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02-514
Department of Professional and Financial Regulation
Board of Counseling Professionals Licensure

2003-2004 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 02-514
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing & Registration, Board of Counseling Professionals Licensure

CONTACT PERSON: Penny Vaillancourt, Board Administrator, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8420

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2003-2004 RULEMAKING ACTIVITY:

CHAPTER 1: General
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the purpose of the Board and defines various terms used in these rules. New terms may be added and others clarified.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Licensure Requirements and Examination Procedure
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the educational requirements, examination procedure, and the supervisory requirements for each license category governed by the Board. Wording may be added to clarify that the affidavit is intended to be "descriptive" rather than "evaluative"; the current 45-hour Masters Degree requirement may be increased to 60 hours to enhance portability; and the core course requirement may be standardized across licensure categories.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Applicants for licensure and licensees involved in supervision.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Registration Requirements
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the requirements for registration with the Board of Counseling Professionals Licensure. These may be amended to introduce more stringent requirements on registration and to subject registrants to continuing education requirements.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Applicants for registered status.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Conditional License
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the requirements for conditional licensure with the Board of Counseling Professionals Licensure.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Licensure by Comity
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the conditions under which the examination may be waived by the Board in instances where an applicant is licensed or certified by another state or territory.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 6: Application Procedure
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the procedure to be followed by applicants for licensure and registration. Provisions may be added pertinent to the staff review of applications.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 7: Renewal of Licensure
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the procedure to be followed for renewal of licensure.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 8: Standards of Practice
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the standards of practice, which include: (1) the Disclosure Statement, (2) the Client Bill of Rights, (3) the Code of Ethics and (4) Continuing Education. Provisions relating to "Telepractice" course offerings over the Internet may be introduced. The current two-year prohibition on dual relationships may be expanded to five years.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Consumers and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 9: Fees
STATUTORY AUTHORITY: 32 MRSA §13853(2) and 10 MRSA §8003(2-A)(D).
PURPOSE: Possible repeal. (This Chapter outlines the fees charged by the board; if and when its content is incorporated into Chapter 10 of the rules of the Office of Licensing and Registration, this chapter can be repealed.)
ANTICIPATED SCHEDULE: Not definitive.
AFFECTED PARTIES: Licensees and the Board.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 10: Enforcement and Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines enforcement and disciplinary procedures as follows: (1) Denial of Licensure; (2) Complaints; (3) Disciplinary Procedures; and (4) Reinstatement Following Disciplinary Action.
ANTICIPATED SCHEDULE: Spring 2004.
AFFECTED PARTIES: Applicants for licensure, existing licensees, and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


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