Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 119. Counseling Professionals (heading. Pl 1989, C. 465, @3 (new))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 119. COUNSELING PROFESSIONALS (HEADING. PL 1989, c. 465, @3 (new))

Title 32 - §13851. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13851. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 465, §3 (new).]

1. Board. [1991, c. 263, §5 (rp); §6 (aff)]

2. Clinical professional counselor. "Clinical professional counselor" means a professional counselor who renders or offers to render for a fee, monetary or otherwise, to individuals, families, groups, organizations or the general public, a counseling service involving the application of the principles and procedures of counseling to assess and treat intrapersonal and interpersonal problems and other dysfunctional behaviors and to assist in the overall development and adjustment of those served. [1989, c. 465, §3 (new).]

3. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1989, c. 465, §3 (new).]

4. Conditional license. "Conditional license" means a license granted to an applicant for licensure who has met all the requirements defined in section 13858, except for supervised experience. [1989, c. 465, §3 (new); c. 895, §2 (amd).]

4-A. Counselor. "Counselor" means an individual who for a fee, monetary or otherwise, engages in any of the procedures of counseling defined in subsection 8. [1989, c. 895, §3 (new).]

5. Department. "Department" means the Department of Professional and Financial Regulation. [1989, c. 465, §3 (new).]

6. Marital and family therapy services. "Marital and family therapy services" means the assessment and treatment of intrapersonal and interpersonal problems through the application of principles, methods and therapeutic techniques for the purpose of resolving emotional conflicts, modifying perceptions and behavior, enhancing communication and understanding among all family members, and preventing family and individual crises. [1989, c. 465, §3 (new).]

7. Marriage and family therapist. "Marriage and family therapist" means a person who renders or offers to render for a fee, monetary or otherwise, marital and family therapy services. [1989, c. 465, §3 (new).]

7-A. Pastoral counselor. "Pastoral counselor" means an individual who is trained and certified to provide for a fee, monetary or otherwise, pastoral counseling, which is ministry to individuals, families, couples, groups, organizations and the general public involving the application of principles and procedures of counseling to assess and treat intrapersonal and interpersonal problems and other dysfunctional behavior of a social and spiritual nature, and to assist in the overall development and healing process of those served. [1989, c. 895, §3 (new).]

8. Procedures of counseling. "Procedures of counseling" means methods and techniques that include, but are not limited to, the following.

A. "Assessment" means selecting, administering and interpreting instruments designed to assess personal, interpersonal and group characteristics. [1989, c. 465, §3 (new).]

B. "Consulting" means the application of scientific principles and procedures in counseling to provide assistance in understanding and solving a current or potential problem that the client may have in relation to a 3rd party, be it an individual, a family, a group or an organization. [1989, c. 465, §3 (new).]

C. "Counseling" means assisting individuals, families or groups through the counseling relationship to develop understanding of intrapersonal and interpersonal problems, to define goals, to make decisions, to plan a course of action reflecting their needs, and to use information and community resources, as these procedures are related to personal, social, educational and vocational development. [1989, c. 465, §3 (new).]

D. "Referral" means the evaluation of information to identify needs or problems of the counselee and to determine the advisability of referral to other specialists, informing the counselee of that judgment, and communicating as requested or deemed appropriate with referral sources. [1989, c. 465, §3 (new).]

[1989, c. 465, §3 (new).]

9. Professional counselor. "Professional counselor" means a person who, for a fee, monetary or otherwise, renders or offers to render to individuals, families, groups, organizations or the general public a service involving the application of principles and procedures of counseling to assist those served in achieving more effective personal, emotional, social, educational and vocational development and adjustment. [1989, c. 465, §3 (new).] 32 §13851 Definitions (REPEALED by PL 1989, c. 878, Pt. A, §101)

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Title 32 - §13852. Board of Counseling Professionals Licensure; establishment; compensation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13852. Board of Counseling Professionals Licensure; establishment; compensation

1. Establishment. The Board of Counseling Professionals Licensure within the Department of Professional and Financial Regulation as established by Title 5, section 12004-A, subsection 9-C, shall carry out the purposes of this chapter. [1999, c. 790, Pt. B, §4 (amd).]

2. Members. The board consists of 9 members, 8 of them appointed by the Governor. Each member must be a citizen of the United States and a resident of this State. Six members must be licensed counseling professionals under this chapter, 2 of whom must be professional counselors, 2 must be clinical professional counselors, one must be a marriage and family therapist and one must be a pastoral counselor. Each counselor member must have been, for at least 5 years immediately preceding appointment, actively engaged as a practitioner, educator or researcher. Two members must be representatives of the general public and may not be currently practicing counseling or receiving compensation for counseling services. One of the 2 public members must be a consumer of counseling services. One member, appointed by the Chancellor of the University of Maine System, must be a member of the university faculty involved in the training of counselors. [1999, c. 687, Pt. E, §10 (amd).]

3. Officers. The board shall elect a chair and secretary at its first meeting of each year, provided that no person may serve as chair for more than 3 years. [1999, c. 687, Pt. E, §11 (amd).]

4. Terms of office. Appointments are for terms of 3 years each. Appointments of members must comply with section 60. [1999, c. 687, Pt. E, §12 (amd).]

5. Removal. The Governor may remove any member of the board for cause and the reason for the termination of each appointment must be communicated to each member so terminated. The appointment of any member of the board must be terminated if a member is absent for 6 consecutive board meetings without good and just cause that is communicated to the chair. [1989, c. 465, §3 (new); c. 895, §4 (amd).]

6. Compensation. [1995, c. 397, §113 (rp).]

7. Meetings; quorum. The board shall hold at least 2 regular meetings each year. Additional meetings may be held upon the call of the chair or the secretary or upon the written request of any 2 board members. Five members of the board constitute a quorum. [1999, c. 687, Pt. E, §13 (amd).] 32 §13852 Board of Counseling Professionals Licensure; establishment; compensation (REPEALED by PL 1989, c. 878, Pt. A, §101)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Title 32 - §13853. Powers and duties of the board

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13853. Powers and duties of the board

The board shall have the following powers and duties in addition to all other powers and duties otherwise set forth in this chapter. [1989, c. 465, §3 (new).]

1. Standards. The board shall administer and enforce this chapter, set forth education and examination standards and evaluate the qualifications for licensure. [1989, c. 465, §3 (new).]

2. Rules. The board may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, rules necessary to carry out the purposes of this chapter. [1989, c. 465, §3 (new).]

3. Complaints. The board shall investigate or cause to be investigated all complaints made on its own motion or on written complaint filed with the board and all cases of noncompliance with or violation of this chapter or any rules adopted by the board. [1989, c. 465, §3 (new).]

4. Records. The board shall keep records and minutes as are necessary to the ordinary dispatch of its functions. [1989, c. 465, §3 (new).]

5. Reports. The board shall submit to the commissioner its annual report of its operations for the preceding fiscal year no later than August 1st of each year. [1989, c. 465, §3 (new).]

6. Contracts. [1995, c. 397, §114 (rp).]

7. Budget. [1995, c. 397, §114 (rp).]

8. Register. The department shall make available, at cost, a register that shall contain the names of all individuals licensed by the board. [1989, c. 465, §3 (new).]

9. Employees. [1995, c. 397, §114 (rp).]

10. Officers and secretary duties. The board shall elect from among its members officers as it determines necessary. The secretary shall keep records and minutes of all activities and meetings. [1989, c. 465, §3 (new); c. 895, §5 (amd).]

11. Code of ethics. The board shall adopt a code of ethics generally in keeping with standards established by the national professional associations concerned with the areas of board responsibility. [1989, c. 465, §3 (new).]

12. Hearings. The board shall conduct hearings to assist with investigations and to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. [1989, c. 465, §3 (new).]

13. Disclosure statements. Under this chapter all licensees and registrants are required to provide disclosure statements prior to treatments. The board may adopt, by rule, a standard disclosure statement. This disclosure statement must include, but not be limited to, the name and address of the licensee or registrant, the original date and the expiration date of the license, the proposed course of treatment and financial arrangements for clients. The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for a hearing is received by the board within 30 days of the applicant's receipt of a written notice of the denial of the application, the reasons for and the right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. [1989, c. 465, §3 (new); c. 895, §5 (amd).]

14. Issue licenses. The board shall issue licenses as necessary to implement this chapter. [1989, c. 895, §6 (new); §22 (aff).]

15. Client bill of rights. The board shall specify the information that counselors are to include in a client bill of rights that is to be provided to all clients by all counselors. [1989, c. 895, §6 (new).] 32 §13853 Powers and duties of the board (REPEALED by PL 1989, c. 878, Pt. A, §101)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §13854. Licensing

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13854. Licensing

1. Licensing. Effective October 1, 1992, a person may not, unless specifically exempted by this chapter, profess to be a clinical professional counselor, professional counselor, marriage and family therapist, licensed pastoral counselor or conditional license holder unless licensed in accordance with this chapter. [2001, c. 421, Pt. B, §102 (amd); Pt. C, §1 (aff).]

2. Individual licensing. Only an individual may be licensed under this chapter. [1989, c. 465, §3 (new).]

3. Violation; injunction. A person who violates any provision of this chapter for which a penalty is not specifically provided commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether other administrative, civil or criminal proceedings have been or may be instituted. [2001, c. 421, Pt. B, §103 (amd); Pt. C, §1 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §13855. Psychological testing; assessment services

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§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 services of psychological testing. The board shall adopt ethical standards relating to the utilization of assessment techniques. [1989, c. 465, §3 (new); c. 895, §8 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §13856. Exemptions to licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§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 abuse counselors performing counseling consistent with the laws of the State governing their practices. [1989, c. 465, §3 (new); c. 895, §9 (amd).]

2. Government and school employees. Nothing in this chapter may be construed to apply to the activities and services of an employee or other agent of a recognized academic institution; employee assistance program; a federal, state, county or local government institution, program, agency or facility; or a school committee, school district, school approved for attendance purposes pursuant to Title 20-A, section 2901, school board or board of trustees, provided that the individual is performing those activities solely within the agency or under the jurisdiction of that agency and provided further that a license granted under this chapter is not a requirement for employment. [1989, c. 465, §3 (new); c. 895, §9 (amd).]

3. Clergy. Nothing in this chapter may be construed to apply to the activities and services of any priest, rabbi, clergyman, including a Christian Science healer, or minister of the gospel of any religious denomination when performing counseling services as part of religious duties and in connection with a specific synagogue or church of any religious denomination. [1989, c. 465, §3 (new); c. 895, §9 (amd).]

4. Interns. Nothing in this chapter may be construed to apply to the activities and services of a student, intern or trainee in counseling or marriage and family therapy pursuing a course of study in counseling or marriage and family therapy in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study. [1989, c. 465, §3 (new).]

5. Lecturers; consultants. Nothing in this chapter may be construed to apply to the activities and services of visiting lecturers or the occasional services of qualified consultants from outside the State, or the use of occasional services of organizations from outside the State employing qualified counselors. [1989, c. 465, §3 (new).]

6. Peer groups; self-help groups. Nothing in this chapter shall be construed to prevent members of peer groups or self-help groups from performing peer counseling solely in the context of the peer groups or self-help groups. [1989, c. 465, §3 (new).]

7. Management consultants. Nothing in this chapter applies to the activities and services of any management consultant when performing services, counseling or otherwise, with clients other than private individuals. Such clients include, but are not limited to, for-profit and nonprofit corporations, partnerships, sole proprietorships, academic institutions and governmental entities. [1989, c. 895, §10 (new).]

8. Educational and career consultants. Nothing in this chapter applies to the counseling activities of educational, vocational or career consultants when performed as an adjunct to their prime function of educational, vocational or career consultation. [1989, c. 895, §10 (new).]

9. Human resource and organizational developers. Nothing in this chapter applies to the counseling activities of human resource developers and organizational developers when this counseling is an adjunct to their prime function. [1989, c. 895, §10 (new).]

10. Other exemptions. Nothing in this chapter applies to the activities and services of individuals who practice as expressive art therapists, energy field workers, astrologers, tarot card readers, psychic diviners, aromatherapists, crystal workers, palm readers or practitioners of similar disciplines as determined by the board. [1989, c. 895, §10 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §13857. Nonresidents; applicants licensed in another jurisdiction

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13857. Nonresidents; applicants licensed in another jurisdiction

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. [2003, c. 542, §1 (new).]

2. Applicants licensed in another jurisdiction. An applicant who is licensed under the laws of another jurisdiction is governed by this subsection.

A. An applicant who is licensed under the laws of a jurisdiction that has a reciprocal agreement with the Board of Counseling Professionals Licensure may obtain a license under the terms and conditions as agreed upon through the reciprocal agreement. [2003, c. 542, §1 (new).]

B. An applicant who is licensed in good standing at the time of application to the board under the laws of a jurisdiction that has not entered into a reciprocal agreement with the Board of Counseling Professionals Licensure may qualify for licensure by submitting evidence to the board that the applicant has actively practiced with a substantially equivalent license for at least 5 consecutive years immediately preceding application to the board at the level of licensure applied for in this State. [2003, c. 542, §1 (new).]

C. An applicant who is licensed in good standing at the time of application to the board under the laws of a jurisdiction that has not entered into a reciprocal agreement and who does not meet the requirements of paragraph B may qualify for licensure by submitting evidence satisfactory to the board that the applicant's qualifications for licensure are substantially similar to those requirements in this chapter. [2003, c. 542, §1 (new).]

D. All nonresident applicants shall submit with the application an irrevocable consent to service of process on the applicant for an action filed in a court of this State arising out of the applicant's activities as a licensee in this State. Service may be made by delivery of the process to the Director of the Office of Licensing and Registration within the department if, in the exercise of due diligence, a plaintiff can not effect personal service upon the applicant. [2003, c. 542, §1 (new).]

[2003, c. 542, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §13858. Requirements for licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (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 a manner as to safeguard the interests of the public. The license categories "licensed clinical professional counselor," "licensed pastoral counselor" and "licensed marriage and family therapist" are of equivalent clinical status. Clinical status grants the ability to diagnose and treat mental health disorders. [1999, c. 386, Pt. T, §2 (amd).] div>
The following shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for licensure under this chapter. [1989, c. 465, §3 (new).]

1. Licensed professional counselor. To be qualified as a licensed professional counselor, an applicant must demonstrate to the satisfaction of the board adherence to the ethics of the counseling profession, successfully complete the examination prescribed by the board and have:

A. A master's degree or a doctoral degree in counseling or an allied mental health field from an accredited institution or a program approved by the board. Such schooling must include a minimum core curriculum and total credit hours as adopted by the board; and [2003, c. 542, §2 (amd).]

B. Two years of experience after obtainment of a master's degree or a doctoral degree with a minimum of 2,000 hours of supervised experience. [2003, c. 542, §2 (amd).]

[2003, c. 542, §2 (amd).]

2. Licensed clinical professional counselor. To be qualified as a licensed clinical professional counselor, an applicant must demonstrate to the satisfaction of the board adherence to the ethics of the counseling profession, successfully complete the examination prescribed by the board and have:

A. A master's degree or a doctoral degree in counseling or an allied mental health field from an accredited institution or a program approved by the board. Such schooling must include a minimum core curriculum and total credit hours as adopted by the board; and [2003, c. 542, §2 (amd).]

B. Two years of experience after obtainment of a master's degree or a doctoral degree to include at least 3,000 hours of supervised clinical experience with a minimum of 100 hours of personal supervision. [2003, c. 542, §2 (amd).]

[2003, c. 542, §2 (amd).]

3. Licensed marriage and family therapist. To be qualified as a licensed marriage and family therapist, an applicant must demonstrate to the satisfaction of the board adherence to the ethics of the counseling profession, successfully complete the examination prescribed by the board and have:

A. A master's degree or a doctoral degree in marriage and family therapy or its equivalent from an accredited institution or a program approved by the board. Such schooling must include a minimum core curriculum to include a one-year clinical practicum and total credit hours adopted by the board; and [2003, c. 542, §2 (amd).]

B. Two years of experience after obtainment of a master's degree or a doctoral degree comprised of at least 1,000 hours of direct clinical contact with couples and families and 200 hours of supervision, at least 100 of which must be individual supervision. [2003, c. 542, §2 (amd).]

[2003, c. 542, §2 (amd).]

3-A. Licensed pastoral counselor. To be qualified as a licensed pastoral counselor, an applicant must have:

A. Demonstrated to the satisfaction of the board adherence to the standard ethics of the pastoral counseling profession; [1989, c. 895, §12 (new).]

B. Received a Master of Divinity degree or a Doctor of Divinity degree, or an equivalent degree approved by the board, from an accredited institution or a program approved by the board. Academic preparation includes a minimum graduate core curriculum to include 20 credit hours of counseling and human relations and 400 hours of clinical pastoral education; [2003, c. 542, §3 (amd).]

C. Two years of experience after attainment of the degree, comprised of at least 1,000 hours of direct clinical contact with individuals, couples and families; [1989, c. 895, §12 (new).]

D. Two hundred hours of supervision, including at least 13 of those hours with a certified pastoral counseling supervisor, at least 30 hours of which must be interdisciplinary, 30 hours of which must be individual supervision by one supervisor of no more than 3 cases from intake to termination, and 70 hours of which must be individual supervision of multiple case material; [1989, c. 895, §12 (new).]

E. A call, appointment or charge by a church, synagogue, religious order or other clearly defined legal religious organization to perform these services as a function of ministry; and [1989, c. 895, §12 (new).]

F. Completed successfully the examination prescribed by the board pursuant to subsection 5. [1989, c. 895, §12 (new).]

[2003, c. 542, §3 (amd).]

4. Supervision. Supervision may be provided by a qualified and duly certified or licensed counseling professional, clinical social worker, psychologist or psychiatrist. Any other supervisor must be individually approved by the board. [1989, c. 465, §3 (new).]

5. Examination. All applicants are required to pass a written examination in subjects the board deems necessary to determine the fitness of the applicant to practice. The board shall establish the passing score for all examinations. Examinations must be held at least twice a year. The examination must be graded using established written base line scores for failure or passage, be based on accepted counseling criteria and include measurable and clearly defined procedures for grading the results and issuing a pass or fail decision. Decisions on all examinations must be in writing and include a grade and, whenever possible, a summary of the criteria for the grade and an explanation of the procedure for reexamination or appeal. [1989, c. 465, §3 (new); c. 895, §13 (amd).]

6. Existing counselors. [1995, c. 259, §1 (rp).]

7. License not allowed. Notwithstanding subsections 1 to 5, an individual whose license, certification or registration has been revoked or suspended in this or any other state and in this or any other related field, may not be licensed under this section, unless the period of revocation or suspension has been completed and the board has conducted a competency review and determined that an acceptable degree of rehabilitation has been accomplished. [1995, c. 259, §2 (amd).]

8. Rulemaking. The board shall adopt rules to implement the provisions of subsections 1, 2 and 3 and subsection 3-A, paragraph B. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [2003, c. 542, §4 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13859. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13859. Fees

1. Amount. Application and examination fees may be established by the board in amounts which are reasonable and necessary for their respective purposes. License fees may not exceed the following amounts.

A. Original and renewal fees for clinical professional counselor, professional counselor, marriage and family counselor or pastoral counselor - $300 biennially. [1989, c. 465, §3 (new); c. 895, §15 (amd).]

B. Original and renewal fees for conditional counselor - $150 biennially. [1989, c. 465, §3 (new).]

[1989, c. 465, §3 (new); c. 895, §15 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13860. Terms of licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13860. Terms of licenses

1. Biennial renewal. Licenses shall expire biennially on December 31st or on such other date as the commissioner determines. Notice of expiration shall be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. The notice shall include any requests for information necessary for renewal. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license renewal date shall be subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal examination is made within 2 years from the date of that expiration. [1989, c. 465, §3 (new).]

2. Continuing education and supervision. The board, by rule, may establish continuing education and supervision requirements. Applicants for renewal of license must show proof of satisfying the continuing education requirements set forth by the board. If a license lapses due to failure of the licensee to meet continuing education requirements, the licensee may renew the license upon completion of the required continuing education. [1997, c. 128, §1 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13861. Disciplinary action grounds; procedure; complaints

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13861. Disciplinary action grounds; procedure; complaints

1. Grounds. The board may suspend, revoke or refuse to renew a license or registration pursuant to Title 5, section 10004. In addition, the board may take any other action pursuant to Title 10, section 8003, subsection 5. The board's actions may be taken based on any of the following grounds:

A. The practice of fraud or deceit in obtaining a license or in registering under this chapter or in connection with service rendered within the scope of the license issued; [1989, c. 465, §3 (new); c. 895, §17 (amd).]

B. Habitual substance abuse or abuse of other drugs listed as controlled substances by the drug enforcement administration that has resulted or is forseeably likely to result in the licensee performing services in a manner that endangers the health or safety of patients; [1993, c. 600, Pt. A, §274 (amd).]

C. A medical finding of mental incompetency; [1989, c. 465, §3 (new).]

D. Aiding or abetting a person not duly licensed under this chapter who represents that person as being so; [1989, c. 465, §3 (new).]

E. Incompetence in the practice of counseling. A licensee or registrant shall be deemed incompetent in the practice if the licensee or registrant has engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee or registrant to a client, patient or the general public, or has engaged in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which that person is licensed or registered; [1989, c. 465, §3 (new); c. 895, §17 (amd).]

F. Unprofessional conduct, which is the violation of any client bill of rights, standard of professional behavior or code of ethics adopted by the board; [1989, c. 465, §3 (new); c. 895, §17 (amd).]

G. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement or that relates directly to the practice of counseling, or conviction of any crime for which incarceration for one year or more may be imposed; [1989, c. 465, §3 (new).]

H. The licensee or registrant has had any professional or occupational license revoked for disciplinary reasons, or any application rejected for reasons relating to untrustworthiness, within 3 years of the date of application; or [1989, c. 465, §3 (new); c. 895, §17 (amd).]

I. Violation of any provisions of this chapter or any rule of the board. [1989, c. 465, §3 (new).]

[1993, c. 600, Pt. A, §274 (amd).]

2. Procedure. Except as provided in Title 5, section 10004, a license or registration may not be denied, suspended, or revoked nor renewal or registration refused for the reasons set forth in subsection 1, without prior written notice and opportunity for hearing on that denial, suspension or revocation. The burden of proof is on the board in any proceeding to suspend or revoke a license or registration. A license or registration may not be denied, suspended or revoked under this section except by majority vote of the board. [1989, c. 465, §3 (new); c. 895, §17 (amd).]

3. Complaints. Any person may file a complaint with the board seeking disciplinary action against the holder of a license issued by the board or a person registered with the board. Complaints must be in writing in a form prescribed by the board by rule. If the board determines that a complaint alleges facts that, if true, would require denial, revocation, suspension, nonrenewal of a license, registration or other disciplinary action, the board shall conduct a hearing pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. Whenever the board establishes that a complaint does not state facts that warrant a hearing, the complaint may be dismissed. Persons making complaints must be advised in writing of each formal decision made by the board regarding that complaint. Any individual whose license or registration has been denied, suspended or revoked may apply to the board for licensure or registration reinstatement one year after the date of the board's original action. A competency review is a condition of reinstatement. The board shall determine the nature of this review. The board shall conduct its proceedings in accordance with the provisions of Title 5, chapter 375, subchapter IV. [1989, c. 465, §3 (new); c. 895, §17 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13862. Privileged communication

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§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 and family therapy services to the client in a professional and contractual capacity if that information was necessary to enable the licensee to furnish professional counseling services to the client. When the physical or mental condition of the client is an issue in that action, suit or proceeding or when a court in the exercise of sound discretion determines the disclosure necessary to the proper administration of justice, information communicated to or otherwise learned by that licensed or registered person in connection with the provision of counseling or marriage and family therapy services may not be privileged and disclosure may be required. [1989, c. 465, §3 (new); c. 895, §18 (amd).] div>
Nothing in this section may prohibit disclosure by a person licensed under this chapter of information concerning a client when that disclosure is required by law and nothing in this section may modify or affect Title 22, sections 3477 to 3479-A and 4011-A to 4015. [2001, c. 345, §10 (amd).] div>
This section may not be construed to prevent a 3rd-party reimburser from inspecting and copying, in the ordinary course of determining eligibility for or entitlement to benefits, any and all records relating to the diagnosis, treatment or other services provided to any persons, including a minor or incompetent, for which coverage, benefit or reimbursement is claimed as long as the policy or certificate under which the claim is made provides that access to those records is permitted. This section may not be construed to prevent access to any records pursuant to any peer review or utilization review procedures applied and implemented in good faith. [1989, c. 465, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13863. Registration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§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 l3858 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 every 2 years. Each individual who registers shall fill out a form designed by the board. [1991, c. 548, Pt. A, §25 (rpr).]

2. Information required. Each individual who registers shall provide the following information on the form designed by the board. The board shall compile this information and make it available to the public upon request and for a fee that covers the cost of making information available. The information that must be provided includes:

A. Name, address and telephone number of individuals registering; [1991, c. 548, Pt. A, §25 (rpr).]

B. Major fields of training and expertise, including degrees and professional certifications held and from where they were conferred; [1991, c. 548, Pt. A, §25 (rpr).]

C. Method of billing and previous experience and policy with regard to 3rd-party payments; [1991, c. 548, Pt. A, §25 (rpr).]

D. The fee schedule and provisions for pro bono work or sliding scale modifications of the fee schedule; and [1991, c. 548, Pt. A, §25 (rpr).]

E. A description of the individual's practice. [1991, c. 548, Pt. A, §25 (rpr).]

[1991, c. 548, Pt. A, §25 (rpr).]

3. Client bill of rights; code of ethics. Each individual who registers under this section shall sign, post and make a copy available to each client of:

A. The client bill of rights approved by the board; [1991, c. 548, Pt. A, §25 (rpr).]

B. The code of professional ethics approved by the board; and [1991, c. 548, Pt. A, §25 (rpr).]

C. The name and telephone number of the board's complaint officer and a description of the complaint process. [1991, c. 548, Pt. A, §25 (rpr).]

[1991, c. 548, Pt. A, §25 (rpr).]

4. Registration fee. Each individual registering under this section shall pay a registration fee, not to exceed $50 biennially, established by the board for the purposes of the administration of this section. [1991, c. 548, Pt. A, §25 (rpr).]

5. Registration not allowed. An individual, whose license, certification or registration has been revoked or suspended in this or any other state and in this or any related field, may not register to practice in this State unless the period of revocation or suspension has been completed and the board has conducted a competency review and determined that rehabilitation has taken place. [1991, c. 548, Pt. A, §25 (rpr).]

6. Disciplinary action. Any individual who is registered under this section is subject to section 13861. [1991, c. 548, Pt. A, §25 (rpr).]

7. Registration not certification. Registration does not imply or certify in any way that the registrant has met any standards or criteria of education or training. [1991, c. 548, Pt. A, §25 (rpr).]

8. Effective date. This section takes effect October 1, 1992. [1991, c. 548, Pt. A, §25 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13864. Inactive licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§13864. Inactive licenses

Any 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 surrender that license to the board for placement on inactive status. The board may place the license on inactive status only upon proper application by the licensee. During inactive status, the licensee must renew the license biennially, but is not required to meet the continuing education requirements under section 13860, subsection 2. The board shall adopt rules by which a license in an inactive status may be reactivated. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II-A. [1997, c. 128, §2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13865. Service of process; filing requirement

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 119: COUNSELING PROFESSIONALS (HEADING: PL 1989, c. 465, @3 (new))
§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 this State arising out of the licensee's activities as a licensee in this State. Service may be made by delivery of the process to the Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation if, in the exercise of due diligence, a plaintiff can not effect personal service upon the licensee. [2003, c. 542, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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