216-RICR-40-05-11
216-RICR-40-05-11. Licensing Clinical Mental Health Counselors and Marriage and Family Therapists (version Amendment, 10/18/2007 to 06/23/2008)
RULES AND REGULATIONS
FOR LICENSING
MENTAL HEALTH COUNSELORS AND
MARRIAGE AND FAMILY THERAPISTS
(R5-63.2-MHC/MFT)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Health
December 1997
As Amended:
April 2000
November 2001
January 2002 (re-filing in accordance with the
provisions of section 42-35-4.1 of the Rhode Island
General Laws, as amended)
January 2007 (re-filing in accordance with the
provisions of section 42-35-4.1 of the Rhode Island
General Laws, as amended)
September 2007
ii
INTRODUCTION
These Rules and Regulations for the Licensing of Mental Health Counselors and Marriage and
Family Therapists (R5-63.2-MHC/MFT) are promulgated pursuant to the authority conferred under
sections 42-35 and 5-63.2 of the General Laws of Rhode Island, as amended. These regulations are
established for the purpose of adopting minimum standards pertaining to the licensure of mental health
counselors and marriage and family therapists in this state.
In accordance with the provisions of section 42-35-3(c) of the General Laws of Rhode Island, as
amended, consideration was given to: (1) alternative approaches to the regulations; (2) duplication or
overlap with other state regulations. Based upon available information, no known alternative approach,
duplication or overlap was identified. The protection of the health, safety and welfare of the public
necessitates the adoption of these regulations.
These rules and regulations shall supersede all previous rules and regulations pertaining to the
licensing of mental health counselors and marriage and family therapists promulgated by the Department
of Health and filed with the Rhode Island Secretary of State.
iii
TABLE OF CONTENTS
Section
Page
PART I
Definitions
1
1.0
Definitions
1
PART II
Professional Licensing Requirements
3
2.0
Licensure Requirements
3
3.0
Licensure Qualifications: Clinical Mental Health Counselors
3
4.0
Licensure Qualifications: Marriage and Family Therapists
5
5.0
Application and Fees
6
6.0
Examination of Applicants
6
7.0
Endorsement for Licensure
6
8.0
Expiration and Renewal of License
7
9.0
Inactive Lists and Reinstatement
7
10.0
Continuing Education Requirements
8
11.0
Privileged Communications
9
PART III
Grounds For Discipline, Penalties For Violations & Prohibited Acts
12.0
Grounds for Discipline
10
13.0
Procedures for Discipline
10
14.0
Penalties for Violations
11
15.0
Prohibited Acts
12
16.0
Exemptions
12
17.0
Board of Mental Health Counselors and Marriage and Family Therapists
13
18.0
Rules Governing Practices and Procedures
14
19.0
Severability
14
References
15
Appendix “A”: Core Curriculum--Clinical Mental Health Counselors
16
Appendix “A-1”: Core Curriculum--Clinical Mental Health Counselors
18
Appendix “B”: Core Curriculum--Marriage and Family Therapists
20
1
PART I DEFINITIONS
Section 1.0
Definitions
Wherever used in these rules and regulations, the following terms shall be construed as follows:
1.1
"Act" refers to Chapter 5-63.2 of the Rhode Island General Laws, as amended, entitled, "Mental
Health Counselors and Marriage and Family Therapists."
1.2
"Administrator" means the Administrator of the Division of Professional Regulation at the
Rhode Island Department of Health.
1.3
"Advertise" means, but is not limited to, the issuing or causing to be distributed any card, sign,
or device to any person; or the causing, permitting, or allowing any sign or marking on or in any
building, radio or television, or by advertising by any other means designed to secure public
attention.
1.4
“Allied field” means counselor education, psychology, marriage and family therapy, counseling
psychology, community mental health, education with a concentration in counseling or
psychology, or other field determined by the Board to be an allied field. Said allied field shall
include all components of the core curriculum, as it appears in Appendix “A” or Appendix “A-
1” herein (for a clinical mental health counselor license) or in Appendix “B” herein (for a
marriage and family therapist license).
1.5
"Board" means the Board of Mental Health Counselors and Marriage and Family Therapists.
1.6
"Clinical counselor in mental health" means a person who has been licensed pursuant to
Chapter 5-63.2-9 of the Rhode Island General Laws, as amended, which license is in force and
not suspended or revoked as of the particular time in question.
1.7
“Clinical instruction” means all supervised course work within which the student has the
opportunity to engage in a broad range of clinical activities similar to those performed by a
licensed counselor/therapist. This includes all practice and internships completed within a
student’s program.
1.8
"The practice of clinical mental health counseling" means the rendering of professional
services to individuals, families or groups for monetary compensation. These professional
services would include:
1.8.1 Applying the principals, methods and theories of counseling and/or psychotherapeutic
techniques to define goals and develop a treatment plan of action aimed toward the
prevention, treatment and resolution of social, mental, and emotional dysfunction and
intra- or interpersonal disorders in persons diagnosed at intake as nonpsychotic and not
presenting medical problems; and
1.8.2 Engaging in psychotherapy of a nonmedical nature utilizing supervision when
appropriate and making referrals to other psychiatric, psychological or medical
resources when the person is diagnosed as psychotic or presenting a medical problem.
1.9
"Department" means the Rhode Island Department of Health.
2
1.10
"Director" means the Director of the Rhode Island Department of Health.
1.11
"Division" means the Division of Professional Regulation at the Rhode Island Department of
Health.
1.12
“Individual (face-to-face) supervision” means a tutorial relationship between a member of the
mental health counseling profession and a student trainee. The supervisor monitors the clinical
work of the trainee in order to evaluate this work, monitor the quality of services being offered
to clients, and enhance the professional growth of the trainee.
1.13
"Internship" means a distinctly-defined, post-practicum that is a part of an organized graduate
program in counseling therapy and shall constitute a supervised experience within a mental
health and/or marriage and family setting.
1.14
“Marriage and family therapist” means a person who has been licensed pursuant to Chapter 5-
63.2-10 of the Rhode Island General Laws, as amended, which license is in force and not
suspended or revoked as of the particular time in question.
1.15
"Person" means any individual, firm, corporation, partnership, organization or body politic.
1.16
The "practice of marriage and family therapy" means the rendering of professional services to
individuals, family groups, couples or organizations for monetary compensation. These
professional services would include applying principles, methods, and therapeutic techniques
for the purpose of resolving emotional conflicts, modifying perceptions and behavior,
enhancing communications and understanding among all family members and the prevention of
family and individual crisis. Individual marriage and family therapists also engage in
psychotherapy of a nonmedical and nonpsychotic nature with appropriate referrals to
psychiatric resources.
1.17
"Practicum" means a distinctly defined, pre-internship that is a part of an organized graduate
program in counseling therapy and shall constitute a supervised experience within the graduate
counseling program.
1.18
"Qualified supervision" means the supervision of clinical services in accordance with standards
established by the Board under the supervision of an individual who has been recognized by the
Board as an approved supervisor.
1.19
"Recognized educational institution" means any educational institution which grants a
Bachelor's, Master's, or Doctoral degree, and which is recognized by the Board of Mental
Health Counselors and Marriage and Family Therapy Examiners or a recognized post-graduate
clinical training program as specified in sections 5-63.2-9(2) and 5-63.2-10(2) of the Act.
1.20
To "use a title or description of" means to hold oneself out to the public as having a particular
status by means of stating on signs, mailboxes, address plates, stationery, announcements,
calling cards or other instruments of professional identification.
PART II
PROFESSIONAL LICENSING REQUIREMENTS
3
Section 2.0
Licensure Application
2.1
Each person desiring to obtain a license as a practicing marriage and family therapist or clinical
mental health counselor shall make application thereof to the Board upon such forms and in
such manner as prescribed by the Board.
2.2
As of July 3, 1996, any certified marriage and family therapist or clinical mental health
counselor shall automatically obtain licensure status by the Rhode Island Department of Health,
without any additional application made to the Board. This transition from certification to
licensure shall not require an additional fee payment.
2.3
Applications after January 1, 1998:
Any person who applies to the Board after January 1, 1998 shall be issued a license by the
Board if she/he meets the qualifications set forth below:
2.3.1 is of good moral character;
2.3.2 has not engaged or is not engaged in any practice or conduct that would be grounds for
refusing to issue a license under section 5-63.2-21 of the Act;
2.3.3 holds an appropriate graduate degree, as defined by the Board in the designated core
curriculum established herein, from a regionally accredited institution so recognized at
the time of granting such degree or has been certified by the Department as a mental
health counselor and/or marriage and family therapist in accordance with section 2.2
(above);
2.3.4 successfully completes two (2) calendar years of work experience in marriage and
family therapy or mental health counseling under qualified supervision following receipt
of a qualifying degree;
2.3.5 passes an examination administered by the Board.
Section 3.0
Qualifications for Licensure of Clinical Mental Health Counselors
3.1
An applicant for licensure shall submit to the Board written evidence on forms furnished by the
Division verified under oath (i.e., notarized) that said applicant:
3.1.1 is of good character; and
3.1.2 has received a graduate degree specializing in counseling/therapy from a college or
university accredited by the New England Association of Schools and Colleges, or an
equivalent regional accrediting agency, and which has the approval by a cognizable
national or regional certifying authority; or
3.1.3 has a master’s degree or certificate in advanced graduate studies or a doctoral degree in
mental health counseling from a recognized educational institution, or a graduate degree
in an allied field from a recognized educational institution and graduate level course
4
work that is equivalent to a master’s degree in mental health counseling. Coursework must
include the required components of the core curriculum as indicated in Appendix “A” or
Appendix "A-1"; and
3.1.4 has completed sixty (60) semester hours or ninety (90) quarter hours within their
graduate counseling/therapy program; and
3.1.5 has completed a minimum of twelve (12) semester hours or eighteen (18) quarter hours
of supervised practicum and a minimum of one (1) calendar year of supervised
internship consisting of twenty (20) hours per week or its equivalent with emphasis in
mental health counseling supervised by the department within the college or university
granting the requisite degree or by an accredited postgraduate clinical training program
recognized by the United State Department of Education, or education and/or
experience which is deemed equivalent by the Board; and
3.1.6 has completed a minimum of two (2) years of relevant post-graduate experience,
including at least two thousand (2,000) hours of direct client contact offering clinical or
counseling or therapy services with emphasis in mental health counseling subsequent to
being awarded a Master's degree, Certificate of Advanced Graduate Study or Doctorate;
and
3.1.7 a minimum of one hundred (100) hours of post-degree supervised case work spread over
a two (2) year period, provided such supervision was provided by a person who at the
time of rendering said supervision was recognized by the Board as an approved
supervisor under the following guidelines; and
i)
For the purposes of the rules and regulations herein, a person shall be an
“approved supervisor” of clinical mental health counselor post-graduates if
she/he is: a licensed clinical mental health counselor, a licensed psychiatrist, a
licensed psychologist, a licensed marriage and family therapist, or a licensed
independent clinical social worker, who has five (5) years clinical experience in
the practice of his/her professional discipline, and has either successfully
completed one graduate course in supervision in counseling, taken at an
institution of higher learning, or is certified as a supervisor within his/her own
discipline, or has at least two (2) years experience supervising professional staff
in a clinical mental health setting.
3.1.8 has passed to the satisfaction of the Board an examination conducted by it to determine
the applicant's qualification for licensure as a clinical mental health counselor or is
applying for licensure under the provisions of section 5-63.2-15 of the Rhode Island
General Laws, as amended.
3.2
A candidate shall be held to have qualified for licensure as a clinical mental health counselor
upon the affirmative vote of at least four (4) members of the Board, two (2) of whom must be
mental health counselors on the Board.
Section 4.0
Qualifications for Licensure of Marriage and Family Therapists
5
4.1
An applicant for licensure shall submit to the Board written evidence on forms furnished
by the Division verified under oath (i.e., notarized) that said applicant:
4.1.1 is of good character; and
4.1.2 has completed a graduate degree program specializing in marital and family therapy
from a college or university accredited by the New England Association of Schools and
Colleges, or an equivalent regional accreditation agency; or
4.1.3 has a master’s degree or certificate in advanced graduate studies or a doctoral degree in
marriage and family therapy from a recognized educational institution, or a graduate
degree in an allied field from a recognized educational institution and graduate level
course work that is equivalent to a master’s degree in marriage and family therapy.
Coursework must include the required components of the core curriculum as defined in
Appendix “B” herein; and
4.1.4 has completed sixty (60) semester hours or ninety (90) quarter hours within their
graduate degree program specializing in marital and family therapy; and
4.1.5 has completed a minimum of twelve (12) semester hours or eighteen (18) quarter hours
of supervised practicum and a one (1) calendar year of supervised internship consisting
of twenty (20) hours per week or its equivalent with emphasis in marriage and family
therapy supervised by the department within the college or university granting the
requisite degree or by an accredited postgraduate clinical training program, approved by
the Commission on Accreditation for Marriage and Family Therapy Education
recognized by the United States Department of Education or education and/or
experience which is deemed equivalent by the Board; and
4.1.6 has had a minimum of two (2) years of relevant postgraduate experience, including at
least two thousand (2,000) hours of direct client contact offering clinical or counseling
or therapy services with emphasis in marriage and family therapy subsequent to being
awarded a master's degree or doctorate; and
4.1.7 has had a minimum of one hundred (100) hours of post-degree supervised case spread
over two (2) years, provided such supervision was provided by a person who at the time
of rendering said supervision was recognized by the Board as an approved supervisor
under the following guidelines; and
i)
For the purposes of the rules and regulations herein, a person shall be an
“approved supervisor” of marriage and family therapy post-graduates if she/he
is duly certified as a supervisor by the American Association of Marriage and
Family Therapists (AAMFT).
4.1.8 has passed to the satisfaction of the Board an examination conducted by it to determine
the applicant's qualification for licensure as a marriage and family therapist or is
applying for licensure under the provisions of section 5-63.2-15 of the Rhode Island
General Laws, as amended.
6
4.2
A candidate shall be held to have qualified for licensure as a marriage and family therapist
upon the affirmative vote of at least four (4) members of the Board, two (2) of whom must be
marriage and family therapists on the Board.
Section 5.0
Application for Licensure & Fees
5.1
Application for license to practice as a mental health counselor or a marriage and family
therapist shall be made on forms provided by the Division of Professional Regulation, which
shall be completed, notarized and submitted to the Board thirty (30) days prior to the scheduled
date of the Board meeting at which they are to be reviewed.
5.2
Such application shall be accompanied by the following:
5.2.1
For U.S. born applicants:
a certified copy of birth certificate;
For Non-U.S. born applicants:
documented evidence of lawful entry into the country;
5.2.2
Two (2) references from responsible professional persons attesting to the
applicant's good moral character;
5.2.3
A passport-type photograph of the applicant;
5.2.4
A non-refundable application fee of four hundred sixty dollars ($460.00) made
payable by check or money order to the General Treasurer, State of Rhode
Island. In no case shall said fee be returned. Applicants requiring
reexamination shall submit a fee of four hundred sixty dollars ($460.00) for each
reexamination.
Section 6.0
Examination of Applicants
6.1
Examination for licensure shall be conducted by the Division, as scheduled by the Director, and
offered by the Board at least twice a year according to methods and in each subject fields as it
deems most practical and expeditious to test the applicant's qualifications.
6.2
The Board may require examinations to be written or oral, or both. In any written examination,
the identity of the applicant shall not be disclosed to the Board until after the examination
papers have been graded. Written examination papers shall be preserved and available to the
Board for at least two (2) years.
Section 7.0
Endorsement for Licensure
7.1
A license as a clinical mental health counselor or marriage and family therapist may be issued,
at the discretion of the Board, without examination, to an applicant who is a clinical mental
health counselor where the applicant is licensed or certified in another state whose requirements
are equivalent to or exceed the requirements established pursuant to the Act.
Section 8.0
Expiration & Renewal of License
7
8.1
Every clinical mental health counselor and marriage and family therapist who desires to
continue licensure as a licensed clinical mental health counselor and licensed marriage and
family therapist shall present satisfactory evidence to the Board and approved by the Board that
the licensed clinical mental health counselor and licensed marriage and family therapist has
completed a prescribed course of continuing education in accordance with the requirements of
section 10.0 herein.
8.2
The license of every person licensed under the provisions of the Act shall expire on the first day
of July of the next even year following the date of his/her license; provided, however, that no
license shall expire prior to July 1, 1998.
8.3
On or before the first day of May in each even year, commencing in the year 1998, the
Administrator shall mail an application for renewal of license to every person to whom a license
has been issued or renewed during the current year and every person so licensed who desires to
renew his/her license shall file with the Division such renewal application duly executed, which
application shall include verification of prescribed continuing education requirements, together
with three hundred thirty dollars ($330.00) on or before the first day of June in each even year.
Upon receipt of such application and payment of said fee, the accuracy of the application shall
be verified and the Administrator of Professional Regulation shall grant a renewal license
effective July 1st and expiring twenty-four (24) months thereafter.
8.4
Any person who allows his/her license to lapse, by failing to renew it on or before June 1st in
each even year, as provided in section 8.3 above, may be reinstated by the Administrator of
Professional Regulation on payment of the current renewal fee plus an additional fee of seventy
dollars ($70.00) and verification of prescribed continuing education requirements.
8.4.1 Any person using the title "clinical mental health counselor" and/or "marriage and
family therapist" during the time his/her license has lapsed shall be subject to the
penalties provided for violation of the Act.
8.4.2 Provided, however, that if a person has allowed his/her license to lapse for four (4) years
or more, he/she shall be reinstated at the discretion of the Board.
Section 9.0
Transfer to Inactive Lists--Reinstatement
9.1
A licensed clinical mental health counselor and/or licensed marriage and family therapist who
does not intend to continue his/her licensure, upon written request to the Administrator, may
have his/her name transferred to an inactive list, and shall not be required to pay the renewal fee
as long as he/she remains inactive. Should he/she wish to resume functioning as a licensed
clinical mental health counselor and/or licensed marriage and family therapist, he/she shall so
notify the Administrator and remit his/her renewal fee and his/her license shall be reinstated.
Section 10.0 Continuing Education Requirements
10.1
The application for license renewal shall include satisfactory evidence of completion of at least
forty (40) credits of continuing education relevant to the practice of clinical mental health
counseling or marriage and family therapy practice, completed over the two (2) year period
8
preceding re-licensure. Furthermore, twenty (20) of the forty (40) credits of continuing education
shall be completed within Category 1, Formal Programs, as set forth hereunder.
10.2
Continuing education programs sponsored or approved by the following organizations are
deemed to be approved by the Board: American Counseling Association (ACA), American
Mental Health Counselors Association (AMHCA), National Board for Certified Counselors,
Inc. (NBCC), American Association for Marriage and Family Therapy (AAMFT), Rhode Island
Mental Health Counselors Association (RIMHCA), Rhode Island Counseling Association
(RICA), Rhode Island Marriage and Family Therapist Association (RIMFTA), National
Association of Social Workers (NASW), American Psychological Association (APA),
American Medical Association (AMA) or such other nationally-recognized organizations, as
approved by the Board.
10.3
Categories of Continuing Education Programs and Credits:
The Board recognizes the following categories of continuing education programs and/or
activities and established credit hours.
Category I: Formal continuing education program that may consist of
courses, workshops, and/or institutes.
Credit: 1 credit per hour;
minimum 20 credits per two (2)
year cycle.
Category II: Professional and scientific meetings and self-directed
continuing education activities that may consist of local, regional,
national symposia, colloquia, journal clubs, home study courses, etc.
Credit: 1 credit per hour
Category III: Exceptional contributions to professional development that
may consist of formal lectures or written publications (e.g., teaching a
relevant course at the graduate level in an accredited institution, serving
as an elected officer on national or international organizations (e.g., ACA,
NBCC, AAMFT, or other such similar contributions).
Credit: 10 credits for each
publication or formal lecture 20
credits
for
national
or
international contribution.
Category IV: Working as an “approved supervisor” of a post-graduate
clinical mental health counselor or marriage and family therapist for a full
academic year.
Credit: 6 credits per year
6 credits maximum per two (2)
year cycle
10.4
If the applicant submits satisfactory evidence to the Board that she/he has completed the
prescribed continuing education credits relevant to the practice of clinical mental health
counseling or the practice of marriage and family therapy, as set forth in section 10.3 herein,
and has complied with the provisions of the Act and the regulations herein, the Administrator of
Professional Regulation shall grant a renewal license effective July 1st and expiring twenty-four
(24) months thereafter.
10.4.1 Clinical mental health counselors and marriage and family therapists licensed during the
two (2) year period preceding license renewal shall have their credits for continuing
education prorated according to the time remaining before renewal date of registration.
10.4.2 An extension of time to complete the continuing education requirements may be granted
to a clinical mental health counselor or marriage and family therapist solely at the
discretion of the Board for reasons of hardship or other extenuating circumstances.
9
10.5
It shall be the sole responsibility of the individual clinical mental health counselor or
marriage and family therapist to obtain documentation from the approved sponsoring or co-
sponsoring organization, agency, or institution of his/her participation in a continuing education
program and/or activity that shall include no less than the date, time, subject matter, name of
lecturer or teacher, or such other data, and the number of credits earned. Those documents shall
be retained by each licensee for no less than three (3) years (i.e., from the date of license
renewal) and are subject to random audit by the Department.
10.6
A license shall be denied to any applicant who fails to provide satisfactory evidence of
continuing education relevant to counseling/family studies as required herein.
10.7
A clinical mental health counselor or marriage and family therapist whose license has been
revoked for failing to satisfy the continuing education requirements herein shall be required to
complete such additional continuing education credits as may be required by the Board for the
preceding two (2) year cycle.
10.8
Failure to comply with any provisions of this section shall be subject to the sanctions of section
14.0 herein. Furthermore, all hearings and reviews that may be required shall be subject to the
provisions of section 13.0 herein.
Section 11.0 Privileged Communications
11.1
The provisions of Chapters 9-17-24 ("Privileged Communications to and Information Obtained
by Health Care Providers") and 5-37.3 ( “Confidentiality of Health Care Information Act”) of
the General Laws of Rhode Island, as amended, shall apply to persons licensed pursuant to the
Act and the rules and regulations herein.
10
PART III
Grounds For Discipline, Penalties For Violations and Prohibited Acts
Section 12.0 Grounds for Discipline
12.1
The Board shall have the power to deny, revoke or suspend any registration issued by the
Administrator or applied for in accordance with the Act or otherwise to discipline a licensed
clinical mental health counselor and/or a licensed marriage and family therapist upon proof that
the person:
12.1.1 is guilty of fraud or deceit in procuring or attempting to procure a registration;
12.1.2 is guilty of a felony or of a crime of immorality;
12.1.3 is habitually intemperate or is addicted to the use of habit-forming drugs;
12.1.4 is mentally incompetent;
12.1.5 has willfully or repeatedly violated any of the provision of the Act;
12.1.6 is habitually negligent in the performance of his/her duties;
12.1.7 has willfully or repeatedly violated any of the ethical principles governing mental health
counselors and marriage and family therapists and the practice of mental health
counseling and marriage and family therapy, as adopted by the Board, regardless of
whether or not the person is a member of any national, regional or state professional
association; provided, however, that such ethical principles shall be of a nationally-
recognized standard of the respective national professional organization.
Section 13.0 Procedures for Discipline
13.1
When a sworn (i.e., notarized) complaint is filed with the Board charging a person with having
been guilty of any of the action specified in section 12.0 herein, the Division shall immediately
investigate such charges, or the Board, after investigation, may institute charges.
13.1.1 In the event such investigation shall reveal reasonable grounds for believing that the
applicant or person licensed under the Act is guilty of the charges, the Board shall fix a
time and place for hearing thereof, and shall cause a copy of the charges together with a
notice of the time and the place fixed for hearing to be served personally upon the
accused at least twenty (20) days prior to the time fixed for the hearing.
a)
When personal service cannot be effected and such fact is certified by oath by
any person duly authorized to make service, the Board shall cause to be
published once in each of two (2) successive weeks, a notice of the hearing in a
newspaper published in the county where the accused last resided according to
the records of the Board and shall mail a copy of the charges and of such notice
to the accused at his/her last known address.
b)
When publication of notice is necessary, the date of hearing shall not be less
than twenty (20) days after the last date of publication of the notice.
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c)
At the hearing, the accused shall have the right to appear personally or by
counsel or both, to produce witnesses and evidence on his/her behalf, to cross-
examine witnesses, and to have subpoenas issued by the Administrator. The
attendance of witness and the production of books, documents and papers at the
hearing may be compelled by subpoenas issued by said Administrator which
shall be served in accordance with law.
d)
At the hearing, the said Administrator shall administer oaths as may be
necessary for the proper conduct of the hearing. The Board shall not be bound
by the strict rules of procedure or by the laws of evidence in the conduct of its
proceedings but the determination shall be based upon sufficient legal evidence
to sustain it.
13.2
If the accused is found guilty of the charges, the Board may refuse to issue a registration to the
applicant or may revoke or suspend his/her license or otherwise discipline such person.
13.3
Upon the revocation or suspension of any license, the holder thereof shall surrender the same to
the Administrator who shall strike the name of the holder from the register of licensed clinical
mental health counselors and/or licensed marriage and family therapists.
13.4
A revocation or suspension of license may be reviewed at the discretion of the Board or at the
initiative of the Administrator who may order a rehearing of the issue if he finds cause.
Section 14.0 Penalties for Violations
14.1
It shall be a misdemeanor for any person, in offering his/her services to the public to:
14.1.1 use in connection with his/her name any designation tending to imply that he/she is a
licensed clinical mental health counselor and/or licensed marriage and family therapist
unless duly licensed under the provisions of the Act;
14.1.2 use in connection with his/her name any designation tending to imply that he/she is a
licensed clinical mental health counselor and/or licensed marriage and family therapist
during the time his/her license issued under the provisions of the Act shall be suspended
or revoked;
14.1.3 otherwise violate any of the provisions of the Act or the rules and regulations herein.
14.2
All such misdemeanors shall be punishable by a fine of not more than five hundred ($500)
dollars for each offense.
14.3
Injunction of Violations
When it appears to the Board that any person is violating any of the provisions of the Act, the
Director may cause to be instituted an action, commenced in the name of the Board, to enjoin
such violation in a court of competent jurisdiction and said court may enjoin any person from
violating any of the provisions of the Act without regard to whether proceedings have been or
12
may be instituted before the Board or whether criminal proceedings have been or may be
instituted.
Section 15.0 Prohibited Acts
15.1
Except as specifically provided elsewhere in the Act, no person who is not licensed under the
Act shall:
15.1.1 advertise the performance of marriage and family therapy or mental health counseling
services by him/her;
15.1.2 use a title or description such as "marital or marriage therapist, counselor, advisor or
consultant", "marital or marriage and family therapist, counselor, advisor, or
consultant", "mental health advisor or consultant" or any other name, style or
description denoting that the person is a marriage and family therapist or mental health
counselor; or
15.1.3 practice marriage and family therapy;
15.1.4 practice mental health counseling.
Section 16.0 Exemptions
16.1
No provisions of the Act shall be construed to limit the practice of medicine, osteopathy,
psychology, clinical social work, psychiatric nursing, or other recognized business or
profession, or to prevent qualified members of other professions from doing work of a nature
consistent with their training so long as they do not hold themselves out to the public as a
licensed mental health counselor or marriage and family therapist.
16.2
No person shall be required to be licensed under the Act who:
16.2.1 is a salaried employee of a government agency or of a developmental services program
or of a mental health, alcohol, or drug abuse facility operating pursuant to Chapter 40.1-
24 of the Rhode Island General Laws, as amended, or who is an employee of an
accredited academic institution or research institution, if such employee is performing
duties for which he was hired solely within the confines of such agency, facility or
institution;
16.2.2 is a student who is pursuing a course of study which leads to a degree in medicine or a
profession regulated by the Act who is providing services in a training setting, provided
such activities or services constitute part of a supervised course of study, or is a
graduate accumulating the experience required for any licensure under the Act; provided
such graduate or student is designated by a title such as "intern" or "trainee" which
clearly indicates the in-training status of the student;
16.2.3 is certified in school psychology by the Department of Education and is performing
psychological services as an employee of a public or private educational institution;
13
16.2.4 is a rabbi, priest, minister, or member of the clergy of any religious denomination or sect
when engaging in activities which are within the scope of the performance of his/her
regular or specialized ministerial duties and for which no separate charge is made, or
when such activities are performed, with or without charge, for or under the auspices or
sponsorship, individually or in conjunction with other, of an established and legally
recognized church, denomination, or sect, and when the person rendering service
remains accountable to the established authority thereof.
Section 17.0 Board of Mental Health Counselors and Marriage and Family Therapists
17.1
Within the Division, there shall be a Board of Mental Health Counselors and Marriage and
Family Therapists consisting of nine (9) members.
17.2
Composition of the Board
The Director of Health, with the approval of the Governor, shall appoint nine (9) electors as
members of the Board.
17.2.1 Three (3) shall be clinical mental health counselors, at least two (2) of whom shall meet
the qualifications of section 5-63-9 of the Rhode Island General Laws, as amended, and
have at least five (5) years of private practice experience in mental health counseling;
17.2.2 Three (3) shall be marriage and family therapists, who are clinical marriage and family
therapists who shall meet the qualifications of section 5-63-10 of the Rhode Island
General Laws, as amended, and have at least five (5) years of private practice
experience in marriage and family therapy;
17.2.3 Three (3) shall be members of the public.
17.3
Commencing September 1996, the Director of Health shall appoint one (1) clinical mental
health counselor for one (1) year, one (1) clinical mental health counselor for two (2) years, one
(1) clinical mental health counselor for three (3) years; one (1) marriage and family therapist for
one (1) year, one marriage and family therapist for two (2) years, and one (1) marriage and
family therapist for three (3) years, and one (1) public member for two (2) years and two (2)
public members for three (3) years. Thereafter, all terms of appointments shall be for three (3)
years. In no instance shall a person serve more than six (6) consecutive years on the Board.
17.4
Organization and Meeting of the Board
17.4.1 The Board shall organize immediately after the appointment and qualification of the
members thereof.
17.4.2 The Board shall elect annually a chairman and secretary.
17.4.3 Meetings may be called by the Chairman or the Director or by written request of four
(4) members of the Board.
17.4.4 Five (5) members of the Board shall constitute a quorum, provided however, that a
clinical mental health counselor and a marriage and family therapist must be present.
14
17.4.5 The Board shall meet as often as necessary.
17.5
General Powers of the Board
17.5.1 The Board shall recommend for licensure at least twice a year.
17.5.2 It shall determine the tests which applicants for licensure shall take.
17.5.3 The Division shall adopt policies to be followed in the examination, licensure, and
renewal of licenses of duly qualified applicants.
17.5.4 The Board shall conduct hearings upon charges calling for the discipline of a licensed
clinical mental health counselor or licensed marriage and family therapist or for
revocation of a license.
17.5.5 The Administrator shall have the power to issue subpoenas and compel the attendance
of witnesses and administer oaths to person giving testimony at hearing.
17.5.6 The Board or the Director shall cause the prosecution of all persons violating the Act
and shall have the power to incur such necessary expenses thereof.
17.5.7 Members of the Board shall serve without compensation.
Section 18.0 Rules Governing Practices & Procedures
All hearing and reviews required under the provisions of Chapter 5-63.2 of the Rhode Island General
Laws, as amended, shall be held in accordance with the provisions of the Act and of the Rules and
Regulations of the Rhode Island Department of Health Regarding Practices and Procedures Before the
Department of Health and Access to Public Records of the Department of Health (R42-35-PP).
Section 19.0 Severability
The provisions of the Act are severable and if any of its provisions shall be held unconstitutional by any
court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining
provisions.
Thursday, September 06, 2007
mhcmft-final-sept07.doc
15
REFERENCES
1.
"Administrative Procedures Act," Chapter 42-35 of the General Laws of Rhode Island, as
amended.
2.
Rules and Regulations of the Rhode Island Department of Health Regarding the Practices and
Procedures Before the Department of Health and Access to Public Records of the Department
of Health (R42-35-PP), Rhode Island Department of Health, May 1997 and subsequent
amendments thereto.
3.
"Privileged Communication to and Information Obtained by Health Care Providers," Chapter
9-17-24 of the General Laws of Rhode Island, as amended.
4.
“Confidentiality of Health Care Information Act,” Chapter 5-37.3 of the General Laws of Rhode
Island, as amended.
16
Appendix “A”
The Core Curriculum: Clinical Mental Health Counselors
(NOTE: On and after July 1, 2003, an applicant for licensure as a clinical mental health counselor
shall meet the requirements set forth in Appendix "A-1". Prior to July 1, 2003, an applicant for
licensure as a clinical mental health counselor shall meet the requirements set forth in either
Appendix "A" or in Appendix "A-1."
The mental health counselor’s standard curriculum is based upon a clinical focus that examines
peoples’ lives in the context of their histories and current life experiences.
A total of nine (9) courses (twenty-seven [27] semester or equivalent quarter hours) are to be obtained
from areas I, II, and III (see description of each area below). A program may exercise discretion
regarding which of the three (3) areas increases beyond the minimum to arrive at the twenty-seven (27)
hour total.
A minimum of sixty (60) semester hours will be taken in the standard mental health counselor
curriculum.
Area I: Theoretical Foundations of Counseling Theory
A minimum of two (2) courses (six [6] semester hours or equivalent quarter hours) will be taken in
Area I.
In Area I, students conceptualize and distinguish the critical epistemological issues related to mental
health counseling.
Students learn about the historical development, theoretical foundations, ethics, professional
responsibilities and contemporary conceptual directions in the field of mental health counseling.
Course content should not be isolated conceptually from clinical concerns, nor is it adequate for
students to deal only with practical treatment issues without reference to theoretical literature.
Area II: Assessment and Treatment in Clinical Mental Health Counseling
A minimum of four (4) courses (twelve [12] semester or equivalent quarter hours) will be taken in Area
II.
Area II courses will provide students with a comprehensive survey and substantive understanding of the
major models of counseling.
Courses taught in Area II will address the applied aspects of mental health counseling.
Courses taught in Area II will focus on diagnosis/assessment and treatment processes. Students will
learn to diagnose and treat individuals and those individuals in the broader context of the relationships
17
and nervous and mental disorders, whether cognitive, affective, or behavioral. Counseling
assessment methods and instruments will be covered.
Area III: Human Growth and Development and Social and Cultural Foundations
A minimum of two (2) courses (six [6] semester or equivalent quarter hours) will be taken in Area III.
In Area III, students will learn about human growth and individual differences.
Courses taught in Area III will emphasize the development of individuals within the context of their
experience, both familial, social, and cultural.
Courses taught in Area III will enable the student to understand the individual as she/he develops
through the life cycle. Child, adolescence, and adult issues will be explored.
Students will be exposed to issues of gender as they relate to growth and social factors. Sex
discrimination and gender role stereotyping will be included in the course content.
Programs will expose all students to issues of ethnicity, race, socioeconomic culture as it affects
individual behavior.
Course content will include issues of sexuality, sexual orientation, and sexual functioning.
Area IV: Research
A minimum of one (1) course (three [3] semester or equivalent quarter hours) will be taken in Area IV.
In Area IV, students gain an understanding of research methodology and data analysis, and learn to
evaluate research in the mental health field.
Course content will include both quantitative and qualitative research.
Area V: Counseling Practicum
Counseling practicum will consist of at least twelve (12) semester hours or 18 quarter hours.
Counseling practicum usually consist of part time clinical work that includes a mix of direct contact
hours with clients (5 to 10 hours per week), supervision, staff meetings, and record keeping.
Area VI: Supervised Clinical Instruction
One (1) calendar year of supervised internship, consisting of twenty (20) hours per week or its
equivalent. It is expected that programs will document a student’s satisfactory completion of this
requirement.
Area VII: Electives
Courses may reflect a specialization area, or add knowledge and skills in the behavioral sciences, or in
interdisciplinary studies.
18
Appendix "A-1"
The Core Curriculum: Clinical Mental Health Counselors
(NOTE: On and after July 1, 2003, an applicant for licensure as a clinical mental health counselor
shall meet the requirements set forth in Appendix "A-1" below. Prior to July 1, 2003, an applicant
for licensure as a clinical mental health counselor shall meet the requirements set forth in either
Appendix "A" (above) or in Appendix "A-1" {below}).
Core Curriculum: An applicant needs to complete courses in each of the following eight (8)
categories, in accordance with the minimum number of credits required in each category, for a total of
thirty-three (33) credits:
1.
Helping relationships and counseling theory (9 credits minimum) (i.e., counseling and
consultation theories including both individual and systems perspectives as well as coverage of
relevant research and factors considered in applications; basic interviewing, assessment, and
counseling skills; counselor or consultant characteristics and behaviors that influence helping
processes including age, gender, and ethnic differences, verbal and nonverbal behaviors and
personal characteristics, orientation, and skills; client or consultee characteristics and behaviors
that influence helping processes including age, gender and ethnic differences, verbal and non-
verbal behaviors and personal characteristics, traits, capabilities, and life circumstances; and
ethical considerations, counseling processes, counseling theories, marriage and family
counseling, family counseling, systems concepts)
2.
Human growth and development (3 credits minimum) (i.e., theories of individual and family
development and transitions across the life-span; theories of learning and personality
development; human behavior including an understanding of developmental crises, disability,
addictive behavior, psychopathology, and environmental factors as they affect both normal and
abnormal behavior; strategies for facilitating development over the life-span; ethical
considerations)
3.
Social and cultural foundations (3 credits minimum) (i.e., multicultural and pluralistic trends
including characteristics and concerns of diverse groups; attitudes and behavior based on such
factors as age, race, religious preference, physical disability, sexual orientation, ethnicity and
culture, family patterns, gender, socioeconomic status, and intellectual ability; individual
family, and group strategies with diverse populations; and ethical considerations)
4.
Groups (6 credits minimum) (i.e., principles of group dynamics including group process
components, developmental stage theories, group members’ roles and behaviors; group
leadership styles and approaches including characteristics of various types of group leaders and
leadership styles; theories of group counseling including commonalities, distinguishing
characteristics, and pertinent research and literature; group counseling methods including group
counselor orientations and behaviors, ethical standards, appropriate selection criteria and
methods, and methods of evaluation of effectiveness; approaches used for other types of group
work, including task groups, prevention groups, support groups, and therapy groups; and ethical
considerations)
5.
Lifestyle and career development (3 credits minimum) (i.e., career development theories and
decision making models; career, avocational, educational and labor market information
19
resources, visual and print media, computer based career information systems; career
development program planning, organization, implementation, administration and evaluation;
interrelationships among work, family, and other life roles and factors including multicultural
and gender issues as related to career development; career and educational placement, follow-up
and evaluation; assessment instruments and techniques relevant to career planning and decision
making; computer based career development applications and strategies, including computer
assisted career guidance systems; career counseling processes, techniques and resources
including those applicable to specific populations; and ethical considerations)
6.
Appraisal (3 credits minimum) (i.e., theoretical and historical bases for assessment techniques;
validity including evidence for establishing content, construct and empirical validity; reliability
including methods of establishing stability, internal and equivalence reliability; appraisal
methods including environmental assessment, performance assessment, individual and group
test and inventory methods; behavioral observations, and computer managed and computer
assisted methods; psychometric statistics including types of assessment scores, measures of
central tendency, indices of variability, standards errors, and correlations; age, gender, ethnicity,
language, disability, and cultural factors related to the assessment and evaluation of individuals
and groups; strategies for selecting, administering, interpreting, and using assessment and
evaluation instruments and techniques in counseling; ethical considerations)
7.
Research and program evaluation (3 credits minimum) (i.e., basic types of research methods to
include qualitative and quantitative research designs; basic parametric and nonparametric
statistics; principles, practices, and applications of needs assessment and program evaluation;
uses of computer for data management and analysis; ethical and legal considerations in
research)
8.
Professional orientation (3 credits minimum) (i.e., history of the helping professions including
significant factors and events; professional roles and functions including similarities and
differences with other types of professionals; professional organizations; ethical standards;
professional preparation standards, their evolution and current applications; professional
credentialing including certification, licensure, and accreditation practices and standards, and
the effects of public policy on these issues; and public policy processes including the role of the
professional counselor in advocating on behalf of the profession and its clientele).
20
Appendix “B”
The Core Curriculum: Marriage and Family Therapists
Minimum Requirements
Areas of Study
Courses
Semester Hours
I.
Theoretical Foundations of Marriage and
Family Therapy
1
3
II.
Assessment and Treatment in Marriage and
Family Therapy
4
12
III.
Human Development and Family Studies
2
6
Total Required for Areas I, II, and III
9
27
IV.
Ethics and Professional Studies
1
3
V.
Research
1
3
VI.
Supervised Clinical Practice (500 hours
required)
12
semester
hours
12 successive
months
VII.
Additional Courses
1
3
Total for Areas I--VII
15
60
The marriage and family therapy core curriculum will be based upon a systems/interactional
understanding of peoples’ lives.
A total of nine (9) courses (twenty-seven [27] semester or equivalent quarter hours) are to be obtained
from Areas I, II, and III (see description of each Area below). A program may exercise discretion
regarding which of the three (3) areas it increases beyond the minimum to arrive at the twenty-seven
[27] hour total.
A minimum of sixty (60) semester hours will be taken in the marriage and family therapy curriculum.
Area I: Theoretical Foundations of Marriage and Family Therapy
A minimum of one (1) course (three [3] semester or equivalent quarter hours) will be taken in Area I.
In Area I, students conceptualize and distinguish the critical epistemological issues in marriage and
family therapy.
Students learn about the historical development, theoretical foundations, and contemporary conceptual
directions of the field of marriage and family therapy.
21
Course content should not be isolated conceptually from clinical concerns, nor is it adequate for
students to deal only with practical treatment issues without reference to theoretical literature.
Area II: Assessment and Treatment in Marriage and Family Therapy
A minimum of four (4) courses (twelve [12] semester or equivalent quarter hours) will be taken in Area
II.
Area II courses will provide students with a comprehensive survey and substantive understanding of the
major models of marriage and family therapy.
Courses taught in Area II will address the applied aspects of marriage and family therapy practice.
Courses taught in Area II will focus on two (2) major interdependent components: diagnosis/assessment
and treatment processes. Within the context of marital and family systems, students will learn to
diagnose and treat both dysfunctional relationship patterns and nervous and mental disorders, whether
cognitive, affective, or behavioral. Major marriage and family therapy assessment methods and
instruments will be covered. Marriage and family therapy faculty will teach students to use appropriate
major mental health assessment instruments within a systemic context.
Courses taught in Area II will educate students about a wide variety of presenting problems including,
but not limited to, incest, intense stress, problems of life cycle transitions, sexual dysfunctions,
substance abuse, suicide, and violence.
Area III: Human Development and Family Studies
A minimum of two (2) courses (six [6] semester or equivalent quarter hours) will be taken in Area III.
In Area III, students learn about the developmental processes in the family.
Courses taught in Area III will emphasize the interface between the interpersonal and the intra
personal.
In Area III, students learn about the patterns and dynamics of family life.
Courses taught in Area III will enable the student to become conversant with the life cycle of the family
and the process and modification of family structures over time (e.g., birth of the first child, adolescent
sexual development, leaving home, etc.).
Programs will expose all students to issues of gender as they relate to marriage and family therapy
theory and practice. Course content in this area will include sex discrimination and gender role
stereotyping.
Programs will expose all students to issues of ethnicity, race, socioeconomic status and culture as they
relate to marriage and family therapy and practice. Course content will include social, educational,
economic, and behavioral factors.
Programs will expose all students to issues of sexuality as they relate to marriage and family therapy
theory and practice. Course content will include sexual orientation and sexual functioning.
22
Programs located in regions that are heavily populated with specific ethnic minority groups will include
content specifically relevant to these groups.
Area IV: Ethics and Professional Studies
A minimum of one (1) course (three [3] semester or equivalent quarter hours) will be taken in Area IV.
Area IV contributes to the development of a professional attitude and identity. Studies will include
professional socialization and the role of professional organizations, licensure and certification, legal
responsibilities and liabilities of clinical practice and research, family law, confidentiality issues, the
AAMFT Code of Ethics, and interprofessional cooperation.
The content of course work will be specific to the practice and profession of marriage and family
therapy. A generic course in ethics is inappropriate for Area IV.
Area V: Research
A minimum of one (1) course (three [3] semester or equivalent quarter hours) will be taken in Area V.
In Area V, students gain an understanding of research methodology and data analysis, and learn to
evaluate research in marriage and family therapy.
Emphasis will be placed on research in marriage and family therapy.
Course content will include both quantitative and qualitative research.
Area VI: Supervised Clinical Practice
Students are required to spend a minimum of five hundred (500) face-to-face hours with clients.
Programs will document a student’s satisfactory completion of the five hundred (500) hour requirement
before awarding a degree.
Although students may treat individual clients, at least 250 hours (fifty percent [50%] of the 500 direct
client contact hours) must be completed with couples or families physically present in the therapy room.
Enrollment in supervised clinical practice (Area VI) is required for clinical practice for a minimum of
twelve (12) semester hours.
Preparation for clinical practice includes any necessary remediation for previous clinical deficiencies.
Clinical training will integrate didactic with clinical material. A practicum is a part-time clinical
experience completed concurrently with didactic coursework. A practicum typically results in 5--10
direct client hours per week. It also includes such activities as supervision, staff meetings, community
relations, and record keeping.
Direct client contact is defined as face-to-face (therapist and client) therapeutic meetings. Activities
such as brief telephone contact, case planning, observation of therapy, record keeping, travel,
23
administrative activities, consultation with community members or professionals, or supervision,
are not considered direct client contact.
Assessments may be counted as direct client contact if they are face-to-face processes that are more
than clerical in nature and focus.
Both individual or dyadic and group supervision of the student’s clinical practice are required.
Individual or dyadic supervision will occur at least once (1) per week over a period of one (1) or more
years.
A minimum of one hundred (100) hours of supervision is required in the supervised clinical practica.
A minimum twelve (12) successive months of supervised clinical practice is required.
Area VII: Additional Courses
A minimum of one (1) course (three [3] semester or equivalent quarter hours) will be taken in Area VII.
Additional courses offered will augment students’ specialized interest and background in marriage and
family therapy. Additional courses may be chosen from coursework offered in a variety of disciplines.