SF0103 - Mental Health Professions Practice Act-requirements.

 

2001

State of Wyoming

01LSO-0446.E1 ENGROSSED

 

 

 

SENATE FILE NO.  SF0103

 

 

Mental Health Professions Practice Act-requirements.

 

Sponsored by:  Senator(s) Scott and Representative(s) Iekel
and Warren

 

 

A BILL

 

for

 

 1  AN ACT relating to the Mental Health Professions Practice
 2  Act; providing an exemption from requirements of the act as
 3  specified; establishing requirements for certification of
 4  addictions practitioner assistant; providing a definition;
 5  amending requirements for issuance of a provisional license
 6  as specified; amending requirements for granting of
 7  reciprocity; and providing for an effective date.

 8 

 9  Be It Enacted by the Legislature of the State of Wyoming:

10 

11         Section 1.  W.S. 33-38-102(a) by creating a new
12  paragraph (xv), 33-38-103 by creating new subsections (d)
13  through (f), 33-38-106(d)(intro), (i), (iv) and by creating
14  a new subsection (n) and by renumbering (n) and (o) as (o)
15  and (p) and 33-38-108 are amended to read:

16 

 

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 1         33-38-102.  Definitions.

 2 

 3         (a)  As used in this act:

 4 

 5              (xv)  "Certified addictions practitioner
 6  assistant" means a person certified under this act to
 7  assist in the practice of addictions treatment, prevention,
 8  intervention, referral and followup under the supervision
 9  of a qualified clinical supervisor licensed in the state of
10  Wyoming.

11 

12         33-38-103.  Exemptions.

13 

14         (d)  Nothing in this act shall prevent persons who are
15  not licensed or certified under this act from providing
16  nonclinical case management services to assist the client
17  in gaining access to needed medical, social, educational
18  and other services, to assist the client in making
19  arrangements necessary to move from a residential, hospital
20  or institutional placement to the family, surrogate family,
21  or other temporary home in the community, and to foster a
22  client's rehabilitation from a diagnosed mental disorder by
23  organizing needed services and supports into an integrated
24  system of care until the client is able to assume those

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 1  case management services include advocacy, crisis
 2  intervention, linkage, monitoring and followup and
 3  referral. For purposes of this subsection:

 4 

 5              (i)  "Advocacy" means advocacy on behalf of a
 6  specific client for the purpose of accessing needed
 7  services;

 8 

 9              (ii)  "Crisis intervention" means intervention
10  and stabilization provided in situations requiring
11  immediate action or resolution for a specific client. The
12  case manager may provide the initial intervention in a
13  crisis situation and assist the client in gaining access to
14  other needed clinical crisis intervention;

15 

16              (iii)  "Linkage" means working with clients or
17  service providers to secure access to services. Activities
18  include making telephone calls to agencies to arrange
19  appointments or services following the initial referral
20  process and preparing clients for appointments;

21 

22              (iv)  "Monitoring and followup" means contacting
23  the client or others to ensure that a client is following a

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 1  prescribed service plan and monitoring the progress and
 2  impact of that plan;

 3 

 4              (v)  "Referral" means  arranging initial
 5  appointments with service providers or informing clients of
 6  services available and addresses and telephone numbers of
 7  agencies providing services.

 8 

 9         (e)  Nothing in this act shall prevent persons who are
10  not licensed or certified under this act from advising or
11  directing an individual regarding the conduct and behavior
12  required as a participant of a program or system.

13 

14         (f)  Nothing in this act shall prevent persons who are
15  not licensed or certified under this act from providing
16  facilitation, leadership or instruction in educational
17  programs addressing behaviors or life skills.  This
18  subsection shall not apply to persons providing
19  facilitation, leadership or instruction to persons in the
20  custody of the department of corrections unless the persons
21  in custody have been subjected to mental health screening.

22 

23         33-38-106.  Requirements for licensure and
24  certification.

 

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 1 

 2         (d)  Provisional licensure is a means to continue
 3  progress towards satisfactory completion of all licensure
 4  requirements under this act. Upon review and approval by
 5  the designated board member, the board shall issue a
 6  provisional license to any applicant, who files an
 7  application upon a form and in the manner prescribed by the
 8  board, accompanied by the appropriate fee and who furnishes
 9  satisfactory evidence to the board of the following:

10 

11              (i)  The applicant has satisfied all requirements
12  the educational requirement for licensure other than the
13  requirements for examination and completion of the required
14  hours of supervised clinical experience under this act, or
15  the applicant has a master’s or doctorate degree that is
16  clinical in content from a regionally accredited
17  institution of higher education in one (1) of the
18  disciplines identified, or the applicant has a license in
19  good standing in the identified discipline from another
20  jurisdiction, whose qualifications may not be substantially
21  comparable to those required by this;

22 

23              (iv)  Unless extended, The provisional license
24  shall expire be issued for a period not longer than thirty-

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 1  six (36) months after issuance or upon receipt depending on
 2  the circumstances, as determined by the board. of the
 3  applicant’s passing examination results, and completion of
 4  the required hours of supervision whichever occurs first It
 5  shall expire on the stated date or upon issuance of a
 6  license under subsection (a) of this section by the board
 7  to the provisional licensee, whichever occurs first;

 8 

 9         (n)  The board shall grant certification as a
10  certified addictions practitioner assistant to any
11  applicant who files an application upon a form and in the
12  manner prescribed by the board, accompanied by the
13  appropriate fee and who furnishes satisfactory evidence to
14  the board of the following:

15 

16              (i)  The applicant has completed two hundred
17  seventy (270) contact hours of education and training in
18  alcoholism and drug abuse or related counseling subjects
19  that meet the academic and training content standards
20  established by the board.  The board shall use the
21  professional training standards of the appropriate
22  professional association as established by the rules and
23  regulation;

24 

 

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 1              (ii)  The applicant has reached the age of
 2  majority;

 3 

 4              (iii)  The applicant has no felony convictions,
 5  and no misdemeanor convictions involving moral turpitude,
 6  although exceptions to this requirement may be granted by
 7  the board if consistent with the public interest;

 8 

 9              (iv)  The applicant has a designated clinical
10  supervisor;

11 

12              (v)  The applicant has demonstrated knowledge in
13  the field of addictions treatment in general by passing a
14  standard examination which may be written or situational,
15  as the board prescribes. The board may develop, adopt and
16  administer appropriate examinations. The board shall
17  establish specific provisions for examination of applicants
18  for certification in the specific discipline at reasonable
19  times and places at least twice each year;

20 

21              (vi)  Unless extended, the applicant has six (6)
22  months from the date of employment to become certified. The
23  board may, for good cause shown, grant an extension of this
24  grace period.

 

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 1 

 2         (n)(o)  Upon examination of all credentials the board
 3  may consider the credentials adequate evidence of
 4  professional competence and recommend to the chairperson of
 5  the board that a license or certification be approved.

 6 

 7         (o)(p)  Persons currently licensed in one (1) of these
 8  disciplines in this state as of July 1, 1997 in a
 9  discipline required to be licensed under this act, shall be
10  presumed to have met all requirements for licensure under
11  this act and shall be eligible for renewal of licensure in
12  accordance with the provisions of this act.

13 

14         33-38-108.  Reciprocity.

15 

16  The board may issue a license or certification by
17  endorsement to engage in the practice of professional
18  counseling, clinical social work, social work, marriage and
19  family therapy and addictions therapy and treatment to any
20  applicant who has a license or certificate in good standing
21  with no formal complaints or sanctions as a professional
22  counselor, a marriage and family therapist, a clinical
23  social worker, social worker, mental health worker,
24  addictions practitioner or an addictions therapist under

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 1  the laws of another jurisdiction if the applicant presents
 2  proof satisfactory to the board that, at the time of
 3  application for a Wyoming license or certification by
 4  endorsement, the applicant possesses credentials and
 5  qualifications substantially equivalent comparable to those
 6  required by this act as determined by the board. The board
 7  shall promulgate rules and regulations setting forth the
 8  manner in which credentials will be reviewed by the board.

 9 

10         Section 2.  This act is effective July 1, 2001.

11 

12                         (END)

 

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