Resolve, To Change the Educational Requirements of Certain Behavioral Health Professionals
Maine Legislature, Session 130, LD 1302
Committee: Health Coverage, Insurance and Financial Services
Sponsors: STEARNS, JAVNER, MOORE

Legislative Document
No. 1302
H.P. 958
House of Representatives, March 30, 2021
Resolve, To Change the Educational Requirements of Certain 
Behavioral Health Professionals
(EMERGENCY)
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STEARNS of Guilford.
Cosponsored by Representative: JAVNER of Chester, Senator: MOORE of Washington.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve requires the Department of Health and Human Services to 
change the educational requirements for behavioral health professionals providing 
children's home and community-based treatment and school-based program services; and
Whereas, it is important that these educational requirements be changed as soon as 
possible in order that the State may compete in the hiring of these scarce behavioral health 
professionals; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Department of Health and Human Services to amend rules 
governing educational requirements for behavioral health professionals 
providing home, community-based and school-based treatment.  Resolved:  
That, no later than January 1, 2022, the Department of Health and Human Services shall 
amend its rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 65 to change 
the educational requirements for behavioral health professionals who are employees of and 
providing services for children's home and community-based treatment and school-based 
programs to allow the following educational requirements:
1.  A minimum of 60 higher education credit hours in a related field of social services, 
human services, health or education;
2.  A minimum of 90 higher education credit hours in an unrelated field and with the 
program provider required to have a specific plan for supervision and training documented 
in the personnel file of the employee; or
3.  A high school diploma or equivalent and a minimum of 3 years of direct experience 
working with children in a behavioral health children's services program and with the 
program provider required to have a specific plan for supervision and training documented 
in the personnel file of the employee.
The changes to educational requirements required by this resolve may not affect the 
requirements for behavioral health professional training and the time frames prescribed in 
the rule.
Sec. 2.  Training within existing resources.  Resolved:  That the Department of 
Health and Human Services shall amend or establish contracts to train any additional 
number of individuals to become behavioral health professionals providing children's home 
and community-based treatment services and school-based program services within 
existing resources.  The department may make any changes necessary, including choosing 
to charge individuals or their employers fees for training, in order to offer training within 
existing resources.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve changes the educational requirements for behavioral health professionals 
providing children's home and community-based treatment and school-based program 
services to replace the requirement of a bachelor's degree with a requirement of a minimum 
of 60 credit hours in a related field, 90 credit hours in an unrelated field combined with a 
plan for supervision and training or a high school diploma or equivalent with 3 years of 
experience working in the field combined with a plan for supervision and training.  The 
educational requirements may not change the required behavioral health professional 
training or the prescribed time frames for that training.  It also requires the Department of 
Health and Human Services to amend or establish contracts for training behavioral health 
professionals to train any additional individuals within existing resources, and authorizes 
the department to opt to charge individuals or their employers fees for training.