CICO-Dan Stasi - Illinois Counseling Association

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Coalition of Illinois Counselor Organizations

Senate Bill 1508 School Counselor Confidential Communication

Both the Illinois House and Senate have passed this important legislation. It has been sent to the Governor for his signature. This process usually takes about 60 days. Once the legislation is signed by the Governor it will become law.

We owe a great deal of thanks to our legislative sponsors:

Senate Sponsors

Sen. David Koehler, Christine Radogno, Susan Garrett, and Toi W. Hutchinson

House Sponsors

Rep. Sandra M. Pihos, Robert W. Pritchard, and Monique D. Davis

In addition, we are very appreciative of the great cooperation that occurred on this legislation and the work of lobbyists, members and staff with the Illinois School Social Workers and Illinois

School Psychologists.

A synopsis of Senate Bill 1508 is as follows:

The underlined portions represent the new language that we added.

(f) Nothing contained in this Act shall be construed to impair or limit the confidentiality of:

(1) Communications otherwise protected by law as privileged or confidential, including but not limited to, information communicated in confidence to a physician, psychologist or other psychotherapist, school social worker, school counselor, school psychologist, or school social worker, school counselor, or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist; or

.(g) No school employee shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law or rule or regulation.

Once this bill becomes law what will be different?

Hopefully, you already have a good relationship with your school administration and parents and very little will change. The intention of the law is to protect information a student shares in confidence with a school counselor from being divulged. A parent or administrator should not require a counselor to divulge confidential information.

P.O. Box 706, De Kalb, Illinois 60115 phone (815) 787-0515 fax ( 815 ) 787-0505

e-mail imhca@imhca.org

American Association American Dance Illinois Art Illinois Illinois Illinois School Illinois

Of Pastoral Therapy Therapy Counseling Mental Health Counselor Association

Counselors Association Association Association Counselors Association of Rehabilitation

Association Professionals

Of course, there are exceptions. If a student is a victim of child abuse, you are a mandated reporter. If you believe a student is a danger to themselves or others, you are mandated by law to divulge that information.

It especially means that disciplinary action can not be taken against you for refusing to divulge information.

I expect that some school districts administrations and school attorneys will challenge this new law. We may see the need for further revisions of this law in the future. This law is a significant step in the right direction. It will encourage students to share information. We all know too many students who do not seek out help when they should. Hopefully, this will help to change that.

Senate Bill 1391 was developed by Illinois MFTs to allow them to become certified in the schools the same as school counselors, school social workers, and school psychologists. This bill was strongly opposed by several groups including ISCA. We appreciate all the letters and calls school counselors made on behalf of this bill to urge their legislators to vote no.

Senate Bill 1391

– MFTs certified as Type 73

Bill Summary:

Amends the School Code. Requires the State Board of Education to adopt rules to provide standards for the certification of marital and family therapists employed by school boards.

Provides that these rules shall include certification requirements to be met by (i) licensure as a marital and family therapist under the Marriage and Family Therapy Licensing Act and (ii) such other experience as the State Board deems appropriate for the position of marital and family therapist in a school system. Effective immediately.

The vote in the Senate was 43 yes - 14 no. (Thirty votes were needed to pass.)

In the House 71 yes - 44 no. (Sixty votes were needed to pass.)

Our efforts definitely had an impact.

MFTs could already become Type 73 certified. With their counseling degree and the same additional training required of a school counselor and a school internship they were qualified for the Type 73 certificate. Some MFTs have followed this route. We believe, based upon discussions with the sponsors, that their goal is to not have to meet equivalent requirements.

This is why they pushed for this legislation. There is a national movement being promoted by

MFTs for this type of legislation.

The law leaves the responsibility for whatever rules will be required to the discretion of the State

Board of Education.

P.O. Box 706, De Kalb, Illinois 60115 phone (815) 787-0515 fax ( 815 ) 787-0505

e-mail imhca@imhca.org

American Association American Dance Illinois Art Illinois Illinois Illinois School Illinois

Of Pastoral Therapy Therapy Counseling Mental Health Counselor Association

Counselors Association Association Association Counselors Association of Rehabilitation

Association Professionals

ICA as a member of the Coalition of Illinois Counselor Organizations (CICO), has a lobbyist to represent our interests in Springfield. Dan Stasi is the Executive Director of CICO and a registered lobbyist. Dan testified in opposition of this bill on several occasions in Springfield.

CICO’s website features CAPWIZ. This system allowed hundreds of counselors to directly send messages to the legislators urging them to vote NO!

We will continue to utilize CAPWIZ to encourage the Governor to veto the legislation.

If that is not successful, we will work to encourage ISBE to develop rules that are equivalent to those for school counselors. We do not believe that the best interests of students will be served by hiring MFTs in schools who have not received training in special education or who have not served a school internship.

HB 1143 – Scholarships

Passed House and Senate –awaiting Gov. signature.

Synopsis As Introduced

Dan Stasi, drafted this legislation and testified on its behalf in both the House and Senate committees. We owe a great deal of thanks to Rep. Beth Coulson who worked very hard to get this passed.

Creates the Mental Health Graduate Education Scholarship Act . Establishes the Mental

Health Graduate Scholarship Program, to be administered by the Department of Human

Services. Requires the Department to provide scholarships to qualified individuals who are enrolled in or accepted into a mental health graduate program at a public or private college or university in this State and who agree to being employed in this State as a licensed professional counselor, licensed clinical professional counselor, licensed clinical psychologist, licensed social worker, or licensed clinical social worker in direct patient care in a human services capacity in a designated shortage area for at least one year for each year of scholarship assistance received.

Sets forth provisions concerning the functions of the Department, the award and amount of a scholarship, requirements for scholarship recipients, a Mental Health Consortium Advisory

Council, student enrollment and the obligations of institutions, and program funding. Effective immediately.

It would be funded by excess licensure funds collected by IDFPR.

It will need rules drafted before it is active.

P.O. Box 706, De Kalb, Illinois 60115 phone (815) 787-0515 fax ( 815 ) 787-0505

e-mail imhca@imhca.org

American Association American Dance Illinois Art Illinois Illinois Illinois School Illinois

Of Pastoral Therapy Therapy Counseling Mental Health Counselor Association

Counselors Association Association Association Counselors Association of Rehabilitation

Association Professionals

HB 3257 as amended-

Bill dead not called for a vote in House. We hope to bring it up again during the fall veto session.

This bill corrects an outdated section of the licensure law and prevents Bachelor’s level applicants from still becoming LPCs. The licensure rules were changed several years to no longer allow B.A. applicants, but not the law. We will try again next year.

CAPWIZ has had 650 emails sent to legislators.

CICO organized an Educator Summit with 65 attendees. We discussed licensure, rule changes,

CACREP changes and school counselor legislation.

We researched materials for proposal to ISBE staff on Medicaid funding for social work services performed by school counselors.

We are developing a bill concerning LCPCs in health care facility management.

A very successful Day on the Hill was held for school counselors. Dan helped with the orientation of participating counselors.

State Budget

Illinois finances are in a shamble. There have been many dire announcements and predictions that services will be drastically reduced. The reality is that no one knows for sure what will happen. Although the Senate and House passed a temporary budget May 31, it has been held back from being sent to the Governor. So there is still no definite plan in place. Legislative leaders are continuing to meet in hopes of finding a resolution that the General Assembly will agree to. Keep tuned in to your local news source for updates. They will meet again July 14.

State paychecks are due July 15.

P.O. Box 706, De Kalb, Illinois 60115 phone (815) 787-0515 fax ( 815 ) 787-0505

e-mail imhca@imhca.org

American Association American Dance Illinois Art Illinois Illinois Illinois School Illinois

Of Pastoral Therapy Therapy Counseling Mental Health Counselor Association

Counselors Association Association Association Counselors Association of Rehabilitation

Association Professionals

FEDERAL LEGISLATION

Medicare Coverage of

Licensed Professional Counselors

(Position Papers) 03.27.09

(Updated March 2009)

LEGISLATION

H.R. 1693

— “Seniors Mental Health Access Improvement Act of 2009” [Sponsor: Rep. Bart

Gordon (D-TN)] cosponsors (as of March 26, 2009): 2

S. 671

– “Seniors Mental Health Access Improvement Act of 2009” [Sponsor: Senator Blanche

Lincoln] cosponsors (as of March 26, 2009): 5

IMHCA is asking its members to call their legislator to co-sponsor this bill. The contact information for your Senator is located on the front mailing label of this newsletter. You may also send an electronic request by using Capwiz to your legislators at http://www.cicoil.org/legislation/Capwiz.html

Progress on Implementation of New Veterans Affairs Law

(Position Papers) 03.20.09

(Updated March 2009)

LEGISLATION

Public Law 109-

461, the “Veterans Benefits, Healthcare, and Information Technology Act of

2006.”

LATEST INFORMATION

In February, the Under Secretary for Health of the Department of Veterans Affairs (VA) approved the creation of a new occupational category or categories for the hiring of licensed professional counselors and marriage and family therapists by the VA. The decision is a major step in the implementation of PL 109-461, which was signed into law in December 2006. The

ACA and AMHCA have provided the VA with information regarding the training and qualifications for professional counselors that we believe will be beneficial in structuring future position descriptions and occupational categories.

P.O. Box 706, De Kalb, Illinois 60115 phone (815) 787-0515 fax ( 815 ) 787-0505

e-mail imhca@imhca.org

American Association American Dance Illinois Art Illinois Illinois Illinois School Illinois

Of Pastoral Therapy Therapy Counseling Mental Health Counselor Association

Counselors Association Association Association Counselors Association of Rehabilitation

Association Professionals

Legislation Introduced to Improve Mental Health Services on College Campuses

(Legislative News) 04.06.09

On March 24th, Senator Dick Durbin (D-IL) joined with Senator Susan Collins (R-ME) and

Representative Jan Schakowsky (D-IL) to reintroduce bipartisan legislation to improve mental health services on college campuses. The Mental Health on Campus Improvement Act (H.R.

1704/S.682) creates a competitive grant program that would provide funding to colleges to focus on both outreach to identify students with mental health needs and treatment of students coming to counseling centers for help. The grant program is modeled on the Elementary and Secondary

School Counseling Program (ESSCP), which provides competitive grants to K-12 schools to hire more school counselors, school psychologists, school social workers.

OPPOSE HR 1710 in U.S. Congress allows MFTs to receive funds as designated below.

The bill amends the Elementary and Secondary Education Act of 1965 to include MFTs among the professionals authorized to provide services under the Safe and Drug-Free Schools and

Communities program and the Elementary and Secondary School Counseling programs.

HR 1710 is a bill sponsored by Representative Mark Souter (IN) and seeking co-sponsors. So far, a small number of representatives have signed on and we want to keep it that way!

E-mail your U.S. Congressperson asking them to NOT co-sponsor or sign on to HR 1710. This bill adds MFT's to the language of parties eligible to receive the Elementary and Secondary

School Counseling Program grant funds. ASCA is opposed and working to kill this legislation.

NEA has also signed a letter indicating their support of ASCA's opposition. MFTs have no training in working with special education students. They have no classes, internship or training in working in a school setting.

Specifically, constituents living in Representative Phil Hare's (IL-Dist 17) district as well as constituents living in Representative Jesse Jackson Jr's (IL Dist 2) district should contact their legislator to ask them to take their name off as co-sponsors, as these two have already signed on. Hearing from constituents is really, really important. The MFT's are making a concerted effort on all fronts to work their way into school counseling without adequate training. We need to keep our standards for certification for school counseling high.

P.O. Box 706, De Kalb, Illinois 60115 phone (815) 787-0515 fax ( 815 ) 787-0505

e-mail imhca@imhca.org

American Association American Dance Illinois Art Illinois Illinois Illinois School Illinois

Of Pastoral Therapy Therapy Counseling Mental Health Counselor Association

Counselors Association Association Association Counselors Association of Rehabilitation

Association Professionals

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