Updates to licensure rules and laws – A summary

** ATTENTION: Page consistently under construction as changes occur**

Hello IMHCA! There has been a lot going on in relation to our license in the past few years. Here is a summary with links to documents, laws, Iowa code, and Iowa administrative code. Last updated on 2/7/2025.

Iowa Administrative Code has moved (October 1, 2024):

The restructuring of Iowa Health and Human Services (HHS) has lead to movement of the Iowa administrative code (IAC) as written. Our chapters (645. 31, 32, AND 33 were moved to IAC 481. 891, 892, and 893 with additional information for the adoption of rules in Chapter 894:

_____________________________

Combining Licensure Boards:

Effective May 17, 2024: https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=SF%202385

SF 2385: This bill encompasses the governor’s recommendations on boards and commissions. It combines the boards of psychology, social work and behavioral science into one board. Language was added to create advisory committees for each of the old boards who will make recommendations to the full board on licensure cases and implementation of rules and statutes. In addition, a representative of the behavior analysts was added to the board. The bill is before the governor for her consideration. IMHCA registered opposed to the bill but was appreciative of the changes made to the consolidation of the three boards.

_____________________________

Licensure Endorsement Updates and Direct Observation in Supervision Prohibited

Effective April 19, 2024: https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=HF%202515

HF 2515: This bill that was signed and made law does two things. First, it aligns the requirements for licensure by endorsement or MHCs and MFTs with the current process used by social workers. The board of behavioral science is moving a rule through the process that also accomplishes this. Second, the bill prohibits the boards of social work and behavioral science from requiring that the supervised training requirements include video or recorded sessions with clients. Governor Reynolds signed the bill into law on April 19. IMHCA registered in support of this bill.

_____________________________

January 10, 2023 Governor Reynolds issued Executive Order 10 (https://educate.iowa.gov/eo10):

Adminstrative Rule Changes were required: EO10 requires all state agencies to identify which administrative rule chapters will be retained or rescinded with the purpose of eliminating unnecessary regulations. The Iowa Department of Education (Department) and its aligned state agencies were issued deadlines to complete their work under EO10. The Iowa Department of Public Health was where our Licensing Board was situated in state government at the time.

In response to EO10, the Administrative Rules Change (ARC) 7293C was issued. This was published on 1/24/2024 and public comment was closed on 2/14/2024. (https://rules.iowa.gov/Notice/Details/7293C), IMHCA’s filed public comment. The full comments and the Licensure Board’s response has been noted in our newsletters: https://imhca.net/newsletters/response-to-administrative-rules-review-committee/.

_____________________________

Rules Changes – Board of Behavioral Sciences and the Board of Social Work

Banned in-person supervision
All licenses can supervise one another (LMHC, LMFT, LISW)
Boards must adopt similar language where possible

Effective June 16, 2021 the Governor signed HF891. Changes for our license start on page 64. This law had substantial rule changes including the following

NEW SUBSECTION. 4. Supervision. The board shall not, by rule or other means, require that supervision be completed in person as a condition for an applicant to receive a license, a reciprocal license, or a renewed license under this chapter.
The board of social work and the board of behavioral science shall amend their administrative rules pursuant to chapter 17A to remove any requirement for supervised clinical experience and supervised professional practice to be completed in person.
154D.2 Licensure — marital and family therapy — mental health counseling. 1. b. updated to state that LMFTs and LMHCs can be supervised by an LISW.
The board of social work and the board of behavioral science shall jointly develop rules adopted pursuant to this subsection through a collaborative process.

In response to this law, the licensing boards created a subcommittee to focus on creating rule changes to create more substantially simliar administrative code language. A Proposed Notice of Intended Action to promulgate joint supervision rule changes between the Board of Social Work and the Board of Behavioral Science (implementing HF891) was proposed in September 2021. Public comment that was due at the end of October 2021. Brief summary of chages:

> > > 1. Maintains the requirement of 3000 hours of practice.
> > > 2. Increases the direct client contact hours from 1500 to 2000 hours.
> > > 3. Allows a supervisee to be supervised by up to four supervisors at a time.
> > > 4. Allows a supervisor to determine how many persons can be effectively supervised.

Current rule proposal sent with agenda. https://idph.iowa.gov/Portals/1/userfiles/90/NoticeJointRules.pdf

The following is a summary of discussion from the December 9th 2021 meeting of the Iowa Board of Behavioral Sciences:

The public comments will not be shared publicly.
Will be discussed in this meeting and summarized.
No report on how many letters/comments were received.
4000 Hours of supervised clinical experience was too much according to public comment, so the board decreased it to 3000 which was the original requirement for LMFT/LMHC.
The committee of both boards could not come to a consensus on the number of individual supervision hours. It will be a decrease for LMFT/LMHC. New proposed rule set it as at least 110 hours of direct supervision equitably distributed throughout the supervised clinical experience, including at least 24 hours of live or recorded direct observation of client interaction. A maximum of 50 hours of direct supervision may be obtained through group supervision. Original rule had it at 200 hours of supervision with 100 allowed to be group supervision. This change would mean approximately a little more than one hour of supervision per week.
Previous rule wasn’t clear if it is live or recorded at 24 hours out of the 110 for, so this was clarified in new proposed rules.
Ratios of supervisors to supervisees was strongly opposed in public comment and this was addressed by removing it and (1) allowing a supervised to be supervised by up to four supervisors and (2) allowing a supervisor to determine how many persons can be effectively supervised.
4 supervisors at one time would cover individual, group, and two expertise areas, which was a concern brought up in public comment.
Courtney Ackerson, IMHCA past president brought up that overall, the new proposed rules increase the administrative burden to licensees and agencies. They also increase the requirements of the licensure. IMHCA was not noting an opinion, but merely pointing out an observation and making sure the board was aware of this. The board noted that they were aware and felt this was needed change in some areas and required change in some areas due to the law and combining rules.
The IBBS noted that they are seeing more and more issues with supervision. They were not able to report on complaint numbers/topic areas because they do not track and trend this data. They did note that is concerning to public safety that supervision has been an increased concern for some time. Two members of the board spoke about this increase in complaints and concerns.
It will be approximately 6 months before new rule would be effective if after public comment again, there is no need to re-write.
The IBBS and social work boards need to sort out when this new rule would start and how to grandfather people in. It is likely that if someone has an approved supervision plan already reviewed and approved by the IBBS, then the rules would not apply. Anyone making a new plan would have to consider these new rules. Not clear on how they would maintain two sets of rules for these situations through the timeline of approved supervision plans. Also discussed the options of proration for those who have started hours when rule is in effect.

The new proposed rules were voted on and passed in the December 9, 2021 meeting. They went out for public comment in January 2022. Public comment on rules was open until February 1, 2022. IMHCA made public comment. The rules were changed with the updates outlined above.