NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Kidd

 

DATE TYPED:

03/02/03

 

HB

 

 

SHORT TITLE:

Revise Counseling & Therapy Practice Act

 

SB

773

 

 

ANALYST:

Geisler

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

NFI

NFI

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to:  SB 614 and HB 714 also propose to amend the Counseling and Therapy Practice Act.

 

SOURCES OF INFORMATION

 

Regulation and Licensing Department (RLD)

Human Services Department (HSD)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 773 seeks to revise the Counseling and Therapy Practice Act.  SB 773 would update and streamline the Act, and sets forth that persons must be licensed and/or registered (as appropriate) to engage in the profession.  SB 773 would strengthen the definition section, and deletes superceded nomenclature.

 

The Counseling and Therapy Board is revised from 9 to 7 members, and the Board's duties are more fully defined and set forth.

 

SB 773 would reclassify all licensed professional mental health counselors as licensed professional clinical mental health counselors, and then amends the requirements for professional clinical mental health counselors.  SB 773 sets requirements for other counselors and therapists.

 

    


     Significant Issues

 

RLD is concerned that the purpose of  SB 773 is unclear.  Although there have been ongoing discussions about reducing or consolidating the numbers of different kinds of licenses issued by the Board, SB 773 appears to strip the Act of most of its statutory authority.

 

FISCAL IMPLICATIONS

 

Per RLD, fiscal implications are unclear.  HSD provides that the clarification of definitions of some practitioner categories will result in fewer people able to be licensed to practice, which might result in fewer claims being submitted for Medicaid mental health services.

 

ADMINISTRATIVE IMPLICATIONS

 

RLD notes that replacing existing statutory authority with rules would require a significant investment of staff time and effort in scheduling rule hearings, and in drafting, filing, and implementing rules.

 

HSD points out its staff will be required to review and update Medicaid policies based on changes in this bill.  This process could be completed within six months of enactment.

 

RELATIONSHIP

 

SB 773 relates to SB 614 and HB 714 in that all three bills propose to amend the Counseling and Therapy Practice Act.  However, RLD believes that SB614 and HB714 take a more measured approach to revising and streamlining the Act.  RLD has been meeting with bill sponsors and a substitute bill may be introduced to supercede these bills.

 

AMENDMENTS

 

Provided by HSD:

 

In 61-9A-9, section A (3) of SB 773, the board may “establish the passing scores for examination”.  HSD proposes that this should be amended to include the phrase “with consultation from appropriate educational testing agencies” or similar language.

 

GGG/yr