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HB20-1206

Sunset Mental Health Professionals

Concerning the continuation of the regulation of mental health professionals, and, in connection therewith, implementing recommendations contained in the 2019 sunset report by the department of regulatory agencies.
Session:
2020 Regular Session
Subject:
Professions & Occupations
Bill Summary

Sunset Process - House Public Health Care and Human Services Committee. The bill:

  • Continues the regulation of mental health professionals until 2029;
  • Clarifies that mental health professionals may administer opiate antagonists;
  • Allows the staff of a mental health board to approve applications for licensure, certification, and registration without ratification from the respective board unless the board deems ratification necessary;
  • Clarifies that licensees, certificate holders, and registrants are not required to form a professional service corporation;
  • Requires a mental health professional to disclose to clients that the client's medical records may not be maintained longer than 7 years;
  • Exempts students who are enrolled in a school program and are practicing as part of a school practicum or clinical program from licensing, certification, and registration requirements;
  • Grants title protection to additional persons practicing in the mental health field;
  • Clarifies that a mental health professional may disclose confidential communications if there is a threat to a school or its employees and personnel;
  • Makes the conviction of a crime that is related to mental health practice a violation of the mental health practice acts;
  • Makes the failure to report the conviction of a felony a violation of the mental health practice acts;
  • Clarifies that it is not a prohibited activity for a mental health professional to offer or accept payment for services provided from a referral;
  • Authorizes the appropriate regulatory board to suspend a mental health professional's license, certification, or registration for the failure to comply with a board-ordered mental or physical examination;
  • Allows mental health professionals to resolve certain issues informally prior to reporting a violation to the applicable board;
  • Allows supervision of an applicant for a social worker license to be done virtually and by a person other than a licensed social worker;
  • Repeals the requirement that a candidate for a social work license must be supervised by a licensed social worker and allows supervision as approved by the state board of social work examiners;
  • States that, for licensed social workers or licensed clinical social workers, course work is the only professional competency activity that can fulfill all the continuing competency requirements;
  • Requires applicants for psychology licensure to complete a name-based criminal history record check upon initial application;
  • Repeals the requirements that members of the mental health boards must be United States citizens;
  • Repeals the provision allowing a licensed mental health professional or a licensure candidate to register with the database of registered psychologists; and
  • Grants general rule-making authority to the state board of addiction counselor examiners and requires the state board of human services in the department of human services to establish by rule education requirements for addiction counselors.
    (Note: This summary applies to this bill as introduced.)

Status

Introduced
Passed

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Bill Text