GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 514
AN ACT TO PROVIDE FOR THE REGULATION OF THE PRACTICE OF COUNSELING AND THE LICENSURE OF COUNSELORS.
The General Assembly of North Carolina enacts:
Section 1. Article 24 of Chapter 90 of the General Statutes reads as rewritten:
"ARTICLE 24.
"Registered
Practicing. Licensed Professional Counselors Act.
"§ 90-329. Declaration of policy.
It is declared to be the public policy of this State that the
activities of persons using the title 'Registered Practicing Counselor' who
render counseling services to the public be regulated to insure the
protection of the public health, safety safety, and welfare.
"§ 90-330.
Definitions; practice of law; practice of marriage and family therapy.
(a) Definitions. - As used in this Article certain terms are defined as follows:
(1) A
'counselor' is a person engaged in the practice of counseling who is not a
Registered Practicing Counselor as defined in this Article.
(1a) The 'Board' means the Board of Licensed Professional Counselors.
(2) A 'Registered
Practicing Counselor' 'licensed professional counselor' is a person
engaged in the practice of counseling who holds a certificate license
as a Registered Practicing Counselor licensed professional
counselor issued to him under the provisions of this Article.
(3) The 'practice of
counseling' means holding oneself out to the public as a practicing professional
counselor offering counseling services which that include,
but are not limited to to, the following:
a. Counseling.
- Assisting an individual, individuals, groups, and families through
the counseling relationship, using a combination of clinical mental health
and human development principles, methods, diagnostic procedures, treatment
plans, and other psychotherapeutic techniques, to develop an understanding
of personal problems, to define goals goals, and to plan action
reflecting his or her the client's interests, abilities, aptitudes,
and mental health needs as these are related to personal-social personal-social-emotional
concerns, education progress educational progress, and
occupations and careers.
b. Appraisal Activities. - Administering and interpreting tests for assessment of personal characteristics.
c. Consulting.
- Interpreting scientific data and providing guidance and personnel
services to individuals, groups groups, or organizations.
d. Referral Activities. - Identifying problems requiring referral to other specialists.
e. Research
Activities. - Designing, conducting conducting, and
interpreting research with human subjects.
(4) A 'supervisor' means any licensed professional counselor or, when one is inaccessible, an equivalently credentialed mental health professional, as determined by the Board, with a minimum of five years of counseling experience who meets the qualifications established by the Board.
(b) Practice of
Law. Nothing in this Article shall be construed as authorizing Registered
Practicing Counselors to engage in the practice of law, and such person shall
not engage in the practice of law unless duly licensed so to do.
(c) Practice of Marriage
and Family Therapy, Psychology Psychology, or Social Work. - No
person hereafter registered licensed as a Practicing Counselor
licensed professional counselor under the provisions of this Article
shall be allowed to hold himself or herself out to the public as having
specialized training or experience as an expert or specializing in the field of
a Marriage and Family Therapy, Psychology or Social Work certified
marriage and family therapist, licensed practicing psychologist, psychological
associate, or certified clinical social worker unless specifically
authorized by other provisions of law.
"§ 90-331.
Unlawful use of title 'Registered Practicing Counselor.' 'licensed
professional counselor'.
It shall be unlawful for any person who has not received
a certificate of qualification as a Registered Practicing Counselor to
assume or use such a title, or to use any words or other means of
identification indicating that the person has been certified as a Registered
Practicing Counselor, but such person may use the term 'counselor' in
connection with his name relating to his services as a counselor. It
shall be unlawful for any person who is not licensed under this Article to
engage in the practice of counseling, use the title 'licensed professional
counselor', use the letters 'LPC', use any facsimile or combination of these
words or letters, abbreviations, or insignia, or indicate or imply orally, in
writing, or in any other way that the person is a licensed professional
counselor.
"§ 90-332. Use of title by firm.
It shall be unlawful for any firm, partnership, corporation, association
association, or other business or professional entity to assume or
use the title of Registered Practicing Counselor, licensed
professional counselor unless each of the members of such the firm,
partnership partnership, or association first shall have
received a certificate of qualification from is licensed by the State
Board of Registered Practicing Counselors. Board.
"§ 90-332.1. Exemptions from licensure.
(a) It is not the intent of this Article to regulate members of other regulated professions who do counseling in the normal course of the practice of their profession. Accordingly, this Article does not apply to:
(1) Lawyers licensed under Chapter 84, doctors licensed under Chapter 90, and any other person registered, certified, or licensed by the State to practice any other occupation or profession while rendering counseling services in the performance of the occupation or profession for which the person is registered, certified, or licensed.
(2) Any school counselor certified by the State Board of Education while counseling within the scope of employment by a board of education or private school.
(3) Any student intern or trainee in counseling pursuing a course of study in counseling in a regionally accredited institution of higher learning or training institution, if the intern or trainee is a designated 'counselor intern' and the activities and services constitute a part of the supervised course of study.
(4) Any person counseling as a supervised counselor in a supervised professional practice under G.S. 90-336(b)(2).
(5) Any ordained minister or other member of the clergy while acting in a ministerial capacity who does not charge a fee for the service, or any person invited by a religious organization to conduct, lead, or provide counseling to its members when the service is not performed for more than 30 days a year.
(6) Any nonresident temporarily employed in this State to render counseling services for not more than 30 days in a year, if the person holds a license or certificate required for counselors in another state.
(7) Any person employed by State, federal, county, or municipal government while counseling within the scope of employment.
(8) Any person performing mental health counseling solely as an employee of an area facility, as defined in G.S. 122C-3(14)a., if both of the following apply:
a. The mental health services are provided by a qualified mental health professional who meets or exceeds the minimum educational qualifications for licensure as a licensed professional counselor under this Article.
b. The area facility has obtained written verification from the following boards that the employee has not had his or her license, registration, or certification revoked, rescinded, or suspended: the North Carolina Board of Licensed Professional Counselors, the North Carolina State Board of Examiners of Practicing Psychologists, the North Carolina Certification Board for Social Work, and the North Carolina Marital and Family Therapy Certification Board.
(b) Persons who claim to be exempt under subsection (a) of this section are prohibited from advertising or offering themselves as 'licensed professional counselors'.
(c) Persons licensed under this Article are exempt from rules pertaining to counseling adopted by other occupational licensing boards.
"§ 90-333.
North Carolina Board of Registered Practicing Licensed Professional Counselors;
appointments; terms; composition.
(a) For the purpose of
carrying out the provisions of this Article, there is hereby created the North
Carolina Board of Registered Practicing Licensed Professional Counselors
which shall consist of seven members appointed by the Governor in the manner
hereinafter prescribed. Any nationally recognized association
representing professional counselors may submit recommendations to the Governor
for Board membership. The Governor may remove any member of the Board
for neglect of duty or malfeasance or conviction of a felony or other crime of
moral turpitude, but for no other reason.
(b) At least five members
of the Board shall be Registered Practicing Counselors licensed
professional counselors except that initial appointees shall be persons who
meet the educational and experience requirements for registration as
Registered Practicing licensure as licensed professional counselors
under the provisions of this Article; and two members shall be appointed
from the public at large. public-at-large members appointed from the
general public. Composition of the Board as to the race and sex of
its members shall reflect the composition of the population of the State of
North Carolina. State and each member shall reside in a different
congressional district.
(c) At all times the
Board shall include at least two counselors one counselor primarily
engaged in counselor education, at least one counselor primarily engaged in the
public sector, and at least two counselors one counselor primarily
engaged in the private sector. sector, and two licensed professional
counselors at large.
(d) All members of the
Board shall be residents of the State of North Carolina, and after the
establishment of the initial Board, all members, and, with the
exception of the public members public-at-large members, shall be
registered licensed by the Board under the provisions of this
Article. Professional members of the Board must be actively engaged in the
practice of counseling or in the education and training of students in counseling,
and have been for at least three years prior to their appointment to the Board.
Such The engagement in this activity during the two years
preceding the appointment shall have occurred primarily in this State.
(e) The term of office of each member of the Board shall be three years; provided, however, that of the members first appointed, three shall be appointed for terms of one year, two for terms of two years, and two for terms of three years. No member shall serve more than two consecutive three-year terms.
(f) Each term of service on the Board shall expire on the 30th day of June of the year in which the term expires. As the term of a member expires, the Governor shall make the appointment for a full term, or, if a vacancy occurs for any other reason, for the remainder of the unexpired term.
(g) Members of the Board shall receive compensation for their services and reimbursement for expenses incurred in the performance of duties required by this Article, at the rates prescribed in G.S. 93B-5.
(h) The Board may employ, subject to the provisions of Chapter 126 of the General Statutes, the necessary personnel for the performance of its functions, and fix their compensation within the limits of funds available to the Board.
"§ 90-334. Functions and duties of the Board.
(a) The Board shall administer and enforce the provisions of this Article.
(b) The Board shall elect from its membership, a chairperson, a vice-chairperson, and secretary-treasurer, and adopt rules to govern its proceedings. A majority of the membership shall constitute a quorum for all Board meetings.
(c) The Board shall
examine and pass on the qualifications of all applicants for certificates licenses
under this Article, and shall issue a certificate license or
renewal of license to each successful applicant therefor.
(d) The Board may adopt a
seal which may be affixed to all certificates licenses issued by
the Board.
(e) The Board may authorize expenditures deemed necessary to carry out the provisions of this Article from the fees which it collects, but in no event shall expenditures exceed the revenues of the Board during any fiscal year. No State appropriations shall be subject to the administration of the Board.
(f) The Board shall
establish and receive fees not to exceed seventy-five dollars ($75.00) one
hundred dollars ($100.00) for initial or renewal application, not to exceed
seventy-five dollars ($75.00) one hundred dollars ($100.00) for
examination, and not to exceed fifteen dollars ($15.00) twenty-five
dollars ($25.00) for late renewal; renewal, maintain Board
accounts of all receipts, and make expenditures from Board receipts for any
purpose which is reasonable and necessary for the proper performance of its
duties under this Article.
(g) The Board shall have
the power to establish or approve study or training courses and to establish
reasonable standards for registration licensure and certificate
license renewal, including but not limited to the power to adopt or
use examination materials and accreditation standards of any recognized
counselor accrediting agency and the power to establish reasonable standards
for continuing counselor education; provided that for certificate renewal no
examination shall be required. education.
(h) Subject to the
provisions of Chapter 150B of the General Statutes, the Board shall have the
power to adopt, amend, or repeal rules and regulations to carry out the
purposes of this Article, including but not limited to the power to adopt
ethical and disciplinary standards.
(i) The Board
shall not adopt rules to regulate individuals who do not use the title
'Registered Practicing Counselor.' The Board shall establish the
criteria for determining the qualifications constituting 'supervised
professional practice'.
(j) The Board may examine counselor applicants, approve, issue, deny, revoke, suspend, and renew the licenses of counselor applicants and licensees under this Article, and conduct hearings in connection with these actions.
(k) The Board shall investigate, subpoena individuals and records, and take necessary appropriate action to properly discipline persons licensed under this Article and to enforce this Article.
"§ 90-335. Board general provisions.
The Board shall be subject to the provisions of Chapter 93B of the General Statutes.
"§ 90-336.
Title and qualifications for registration. licensure.
(a) Each person desiring
to be registered by the Board a licensed professional counselor shall
make application to the Board upon such forms and in such manner as the Board
shall prescribe, together with the required application fee established by
the Board. fee.
(b) The Board shall issue
a certificate as 'Registered Practicing Counselor' license as
'licensed professional counselor' to an applicant who: who meets
all of the following criteria:
(1) Has earned one of the following:
a. A masters degree in counseling from a regionally accredited institution of higher education, which includes a minimum of 48 semester hours.
Holds a Master's degree from a
college or university accredited by one of the regional accrediting
associations or from a college or university determined by the Board to have
standards substantially equivalent to a regionally accredited institution, and
(2) Has a
b. A
graduate degree in a related field including a concentration in
subject matter directly related to the practice of counseling as defined
in G.S. 90-330(a)(3) or a degree supplemented with courses that the
Board determines to be substantially equivalent, and equivalent.
(3) (2) Provides satisfactory evidence of the
completion of two years' experience in the practice of counseling under the
direct supervision of a Registered Practicing Counselor. A doctoral degree in
counseling from an accredited college or university may be substituted for two
years of experience. Has had no less than two years of masters or
post-masters counseling experience, or of both, in a professional setting,
including a minimum of 2,000 hours of supervised professional practice as
defined by the Board.
(3) Has passed an examination as adopted by the Board.
"§ 90-337.
Persons certified credentialed in other states.
A counselor who holds a valid and unrevoked certificate as
a Registered Practicing Counselor, or its equivalent, issued under authority of
any state, or the District of Columbia, and who resides within the State of
North Carolina, may perform work within the State: Provided, that he register
with the State Board of Registered Practicing Counselors and comply with its
rules regarding such registration. Such person may use the term 'Counselor' in
connection with his name, but may not use the term 'Registered Practicing
Counselor' without registering with the Board. The Board may
license any person who is currently licensed, certified, or registered by
another state if the individual has met requirements determined by the Board to
be substantially similar to or exceeding those established under this Article.
"§ 90-338.
Temporary exemption from academic qualifications. Exemptions.
Applicants holding certificates of registration as Registered
Practicing Counselors and in good standing with the Board shall be issued
licenses as licensed professional counselors without meeting the requirements
of G.S. 90-336(b). Applicants who were engaged in the practice of
counseling before January 1, 1984, The following applicants shall be
exempt from the academic qualifications required by this Article for Registered
Practicing Counselors licensed professional counselors and shall be registered
licensed upon passing the Board examination and meeting the
experience requirements. requirements:
(1) An applicant who was engaged in the practice of counseling before July 1, 1993.
(2) An applicant who holds a masters degree from a college or university accredited by one of the regional accrediting associations or from a college or university determined by the Board to have standards substantially equivalent to a regionally accredited institution, provided the applicant was enrolled in the masters program prior to July 1, 1994.
"§ 90-339.
Renewal of certificates of registration. licenses.
(a) All certificates
of registration licenses shall be effective upon the date of
issuance by the Board, and shall expire on the second June 30 thereafter.
(b) All certificates
of registration licenses issued hereunder shall be renewed at the
times and in the manner provided by this section. At least 45 days prior to
expiration of each certificate of registration, license, the
Board shall mail a notice for certificate license renewal to the
person certified licensed for the current certification licensure
period. At least 10 days before the current certificate license expires,
the applicant must return the notice properly completed, together with a
renewal fee established by the Board, Board and evidence of
continuing counselor education as approved by the Board, upon receipt of
which the Board shall issue to the person to be registered licensed the
renewed certificate of registration license for the period stated
on the said certificate. license.
(c) Any person certified
licensed who allows his certificate the license to
lapse for failure to apply for renewal within 45 days after notice shall be
subject to a the late renewal fee as established herein. fee.
Failure to apply for renewal of a certificate of registration license
within one year after the certificate's license's expiration
date will require that a certificate of registration license be
reissued only upon application as for an original certificate. license.
"§ 90-340.
Disciplinary procedures. Protection of the public.
The Board may, in accordance with the provisions of Chapter
150B of the General Statutes, refuse to grant or to renew, may suspend, or may
revoke the certificate license of any person certified licensed
under this Article on one or more of the following grounds:
(1) Conviction of a
misdemeanor under this Article; or Article.
(2) Conviction of a felony
under the laws of the United States or of any state of the United States; or
States.
(3) Gross unprofessional
conduct, dishonest practice or incompetence in the practice of counseling;
or counseling.
(4) Procuring or
attempting to procure a certificate of registration license by
fraud, deceit, or misrepresentation; or misrepresentation.
(5) Any fraudulent or
dishonest conduct in counseling; or counseling.
(6) Inability of the
person to perform the functions for which a certificate of registration license
has been issued due to impairment of mental or physical faculties; or faculties.
(7) Violations of any of the provisions of this Article or rules of the Board.
(8) Violations of the American Counseling Association Ethical Standards adopted by the Board.
"§ 90-341. Violation a misdemeanor.
Any person violating any provision of this Article is guilty of a misdemeanor and, upon conviction thereof, may be punishable by fine, by imprisonment, or by both fine and imprisonment.
"§ 90-342. Injunction.
As an additional remedy, the Board may proceed in a superior court to enjoin and restrain any person from violating the prohibitions of this Article. The Board shall not be required to post bond in connection with such proceeding.
"§ 90-343. Disclosure.
Any individual, or employer of an individual, who is licensed under this Article may not charge a client or receive remuneration for professional counseling services unless, prior to the performance of those services, the client is furnished a copy of a Professional Disclosure Statement that includes the licensee's professional credentials, the services offered, the fee schedule, and other provisions required by the Board.
"§ 90-344. Third-party reimbursements.
Nothing in this Article shall be construed to require direct third-party reimbursement to persons licensed under this Article."
Sec. 2. G.S. 8-53.8 reads as rewritten:
"§ 8-53.8. Counselor privilege.
No person, duly registered licensed pursuant to
Chapter 90, Article 24, of the General Statutes, shall be required to disclose any
information which he or she may have acquired in rendering professional
counseling services, and which information was necessary to enable him or her
to render professional counseling services: Provided, that the presiding judge
of a superior or district court may compel such disclosure, if in the court's
opinion the same is necessary to a proper administration of justice and such
disclosure is not prohibited by other statute or regulation."
Sec. 3. G.S. 7A-551 reads as rewritten:
"§ 7A-551. Privileges not grounds for excluding evidence.
Neither the physician-patient privilege, the psychologist-client privilege, the licensed professional counselor-client privilege, nor the husband-wife privilege shall be grounds for excluding evidence of abuse or neglect in any judicial proceeding (civil, criminal, or juvenile) in which a juvenile's abuse or neglect is in issue nor in any judicial proceeding resulting from a report submitted under this Article, both as said privileges relate to the competency of the witness and to the exclusion of confidential communications."
Sec. 4. If any portion of this act is declared invalid or unconstitutional, that declaration shall not affect the validity and constitutionality of the remaining portions.
Sec. 5. This act becomes effective July 1, 1994, except that the Board's rule-making authority under this act is effective upon ratification of the act.
In the General Assembly read three times and ratified this the 24th day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives