§13851. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 465, §3 (NEW).] 1. Board. [PL 1991, c. 263, §5 (RP); PL 1991, c. 263, §6 (AFF).] 1-A. Board. “Board” means the Board of Counseling Professionals Licensure, established in section 13852. […]
§13852. Board of Counseling Professionals Licensure; establishment; compensation 1. Establishment. The Board of Counseling Professionals Licensure within the department as established by Title 5, section 12004‑A, subsection 9‑C, shall carry out the purposes of this chapter. [PL 2007, c. 402, Pt. EE, §2 (AMD).] 2. Members. The board consists of 8 members, 7 of […]
§13853. Powers and duties of the board The board has the following powers and duties in addition to all other powers and duties otherwise set forth in this chapter. [PL 2007, c. 402, Pt. EE, §3 (AMD).] 1. Standards. The board shall administer and enforce this chapter, set forth education and examination standards and […]
§13854. Licensing 1. Licensing. A person may not, unless specifically exempted by this chapter, be engaged in the practice of professional counseling or profess to the public to be a, or assume or use the title or designation of, clinical professional counselor, professional counselor, marriage and family therapist, licensed pastoral counselor, registered counselor or conditional […]
§13855. Psychological testing; assessment services Nothing in this chapter may be construed as permitting clinical professional counselors, professional counselors, marriage and family therapists, pastoral counselors or conditional license holders to hold themselves out to the public as psychologists or psychological examiners as defined in section 3811, subsection 1, or to offer primarily or solely the […]
§13856. Exemptions to licensure 1. Other professionals. Nothing in this chapter may be construed to apply to the activities and services of members of other professions licensed, certified or registered by the State such as, but not limited to, psychiatrists, physicians, psychologists, registered nurses, social workers and substance use disorder counselors performing counseling consistent with […]
§13857. Nonresidents; applicants licensed in another jurisdiction; licensure by endorsement 1. Reciprocal agreements. The Board of Counseling Professionals Licensure may enter into reciprocal agreements with other jurisdictions that have substantially similar licensure laws and accord substantially equal reciprocal rights to residents licensed in good standing in this State. [PL 2003, c. 542, §1 (NEW).] […]
§13858. Requirements for licensure To be eligible for a license to practice counseling at any level, an applicant must be at least 18 years of age and satisfactorily pass any examination as the board may prescribe by its rules. Each applicant must demonstrate trustworthiness and competence to engage in the practice of counseling in such […]
§13859. Fees The Director of the Office of Professional and Occupational Regulation within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300. Rules adopted pursuant to this section […]
§13860. Terms of licenses 1. Biennial renewal. Licenses expire biennially on December 31st or on such other date as the commissioner may determine. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 13859. Any […]
§13861-A. Denial or refusal to renew license; disciplinary action; reinstatement 1. Disciplinary action. In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for: A. […]
§13861. Disciplinary action grounds; procedure; complaints (REPEALED) SECTION HISTORY PL 1989, c. 465, §3 (NEW). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §17 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 1993, c. 600, §A274 (AMD). PL 2007, c. 402, Pt. EE, §8 (RP).
§13862. Privileged communication Except at the request or consent of the client, no person licensed under this chapter may be required to testify in any civil or criminal action, suit or proceeding at law or in equity respecting any information that the person licensed or registered may have acquired in providing counseling services or marriage […]
§13863. Registration 1. Registration. An individual may not engage in procedures of counseling for a fee, monetary or otherwise, unless that individual is licensed pursuant to section 13858 or registers with the department pursuant to this section. Each individual who is not licensed and who engages in procedures of counseling shall register with the department […]
§13864. Inactive status license A licensee who does not perform any of the activities described in section 13851, subsection 8 and who wants to preserve the license while not engaged in any counseling activity may apply for an inactive status license pursuant to Title 10, section 8003, subsection 5‑A, paragraph D, subparagraph (5). The fee […]
§13865. Service of process; filing requirement Licensees who maintain licensure in this State and establish legal residency in another jurisdiction shall submit to the Board of Counseling Professionals Licensure within 30 days of residency in another jurisdiction an irrevocable consent to service of process on the licensee for an action filed in a court of […]
§13866. Prohibition on providing conversion therapy to minors An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor. [PL 2019, c. 165, §33 (NEW).] Revisor’s Note: §13866. Duty to warn and protect as enacted by PL 2019, c. 317, §6 is REALLOCATED TITLE 32, SECTION 13867 SECTION […]
§13867. Duty to warn and protect (REALLOCATED FROM TITLE 32, SECTION 13866) 1. Duty. A licensee under this chapter has a duty to warn of or to take reasonable precautions to provide protection from a client’s violent behavior if the licensee has a reasonable belief based on communications with the client that the client is […]
§13868. Telehealth services 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Asynchronous encounter” means an interaction between a client and a person licensed under this chapter through a system that has the ability to store digital information, including, but not limited to, […]
§13869. Services to minors with consent of a parent or guardian (REALLOCATED FROM TITLE 32, SECTION 13868) A person licensed under this chapter as a clinical professional counselor who renders services under this chapter to a minor with the consent of one of the minor’s parents or the minor’s guardian is under no obligation to […]
