An Act To Clarify the Educational Requirements for Counselor Licensure
Maine Legislature, Session 121, LD 1757
Committee: Business, Research and Economic Development
Sponsors: SULLIVAN, BRENNAN, ROGERS, SMITH, DOUGLASS
Amends: 32 MRSA §13857, 32 MRSA §13858, 32 MRSA §13865

Legislative Document 
No.17S7 
H.P.1279 
House of Representatives, December 22,2003 
An Act To Clarify the Educational Requirements for Counselor 
Licensure 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Recei ved by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401. 
Presented by Representative SULLIVAN of Biddeford. 
Cosponsored by Senator BRENNAN of Cumberland and 
Jrl~ 
/h.77)u~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ROGERS of Brewer, SMITH of Monmouth, Senator: DOUGLASS of 
Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §13857, as amended by PL 1989, c. 895, §11 
and affected by PL 1991, c. 263, §§5 and 6, is repealed and the 
following enacted in its place: 
§13857. 
Nonresidents: applicants licensed ~n another jurisdiction 
1. 
Reciprocal 
agreements. 
The 
Board 
of 
Counseling 
Professionals Licensure may enter into reciprocal agreements with 
other jurisdictions that have substantially similar licensure 
laws 
and 
accord 
substantially 
equal 
reciprocal 
rights 
to 
residents licensed in good standing in this State. 
2. 
Applicants 
licensed 
in 
another 
jurisdiction. 
An 
applicant who is licensed under the laws of another jurisdiction 
is governed by this subsection. 
A. 
An 
applicant who 
is licensed under 
the 
laws 
of 
a 
jurisdiction that has a reciprocal agreement with the Board 
of Counseling Professionals Licensure may obtain a license 
under the terms and conditions as agreed upon through the 
reciprocal agreement. 
B. An applicant who is licensed in good standing at the time 
of application to the board under the laws of a jurisdiction 
that has not entered into a reciprocal agreement with the 
Board of Counseling Professionals Licensure may qualify for 
licensure by 
submitting evidence to 
the board that the 
applicant 
has 
actively 
practiced 
with 
a 
substantially 
equivalent 
license 
for 
at 
least 
consecutive 
years 
immediately preceding application to the board at the level 
of licensure applied for in this State. 
c. 
An applicant who is licensed in good standing at the 
time 
of application to 
the board under 
the 
laws 
of 
a 
jurisdiction 
that 
has 
not 
entered 
into 
a 
reciprocal 
agreement 
and 
who 
does 
not 
meet 
the 
requirements 
of 
paragraph B may qualify for licensure by submitting evidence 
satisfactory 
to 
the 
board 
that 
the 
applicant's 
qualifications for licensure are substantially similar to 
those requirements in this chapter. 
D. 
All 
nonresident 
applicants 
shall 
submit 
with 
the 
application an irrevocable consent to service of process on 
the applicant for an action filed in a court of this State 
arising out of the applicant's activities as a licensee in 
this State. 
Service may be made by delivery of the process 
to the Director of the Office of Licensing and Registration 
within the department if, in the exercise of due diligence, 
a 
plaintiff 
can 
not 
effect 
personal 
service 
upon 
the 
applicant. 
Page l-LR2486(1) 
• 
• 
Sec. 2. 32 MRSA §13858, sub-§§l, 2 and 3, as enacted by PL 1989, 
c. 465, §3, are amended to read: 
1. 
Licensed professional counselor. 
To be qualified as a 
licensed 
professional 
counselor, 
an 
applicant 
shall---aave 
eeRleBstFatee must demonstrate to the satisfaction of the board 
adherence to the ethics of the counseling profession, shall-have 
successfully eeRlpletee complete the examination prescribed by the 
board and shall have Feeeivee: 
A. 
A master's degree or a doctoral degree in counseling or 
an allied mental health field from an accredited institution 
or £ 
program approved by the board. 
Such schooling shall 
have--i-B-e-ll*eee must include a 
ml.nl.mum core curriculum and 
total credit hours as adopted by the board; and 
B. 
Two years of experience after obtainment of a master's 
degree or a doctoral degree with a minimum of 2,000 hours of 
supervised experience. 
2. 
Licensed 
clinical 
professional 
counselor. 
To 
be 
qualified as 
a 
licensed clinical professional 
counselor, 
an 
applicant 
shall--~-~B-s~Fatee must 
demonstrate 
to 
the 
satisfaction 
of 
the 
board 
adherence 
to 
the 
ethics 
of 
the 
counseling profession, shall-have successfully eeRlpletee complete 
the examination prescribed by the board and shall have Feeeivee: 
A. 
A master's degree or a doctoral degree in counseling or 
an allied mental health field from an accredited institution 
or £ 
program approved by the board. 
Such schooling shall 
must include a 
ml.nl.mum core curriculumT and total credit 
hours as adopted by the 
boardT-~~-~--~~--4e--semeste!' 
hel*Fs; and 
B. 
Two years of experience after obtainment of a master's 
degreeT or a doctoral degree to include at least 3,000 hours 
of supervised clinical experience with a 
minimum of 
hours of personal supervision. 
3. 
Licensed marriaqe and family therapist. 
To be qualified 
as a licensed marriage and family therapist, an applicant shall 
have-~B-s~Fatee must demonstrate to the satisfaction of the 
board adherence to the ethics of the counseling profession, shall 
have successfully eeRlpletee complete the examination prescribed 
by the board and shall have Feeeivee: 
A. 
A master's degree or a doctoral degree in marriage and 
family 
therapy 
or 
its 
equivalent 
from 
an 
accredited 
institution or 
£ 
program 
approved 
by 
the 
board. 
Such 
schooling 
shall-~-iBell*eee must include a minimum core 
curriculum to include 
a 
one-year clinical practicum 
and 
total credit hours adopted by the board; and 
B. 
Two years of experience after obtainment of a master 0 s 
degree or a 
doctoral degree comprised of at least 1,000 
hours of direct clinical contact with couples and families 
and 200 hours of supervision, at least 100 of which shall 
~ 
be individual supervision. 
Sec. 3. 32 MRSA §13858, sub-§3-A, 1JB, as amended by PL 1991, 
c. 263, §3, is further amended to read: 
B. 
Received a Master of Divinity degree or a Doctor of 
Divinity degree, or an equivalent degree approved by the 
board, from an accredited institution or g program approved 
by 
the 
board. 
Academic 
preparation 
includes 
a 
minimum 
graduate core 
cu.rriculum to 
include 
credit hours 
of 
counseling and human relations and 400 hours of clinical 
pastoral education; 
Sec. 4. 32 MRSA §13858, sub-§8 is enacted to read: 
8. 
Rulema,king. 
The board shall adopt rules to implement 
the provisions of subsections 1, 
and 3 and subsection 3-A, 
paragraph 
B. 
Rules 
adopted pursuant to this 
subsection are 
routine 
technical 
rules 
pursuant 
to 
Title 
5, 
chapter 
375, 
subchapter 2-A. 
Sec. 5. 32 MRSA §13865 is enacted to read: 
§13865. 
Service of process: filing reqyirement 
Licensees who maintain licensure in this State and establish 
legal residency in another jurisdiction shall submit to the Board 
of Counseling Professionals Licensure within 30 days of residen~ 
in another jurisdiction an irrevocable consent to service of 
process on the licensee for an action filed in a court of this 
State arising out of t:he licensee 0 s activities as a licensee in 
this State. 
Service may be made by delivery of the process to 
the Director of the Office of Licensing and Registration wi thin 
the Department of Professional and Financial Regulation if, in 
the 
exercise 
of 
due 
diligence, 
a 
plaintiff 
can 
not effect 
personal service upon the licensee. 
SUMMARY 
This bill clarifies existing statutory language regarding 
educational 
requirements 
for 
counselor 
licensure. 
This 
bill 
removes 
barriers 
to 
licensure 
for 
qualified 
practitioners, 
• 
including first-time applicants as well as practitioners licensed 
in other states.