Wednesday, September 08, 2010
Login

State News

Legislative Update

7-10-10

MMHCA bill protecting LPCs from spurious complaints in DMH program signed into law!

MMHCA sponsored HB 1832 which was introduced this past legislative session by Rep. Don Wells.  I'm happy to report that this bill was ultimately passed as part of HB 2226 which was signed into law by Gov. Nixon on July 7.  This bill extends the protection from dubious complaints that MMHCA helped make into law that protects LPCs working with the Dept. of Correction to LPCs who work in the sexually violent predator program operated by the Dept. of Mental Health.  This bill not only helps those specific counselors but further embeds counselors in statutes that cover mental health services and will help us argue for further recognition in the future.

MMHCA is already planning for next year's session after learning of a couple of issues that came up during the course of this session.  We will likely press for legislation to extend an exemption for municipality merchant license taxes for LPCs that currently exists for many other classes of professionals.  In addition there is a statute that defines professionals that can assess individuals in regards to their competency to hold a drivers license and we will likely move to include LPCs in this list.

2010 Legislative Session Heading toward Spring Break

updated 2-28-10

This session of the legislature is open and once again MMHCA will be active in sponsoring legislation.

Rep. Don Wells has agreed to sponsor a clean up to a bill he passed last year, it is HB 1832.  We will add LPCs to the protection that his previous bill provided to doctors and social workers.  This bill will allow an LPC working in the Dept. of Mental Health's sexually violent predator program to have complaints against their license expunged from the public record if those complaints are not substantiated.  Several years ago MMHCA passed a bill giving this protection to LPCs working in the Dept. of Corrections and we will amend that part of our statute.  HB 1832 received a short and positive hearing before the Special Committee on Professional Registration and Licensing on Feb. 10 and Rep. Wells requested that the committee support it as a consent bill.  This last week the Committee passed HB 1832 as a consent bill by a 13-0 vote.  It was referred to the House Rules Committee and then it will then be sent on to the Senate.

Rep. Wayne Cooper has filed HB 1735 to add some language to the non-discrimination statute that was passed several years ago.  A recent opinion of the Attorney General noted that in order for the statute applying to LPCs (RsMO 337.503) that we hadn't tied out profession in with the medical profession as was the case for a similar statute applying to psychologists.   There has been no further action on this bill at this time.

A third issue has recently come to our attention and we are currently in collaboration with NASW-MO to consider filing legislation that would add counselors and social workers to the list of exempted professions that are not required to pay a merchant fee or license tax to city municipalities.  We are currently searching for sponsors for this bill.

MMHCA Obtains Legal Opinion on LPCs and Diagnosis

MMHCA has contracted with John Landwehr to produce a legal opinion that lays out the case law, regulations and standards of care that make it clear that LPCs already have diagnosis as a part of their scope of practice.  To download this opinion use this link;

LPCS USE OF DIAGNOSIS OPINION

 

 

MMHCA Sponsored 2008 Legislation Signed into Law; LPCs will be included in Dept. of Mental Health definition of 'mental health professionals'

At the very end of last year's legislative session two bills sponsored by MMHCA passed the State Legislature!  HB 1791, sponsored by Rep. Wayne Cooper and SB 1177, sponsored by Sen. Frank Barnitz both have been truly agreed and finally passed.  HB 1791 was signed into law by Gov. Blunt on 6-19-08.  As you probably know these were identical companion bills which have the effect of inserting Licensed Professional Counselors into the Dept. of Mental Health, Div. of Comprehensive Psychiatric Services statute which defines "mental health professionals".  This definition is key to DMH recognition of clinicians that it will recognize as being responsible for performing assessments leading to potential involuntary detention into the Department.  When these bills are enacted in regulation they will allow the Community Mental Health Centers that serve as Administrative Agents for DMH to utilize LPCs to perform these critical assessments.  The CMHC's across the state and DMH were strong supporters of our initiative and the bills sailed through unnopposed and were finally passed by each chamber.  Feel free to send your individual thanks to Rep. Cooper and Sen. Barnitz along with the thanks we will send them from MMHCA as a whole.

This issue was brought to our attention by MMHCA members serving in CMHCs several years ago and we have finally realized one of our important goals in getting this legislation passed.  While we are very happy to see this important recognition of the skills of LPCs finally take place we also take note that our primary goal of getting the term diagnosis included in our defined scope of practice remains a goal for next year's session.  HB 1792 and SB 1107 were not passed and will be our sole focus in next years session.  We did make significant progress by getting a strong sponsor in the Senate, Sen. Delbert Scott, who chairs the committee where our bills were heard.  Sen. Scott is interested in working with us again in the next session so we start next year in our strongest position to date.

   

Login