Hello IMHCA Members:
I, Courtney Ackerson, LMHC, IMHCA Past President, am writing to inform you of the Draft Pre-Notice Rule Changes that the Iowa Board of Behavioral Sciences and the Iowa Board of Social Work have posted regarding the proposed rule changes in IAC for LMFTs, LMHCs, and LISWs. These changes are in response to a bill we supported, HF891. This bill was signed into legislation by the Governor in June and had this language to make licenses for LISW, LMFT, and LMHC consistent in expectations so that we could also get support from republican legislators that we needed for the telehealth language of HF891. Though we supported HF891, there will likely be concerns from our members and we want to hear from you. After reading the information below, what are your concerns? Please email Courtney at [email protected]. What you will see in this news letter:
First is the language related to the new rule changes and a summary of the rule changes. Here is HF891 language: “The board of social work and the board of behavioral science shall jointly develop rules adopted pursuant to this subsection through a collaborative process. The respective boards may establish subcommittees or designate other personnel to facilitate such a process. Such rules shall consist of substantively identical standards applicable to the professions regulated by the respective boards and shall, to the greatest extent possible, consist of substantially similar language in a substantially similar format. Prior to a vote to adopt such rules by either board, each board shall, by a separate vote, approve the language to be adopted by the other board. Neither board shall vote to adopt such rules until the rules to be adopted by both boards have been so approved. Such rules shall have the same effective date and shall be submitted to the administrative rules coordinator and the administrative code editor for publication in the same issue of the Iowa administrative bulletin …”
Due to recently passed legislation the Iowa Board of Behavioral Science and The Iowa Board of Social Work are starting a review of their supervision rules. HF891 requires the Board’s to work jointly to develop substantially identical supervision rules. Prior to starting formal rulemaking action, the Boards are seeking input from the public on draft changes. Please submit comment by October 27, 2021. Comments may be submitted via mail, email, or fax to:
Tony Alden
Bureau of Professional Licensure
321 E. 12th Street
Des Moines, IA 50319-0075
E-mail: [email protected]
https://idph.iowa.gov/Portals/1/userfiles/90/PreNoticeSupervisionJointRules%20%281%29.pdf
Here is a break-down of Rule Changes from Emily Piper and Courtney Ackerson:
MHC/MFT | Social Workers | ||
645-31.5, 645-31.7 (rescinded) | 654-31.7 NEW | 645-280.6 (rescinded) | 645-280.6 NEW |
Min. 2 yrs | Min 2 calendar yrs | Min. 2 calendar yrs | Min. 2 calendar yrs |
Completed after practicum, internship & all grad coursework | Completed after all grad work, except thesis | Completed after licensure at masters level | Completed after licensure at masters level |
3000 hrs
· 1500 hrs direct client contact · 200 hrs clinical supervision o 100 hrs individual supervision |
4000 hrs
· 2000 hrs direct client contact
o 110 hrs direct supervision o At least 24 hrs direct client observation o Max 50 hrs group supervision |
4000 hrs
o 110 hrs direct supervision
o Max 60 hrs group supervision |
4000 hrs
· 2000 hrs direct client contact
o 110 hrs direct supervision o At least 24 hrs direct client observation o Max 50 hrs group supervision |
electronic means is acceptable if the system utilized is a confidential, interactive, secure, real-time system that provides for visual and audio interaction between the licensee and the supervisor | No reference to video-conferencing being confidential or any requirements for video-conferencing | No reference to video-conferencing being confidential or any requirements for video-conferencing | |
Up to 50 percent of all supervision may be completed by telephone | Remove the option for supervision by phone | Remove the option for supervision by phone | |
Requirements for in person supervision | No requirements ( HF 891) | No requirements ( HF 891) | |
Supervisee may use up to 2 supervisors at a time | Supervisee may use up to 2 supervisors at a time | ||
Individual supervision – no more than 2 per supervisor at a time in a supervision session | Individual supervision – no more than 6 supervisees per supervisor at any given time
not specific in a supervision session |
Individual supervision – no more than 6 per supervisor | |
Group supervision with up to 10 supervisees | No definition of group supervision | ||
Group supervision – no more than 10 per supervisor | No provision | ||
Content of clinical experience outlined | Content of clinical experience outlined | Content of clinical experience outlined | |
Types of supervision activities prohibited including family, didactic, peer supervision, consultation, administrative review | Nothing is prohibited
31.7(1)h. “Content” includes what the clinical experience must involve that were not previously outlined |
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Must have 4 hours of supervision/month | No requirement for hours per month | ||
AAMFT clinical membership meets clinical experience requirements
Certified Clinical Mental Health Counselor status with National Board for Certified Counselors meets clinical experience requirements |
No provision | ||
Supervision plan must be created and maintained by the supervisee for 5 years following full license and submitted at the request of the board | Prior to beginning supervision, the supervisee must submit a written supervision plan to the Board using the current form published by the Board and for every new supervisor | ||
Not supervise in practices that the supervisor is not competent in | No provision | ||
Exceptions to paragraph 31.7(2)“b” | No exception language |
Proposed Change | Current rule: |
645—31.2(154D) Requirements for permanent and temporary licensure as a mental health counselor or marriage and family therapist. The following criteria shall apply to licensure:
31.2(7) The candidate for temporary licensure for the purpose of fulfilling the postgraduate supervised clinical experience requirement must submit a supervision plan the Supervised Clinical Experience: Approval and Attestation form to the board and receive approval of the candidate’s supervisor(s) prior to licensure. The temporary licensee must notify the board immediately in writing of any proposed change in supervisor(s) and obtain approval of any change in supervisor(s). Within 30 days of completion of the supervised clinical experience, the attestation of the completed supervised experience must be submitted to the board office. The temporary licensee shall remain under supervision until a permanent license is issued. ITEM 3. Rescind rule 645—31.5(154D). |
645—31.2(154D) Requirements for permanent and temporary licensure as a mental health counselor or marriage and family therapist. The following criteria shall apply to licensure:
31.2(7) The candidate for temporary licensure for the purpose of fulfilling the postgraduate supervised clinical experience requirement must submit the Supervised Clinical Experience: Approval and Attestation form to the board and receive approval of the candidate’s supervisor(s) prior to licensure. The temporary licensee must notify the board immediately in writing of any proposed change in supervisor(s) and obtain approval of any change in supervisor(s). Within 30 days of completion of the supervised clinical experience, the attestation of the completed supervised experience must be submitted to the board office. The temporary licensee shall remain under supervision until a permanent license is issued |
645—31.7(154D) Clinical experience requirements for mental health counselors
645—31.7 (2021 Iowa Acts, House File 891) Supervised clinical experience. An applicant for licensure as a mental health counselor or marital and family therapist must complete a supervised clinical experience as set forth in the rule. 31.7(1) Minimum requirements. The supervised clinical experience must satisfy all of the following requirements: a. Timing. The supervised clinical experience cannot begin until after all graduate coursework is completed, with the exception of the thesis. b. Duration. The supervised clinical experience must be a minimum of two calendar years. c. Minimum number of hours. The supervised clinical experience must consist of at least 4,000 hours of practice. d. Minimum number of direct client hours. The supervised clinical experience must consist of at least 2,000 hours of direct client contact. e. Minimum number of direct supervision hours. The supervised clinical experience must consist of at least 110 hours of direct supervision equitably distributed throughout the supervised clinical experience, including at least 24 hours of direct observation of client interaction. A maximum of 50 hours of direct supervision may be obtained through group supervision. Direct supervision can occur in-person or using video conferencing. After 110 hours of direct supervision are complete, ongoing direct supervision must continue to occur for the remainder of the supervised clinical experience. f. Number of supervisors. A supervisee may utilize a maximum of two supervisors at any given time. A supervisee is responsible for notifying each supervisor if another supervisor is also being utilized to allow for coordination as appropriate. g. Number of supervisees. A supervisor can supervise a maximum of six supervisees at any given time. h. Content. The supervised clinical experience must involve performing psychosocial assessments, diagnostic practice using the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), and providing treatment, including the establishment of treatment goals, psychosocial therapy using evidence-based therapeutic modalities, and differential treatment planning. The supervised clinical experience must prepare the supervisee for independent practice and must include training on practice management, ethical standards, legal and regulatory requirements, documentation, coordination of care, and self-care.
31.7(2) Eligible supervisors. A supervisor must satisfy all of the following requirements: a. A supervisor must hold an active license as an independent level social worker, mental health counselor, or marital and family therapist in Iowa. b. A supervisor must have a minimum of three years of independent practice. c. A supervisor must have completed at least a six-hour continuing education course in supervision or one graduate level course in supervision. d. A supervisor must be knowledgeable in the applicable ethical code and licensing rules governing the supervisee. 31.7(3) Supervision plan. Prior to beginning supervision, the supervisee must submit a written supervision plan to the Board using the current form published by the Board. The supervisee must also submit a written supervision plan to the Board prior to beginning supervision with a new supervisor. 31.7(4) Supervision report. When supervision is complete, or when a supervisor ceases providing supervision to the supervisee, the supervisee must ensure a completed supervision report using the current form published by the Board is submitted to the Board. If the supervisor reports that the supervisee is not adequately prepared for independent licensure, or reports violations of the Board’s rules or applicable ethical code, the Board may require the supervisee to complete additional supervision or training as deemed appropriate prior to licensure. 31.7(5) Supervised clinical experience in other states. An applicant who completed some or all of their supervised clinical experience in another state without obtaining licensure in another state should contact the Board to determine whether some or all of the supervised clinical experience completed can be used to qualify for licensure in Iowa.
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645—31.7(154D) Clinical experience requirements for mental health counselors
31.7(1) The supervised clinical experience shall: a. Be a minimum of two years of postgraduate supervised professional work experience in mental health counseling. b. Be completed following completion of the practicum, internship, and all graduate coursework, with the exception of the thesis. c. Include successful completion of at least 3,000 hours of mental health counseling that shall include at least 1,500 hours of direct client contact and 200 hours of clinical supervision. Applicants who entered a program of study prior to July 1, 2010, shall include successful completion of 200 hours of clinical supervision concurrent with 1,000 hours of mental health counseling conducted in person with couples, families and individuals. d. Be completed in person or by electronic means. (1) Up to 50 percent of all supervision may be completed by telephone. (2) Supervision by electronic means is acceptable if the system utilized is a confidential, interactive, secure, real-time system that provides for visual and audio interaction between the licensee and the supervisor. e. Include in the 200 hours of clinical supervision at least 100 hours of individual supervision. f. Follow and maintain a plan throughout the supervisory period established by the supervisor and the licensee. Such a plan must be kept by the licensee for a period of five years following receipt of the permanent license and must be submitted to the board upon request. The plan for supervision shall include: (1) The name, license number, date of licensure, address, telephone number, and email address (when available) of the supervisor; (2) The name, license number, address, telephone number, and email address (when available) of supervisee; (3) Employment setting in which experience will occur; (4) The nature, duration and frequency of supervision; (5) The number of hours of supervision per month; (6) The supervisor/licensees type (individual/group) and mode (face-to-face/electronic) of supervision; (7) The methodology for secure transmission of case information; (8) The beginning date of supervised professional practice and estimated date of completion; (9) The goals and objectives for the supervised professional practice; and (10) The signatures of the supervisor and licensee, and the dates of signatures. g. Have only supervised clinical contact credited for this requirement. 31.7(2) To meet the requirements of the supervised clinical experience: a. The supervisee must: (1) Meet with the supervisor a minimum of four hours per month; (2) Offer documentation of supervised hours signed by the supervisor; (3) Compute part-time employment on a prorated basis for the supervised professional experience; (4) Have the background, training, and experience that are appropriate to the functions performed; (5) Have supervision that is clearly distinguishable from personal counseling and is contracted in order to serve professional/vocational goals; (6) Have individual supervision that shall be in person with no more than one supervisor to two supervisees; (7) Have group supervision that may be completed with up to ten supervisees and a supervisor; and (8) Not participate in the following activities which are deemed unacceptable for clinical supervision: 1. Peer supervision, i.e., supervision by a person of equivalent, but not superior, qualifications, status, and experience. 2. Supervision, by current or former family members, or any other person, in which the nature of the personal relationship prevents, or makes difficult, the establishment of a professional relationship. 3. Administrative supervision, e.g., clinical practice performed under administrative rather than clinical supervision of an institutional director or executive. 4. A primarily didactic process wherein techniques or procedures are taught in a group setting, classroom, workshop, or seminar. 5. Consultation, staff development, or orientation to a field or program, or role-playing of family interrelationships as a substitute for current clinical practice in an appropriate clinical situation. b. Effective October 1, 2020, the supervisor shall: (1) Be an Iowa-licensed mental health counselor in Iowa with at least three years of clinical experience following licensure or shall be approved by the National Board for Certified Counselors (NBCC) as a supervisor; or (2) Be an Iowa-licensed marital and family therapist with a minimum of three years of clinical experience following licensure or shall be a supervisor or supervisor candidate approved by the American Association for Marriage and Family Therapy Commission on Supervision; or (3) Be an Iowa-licensed social worker independent level with at least three years of clinical experience following licensure at the independent level; and (4) Have completed at least a six-hour continuing education course in counseling supervision or one master’s level course in counseling supervision; and (5) Meet a minimum of four hours per month with the supervisee; and (6) Provide training that is appropriate to the functions to be performed; and (7) Ensure that therapeutic work is completed under the professional supervision of a supervisor; and (8) Not supervise any mental health counselor or permit the supervisee to engage in any therapy that the supervisor cannot perform competently. c. Exceptions to paragraph 31.7(2)“b” shall be made on an individual basis. Requests for alternative supervisors must be submitted in writing, and the board must approve the supervisor prior to commencement of the supervision. 31.7(3) Rescinded IAB 7/6/05, effective 8/10/05. 31.7(4) An applicant who has obtained Certified Clinical Mental Health Counselor status with the National Board for Certified Counselors (NBCC) is considered to have met the clinical experience requirements of rule 645—31.7(154D). The applicant shall ensure that proof of current certified clinical mental health counselor status be sent directly from NBCC to the board. |
Language for social work rules:
ITEM 5. Rescind rule 645—280.6(154C) and adopt the following new rule in lieu thereof:
645—280.6 (2021 Iowa Acts, House File 891) Supervised clinical experience. An applicant for licensure as an independent level social worker must complete a supervised clinical experience as set forth in the rule.
280.6(1) Minimum requirements. The supervised clinical experience must satisfy all of the following requirements:
years.
consist of at least 2,000 hours of direct client contact.
280.6(2) Eligible supervisors. A supervisor must satisfy all of the following requirements:
280.6(3) Supervision plan. Prior to beginning supervision, the supervisee must submit a written supervision plan to the Board using the current form published by the Board. The supervisee must also submit a written supervision plan to the Board prior to beginning supervision with a new supervisor.
280.6(4) Supervision report. When supervision is complete, or when a supervisor ceases providing supervision to the supervisee, the supervisee must ensure a completed supervision report using the current form published by the Board is submitted to the Board. If the supervisor reports that the supervisee is not adequately prepared for independent licensure, or reports violations of the Board’s rules or applicable ethical code, the Board may require the supervisee to complete additional supervision or training as deemed appropriate prior to licensure.
280.6(5) Supervised clinical experience in other states. An applicant who completed some or all of their supervised clinical experience in another state without obtaining licensure in another state should contact the Board to determine whether some or all of the supervised clinical experience completed can be used to qualify for licensure in Iowa.
HF891 Language passed and signed by the Governor into law in June 2021 changed Iowa Code to read as follows (Page 64 and 65 of the bill):
New Language from HF891: | Previous language: |
154D.2 Licensure — marital and family therapy — mental health counseling.
1. An applicant for a license to practice marital and family therapy or mental health counseling shall be granted a license by the board when the applicant satisfies all of the following requirements: a. Possesses a master’s degree in marital and family therapy or mental health counseling, as applicable, consisting of at least sixty semester hours, or its equivalent, from a nationally accredited institution or from a program approved by the board. b. Has at least two years of supervised clinical experience or its equivalent as approved by the board. Standards for supervision, including the required qualifications for supervisors, shall be determined in accordance with subsection 2 and by the board by rule, provided that a supervisor may be a person licensed under this section to practice marital and family therapy or mental health counseling without supervision or a licensed independent social worker licensed under chapter c. Passes an examination approved by the board. 2. The board shall not, by rule or other means, require any in-person supervised clinical experience. |
154D. Licensure — marital and family therapy — mental health counseling. An applicant for a license to practice marital and family therapy or mental health counseling shall be granted a license by the board when the applicant satisfies all of the following requirements: 1. Possesses a master’s degree in marital and family therapy or mental health counseling, as applicable, consisting of at least sixty semester hours, or its equivalent, from a nationally accredited institution or from a program approved by the board. 2. Has at least two years of supervised clinical experience or its equivalent as approved by the board. Standards for supervision, including the required qualifications for supervisors, shall be determined by the board by rule. 3. Passes an examination approved by the board |
The additional change listed in HF891 is just a correction of the rule reference due to the change in the outline of the paragraphs with numbers and letters. Sec. 59. Section 154D.4, subsection 2, paragraph b. Code 2021, is amended to read as follows: b, A person who practices marital and family therapy or mental health counseling under the supervision of a person licensed under this chapter as part of a clinical experience as described in section 154D.2, subsection -2 1, paragraph , Sec. 60.
These Iowa Code changes occurred immediately at the time the governor signed the bill, but the legislature instructed the licensing boards to update the Iowa Administrative code to match the expectation for supervision. “The board of social work and the board of behavioral science shall replace all licensing requirements for in-person supervision with the ability to have supervision requirements completed electronically.” The legislature also instructed in HF891 the following: “The board of social work and the board of behavioral science shall adopt emergency rules under section to implement the sections of this division of this Act amending section 154C.3 and section 154D.2, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any emergency rules adopted in accordance with this section shall also be published as a notice of intended action…” This was ARC5795C and ARC 5794C and was an emergency filing on 7/28/2021 public comment was due by 8/17/2021 and no public comment was received. This was addressed in the Iowa Board of Behavioral Sciences meeting on 9/9/2021