Mental Health Professions Practice Act-amendments.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0679.E1

HOUSE BILL
NO.
HB0305

Mental Health Professions Practice Act-amendments.

Sponsored by:
Representative(s) Iekel

A BILL

for

AN ACT relating to the Mental Health Professions Practice Act; modifying certification and provisional licensing requirements; clarifying licensure and certification reciprocity; expanding elements of prohibited sexual exploitation; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 33
‑
38
‑
106(b)(intro), (c)(intro), (d)(i), by creating a new paragraph (iii),
by
renumbering (iii) as (iv)
, by amending and renumbering (iv) as (v), by renumbering
(v) as (vi)
,
(n)(intro) and by creating a new paragraph (vi), 33
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38
‑
108 and 33
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38
‑
110(c)(x) are amended to read:

33
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38
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106.

Requirements for licensure and certification.

(b)

Certification under this subsection shall allow practice as a certified social worker only under the supervision of a qualified clinical supervisor and subject to any other restrictions which may be specified by the board.
T
he board shall grant certification as a certified social worker to any applicant who files an application upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and who furnishes satisfactory evidence to the board of the following:

(c)

Certification under this subsection shall allow practice as a certified addictions practitioner only under the supervision of a qualified clinical supervisor and subject to any other restrictions which may be specified by the board.

The board shall grant certification as a certified addictions practitioner to any applicant who files an application upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and who furnishes satisfactory evidence to the board of the following:

(d)

Provisional licensure is a means to continue progress towards satisfactory completion of all licensure requirements under this act. Upon review and approval by the designated board member or board, the board shall issue a provisional license to any applicant who files an application upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and who furnishes satisfactory evidence to the board of the following:

(i)

The applicant has
satisfied all requirements for licensure other than the requirements for examination and completion of the required hours of supervised clinical experience
reached the age of majority
;

(iii)

The applicant meets one (1) of the following educational requirements:

(A)

Holds a master's or doctorate degree in one (1) of the disciplines identified from an accredited program and institution of high
er
education which is professional in content and which meets the academic and training content standards established by the board; or

(B)

Holds a master's or doctorate degree which is clinical in content from a regionally accredited institution of higher education in one (1) of the disciplines identified. During the term of provisional licensure under this subsection, the applicant shall complete any program deficiencies required to meet the academic and training content standards established by the board; or

(C)

Holds a license for independent clinical practice in good standing in the identified discipline for another licensing jurisdiction which does not meet the criteria for reciprocal licensure under this act. During the term of provisional licensure under this subsection, the applicant shall complete any program deficiencies required to meet the academic and training content standards established by the board.

(iii)
(iv)

The provisional licensed professional counselor, clinical social worker, marriage and family therapist and addictions therapist shall be allowed to practice only under the supervision of a qualified clinical supervisor and in accordance with any other restrictions specified by the board;

(iv)
(v)

Unless extended, the provisional license shall expire thirty-six (36) months after issuance or upon
receipt by the board of the applicant's passing examination results, and completion of the required hours of supervision whichever occurs first
issuance of a license under this act by the board
;

(v)
(vi)

The board may, for good cause shown, grant an extension of a provisional license subject to any additional restrictions specified by the board.

(n)

Certification under this subsection shall allow practice as a certified addictions practitioner assistant only under the supervision of a qualified clinical supervisor and subject to any other restrictions which may be specified by the board.

The board shall grant certification as a certified addictions practitioner assistant to any applicant who files an application upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and who furnishes satisfactory evidence to the board of the following:

(vi)

Unless extended, the applicant has six (6) months from the date of employment to become certified. The board may for good cause grant an extension of this period.

33
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38
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108.

Reciprocity.

(a)

The board may issue a license or certification by endorsement
Any individual holding a license in good standing
to engage in the practice of professional counseling, clinical social work,
social work,
marriage and family therapy and addictions therapy
and treatment to any applicant who has a license or certificate in good standing with no formal complaints or sanctions as a professional counselor, a marriage and family therapist, a clinical social worker,
under the laws of another state having licensure requirements substantially similar to
those
required
by
this act may upon approval of the board, be issued a license to practice in this state.

(b)

Any individual holding a certification in good standing to engage in the practice of

social
worker, mental health worker, addictions practitioner
work
or
an
addictions
therapist
therapy
under the laws of another
jurisdiction if the applicant presents proof satisfactory to the board that, at the time of application for a Wyoming license or
state having
certification
by endorsement, the applicant possesses credentials and qualifications
requirements
substantially
comparable
similar

to those required by this act
as determined
by
may upon approval
of

the board
, be issued certification to practice in this state
.

(c)

The board shall promulgate rules and regulations setting forth the manner in which credentials
will
shall
be reviewed by the board.

33
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38
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110.

Prohibited acts; penalties.

(c)

The board may refuse to renew, or may deny, suspend, revoke or otherwise restrict licensure or certification under this act for any of the following causes:

(x)

Sexual exploitation

as defined by the board,
of a
patient
client, former client or an individual receiving services from
any
licensee or certificate holder
employed by the organization
,
defined as
including
:

(A)

Any
verbal
behavior by a licensee or certificate holder under this
chapter
act
which involves offers of exchange of professional services for some form of sexual gratification; or

(B)

Unlawful or unprofessional sexual contact

or intimacies as defined by rule of the board,
with a client
, former client or an individual receiving services from
any
licensee or certificate holder
employed by the organization
.

Section 2.

W.S. 33
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38
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106(b)(iv), (c)(iv) and (n)(iv) is repealed.

Section 3.

This act is effective July 1, 2007.

(END)

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HB0305