CHAPTER 43-47
COUNSELORS
43-47-01. Definitions. As used in this chapter, unless the context otherwise requires:
1.
"Board" means the board of counselor examiners.
2.
"Counseling" means the application of human development and mental health<br>principles in a therapeutic process and professional relationship to assist individuals,<br>couples, families, and groups in achieving more effective emotional, mental, marital,<br>family, and social or educational development and adjustment.
The goals of
professional counseling are to:
a.
Facilitate human development and adjustment throughout the lifespan;
b.
Prevent, assess, and treat emotional, mental, or behavioral disorder and<br>distress which interferes with mental health;
c.
Conduct assessments for the purpose of establishing treatment goals and<br>objectives; and
d.
Plan, implement, and evaluate treatment plans using professional counseling<br>strategies and interventions.
3.
"Counselor" means a person who has been granted either a professional counselor<br>or associate professional counselor license by the board.
4.
"Licensed associate professional counselor" means a person who has been granted<br>an associate professional license by the board to offer and conduct counseling under<br>the supervision of a licensed professional counselor or such other person meeting<br>the requirements of supervising professional set by the board.
5.
"Licensed professional counselor" means a person who is trained in counseling or a<br>related human service field and has been granted a professional counselor license<br>by the board.
43-47-02. Board of counselor examiners - Qualifications - Appointment - Term of
office - Compensation.
1.
The governor shall appoint the board of counselor examiners which consists of five<br>members, including two practicing counselors, one counselor educator, and two<br>members of the public.
2.
Members of the board are appointed for terms of three years, except of those first<br>appointed, one must be appointed for a term of one year, two must be appointed for<br>terms of two years, and two must be appointed for terms of three years.
Each
member holds office until the member's successor is duly appointed. The governor<br>may remove any member for misconduct, incompetency, or neglect of duty after<br>providing the member with a written statement of the charges and an opportunity for<br>a hearing.
3.
The board shall annually select a chairman from among its members. The board<br>shall meet at least twice a year. Additional meetings may be held at the discretion of<br>the chairman or upon written request of any three members of the board.
4.
Each member shall serve without compensation but is entitled to receive expenses<br>as provided in section 54-06-09 and per diem as must be fixed by the board.
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43-47-03.
Duties and responsibilities of board.
In addition to the duties set forth
elsewhere in this chapter, the board shall:
1.
Publish an annual list of the names and addresses of all persons licensed under this<br>chapter.
2.
Approve and administer an examination for counselors.
3.
Set and collect a fee, not to exceed one hundred fifty dollars, for the filing of each<br>application for a license under this chapter and set and collect a fee, not to exceed<br>one hundred dollars, for the renewal of a license under this chapter.
4.
Deposit and disburse all fees and moneys collected by the board in accordance with<br>section 54-44-12.
5.
Establish continuing education requirements for license renewal.
6.
Issue provisional or probationary licenses.
7.
Establish a code of ethics for the practice of counseling.
43-47-03.1.
Authority to appoint or employ.
The board may appoint or employ
persons to assist the board in carrying out its duties under this chapter.
43-47-04. Representation to the public. Only persons licensed under this chapter may
use the title "professional counselor" or "associate professional counselor", or the abbreviations<br>"LPC" or "LAPC". The license issued by the board must be prominently displayed at the principal<br>place of business of the counselor.
43-47-05. Counseling practice - Exceptions.
1.
This chapter does not prevent any person licensed by the state from doing work<br>within the standards and ethics of that person's profession, if that person does not<br>represent to the public that the person is a professional counselor or associate<br>professional counselor.
2.
This chapter does not apply to the activities, services, or use of an official title on the<br>part of a person employed as a counselor by any federal, state, or local political<br>subdivision or by a private or public educational institution, if the person is<br>performing counseling within the scope of employment.
3.
This chapter does not prevent students or trainees who are enrolled in programs<br>leading to counseling degrees from interning within the limitations set by the rules<br>adopted by the board under chapter 28-32.
4.
This chapter does not prevent a licensed attorney from providing services within the<br>scope of the practice of law.
5.
This chapter does not prevent a member of the clergy of any religious denomination<br>from providing services within the scope of ministerial duties.
6.
This chapter does not prevent the employment of, or volunteering by, individuals in<br>nonprofit agencies or community organizations if these persons do not hold<br>themselves out to the public as professional counselors or associate professional<br>counselors.
43-47-06. Licenses - Qualifications - Reciprocity.
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1.
Except as otherwise provided in this chapter, no person may engage in counseling<br>in this state unless that person is a licensed professional counselor or licensed<br>associate professional counselor.
2.
The board shall issue a license as a licensed professional counselor to each<br>applicant who files an application upon a form and in a manner the board prescribes,<br>accompanied by the required fee, and who furnishes evidence to the board that the<br>applicant:
a.
Has received a master's degree from an accredited school or college in<br>counseling or other program that meets the academic and training standards<br>adopted by the board;
b.
Has provided personal and professional recommendations that meet the<br>requirements adopted by the board and has satisfied the board that the<br>applicant will adhere to the highest standards of the profession of counseling;
c.
Has two years of supervised experience under a licensed professional<br>counselor, or its equivalent as determined by the board;
d.
Has provided a statement of professional intent to practice in this state<br>describing the applicant's proposed use of the license, the intended client<br>population, and the counseling procedures, as defined by the board, the<br>applicant intends to use in serving the client population; and
e.
Has demonstrated knowledge in the field of counseling by successful<br>completion of an examination prescribed by the board.
3.
The board shall issue a license as a licensed associate professional counselor to<br>each applicant who files an application upon a form and in a manner the board<br>prescribes, accompanied by the required fee, and who furnishes sufficient evidence<br>to the board that the applicant:
a.
Has received a master's degree from an accredited school or college in<br>counseling or other program that meets the academic and training standards<br>adopted by the board;
b.
Has provided personal and professional recommendations that meet the<br>requirements adopted by the board and has satisfied the board that the<br>applicant will adhere to the standards of the profession of counseling; and
c.
Has provided a written plan for supervised experience which meets the<br>requirements adopted by the board.
4.
The board may waive the formal examination requirements for a professional<br>counselor license when the applicant has been licensed or certified to practice<br>counseling in another state under standards and qualifications similar to or greater<br>than those set by the board.
5.
A professional counselor shall renew the license every two years. The board shall<br>renew a license upon payment of a fee set by the board and upon demonstration by<br>the licenseholder of completion of continuing education requirements set by the<br>board.
6.
An associate professional counselor initially licensed under this chapter may be<br>licensed for no more than two years. The associate professional counselor's license<br>may be extended beyond two years only upon recommendation of the associate<br>professional counselor's supervisor and three other counselors, at least one of
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whom must be a professor from the associate professional counselor's training<br>program.
43-47-06.1.
Board may establish specialty licenses.
The board may provide a
counselor specialty license to any licensed professional counselor who meets the standards<br>established by the board for that particular specialty.
The board shall adopt standards for
specialty licenses equal to or greater than those established by the national board of certified<br>counselors, which governs the standards for particular specialties. The board may not create a<br>specialty license for which the scope of practice is defined under any other chapter in this title.
43-47-06.2. Payment of delinquent license fees - Reinstatement. A person who has
been licensed under this chapter, and whose license has not been renewed because of the<br>failure to pay the annual license fee, must be reinstated and the license renewed if within one<br>year from the date of nonrenewal the person pays to the secretary of the board the amount of the<br>annual license fee in default and a late fee to be determined by rule of the board.
43-47-07. Disciplinary proceedings. The board may deny, refuse to renew, suspend,
or revoke any license issued under this chapter upon finding by a preponderance of the evidence<br>that the applicant or licenseholder:
1.
Has been convicted of an offense determined by the board to have a direct bearing<br>upon the individual's ability to practice counseling and is not sufficiently rehabilitated<br>as determined by the board in accordance with section 12.1-33-02.1;
2.
Has been grossly negligent in the practice of counseling and has injured a client or<br>other person to whom the individual owed a duty; or
3.
Has violated any rule of the board.
43-47-07.1. Costs of prosecution - Disciplinary proceedings. The board may impose
a fee against any person subject to regulation under this chapter to reimburse the board for all or<br>part of the costs of administrative actions resulting in disciplinary action, including the amount<br>paid by the board for services from the office of administrative hearings, attorney's fees, court<br>costs, witness fees, staff time, and other expenses.
43-47-08. Complaints - Investigations.
1.
A person aggrieved by the actions of a counselor licensed under this chapter may<br>file a written complaint with the board citing the specific allegations of misconduct by<br>the counselor. The board shall notify the counselor of the complaint and require a<br>written response from the counselor. Neither the initial complaint nor the counselor's<br>response is public record. The counselor's response must be made available to the<br>complainant.
2.
A counselor who is the subject of an investigation by the board shall cooperate fully<br>with the investigation. Cooperation includes responding fully and promptly to any<br>reasonable question raised by or on behalf of the board relating to the subject of the<br>investigation, and providing copies of patient records when reasonably requested by<br>the board and accompanied by the appropriate release.
3.
In order to pursue the investigation, the board may subpoena and examine<br>witnesses and records, including patient records, and copy, photograph, or take<br>samples. It may require the counselor to give statements under oath, submit to a<br>physical or psychological examination, or both, by a physician or physicians or other<br>qualified evaluation professionals selected by the board if it appears to be in the best<br>interest of the public that this evaluation be secured. A written request from the<br>board constitutes authorization to release information.
Patient records that are
released to the board are not public records.
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4.
After review of the complaint, the counselor's response, and information obtained in<br>the investigation, the board shall determine if there is a reasonable basis to believe<br>that the allegations are true and that the allegations constitute a violation of this<br>chapter or the rules of the board. If the board determines that there is a reasonable<br>basis to believe that the allegations are true and that the allegations constitute a<br>violation of this chapter or the rules of the board, the board shall take appropriate<br>action. If a reasonable basis is not found by the board, the board shall so notify the<br>complaining party and the counselor in writing.
5.
Unless there is a patient release on file allowing the release of information at the<br>public hearing, patient records acquired by the board in its investigation are<br>confidential and closed to the public. All portions of board meetings wherein patient<br>testimony or records are taken or reviewed are confidential and closed to the public.<br>If no patient testimony or records are taken or reviewed, the remainder of the<br>meeting is an open meeting unless a specific exemption is otherwise applicable.
43-47-09. Confidentiality. Except as authorized by law, no person licensed under this
chapter may be required to disclose any information acquired in rendering counseling services<br>without the consent of the person who received the counseling services.
43-47-10.
Penalty.
Any person who violates this chapter is guilty of a class B
misdemeanor.
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Document Outline
chapter 43-47 counselors
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