private
practitioner.
Sec. 10. Section 154D.3, subsection 1, paragraph b, Code
2013, is amended to read as follows:
b. (1) Standards for professional conduct of persons
licensed under this chapter .

House File 569, p. 8
(2) Standards for professional conduct for persons
practicing substance and addictive disorder counseling or
providing substance and addictive disorder prevention services
shall address the following: informed consent, supervision,
privacy and confidentiality, record keeping, access to
records, billing and fees, conflicts of interest, physical
contact, termination of service, misrepresentation, disclosure,
impairment, research, and other areas as determined by the
board.
Sec. 11. Section 154D.3, subsection 1, Code 2013, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . f. Requirements for a notification
provided by a licensed substance and addictive disorder
counselor, licensed master substance and addictive disorder
counselor, licensed independent substance and addictive
disorder counselor, or a licensed substance and addictive
disorder prevention professional to the board regarding
professional disciplinary action taken against the person in
any state. Professional disciplinary action in any state may
be grounds for termination of a license to practice substance
and addictive disorder counseling or provide substance and
addictive disorder prevention services under this chapter.
NEW PARAGRAPH . g. Requirements for listing professional
degrees related to substance and addictive disorder counseling
or substance and addictive disorder prevention services.
NEW PARAGRAPH . h. Requirements for the accepted standards
of professional competence for a license to practice substance
and addictive disorder counseling or substance and addictive
disorder prevention services.
NEW PARAGRAPH . i. Requirements for allowing reciprocity
for persons licensed in other jurisdictions to become licensed
to practice as substance and addictive disorder counselors or
substance and addictive disorder prevention professionals if
the qualifications for licensure in the other jurisdiction are
equivalent.
NEW PARAGRAPH . j. Standards for the scope of practice for
substance and addictive disorder prevention professionals,
which shall not include the diagnosis or treatment of substance
or addictive disorders.
NEW PARAGRAPH . k. Standards for substance and addictive
disorder prevention professionals’ ethical and sexual conduct
in regard to persons who receive substance and addictive
disorder prevention services.

House File 569, p. 9
Sec. 12. Section 154D.4, subsection 1, Code 2013, is amended
to read as follows:
1. This chapter and chapter 147 do not prevent qualified
members of other professions, including but not limited to
nurses, psychologists, social workers, physicians, physician
assistants, attorneys at law, or members of the clergy, from
providing or advertising that they provide services of a
marital and family therapy , or mental health counseling ,
substance and addictive disorder counseling, or substance and
addictive disorder prevention services nature consistent with
the accepted standards of their respective professions, but
these persons shall not use a title or description denoting
that they are licensed marital and family therapists , or
licensed mental health counselors , licensed substance and
addictive disorder counselors, licensed master substance and
addictive disorder counselors, licensed independent substance
and addictive disorder counselors, or licensed substance and
addictive disorder prevention professionals .
Sec. 13. Section 154D.4, subsection 2, paragraphs a and b,
Code 2013, are amended to read as follows:
a. Students whose activities are conducted within a course
of professional education in marital and family therapy , or
mental health counseling , substance and addictive disorder
counseling, or substance and addictive disorder prevention
services .
b. A person who practices marital and family therapy , or
mental health counseling , substance and addictive disorder
counseling, or substance and addictive disorder prevention
services under the supervision of a person licensed under
this chapter as part of a clinical experience as described in
section 154D.2, subsection 2 , or section 154D.2A .
Sec. 14. Section 154D.5, Code 2013, is amended to read as
follows:
154D.5 Sexual conduct with client.
The license of a marital and family therapist , or a mental
health counselor , a substance and addictive disorder counselor,
a master substance and addictive disorder counselor, or an
independent substance and addictive disorder counselor shall
be revoked if the board finds that the licensee engaged in
sexual activity with a client as determined by board rule. The
revocation shall be in addition to any other penalties provided
by law.
Sec. 15. NEW SECTION . 154D.8 Temporary license —— substance

House File 569, p. 10
and addictive disorder counseling —— substance and addictive
disorder prevention services —— fees.
A person who has fulfilled all of the applicable
requirements for licensure under section 154D.2A except for
completion of the supervised clinical experience requirement
as determined by the board, may apply to the board for a
temporary license. A temporary license shall be designated as
such and shall authorize the licensee to practice substance
and addictive disorder counseling or to provide substance and
addictive disorder prevention services under the supervision
of a qualified supervisor as determined by the board. The
license shall be valid for three years and may be renewed at
the discretion of the board. The fee for a temporary license
shall be set by the board to cover the administrative cost of
issuing the license and, if renewed, a renewal fee as set by
the board shall be required.
Sec. 16. Section 232.69, subsection 1, paragraph b,
subparagraph (6), Code 2013, is amended to read as follows:
(6) An A person licensed to practice substance and addictive
disorder counseling or prevention services or an employee or
operator of a substance abuse program or facility licensed
under chapter 125 .
Sec. 17. Section 235B.3, subsection 2, Code 2013, is amended
by adding the following new paragraph:
NEW PARAGRAPH . i. A person licensed to practice substance
and addictive disorder counseling or prevention services.
Sec. 18. TRANSITION PROVISIONS.
1. Notwithstanding sections 147.14 and 147.16, the governor
may initially appoint to the board of behavioral science
pursuant to section 147.14, subsection 1, paragraph “m”, as
amended by this Act, subject to confirmation by the senate,
in lieu of the members licensed to practice substance and
addictive disorder counseling and substance and addictive
disorder prevention services, members with experience and
expertise that is substantially equivalent to the professional
requirements for a license to practice substance and addictive
disorder counseling or substance and addictive disorder
prevention services.
2. a. A substance and addictive disorder counselor
practicing substance and addictive disorder counseling or
a substance and addictive disorder prevention professional
providing substance and addictive disorder prevention services
on or before January 1, 2015, may continue practicing substance

House File 569, p. 11
and addictive disorder counseling or providing substance and
addictive disorder prevention services, as applicable, while
completing licensure as required under this Act.
b. A person practicing substance and addictive disorder
counseling or providing substance and addictive disorder
prevention services on or before January 1, 2015, that
possesses credentials acceptable to the board of behavioral
science but does not meet the requirements for licensure in
section 154D.2A, as enacted in this Act, shall be eligible for
licensure as a substance and addictive disorder counselor or
substance and addictive disorder prevention professional as
determined by the board. Those persons receiving licenses
pursuant to this paragraph shall remain eligible for renewal
of the license notwithstanding the requirements of section
154D.2A, as enacted in this Act, unless the board otherwise
determines the person is not eligible for renewal of the
license.
c. The board of behavioral science shall adopt rules to
provide a transition process that allows the substance and
addictive disorder counselors and substance and addictive
disorder prevention professionals described in this subsection
to complete the requirements for licensure and obtain a license
or to obtain a license notwithstanding section 154D.2A as
enacted in this Act based on the person’s credentials, no later
than June 30, 2016.
Sec. 19. IMPLEMENTATION.
1. The sections of this Act relating to requirements for
licensure of substance and addictive disorder counselors,
master substance and addictive disorder counselors, independent
substance and addictive disorder counselors, and substance and
addictive disorder prevention professionals, including sections
154D.2A, 154D.2B, and 154D.8, as enacted in this Act; and
sections 147.1, 147.2, 147.13, 147.74, 154D.1, 154D.3, 154D.4,
and 154D.5, as amended in this Act, shall be implemented so the
requirements are applicable beginning no later than January 1,
2015.
2. The implementation of licensure for substance
and addictive disorder counselors, master substance and
addictive disorder counselors, independent substance and
addictive disorder counselors, and substance and addictive
disorder prevention professionals is subject to the approval
of a one-time state appropriation to cover the initial
administrative costs.

House File 569, p. 12
Sec. 20. EFFECTIVE UPON ENACTMENT. This Act, being deemed
of immediate importance, takes effect upon enactment.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 569, Eighty-fifth General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2013
______________________________
TERRY E. BRANSTAD
Governor