43-47 Counselors - North Dakota Statutes

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CHAPTER 43-47COUNSELORS43-47-01. 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
principles in a therapeutic process and professional relationship to assist individuals,
couples, families, and groups in achieving more effective emotional, mental, marital,
family, and social or educational development and adjustment.The goals ofprofessional counseling are to:a.Facilitate human development and adjustment throughout the lifespan;b.Prevent, assess, and treat emotional, mental, or behavioral disorder and
distress which interferes with mental health;c.Conduct assessments for the purpose of establishing treatment goals and
objectives; andd.Plan, implement, and evaluate treatment plans using professional counseling
strategies and interventions.3."Counselor" means a person who has been granted either a professional counselor
or associate professional counselor license by the board.4."Licensed associate professional counselor" means a person who has been granted
an associate professional license by the board to offer and conduct counseling under
the supervision of a licensed professional counselor or such other person meeting
the requirements of supervising professional set by the board.5."Licensed professional counselor" means a person who is trained in counseling or a
related human service field and has been granted a professional counselor license
by the board.43-47-02. Board of counselor examiners - Qualifications - Appointment - Term ofoffice - Compensation.1.The governor shall appoint the board of counselor examiners which consists of five
members, including two practicing counselors, one counselor educator, and two
members of the public.2.Members of the board are appointed for terms of three years, except of those first
appointed, one must be appointed for a term of one year, two must be appointed for
terms of two years, and two must be appointed for terms of three years.Eachmember holds office until the member's successor is duly appointed. The governor
may remove any member for misconduct, incompetency, or neglect of duty after
providing the member with a written statement of the charges and an opportunity for
a hearing.3.The board shall annually select a chairman from among its members. The board
shall meet at least twice a year. Additional meetings may be held at the discretion of
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
as provided in section 54-06-09 and per diem as must be fixed by the board.Page No. 143-47-03.Duties and responsibilities of board.In addition to the duties set forthelsewhere in this chapter, the board shall:1.Publish an annual list of the names and addresses of all persons licensed under this
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
application for a license under this chapter and set and collect a fee, not to exceed
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
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 employpersons 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 mayuse the title "professional counselor" or "associate professional counselor", or the abbreviations
"LPC" or "LAPC". The license issued by the board must be prominently displayed at the principal
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
within the standards and ethics of that person's profession, if that person does not
represent to the public that the person is a professional counselor or associate
professional counselor.2.This chapter does not apply to the activities, services, or use of an official title on the
part of a person employed as a counselor by any federal, state, or local political
subdivision or by a private or public educational institution, if the person is
performing counseling within the scope of employment.3.This chapter does not prevent students or trainees who are enrolled in programs
leading to counseling degrees from interning within the limitations set by the rules
adopted by the board under chapter 28-32.4.This chapter does not prevent a licensed attorney from providing services within the
scope of the practice of law.5.This chapter does not prevent a member of the clergy of any religious denomination
from providing services within the scope of ministerial duties.6.This chapter does not prevent the employment of, or volunteering by, individuals in
nonprofit agencies or community organizations if these persons do not hold
themselves out to the public as professional counselors or associate professional
counselors.43-47-06. Licenses - Qualifications - Reciprocity.Page No. 21.Except as otherwise provided in this chapter, no person may engage in counseling
in this state unless that person is a licensed professional counselor or licensed
associate professional counselor.2.The board shall issue a license as a licensed professional counselor to each
applicant who files an application upon a form and in a manner the board prescribes,
accompanied by the required fee, and who furnishes evidence to the board that the
applicant:a.Has received a master's degree from an accredited school or college in
counseling or other program that meets the academic and training standards
adopted by the board;b.Has provided personal and professional recommendations that meet the
requirements adopted by the board and has satisfied the board that the
applicant will adhere to the highest standards of the profession of counseling;c.Has two years of supervised experience under a licensed professional
counselor, or its equivalent as determined by the board;d.Has provided a statement of professional intent to practice in this state
describing the applicant's proposed use of the license, the intended client
population, and the counseling procedures, as defined by the board, the
applicant intends to use in serving the client population; ande.Has demonstrated knowledge in the field of counseling by successful
completion of an examination prescribed by the board.3.The board shall issue a license as a licensed associate professional counselor to
each applicant who files an application upon a form and in a manner the board
prescribes, accompanied by the required fee, and who furnishes sufficient evidence
to the board that the applicant:a.Has received a master's degree from an accredited school or college in
counseling or other program that meets the academic and training standards
adopted by the board;b.Has provided personal and professional recommendations that meet the
requirements adopted by the board and has satisfied the board that the
applicant will adhere to the standards of the profession of counseling; andc.Has provided a written plan for supervised experience which meets the
requirements adopted by the board.4.The board may waive the formal examination requirements for a professional
counselor license when the applicant has been licensed or certified to practice
counseling in another state under standards and qualifications similar to or greater
than those set by the board.5.A professional counselor shall renew the license every two years. The board shall
renew a license upon payment of a fee set by the board and upon demonstration by
the licenseholder of completion of continuing education requirements set by the
board.6.An associate professional counselor initially licensed under this chapter may be
licensed for no more than two years. The associate professional counselor's license
may be extended beyond two years only upon recommendation of the associate
professional counselor's supervisor and three other counselors, at least one ofPage No. 3whom must be a professor from the associate professional counselor's training
program.43-47-06.1.Board may establish specialty licenses.The board may provide acounselor specialty license to any licensed professional counselor who meets the standards
established by the board for that particular specialty.The board shall adopt standards forspecialty licenses equal to or greater than those established by the national board of certified
counselors, which governs the standards for particular specialties. The board may not create a
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 hasbeen licensed under this chapter, and whose license has not been renewed because of the
failure to pay the annual license fee, must be reinstated and the license renewed if within one
year from the date of nonrenewal the person pays to the secretary of the board the amount of the
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
that the applicant or licenseholder:1.Has been convicted of an offense determined by the board to have a direct bearing
upon the individual's ability to practice counseling and is not sufficiently rehabilitated
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
other person to whom the individual owed a duty; or3.Has violated any rule of the board.43-47-07.1. Costs of prosecution - Disciplinary proceedings. The board may imposea fee against any person subject to regulation under this chapter to reimburse the board for all or
part of the costs of administrative actions resulting in disciplinary action, including the amount
paid by the board for services from the office of administrative hearings, attorney's fees, court
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
file a written complaint with the board citing the specific allegations of misconduct by
the counselor. The board shall notify the counselor of the complaint and require a
written response from the counselor. Neither the initial complaint nor the counselor's
response is public record. The counselor's response must be made available to the
complainant.2.A counselor who is the subject of an investigation by the board shall cooperate fully
with the investigation. Cooperation includes responding fully and promptly to any
reasonable question raised by or on behalf of the board relating to the subject of the
investigation, and providing copies of patient records when reasonably requested by
the board and accompanied by the appropriate release.3.In order to pursue the investigation, the board may subpoena and examine
witnesses and records, including patient records, and copy, photograph, or take
samples. It may require the counselor to give statements under oath, submit to a
physical or psychological examination, or both, by a physician or physicians or other
qualified evaluation professionals selected by the board if it appears to be in the best
interest of the public that this evaluation be secured. A written request from the
board constitutes authorization to release information.Patient records that arereleased to the board are not public records.Page No. 44.After review of the complaint, the counselor's response, and information obtained in
the investigation, the board shall determine if there is a reasonable basis to believe
that the allegations are true and that the allegations constitute a violation of this
chapter or the rules of the board. If the board determines that there is a reasonable
basis to believe that the allegations are true and that the allegations constitute a
violation of this chapter or the rules of the board, the board shall take appropriate
action. If a reasonable basis is not found by the board, the board shall so notify the
complaining party and the counselor in writing.5.Unless there is a patient release on file allowing the release of information at the
public hearing, patient records acquired by the board in its investigation are
confidential and closed to the public. All portions of board meetings wherein patient
testimony or records are taken or reviewed are confidential and closed to the public.
If no patient testimony or records are taken or reviewed, the remainder of the
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 thischapter may be required to disclose any information acquired in rendering counseling services
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 Bmisdemeanor.Page No. 5Document Outlinechapter 43-47 counselors