| SB 249 - Mental Health Therapists - licensing |
First Reader Summary
A bill to amend Chapter 10A of Title 43 of the Official Code of
Georgia Annotated, the "Professional Counselors, Social Workers,
and Marriage and Family Therapists Licensing Law," so as to
provide for the licensing of mental health therapists and
associate mental health therapists; to change the provisions
relating to the short title, legislative purpose, and
definitions; to change the provisions relating to the Georgia
Composite Board of Professional Counselors, Social Workers, and
Marriage and Family Counselors.
| RECORDED VOTES |
| Vote # |
Date |
Yeas |
Nays |
Description |
| HV0560 |
3/12/98 |
161 |
000 |
PASS |
| Senate |
Action |
House |
| 3/2/99 |
Read 1st time |
|
SB 249 00 LC 11 9856
SENATE BILL 249
By: SB249
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 10A of Title 43 of the Official Code of
1- 2 Georgia Annotated, the "Professional Counselors, Social
1- 3 Workers, and Marriage and Family Therapists Licensing Law,"
1- 4 so as to provide for the licensing of mental health
1- 5 therapists and associate mental health therapists; to change
1- 6 the provisions relating to the short title, legislative
1- 7 purpose, and definitions; to change the provisions relating
1- 8 to the Georgia Composite Board of Professional Counselors,
1- 9 Social Workers, and Marriage and Family Therapists, and
1-10 standards committees thereof; to change the provisions
1-11 prohibiting the unlicensed practice of specialties and the
1-12 use of certain titles and change the exceptions to such
1-13 prohibitions; to change the requirements for licensure and
1-14 establish such requirements for mental health therapists and
1-15 associate mental health therapists; to change the provisions
1-16 regarding the use of certain titles by various business
1-17 entities; to change the provisions regarding legislative
1-18 construction; to provide an effective date; to repeal
1-19 conflicting laws; and for other purposes.
1-20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-21 SECTION 1.
1-22 Chapter 10A of Title 43 of the Official Code of Georgia
1-23 Annotated, the "Professional Counselors, Social Workers, and
1-24 Marriage and Family Therapists Licensing Law," is amended by
1-25 striking Code Section 43-10A-1, relating to the short title,
1-26 and inserting in its place the following:
1-27 "43-10A-1.
1-28 This chapter shall be known and may be cited as the
1-29 'Professional Counselors, Social Workers, Mental Health
1-30 Therapists, and Marriage and Family Therapists Licensing
1-31 Law.'"
-1-
2- 1 SECTION 2.
2- 2 Said chapter is further amended by striking Code Section
2- 3 43-10A-2, relating to legislative purpose, and inserting in
2- 4 its place the following:
2- 5 "43-10A-2.
2- 6 It is declared to be the purpose of the General Assembly
2- 7 that the activities of certain persons who utilize certain
2- 8 titles relating to or who practice mental health therapy,
2- 9 professional counseling, social work, and marriage and
2-10 family therapy be regulated to ensure the protection of
2-11 the health, safety, and welfare of the people of this
2-12 state."
2-13 SECTION 3.
2-14 Said chapter is further amended by striking Code Section
2-15 43-10A-3, relating to definitions, and inserting in its
2-16 place the following:
2-17 "43-10A-3.
2-18 As used in this chapter, the term:
2-19 (1) 'Advertise' means, but is not limited to, the
2-20 issuing of or causing to be distributed any card, sign,
2-21 or other device or the causing or permitting any sign or
2-22 marking on or in any building or structure, or in any
2-23 newspaper, magazine, or directory, or on radio or
2-24 television.
2-25 (2) 'Allied profession' means the practice of medicine,
2-26 psychiatric nursing, psychology, or pastoral counseling.
2-27 (3) 'Board' means the Georgia Composite Board of
2-28 Professional Counselors, Social Workers, Mental Health
2-29 Therapists, and Marriage and Family Therapists
2-30 established by this chapter.
2-31 (3.1) 'Commission on Rehabilitation Counselor
2-32 Certification' means the national certifying agency for
2-33 rehabilitation counselors as recognized by the National
2-34 Commission for Certifying Agencies.
2-35 (4) 'Counseling' means those techniques used to help
2-36 persons learn how to solve problems and make decisions
2-37 related to personal growth, vocation, family, social,
2-38 and other interpersonal concerns.
-2-
3- 1 (5) 'Direction' means the ongoing administrative
3- 2 overseeing by an employer or superior of a specialty
3- 3 practitioner's work. The person providing direction
3- 4 shall be responsible for assuring the quality of the
3- 5 services rendered by that practitioner and shall ensure
3- 6 that qualified supervision or intervention occurs in
3- 7 situations which require expertise beyond that of the
3- 8 practitioner. Direction may be provided by any person
3- 9 acceptable to the standards committee for that specialty
3-10 in which the practitioner is working.
3-11 (6) 'Fee' means money or anything of value, including
3-12 but not limited to a salary, offered or received as
3-13 compensation in return for rendering services in any
3-14 specialty.
3-15 (7) 'Joint-secretary' means the joint-secretary of the
3-16 state examining boards. The joint-secretary shall serve
3-17 as secretary to the board.
3-18 (8) 'Marriage and family therapy' means that specialty
3-19 which evaluates and treats emotional and mental problems
3-20 and conditions, whether cognitive, affective, or
3-21 behavioral, resolves intrapersonal and interpersonal
3-22 conflicts, and changes perception, attitudes, and
3-23 behavior; all within the context of marital and family
3-24 systems. Marriage and family therapy includes, without
3-25 being limited to, individual, group, couple, sexual,
3-26 family, and divorce therapy. Marriage and family
3-27 therapy involves an applied understanding of the
3-28 dynamics of marital and family systems, including
3-29 individual psychodynamics, the use of assessment
3-30 instruments that evaluate marital and family
3-31 functioning, and the use of psychotherapy and
3-32 counseling.
3-33 (8.1) 'Mental health therapist' means a person licensed
3-34 to practice mental health therapy under this chapter.
3-35 (8.2) 'Mental health therapy' means the performance of
3-36 that specialty which evaluates and treats persons with
3-37 behavioral, affective, cognitive, and interpersonal
3-38 problems or conditions, or seeks to prevent such
3-39 problems or conditions, or seeks to enhance behavior and
3-40 mental health. The means by which these are
3-41 accomplished include, but are not limited to, applying
3-42 empirically derived and validated psychological
3-43 principles and procedures, using assessment instruments
-3-
4- 1 which the mental health therapist is qualified to employ
4- 2 by virtue of education and training, conducting
4- 3 interviews, utilizing individual or group techniques
4- 4 while engaging in psychotherapy, and utilization and
4- 5 interpretation of psychological research.
4- 6 (9) 'Practice a specialty' or 'practice' means to offer
4- 7 to render for a fee or to render for a fee any service
4- 8 involving the application of principles, methods, or
4- 9 procedures of professional counseling, social work,
4-10 mental health therapy, or marriage and family therapy.
4-11 (10) 'Professional counseling' means that specialty
4-12 which utilizes counseling techniques based on
4-13 principles, methods, and procedures of counseling that
4-14 assist people in identifying and resolving personal,
4-15 social, vocational, intrapersonal and interpersonal
4-16 concerns; utilizes counseling and psychotherapy to
4-17 evaluate and treat emotional and mental problems and
4-18 conditions, whether cognitive, behavioral, or affective;
4-19 administers and interprets educational and vocational
4-20 assessment instruments and other tests which the
4-21 professional counselor is qualified to employ by virtue
4-22 of education, training, and experience; utilizes
4-23 information and community resources for personal,
4-24 social, or vocational development; utilizes individual
4-25 and group techniques for facilitating problem solving,
4-26 decision making, and behavior change; utilizes
4-27 functional assessment and vocational planning and
4-28 guidance for persons requesting assistance in adjustment
4-29 to a disability or disabling condition; utilizes
4-30 referral for persons who request counseling services;
4-31 and utilizes and interprets counseling research.
4-32 (11) 'Psychotherapeutic techniques' means those specific
4-33 techniques involving the in-depth exploration and
4-34 treatment of interpersonal and intrapersonal dynamics
4-35 but shall not include the performance of those
4-36 activities exclusively reserved to any other business or
4-37 profession by any other chapter of this title.
4-38 (12) 'Recognized educational institution' means any
4-39 educational institution which grants a bachelor's,
4-40 master's, specialist, or doctoral degree and which is
4-41 recognized by an accrediting body acceptable to the
4-42 board.
-4-
5- 1 (13) 'Social work' means that specialty which helps
5- 2 individuals, marriages, families, couples, groups, or
5- 3 communities to enhance or restore their capacity for
5- 4 functioning: by assisting in the obtaining or improving
5- 5 of tangible social and health services; by providing
5- 6 psychosocial evaluations, in-depth analyses and
5- 7 determinations of the nature and status of emotional,
5- 8 cognitive, mental, behavioral, and interpersonal
5- 9 problems or conditions; and by counseling and
5-10 psychotherapeutic techniques, casework, social work
5-11 advocacy, psychotherapy, and treatment in a variety of
5-12 settings which include but are not limited to mental and
5-13 physical health facilities, child and family service
5-14 agencies, or private practice.
5-15 (14) 'Specialty' means social work, marriage and family
5-16 therapy, mental health therapy, or professional
5-17 counseling, or any combination thereof.
5-18 (15) 'Supervision' means the direct clinical review, for
5-19 the purpose of training or teaching, by a supervisor of
5-20 a specialty practitioner's interaction with a client.
5-21 It may include, without being limited to, the review of
5-22 case presentations, audio tapes, video tapes, and direct
5-23 observation in order to promote the development of the
5-24 practitioner's clinical skills.
5-25 (16) 'Supervisor' means a person who meets the
5-26 requirements established by the standards committee for
5-27 that specialty which is being supervised and who is
5-28 either licensed under this chapter or is a psychiatrist
5-29 or a psychologist.
5-30 (17) 'The Commission on Accreditation for Marriage and
5-31 Family Therapy Education' means the national accrediting
5-32 agency for marriage and family therapy education as
5-33 recognized by the United States Department of Education.
5-34 (18) 'The Council on Social Work Education' means the
5-35 national accrediting agency for social work education as
5-36 recognized by the United States Department of Education
5-37 and the Council on Postsecondary Accreditation."
5-38 SECTION 4.
5-39 Said chapter is further amended by striking Code Section
5-40 43-10A-4, creating the Georgia Composite Board of
5-41 Professional Counselors, Social Workers, and Marriage and
-5-
6- 1 Family Therapists, and inserting in its place the following:
6- 2 "43-10A-4.
6- 3 (a) There is created the Georgia Composite Board of
6- 4 Professional Counselors, Social Workers, Mental Health
6- 5 Therapists, and Marriage and Family Therapists. The board
6- 6 shall consist of ten 13 members who have been residents of
6- 7 this state for at least 12 months prior to taking office.
6- 8 The ten 13 members shall be constituted as follows:
6- 9 (1) Three members licensed in professional counseling,
6-10 two of whom shall be designated at the time of their
6-11 appointment to serve an initial term ending December 31,
6-12 1988, and one of whom shall be designated to serve an
6-13 initial term ending December 31, 1987;
6-14 (2) Three members licensed as social workers, one of
6-15 whom shall be designated at the time of appointment to
6-16 serve an initial term ending December 31, 1988, the
6-17 other two of whom shall be designated to serve an
6-18 initial term ending December 31, 1987;
6-19 (3) Three members licensed as marriage and family
6-20 therapists, two of whom shall be designated at the time
6-21 of their appointment to serve an initial term ending
6-22 December 31, 1987, and one of whom shall be designated
6-23 to serve an initial term ending December 31, 1988; and
6-24 (3.1) Three members licensed as mental health
6-25 therapists, two of whom shall be designated at the time
6-26 of their appointment to serve an initial term ending
6-27 December 31, 2000, and one of whom shall be designated
6-28 to serve an initial term ending December 31, 2001; and
6-29 (4) One member who shall represent the public at large
6-30 and have no professional connection with any specialty
6-31 to serve an initial term ending December 31, 1988.
6-32 (b) All members of the board shall be appointed by the
6-33 Governor, subject to confirmation by the Senate. Those
6-34 members first appointed to the board under this chapter
6-35 shall serve for initial terms of office beginning
6-36 September 1, 1985, except that those first appointed as
6-37 mental health therapists shall serve for initial terms of
6-38 office beginning July 1, 1999. Those members of the board
6-39 required to be licensed and who are first appointed to the
6-40 board shall be persons who are practicing in the
6-41 designated specialty at the time of appointment and who
-6-
7- 1 must be licensed therein as required within 12 months
7- 2 following their appointment.
7- 3 (c) After the initial terms specified in subsection (a) of
7- 4 this Code section, members of the board shall take office
7- 5 on the first day of January immediately following the
7- 6 expired term of that office and shall serve for a term of
7- 7 three years and until the appointment and qualification of
7- 8 their respective successors. No member shall serve on the
7- 9 board more than two consecutive terms.
7-10 (d) Members of the board may be removed by the Governor,
7-11 after notice and opportunity for hearing, for
7-12 incompetence, neglect of duty, unprofessional conduct, or
7-13 conviction of any felony.
7-14 (e) Vacancies occurring on the board, other than those
7-15 caused by expiration of a term of office, shall be filled
7-16 in the same manner as the original appointment to the
7-17 position vacated for the remainder of the unexpired term
7-18 and until a successor is appointed and qualified.
7-19 (f) Any person appointed to the board when the Senate is
7-20 not in regular session may serve on the board without
7-21 Senate confirmation until the Senate acts upon that
7-22 appointment."
7-23 SECTION 5.
7-24 Said chapter is further amended by striking subsection (a)
7-25 of Code Section 43-10A-6, relating to standards committees,
7-26 and inserting in its place the following:
7-27 "(a) Those members of the board from the professional
7-28 counseling specialty, the social work specialty, the
7-29 mental health therapy specialty, and the marriage and
7-30 family therapy specialty shall constitute a separate
7-31 standards committee for their respective specialty. Each
7-32 standards committee by majority vote shall approve or
7-33 disapprove the granting of all licenses in that specialty,
7-34 approve the examination required of applicants for
7-35 licensure in that committee's specialty and provide for
7-36 the grading of that examination, and provide for other
7-37 matters relating to licensure in that specialty."
7-38 SECTION 6.
7-39 Said chapter is further amended by striking subsection (a)
7-40 of Code Section 43-10A-7, prohibiting unlicensed practice of
7-41 specialties, and inserting in its place the following:
-7-
8- 1 "(a) Except as otherwise provided in this chapter, a
8- 2 person who is not licensed under this chapter shall not
8- 3 practice professional counseling, social work, mental
8- 4 health therapy, or marriage and family therapy, nor
8- 5 advertise the performance of such practice, nor use the
8- 6 title 'professional counselor,' 'associate professional
8- 7 counselor,' 'social worker,' 'mental health therapist,'
8- 8 'marriage and family therapist,' or 'associate marriage
8- 9 and family therapist,' nor use any words, letters, titles,
8-10 or figures indicating or implying that the person is a
8-11 professional counselor, associate professional counselor,
8-12 social worker, mental health therapist, marriage and
8-13 family therapist, or associate marriage and family
8-14 therapist or is licensed under this chapter."
8-15 SECTION 7.
8-16 Said chapter is further amended by striking from said Code
8-17 Section 43-10A-7 paragraphs (6), (16), and (17) of
8-18 subsection (b) thereof and inserting in their place the
8-19 following:
8-20 "(6) Persons who have obtained one of the graduate
8-21 degrees required for licensure as a professional
8-22 counselor, mental health therapist, or marriage and
8-23 family therapist and who are practicing such specialty
8-24 under supervision and direction in order to obtain the
8-25 experience required for licensure;"
8-26 "(16) Any person engaged in the practice of professional
8-27 counseling or mental health therapy as an employee or
8-28 student peer counselor of the University System of
8-29 Georgia or its educational units, the Department of
8-30 Technical and Adult Education or its educational units,
8-31 or of a public or private college or university within
8-32 this state, but only when engaged in that practice as
8-33 such an employee or student peer counselor and excepting
8-34 the use of psychotherapeutic techniques to evaluate and
8-35 treat emotional and mental illness, disorder, or
8-36 dysfunction;
8-37 (17) Persons who engage in the practice of mental health
8-38 therapy or professional counseling, excluding the use of
8-39 psychotherapy, as employees of organizations which
8-40 maintain, now or in the future, accreditation from the
8-41 Commission on Accreditation of Rehabilitation Facilities
8-42 or the national Accreditation Council for Agencies
8-43 Serving the Blind and Visually Handicapped, but only
-8-
9- 1 when those persons are providing those services as
9- 2 employees of those organizations pursuant to contracts
9- 3 between such organizations and the state or a
9- 4 department, agency, county, municipality, or political
9- 5 subdivision of the state; and".
9- 6 SECTION 8.
9- 7 Said chapter is further amended by striking Code Section
9- 8 43-10A-8, relating to eligibility for licensure, and
9- 9 inserting in its place the following:
9-10 "43-10A-8.
9-11 No person shall be eligible for licensure under this
9-12 chapter unless such person furnishes satisfactory evidence
9-13 to the board of all of the following:
9-14 (1) Having met the education, training, and experience
9-15 requirements of Code Section 43-10A-11, 43-10A-12, or
9-16 43-10A-13, or 43-10A-13.1 regarding that specialty for
9-17 which a license is sought;
9-18 (2) Having successfully passed the examination
9-19 established for that specialty under Code Section
9-20 43-10A-9, except that persons meeting the requirements
9-21 of subparagraph (a)(2)(A) of Code Section 43-10A-13 or
9-22 subsection (b) of Code Section 43-10A-13.1 shall not be
9-23 required to pass such examination;
9-24 (3) Having paid any required license fee; and
9-25 (4) Having furnished at least two personal references
9-26 from supervisors, teachers, or any combination thereof."
9-27 SECTION 9.
9-28 Said chapter is further amended by adding after Code Section
9-29 43-10A-13 a new Code section to read as follows:
9-30 "43-10A-13.1.
9-31 (a) The education, experience, and training requirements
9-32 for licensure as a mental health therapist are as follows:
9-33 (1) For licensure, a master's degree in psychology from
9-34 a recognized educational institution which includes a
9-35 supervised internship or practicum as part of the degree
9-36 program, and four years of post-master's directed
9-37 experience under supervision in a setting acceptable to
9-38 the board. Up to one year of such experience may have
-9-
10- 1 been in an approved supervised internship or practicum
10- 2 as part of the degree program; and
10- 3 (2) For associate licensure, a master's degree in
10- 4 psychology from a recognized educational institution
10- 5 which includes a supervised internship or practicum as
10- 6 part of the degree program and registration with the
10- 7 board of an acceptable contract for obtaining the
10- 8 post-master's experience under the direction and
10- 9 supervision required for licensure.
10-10 (b) Prior to July 1, 2000, the board may grant a mental
10-11 health therapist license to any person licensed under this
10-12 chapter in professional counseling or marriage and family
10-13 therapy without such person's passing any licensing
10-14 examination provided that person:
10-15 (1) Has earned a master's degree in psychology from a
10-16 recognized educational institution;
10-17 (2) Has earned a minimum of 600 hours per year over four
10-18 years of directed experience with no more than one year
10-19 earned in a practicum or internship; and
10-20 (3) Has earned 30 hours of supervision per year over
10-21 four years of directed experience with no more than 30
10-22 hours earned during a practicum or internship.
10-23 (c) Persons having an associate license as a mental health
10-24 therapist may only use the title 'associate mental health
10-25 therapist' and may practice mental health therapy only
10-26 under direction and supervision and only for a period not
10-27 to exceed five years while obtaining the post-master's
10-28 experience required for being licensed as a mental health
10-29 therapist."
10-30 SECTION 10.
10-31 Said chapter is further amended by striking subsection (a)
10-32 of Code Section 43-10A-21, restricting use of terms in
10-33 business names, and inserting in its place the following:
10-34 "(a) No corporation, partnership, association, or other
10-35 business entity may use in its corporate, partnership,
10-36 association, or business name any term or title restricted
10-37 under subsection (a) of Code Section 43-10A-7 or the term
10-38 'professional counseling,' 'social work,' 'mental health
10-39 therapist,' or 'marriage and family therapy,' or any
10-40 words, letters, titles, or figures indicating or implying
10-41 that such entity or any of its employees, officers, or
-10-
11- 1 agents are practicing a specialty regulated under this
11- 2 chapter, unless each person practicing a specialty in that
11- 3 entity, except those persons exempt under paragraph (1),
11- 4 (4), (5), (6), (11), (13), or (14) of subsection (b) of
11- 5 Code Section 43-10A-7, is licensed under this chapter."
11- 6 SECTION 11.
11- 7 This Act shall become effective on July 1, 1999.
11- 8 SECTION 12.
11- 9 All laws and parts of laws in conflict with this Act are
11-10 repealed.
-11-
Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00
