An Act To Increase the Amount of Time School Counselors and Social Workers Spend Providing Students Direct and Indirect Counseling
Maine Legislature, Session 129, LD 0247
Committee: Education and Cultural Affairs
Sponsors: MILLETT, BREEN, VITELLI, McCREIGHT, PIERCE
Amends: 20-A MRSA §4008

Legislative Document
No. 247
S.P. 59
In Senate, January 22, 2019
An Act To Increase the Amount of Time School Counselors and 
Social Workers Spend Providing Students Direct and Indirect 
Counseling
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Senators: BREEN of Cumberland, VITELLI of Sagadahoc, Representatives: 
McCREIGHT of Harpswell, PIERCE of Falmouth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §4008, as amended by PL 1989, c. 396, §§1 to 3, is further 
amended to read:
§4008.  School counselors and school social workers
1.  Definitions.  As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings.
A.  "Client" means a person who has actively sought or is in the process of seeking 
professional help from a school counselor or school social worker.
A-1.  "Direct services" means in-person interactions between a school counselor or 
school social worker and students, including, but not limited to, delivering the school 
guidance curriculum, guiding individual student planning and providing responsive 
services.
A-2.  "Indirect services" means services provided by a school counselor or school 
social worker on behalf of students as a result of a school counselor's or school social 
worker's interactions with the students and others, including, but not limited to, 
providing referrals for additional assistance and consultation and collaboration with 
parents, teachers and other educators.
B.  "School counselor" means a person who is employed as a school counselor in a 
school setting and who: 
(1)  Is certified as a school counselor by the department; or 
(2)  Possesses a minimum of a master's degree in an approved program in 
guidance and counseling.
C.  "School social worker" means a person who is employed as a school social 
worker in a school setting and who:
(1)  Is licensed as a social worker by the State Board of Social Worker Licensure; 
or
(2)  Possesses a bachelor's degree and has been granted a conditional license from 
the State Board of Social Worker Licensure.
2.  Privileged communication.  A school counselor or school social worker may not 
be required, except as provided by this section subsection 3, to divulge or release 
information gathered during a counseling relation with a client or with the parent, the 
guardian or a person or agency having legal custody of a minor client.  A counseling 
relation and the information resulting from it shall must be kept confidential consistent 
with the professional obligations of the counselor or social worker.
3.  Exceptions.  This section shall not apply to the extent that disclosure of 
information Notwithstanding subsection 2, a school counselor or school social worker 
may be required to disclose information that is necessary: 
A.  To comply with Title 22, chapter 1071; and or
B.  To report to an appropriate authority or to take an appropriate emergency measure 
when: 
(1)  The client's condition requires others to assume responsibility for the client; 
or 
(2)  There is clear and imminent danger to the client or others.
4.  Direct and indirect services to students.  Each school counselor and school 
social worker shall deliver a comprehensive school counseling program in which the 
school counselor or school social worker spends at least 80% of the school counselor's or 
school social worker's time providing direct services or indirect services to students.  The 
commissioner shall adopt rules to implement this subsection.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A.
SUMMARY
This bill requires each school counselor and school social worker to spend at least 
80% of that counselor's or social worker's time providing direct or indirect services to 
students and requires the Commissioner of Education to adopt rules to implement this 
provision.