Bill Text: IN SB0024 | 2012 | Regular Session | Amended
Bill Title: Mental health issues.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [SB0024 Detail]
Download: Indiana-2012-SB0024-Amended.html
Citations Affected: IC 12-7; IC 12-21; IC 12-22; IC 12-23; IC 12-24;
IC 25-1; IC 25-23.6.
Effective: Upon passage; July 1, 2012.
January 4, 2012, read first time and referred to Committee on Health and Provider
Services.
January 19, 2012, amended, reported favorably _ Do Pass.
January 23, 2012, read second time, amended, ordered engrossed.
Digest Continued
applying for a social worker, marriage and family therapist, or counselor license to have a criminal background check. Clarifies a provision that requires an applicant for a license as a marriage and family therapist to have two years of postdegere clinical experience. (Reestablishes a provision that expired in 2011 concerning exempting certain individuals from the licensure requirement for addiction counselors. Repeals obsolete provisions concerning: (1) the dawn project; (2) the biennial opioid report; (3) the closing of Central State Hospital; (4) mandated bond requirements for superintendents of state hospitals; and (5) the definition of "maintain". Makes conforming changes. (The introduced version of this bill was prepared by the commission on mental health and addiction.)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
(1) The director.
(2) The division of mental health and addiction planning and advisory council.
(3) Other personnel necessary for the performance of the functions imposed upon the division under law.
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. As used in this
chapter, "council" refers to the division of mental health and addiction
planning and advisory council established by this chapter.
(1) The director.
(2) The state superintendent of public instruction or the superintendent's designee.
(3) The director of the office of Medicaid policy and planning, or the director's designee.
(4) The director of the bureau of rehabilitation services.
(5) The executive director of the Indiana housing and community development authority created by IC 5-20-1-3 or the executive director's designee.
(6) The director of the criminal justice institute or the director's designee.
(7) The director of the department of child services or the director's designee.
(A) are appointed by the secretary;
(B)
(C) are appointed for a term of four (4) years; and
(D) serve until a successor is appointed.
council after July 1 of each year, the director may appoint a
chairperson of the council from among the members of the council
for a term of one (1) year.
(b) Notwithstanding section 3(8)(C) of this chapter, for the appointments made in 2012, eleven (11) members shall be appointed for a term of four (4) years, and eleven (11) members shall be appointed for a term of three (3) years.
(b) A physician licensed under IC 25-22.5 may prescribe nicotine as is medically necessary for a resident of a state institution.
section, "employee" includes the superintendent of an institution.
(b) The director may require an employee of a state institution to
furnish a bond in an amount determined by the director. The director
shall require a superintendent to furnish a bond in an amount
determined by the director.
(c) A bond required by this section must be:
(1) payable to the state;
(2) conditioned upon the faithful performance of the employee's
duties;
(3) subject to the approval of the insurance commissioner; and
(4) filed in the office of the secretary of state.
(d) The premiums for a bond required by this section shall be paid
from the money of the division.
(e) The division may secure a standard form blanket bond or crime
insurance policy endorsed to include faithful performance that covers
all or any part of the employees of the division. A blanket bond or
crime insurance policy secured by the division under this subsection
must be in an amount of at least fifty thousand dollars ($50,000).
(f) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section.
(1) IC 25-2.5 (acupuncturists).
(2) IC 25-10 (chiropractors).
(3) IC 25-13 (dental hygienists).
(4) IC 25-14 (dentists).
(5) IC 25-14.5 (dietitians).
(6) IC 25-17.3 (genetic counselors).
(7) IC 25-19 (health facility and residential care facility administrators).
(8) IC 25-21.8 (massage therapists).
(9) IC 25-22.5 (physicians).
(10) IC 25-23 (nurses).
(11) IC 25-23.5 (occupational therapists).
(12) IC 25-23.6 (social workers, marriage and family therapists, and counselors).
(b) As used in this chapter, "national criminal history background check" means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification.
(c) An individual applying for an initial license or initial certificate specified in subsection (a) shall submit to a national criminal history background check at the cost of the individual.
(d) The state police department shall release the results of a national criminal history background check conducted under this section to the Indiana professional licensing agency.
(e) A board, a commission, or a committee may conduct a random audit and require an individual seeking a renewal of a license or a certificate specified in subsection (a) to submit to a national criminal history background check at the cost of the individual.
(1) graduation; or
(2) moving into Indiana;
that has an application deadline that is at least thirty (30) days after the date of graduation or the date of moving into Indiana, unless the individual chooses to meet a deadline that is less than thirty (30) days after either of those events.
(b) An applicant for a license as a marriage and family therapist under section 1 of this chapter must have at least two (2) years of postdegree clinical experience, during which at least fifty percent (50%) of the applicant's clients were receiving marriage and family therapy services. The applicant's clinical experience must include one thousand (1,000) hours of postdegree clinical experience and two hundred (200) hours of postdegree clinical supervision, of which one hundred (100) hours must be individual supervision, under the supervision of a licensed marriage and family therapist who has at least five (5) years of experience or an equivalent supervisor, as determined by the board.
(c) If an individual applies for, takes, and passes the first available
examination, the individual may not count more than five hundred
(500) hours of the postdegree clinical experience that is:
(1) required under subsection (b); and
(2) accumulated before taking the examination toward licensure
as a marriage and family therapist.
(d) If an individual does not pass the first available examination, the
individual may:
(1) retain the hours accumulated before taking the examination;
(2) continue working; and
(3) not accumulate any additional hours toward licensure as a
marriage and family therapist until passing the examination.
(e) If an individual does not take the first available examination, the
individual may not begin accumulating any postdegree clinical
experience hours toward licensure as a marriage and family therapist
until the individual passes the examination.
(f) When obtaining the clinical experience required under
subsection (b), the applicant must provide direct individual, group, and
family therapy and counseling to the following categories of cases:
(1) Unmarried couples.
(2) Married couples.
(3) Separating or divorcing couples.
(4) Family groups, including children.
(g) A doctoral internship may be applied toward the supervised
work experience requirement.
(h) Except as provided in subsection (i), the experience requirement
may be met by work performed at or away from the premises of the
supervising marriage and family therapist.
(i) The work requirement may not be performed away from the
supervising marriage and family therapist's premises if:
(1) the work is the independent private practice of marriage and
family therapy; and
(2) the work is not performed at a place that has the supervision
of a licensed marriage and family therapist or an equivalent
supervisor, as determined by the board.
(1) Holds:
(A) before December 31, 2012, a master's or doctor's degree in a human services or behavioral science discipline from an eligible postsecondary educational institution; or
(B) a valid:
(i) level II or higher certification or the equivalent certification from a credentialing agency approved by the division of mental health and addiction; or
(ii) certification as an addiction counselor or addiction therapist from a credentialing agency that is approved by the board.
(2) Furnishes satisfactory evidence to the board that the individual does not have a:
(A) conviction for a crime of violence (as defined in IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.
(3) Files an initial application to the board before December 31, 2012.
(b) The board shall exempt an individual from the requirements set forth in this article and grant the individual a clinical addiction counselor license if the board has not implemented licensure for clinical addiction counselors and the individual meets the following requirements:
(1) Holds, before December 31, 2012, a master's or doctor's degree in a human services or behavioral science discipline from an eligible postsecondary educational institution.
(2) Has at least five (5) years of clinical addiction counseling experience.
(3) Furnishes satisfactory evidence to the board that the individual does not have a:
(A) conviction for a crime of violence (as defined in IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.
(4) Holds a license in good standing as a:
(A) clinical social worker under IC 25-23.6-5-2;
(B) marriage and family therapist under IC 25-23.6-8-1;
(C) mental health counselor under IC 25-23.6-8.5-1; or
(D) psychologist under IC 25-33-1-5.1.
(5) Files an initial application with the board before December
31, 2012.
(c) The board shall exempt an individual from the requirements
set forth in this article and grant the individual an addiction
counselor license if the board has not implemented licensure for
clinical addiction counselors and the individual meets the following
requirements:
(1) Holds a valid:
(A) level II or higher certification or the equivalent
certification from a credentialing agency approved by the
division of mental health and addiction; or
(B) certification as an addiction counselor or addiction
therapist from a credentialing agency that is approved by
the board.
(2) Has at least ten (10) years of addiction counseling
experience.
(3) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(4) Files an initial application with the board before December
31, 2012.
(d) The board shall exempt an individual from the requirements
set forth in this article and grant the individual an addiction
counselor license if the board has not implemented licensure for
clinical addiction counselors and the individual meets the following
requirements:
(1) Has at least three (3) years of addiction counseling
experience.
(2) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(3) Holds a license in good standing as a:
(A) social worker under IC 25-23.6-5-1;
(B) clinical social worker under IC 25-23.6-5-2;
(C) marriage and family therapist under IC 25-23.6-8-1;
(D) mental health counselor under IC 25-23.6-8.5-1; or
(E) psychologist under IC 25-33-1-5.1.
(4) Files an initial application with the board before December
31, 2012.
(e) The board may exempt an individual from the requirements
set forth in this article and grant the individual a clinical addiction
counselor license if the board has not implemented licensure for
clinical addiction counselors and the individual meets the following
requirements:
(1) Holds, before December 31, 2012, a bachelor's degree in a
human services or behavioral science discipline from an
eligible postsecondary educational institution.
(2) Holds the following:
(A) A Level IV certification from the Indiana Counselors
Association on Alcohol and Drug Abuse.
(B) Certification at the Internationally Certified Advanced
Alcohol and Other Drug Abuse Counselor level from the
International Certification and Reciprocity Consortium.
(C) The level of certification from the National Association
of Alcohol and Drug Abuse Counselors that the board
determines is similar to the Level IV certification from the
Indiana Counselors Association on Alcohol and Drug
Abuse.
(3) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(4) Has at least twenty (20) years of clinical addiction
counseling experience.
(5) Files an initial application to the board before December
31, 2012.
(f) An exemption under this section from this article does not
include exempting the individual from paying any application or
renewal fees.
(g) This section expires December 31, 2012.