North Dakota Administrative Code Title 97 - Board of Counselor Examiners

North Dakota Administrative Code Title 97 pertains to the Board of Counselor Examiners, which regulates and licenses professional counselors in North Dakota. This board is responsible for ensuring that counselors meet the required standards of education, training, and ethical conduct to provide mental health and counseling services in the state. It oversees the licensure process, continuing education requirements, and disciplinary actions for licensed counselors.

Title 97 – Board of Counselor Examiners

Purpose:

The primary purpose of Title 97 is to establish and enforce the requirements for licensure and professional practice for counselors in North Dakota. This ensures that those providing counseling services are qualified to assist individuals with mental health, emotional, and psychological challenges while adhering to ethical and professional standards.

Key Provisions

Establishment of the Board of Counselor Examiners:

The Board of Counselor Examiners is the regulatory body responsible for overseeing the licensure, regulation, and professional standards for counselors in North Dakota.

The Board ensures that licensed counselors meet specific qualifications, are committed to ethical practices, and provide competent services to the public.

Types of Licensure:

The Board issues various types of counseling licenses, including but not limited to:

Licensed Professional Counselor (LPC): This license is for individuals who provide mental health counseling and therapy services to individuals, families, and groups.

Licensed Clinical Professional Counselor (LCPC): This is a higher level of licensure for counselors who have completed advanced education and clinical experience in mental health counseling and therapy.

Licensed Marriage and Family Therapist (LMFT): This license is for professionals who specialize in therapy for couples and families.

Each license type requires different levels of education, experience, and examinations.

Licensure Requirements:

Educational Requirements: Applicants must have earned a master's or doctoral degree in counseling or a related field from an accredited program. The degree must meet the standards set by the Board in terms of course content and clinical experience.

Supervised Experience: Applicants must complete a specified number of hours of supervised clinical practice. This usually involves working under the supervision of a licensed counselor or therapist in a clinical setting.

Examination: All applicants must pass a licensure exam that tests their knowledge of counseling theories, techniques, ethics, and relevant laws and regulations.

Application Process: Applicants must submit a formal application to the Board, which includes proof of education, supervised experience, and passing exam results. There may be application fees associated with the process.

Continuing Education:

License Renewal: Counselors must renew their licenses periodically (usually every two years) and must complete a specified number of continuing education (CE) hours to be eligible for renewal.

CE Requirements: Continuing education helps counselors stay updated on the latest techniques, ethical standards, and research in the mental health field. The Board specifies how many hours of CE are required for each renewal period.

Approved CE Programs: The Board maintains a list of approved continuing education programs, which counselors must attend to fulfill their requirements. These programs may include workshops, conferences, online courses, and in-person seminars.

Code of Ethics:

The Board establishes a Code of Ethics that all licensed counselors must adhere to in their professional practice. The Code outlines the responsibilities counselors have to their clients, including:

Confidentiality: Counselors must maintain the confidentiality of client information, with limited exceptions as defined by law (e.g., in cases of harm to self or others).

Competence: Counselors must only practice within their area of expertise and ensure that they are properly trained and supervised in areas outside of their professional scope.

Professionalism: Counselors must maintain a professional demeanor in their interactions with clients, colleagues, and the public.

Informed Consent: Counselors are required to inform clients about the counseling process, including fees, confidentiality, and the counselor’s qualifications.

Violating the Code of Ethics can lead to disciplinary action by the Board.

Supervision and Clinical Experience:

Supervised Practice: To qualify for licensure, applicants must complete a required number of hours of supervised clinical practice, where they work under the guidance of a licensed professional. This ensures that counselors gain practical experience before becoming independent practitioners.

Supervisor Qualifications: Supervisors must meet specific qualifications outlined by the Board, such as holding an active license and having a certain number of years of professional experience.

Disciplinary Actions:

Investigations: The Board investigates complaints made against licensed counselors regarding professional misconduct, unethical behavior, or violations of the Code of Ethics.

Disciplinary Measures: If the Board finds that a counselor has violated the regulations or ethical guidelines, it may take disciplinary actions, which can include:

Reprimands

Suspension of licensure

Revocation of licensure

Fines or other sanctions

Due Process: Counselors subject to disciplinary action are entitled to due process, including a hearing before the Board and the opportunity to appeal any decisions.

Exemptions and Special Circumstances:

Exemptions from Licensing Requirements: Some individuals may be exempt from the licensing requirements, such as those practicing in a related field (e.g., social work or psychology) or those offering counseling services in specific settings like schools or religious institutions.

Temporary Licenses: The Board may issue temporary licenses in certain circumstances, such as for individuals who are licensed in another state or country and are moving to North Dakota.

Reciprocity Agreements:

The Board may enter into reciprocity agreements with other states, allowing counselors who are licensed in other jurisdictions to apply for licensure in North Dakota without retaking exams or fulfilling certain requirements.

Reciprocity agreements are subject to the approval of the Board and typically require that the applicant meets the same standards of education and practice as North Dakota-based counselors.

Public Access to License Information:

The Board maintains a public registry of licensed counselors, which allows clients and employers to verify the credentials and licensure status of counselors in North Dakota.

The Board may also provide additional resources to help the public understand the counseling profession and how to choose a licensed counselor.

Significance of Title 97 – Board of Counselor Examiners

Consumer Protection: By regulating counselors and enforcing professional standards, the Board ensures that individuals seeking counseling services are receiving competent and ethical care.

Professional Integrity: The Code of Ethics and continuing education requirements help maintain the professionalism and integrity of the counseling field in North Dakota.

Public Trust: The licensure process and disciplinary actions taken by the Board help build public trust in the counseling profession, ensuring that those who seek mental health support are working with qualified professionals.

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