Introduction and Description of a Model Practice Act AASCB’s Annual Conference 2017 New Orleans Theodore P. Remley, Jr., JD, PhD, NCC, LPC, LMFT Angela McDonald, PhD, NCC, LPCS, AASCB Acting President with the Model Practice Act Committee: Anne M. Brainerd, LPC, NCC, ACS, Danny Garnett, DMin, LPC, LMFT, and Brian Judy, Board Counsel Erik Oostenink, MA, LMHC, AASCB Secretary Angela will do introduction

Session Overview Review of AASCB’s history 1986-present Model Practice Act AASCB Model Practice Act Committee Process Discussion among States Next Steps Angela will give overview to get presentation started

HISTORY OF AASCB The American Association of State Counseling Boards was created in 1986 by an AACD (now American Counseling Association) committee headed by Willie Jackson, then the AACD Licensure Chairperson, at the Annual Convention in Los Angeles. The Committee was convened to "establish an organization to encourage communication of state licensing boards". Ted Remley (VA), Susan Sears (OH), and Kitty Altman (SC) were named members of the Committee along with Larry Gerstein. They were charged with developing plans for the implementation of an association of Licensure boards. Representatives from several states with credentialing laws met and formed AASCB in October, 1986 at the Midwest Regional Conference in Kansas City. Among the states with licensing laws in attendance were: Alabama, Arkansas, Florida, Georgia, Idaho, Maryland, Nebraska, North Carolina, Ohio, Oklahoma, South Carolina. A set of bylaws was adopted, and officers were elected. The first annual AASCB Conference was held March 20-22, 1987, in Charleston, South Carolina. The conference was well attended and included representative from states without credentialing laws who came to network and gather information; an annual conference has been held every year since then. AASCB remains dedicated to a continuing and open relationship with organizations and entities representing counselors who are regulated by its member boards, as well as associations representing the counseling profession. Ted will share about AASCB’s history http://www.aascb.org/aws/AASCB/pt/sp/history

AASCB: A Resource to Boards Ted will speak to AASCB’s role in promoting counselor professional identity

20/20 2005 The first professional identity initiative to involve all 30 professional counseling organizations (including all ACA divisions and regions), 20/20: A Vision for the Future of Counseling was initiated as a co-sponsored project between the American Counseling Association and the American Association of State Counseling Boards. 2008 The historic 20/20 Principles for Unifying and Strengthening the Professions was promulgated and endorsed by 29 counseling organizations, including 18 ACA divisions and all four ACA regions. 2010 A consensus definition of counseling was promulgated by the delegates to 20/20: A Vision for the Future of Counseling: "Counseling is a professional relationship that empowers diverse individuals, families, and groups to accomplish mental health, wellness, education, and career goals. From: https://www.counseling.org/about-us/about-aca/our-history/aca-milestones Angela will speak to AAASCB’s partnership in 2020

What is a Model practice act As with the mission and vision of 20/20, a model practice act seeks to facilitate greater standardization of regulatory practices, leading to more consistency in legal decisions related to the practice of counseling. This both increases public comprehension of counseling and also assists in licensure portability. A model practice act is focused on the greater good for the future of the profession in service to and for protection of the public by strengthening the provider pool. It can include generous grandparenting protocols to acknowledge long serving practitioners. A model practice act is offered as a resource.

What it is not A Model Practice Act is NOT: A compilation of the most practiced standards; it is documentation of best practices for minimum counselor competency expected for state licensure A mandate for states to immediately change their statutes. In fact, modifications by states may be necessary because of each state’s climate and resources. Unique to the profession of counseling. Other professions also have model practice acts, including but not limited to: veterinary medicine, massage therapy, diabetes education, pharmacy, social work, and chiropractic care Completed in isolation. It is the outcome of long term collaboration among stakeholders. Aspirational

Benefits for Licensure Portability Collaboration among states Increased mobility among licensees Portability process streamlined for board functions Common language for public, board, legislatures, and licensees Consistency National registry

Portability Statements AASCB AMHCA/ACES/NBCC/ ACA CACREP

AASCB’s Portability Statement 2016 survey Results Preliminary analysis, data collection ongoing 13 responses to date Most Boards concerned with portability; also concerned with opening statutes Interest from Boards in data to support practices from AASCB Interest in a model license verification form for states to utilize with portability 3-7years of licensure experience in original state required for portability to next state; request for clarification about years at tiered licenses and consecutive years of practice Option to meet license requirements in next state that were in place at time of original state license issue date Need expressed for educational requirement language to be clearer: longevity not sufficient Need expressed for equivalent initial requirements for education and experience Angela

ACA’s Model Legislation The 1994 ACA Model Legislation For Licensed Professional Counselors Authors: Harriet L. Glosoff, James M. Benshoff, Thomas W. Hosie, Dennis R. Maki Abstract Model legislation seeks to facilitate uniformity of counselor licensure laws and promote accepted professional standards. The text of the model bill as endorsed by the 1994 American Counseling Association Governing Council is provided with commentary accompanying those sections in which significant changes have occurred. The article concludes with 15 specific suggestions based on experiences gained in the development and implementation of previous legislation for licensed professional counselors. ACA’s project and their model legislation

Beverage break

AASCB 2016: Federation of Association of Regulatory Boards (FARB) FARB Uniform Model Practice Act The primary goal of the Uniform Model Practice Act is to provide a national perspective of regulatory language and promote uniformity in the laws regulating the professions.  Uniformity promotes consistent interpretation and application of similar language and facilitates consistent judicial opinions when language is the subject of litigation.  Of course, consistent language also facilitates mobility and portability related to licensure transfer programs. FARB's mission is to advance excellence in regulation of the professions in the interest of public protection. Ted

AASCB’s Process Following the 2016 AASCB Annual Conference, Former President Susan Meyerle identified a four member committee to review FARB’s Model Practice Act for relevancy to counseling The committee met from May- December 2016 Ted

Model Practice Act Committee Three perspectives: Board Member, Practitioner, Attorney Discussion of Process: Committee analyzed template from FARB for applicability to counseling Reviewed other professions’ model practice acts Collegial discussions about each section via many phone conferences Presenting process to AASCB 2017 and gathering state input Committee members: Danny Garnett and Brian Judy (Anne Brainerd Marko not in attendance)

Components of a mpa Qualifications for Licensure Qualifications for Licensure Transfer Disciplinary Process Ethical Code Approved Supervisor Requirements Board Composition

Next Steps: Collaboration with Stakeholders Collaboration and discussion among counseling organizations Continued refinement Legal review States review Presentation of MPA as a reference tool Erik will emphasize continued collaboration and input gathered from stakeholders and options for review of codes of ethics