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Public Policy
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New Colorado State Legislation
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Posted 2-16-10
Several bills have been introduced into the legislature in February of this year which should be of interest to licensed professional counselors. Each as been assigned to a committee within their respective bodies and so they are still in a preliminary state of formulation. The Bills are as follows:
Bill HB10-1239
The bill requires a defendant who intends to offer evidence of a mental condition that prevented or impaired the formation of the required mental state for the crime to provide notice of that intent to the court and the prosecution. The court may order an evaluation of the defendant after receiving the notice. By putting the mental condition at issue, the defendant waives confidentiality and privilege related to his or her treatment for the mental condition. If a defendant intends to use the defense of intoxication, the bill requires that he or she provide notice to the court and the prosecution of that intent. The notice must include all substances taken and whether the intoxication was voluntary. By raising the defense of intoxication, the defendant waives confidentiality and privilege related to the substances. Both the prosecution and the defense must exchange the names, reports, and statements of the practitioners who provided the substance.
Introduced to the House 2/3/10 Assigned to the Judiciary Committee.
Bill SB10-124
In accordance with the “Michael Skolnik Medical Transparency Act” to extend similar reporting requirements, as applicable, to the following health care professionals who apply for a new license, certification, or registration or to renew, reinstate, or reactivate a license, certification, or registration, on or after July 1, 2011:
Information such as:
Name, address, and phone number
Info pertaining to license
Credentials such a board membership
Affiliations with hospitals
Ownership of health care related business or employment
Any public disciplinary actions
Any stipulations or agreements
Criminal convictions
Final judgments, settlements, or mal practice
Introduced to the Senate 2/1/10 Assigned to Health and Human Services
Bill SB10-152
The bill requires a county department of social services (county department) to provide information to a mandatory reporter concerning the mandatory reporter's report to the county department of suspected child abuse or neglect. Within 30 calendar days after receipt of a report, the bill requires the county department to provide, including but not limited to: a) The name of the person who poses a safety risk, b) Whether the person has been returned to his or her home, c) Whether the case has been closed and, d) Contact information for the caseworker investigating the report.
Ninety calendar days after receipt of the report by the county department, a mandatory reporter may seek certain additional information from the county department. The bill authorizes a county department to provide this information only to certain mandatory reporters, including but not limited to hospitals, physicians, nurses, school employees and officials, and mental health professionals. Information disclosed to a mandatory reporter is confidential, and the mandatory reporter shall not disclose the information to any other person.
Introduced to the Senate 2/4/10 and assigned to Health and Human Services
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Finally!
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Posted 10-30-09
Finally, after eleven years, President Obama signed the Matthew Shepard Hate Crimes Prevention Act -- federal hate crimes legislation that amends federal law to add sexual orientation and gender identity as motives for hate crimes.
In 1998, 21-year old University of Wyoming student Matthew Shepard was brutally murdered because of the simple fact that he was gay. He was severely beaten and left to die tied to a fence. Today, these acts of hate motivated by sexual orientation are no longer tolerated.
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Legislative Alert
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Posted -10-30-09
Efforts continue to push through Congress, legislation that will entitle LPC’s (aka, Licensed Mental Health Counselors) to receive Medicare reimbursement, achieving parody with psychologists and social workers.
Actions in the U.S. House of Representatives - The Affordable Health Care for America Act, known as H.R 3962 was put forth October 29, 2009 by the Democratic Caucus. Section 1308 of H.R. 3962 promises mental health access to senior citizens residing in areas not served by clinical social workers and psychologists. Note, this section is restricted to undeserved areas, only. However, Representative Bart Gordon (TN-D) has introduced H.R. 1693, the Medicare eligibility bill for licensed mental health counselors, and the House Tri-Committee leadership has championed inclusion of this bill in the House’s overall health care reform bill, H.R. 3962.
Response - Go to http://www.house.gov/ to contact your U.S. Representative. Ask him/her to support Section 1308 of H.R. 3962 and to vote YES on H.R 3962.
Action in the U.S. Senate - The Senate has not introduced a final health care reform bill yet. However, Senator Blanche Lincoln introduced S. 671 Medicare eligibility for licensed mental health counselors.
Response - Go to http://www.senate.gov/ to contact our U.S. Senators. Ask Senators Bennett and Udall to support inclusion of S. 671 into the final Senate bill.
Since the beginning of 2009 momentum has been building for some kind of health care reform legislation. The specifics of a final act are yet to be hammered out. Regardless of the specifics of a final bill we do not want to be left out nor do we want to have favorable proposals cut from the final bill. Colorado Counseling Association – Colorado Licensed Professional Counselor Association members need to keep the pressure on our Federal Legislators to see that this measure become law.
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End-of-Life Counseling
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Posted 10-30-09
The Medicare end-of-life planning provision for seniors is staying in the latest Democratic health care bill unveiled Thursday. The provision allows Medicare to pay for voluntary counseling to help beneficiaries deal with the complex and painful decisions families face when a loved one is approaching death.
For years, federal laws and policies have encouraged Americans to think ahead about end-of-life decisions, and make their wishes known in advance through living wills and similar legal documents and now they may be able to receive counseling for how best to make such decisions.
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News From ACA
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Posted 10-20-09
Special Announcement
California Becomes 50th State to License Professional Counselors
The counseling profession achieved a historic goal late last night with California Governor Arnold Schwarzenegger signing into law California Senate Bill 788, establishing licensure of professional clinical counselors in the state.
Counselors are now licensed as master's degreed mental health professionals in all 50 states, the District of Columbia and Puerto Rico. The first state to enact counselor licensure was Virginia, in 1976.
Nationwide, there are more than 110,000 licensed professional counselors working in the full range of treatment settings to assist clients with behavioral disorders and developmental issues. Licensed professional counselors are recognized as independent mental health service providers by the vast majority of private insurance companies, as well as under state and federal public health programs. As in most states, large areas in California are experiencing a shortage of mental health professionals.
ACA President Lynn Linde applauded California's enactment of the licensure bill. "This is a momentous occasion. This means that professional counseling is now recognized in all areas of the country and, more importantly, that protections for the consumers will now exist everywhere. Licensure for counselors significantly expands the availability of mental health services, which is crucial to helping meet the need for services."
"Today is a victory for so many counselors who have been advocating for licensure in California," said Richard Yep, ACA Executive Director. "This legislation will serve to regulate the profession of counseling and that is good for the profession and for consumers of mental heath services. Governor Schwarzenegger's signing of this bill caps an effort that began more than thirty years ago."
ACA congratulates the California Coalition for Counselor Licensure (CCCL) for its success in leading the licensure effort in the state. ACA has long sought to gain licensure of counselors in all U.S. jurisdictions, and has provided both financial support and technical assistance to CCCL in support of California's effort.
Dean Porter, President of the CCCL, is pleased that this bill has been approved by California's legislature and signed into law. "After working for almost eight years, CCCL, a coalition of nine California counseling organizations, is proud that California will become the 50th state to license professional counselors. This victory would not have been possible without the dedicated counselors throughout California and the state and national organizations, particularly ACA and the National Board for Certified Counselors (NBCC), that support professional counseling. Legislators from both sides of the aisle have the gratitude of counselors and their clients, who will now have increased access to professional services and the protection that regulation assures."
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News from DORA
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Posted 07-30-09
To date DORA has approximately 17,042 mental health professionals, which includes:
| Profession |
# of Licensee/Registrants |
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Social Workers
Licensed Professional Counselors
Addiction Counselors
Unlicensed Psychotherapist
Marriage and Family Therapist
Psychologists
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4,266
4,201
2,998
2,507
631
2,439
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Post Degree Data Base Requirements:
The Mental Health Boards receive questions concerning the requirement for non-licensed individuals performing psychotherapy to be listed in the State Grievance Board Database. This includes non-licensed individuals who are performing psychotherapy for the required experience and supervision hours as they are working towards licensure or certification. The Mental Health Boards are reaching out to the mental health professionals to educate and provide additional guidance on the database listing requirements.
To that end, this update is to inform all current and aspiring mental health professionals who practice psychotherapy as defined in C.R.S. 12-43-201(9) that pursuant to C.R.S. 12-43-7025, no unlicensed/uncertified person may practice psychotherapy if such person is not listed in the State Grievance Board data-base as an unlicensed psychotherapist.
Pursuant to the Mental Health Board's direction, effective September 1, 2009, and applicant will not receive credit toward licensure of certification for the post-degree experience or supervision hours accumulated after September 1, 2009, unless an applicant is:
1) A psychologist candidate,
2) Licensed or certified in another profession authorized to practice psychotherapy,
3) Listed in the State Grievance Board Database, or
4) Exempt from the provisions outlined in C.R.S. 12-43-215.
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DORA
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Need Information about Colorado's Department of Regulatory Agency (DORA)? The following link will take you to their site and specifically to the page with information pertaining to the counseling profession: http://www.dora.state.co.us/mental-health/lpc/licensing.htm. On this page you'll find the Colorado Revised Statutes, Board Rules, NCE information, Licensing Information, and other services.
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Colorado Counseling Association
1508 Lakeside Drive
Greeley, Colorado 80631
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