GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	5 

HOUSE BILL 881*
Committee Substitute Favorable 5/22/91
Corrected Copy 6/5/91
Committee Substitute #2 Favorable 6/5/91
Senate Finance Committee Substitute Adopted 6/24/91

Short Title:  Practicing Pastoral Counselors.	(Public)
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Sponsors:
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Referred to:  
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April 18, 1991

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE FEE-BASED PRACTICING PASTORAL COUNSELORS CERTIFICATION ACT.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 90 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 25.
"Fee-Based Practicing Pastoral Counselors.
"§ 90-350.  Title.
This Article shall be known as the 'Fee-Based Practicing Pastoral Counselor Certification Act.'
"§ 90-351.  Policy and purpose.
Fee-based pastoral counseling and pastoral psychotherapy in this State are declared to be professional practices that affect the public safety and welfare and necessitate appropriate certification and control in the public interest.
It is the purpose of this Article to establish a certifying agency, a structure, and procedures to ensure that the public will be protected from unprofessional, improper, unauthorized, and unqualified use of certain titles by persons who receive fees from the practice of pastoral counseling and pastoral psychotherapy.  This Article shall be construed to carry out these policies and purposes.
"§ 90-352.  Definitions.
The following definitions apply in this Article:
(1)	Accredited education institution. – A college, university, or theological seminary chartered by the State and accredited by the appropriate regional association of colleges and secondary schools or by the appropriate association of theological schools and seminaries.
(2)	Board. – The North Carolina State Board of Examiners of Fee-Based Practicing Pastoral Counselors.
(3)	Fee-based pastoral counseling associate. – An individual, certified under this Article, who renders or offers professional pastoral counseling services.  However, the fee-based pastoral counseling associate does not engage in counseling, psychotherapy, diagnosis, amelioration of difficulties in living, and the resolution of interpersonal conflict except under qualified supervision in accordance with the duly adopted rules of the Board.
(4)	Fee-based pastoral counselor. – A minister who receives fees from the practice of pastoral counseling.
(5)	Fee-based practice of pastoral counseling. – To render or offer for a fee or other compensation professional pastoral counseling services, whether within the general public or within organizations, either public or private, to individuals, singly or in groups; to couples, married or in other relationships; and to families.
(6)	Fee-based professional pastoral counseling services. – The application of pastoral care and pastoral counseling principles and procedures for a fee or other compensation with the purposes of understanding, anticipating, or influencing the behavior of individuals in order to assist in their attainment of maximum personal growth; optimal work, marital, family, church, school, social, and interpersonal relationships; and healthy personal adaptation.  The application of pastoral care and pastoral psychotherapy principles and procedures includes some or all of the following, but is not restricted to:  sustaining, healing, shepherding, nurturing, guiding, and reconciling; interviewing, counseling, and psychotherapy; diagnosis, prevention, and amelioration of difficulties in living; and the resolution of interpersonal and social conflict.  Teaching, writing, the giving of public speeches or lectures, and research concerned with pastoral care and counseling principles are not included in professional pastoral counseling services within the meaning of this Article.
(7)	Minister. – A person who has been called, elected or otherwise authorized by a church, denomination or faith group through ordination, consecration or equivalent means, to exercise, within and on behalf of the denomination or faith group, specific religious leadership and service that furthers its purpose and mission and that differs from the religious service of the laity of the denomination or faith group.
(8)	Pastoral counseling. – Used interchangeably with pastoral psychotherapy to mean a process in which a pastoral counselor utilizes insights and principles derived from the disciplines of theology and the behavioral sciences to help persons achieve wholeness and health.
(9)	Pastoral psychotherapy. – The use of pastoral care and pastoral counseling methods in a professional relationship to assist a person to modify feelings, attitudes, and behavior that are intellectually, socially, emotionally, or spiritually maladjustive, ineffectual or otherwise contributing to difficulties in living.
"§ 90-353.  Exemptions to this Article.
(a)	Nothing in this Article shall be construed as limiting the ministry, activities or services of a minister called, elected, or otherwise authorized by a church, denomination, or faith group to perform the ordinary duties or functions of the clergy.
(b)	Nothing in this Article shall be construed as limiting the activities, services, or use of a title to designate a training status of a student, intern, or fellow preparing for the practice of pastoral care and counseling under qualified supervision in an accredited educational institution or service facility, provided that activities and services constitute a part of the course of study.
(c)	Nothing in this Article shall be construed to limit or restrict physicians, surgeons, optometrists, psychiatrists, or psychologists licensed to practice under the laws of North Carolina; or to restrict qualified members of other professional groups who render counseling and other helping services including counselors, social workers, and other similar professions; or to restrict qualified members of any other professional groups in the practice of their respective professions, provided they do not claim to the public by any title or description stating or implying that they are fee-based practicing pastoral counselors or fee-based pastoral counseling associates, or are certified to receive fees for the practice of pastoral counseling.
(d)	Except as otherwise provided in this Article, if a person exempt from the provisions of this Article becomes certified under this Article, he or she shall be required to comply with all requirements imposed by Board rules or by statute upon all other pastoral counselors certified under this Article.
"§ 90-354.  Temporary certificates.
The Board may issue a temporary pastoral counseling certificate to any person who is otherwise qualified under this Article until the next annual examinations are given.
"§ 90-355.  North Carolina State Board of Examiners of Fee-Based Pastoral Counselors.
(a)	The North Carolina State Board of Examiners of Fee-Based Practicing Pastoral Counselors is created.  The Board shall consist of seven members as follows:
(1)	Three members appointed by the Governor, two of whom shall be certified fee-based practicing pastoral counselors and one of whom shall be a certified fee-based pastoral counseling associate.
(2)	Two members appointed by the Speaker of the House of Representatives, one of whom shall be a certified fee-based practicing pastoral counselor and one of whom shall be ordained clergy not certified under this Article.
(3)	Two members appointed by the President Pro Tempore of the Senate, one of whom shall be a certified fee-based practicing pastoral counselor and one of whom shall be ordained clergy not certified under this Article.
In making appointments, consideration shall be given to the adequate representation of the various fields and areas of the practice of pastoral counseling.  Legislative appointments shall be made in accordance with G.S. 120-121.
(b)	Each member shall be appointed for a term of four years and shall serve until a successor is appointed and qualified.  Vacancies shall be filled by the appropriate appointing authority within 30 days after the position is vacated.  A vacancy in a legislative appointment shall be filled in accordance with G.S. 120-122.  Appointees shall serve the remainder of the unexpired term and until their successors have been appointed and qualified.  No person may be appointed more than once to fill an unexpired term or to more than two consecutive terms.
(c)	 Of the members initially appointed, three members, including one certified fee-based practicing pastoral counselor appointed by the Governor, one certified fee-based pastoral counseling associate appointed by the Governor, and one ordained clergy who is not certified under this Article appointed by the President Pro Tempore of the Senate, shall serve for a term of two years.  Two members, including one certified fee-based practicing pastoral counselor appointed by the Speaker of the House of Representatives and one ordained clergy who is not certified under this Article appointed by the Speaker of the House of Representatives, shall serve for a term of three years.  Two members, including the certified fee-based practicing pastoral counselor appointed by the Governor and designated as chairperson of the Board and the certified fee-based practicing pastoral counselor appointed by the President Pro Tempore of the Senate, shall serve for a term of four years.  Initial appointees shall be persons who meet the education and experience requirements for certification under this Article and shall be deemed certified upon appointment.
(d)	The Governor may remove any member of the Board for neglect of duty or malfeasance or conviction of a felony or crime of moral turpitude while in office but for no other reason.
(e)	Five of the Board members constitute a quorum.   The Governor shall designate one Board member who is a certified fee-based practicing pastoral counselor to serve as chairperson during the term of his or her appointment to the Board.  No person may serve as chairperson for more than four years.  The principal office of the Board shall be at such location in the State as the Board shall specify.
(f)	The Board shall meet annually, at a time set by the Board, and it may hold additional meetings and conduct any proceeding or investigation necessary to its purposes and may empower its agents or counsel to conduct any investigation necessary to its purposes.  The Board may order that any records concerning the provision of pastoral counseling services relevant to a complaint received by the Board or any inquiry or investigation conducted by or on behalf of the Board be produced for inspection and copying by representatives of the Board.  The Board shall adopt an official seal, which shall be affixed to all certificates issued by the Board.  The Board shall make such rules, in accordance with Chapter 150B, as may be necessary to regulate its proceedings and otherwise to implement the provisions of this Article.
(g)	Board members shall receive no compensation for their services, but may receive their necessary expenses incurred in the performance of duties required by this Article, as provided in G.S. 138-6, from funds generated from examination fees or from contributions made to the Board.  The Board may employ and compensate necessary personnel for the performance of its functions, within the limits of funds available to the Board.  In no event shall the State be liable for expenses incurred by the Board in excess of the income derived from this Article.
"§ 90-356.  Annual report.
Within 90 days of the end of each fiscal year, beginning with fiscal year 1992-93, the Board shall submit a report to the Governor of the Board's activities since the preceding July 1, including the names of all fee-based practicing pastoral counselors and fee-based pastoral counseling associates to whom certificates have been granted under this Article.
"§ 90-357.  Certification and examination.
(a)	The Board shall issue a certificate to practice pastoral counseling as a fee-based pastoral counselor to any applicant who pays an application fee of one hundred dollars ($100.00) and an additional examination fee set by the Board of not more than four hundred dollars ($400.00), who passes a Board examination in pastoral counseling, and who submits evidence verified by oath and satisfactory to the Board that the applicant:
(1)	Is at least 21 years of age;
(2)	Is of good moral character;
(3)	Has received a masters of divinity or higher degree, or its equivalent, from an accredited educational institution;
(4)	Has received a masters or doctoral degree in pastoral counseling, or its equivalent, based on a planned and directed program of studies in pastoral counseling from an accredited educational institution; has completed satisfactorily one unit of full-time clinical pastoral education in a program accredited by the Association of Clinical Pastoral Education, or its equivalent; and has completed at least 1,375 hours of pastoral counseling while receiving a minimum of 250 hours of supervision of these hours of pastoral counseling;
(5)	Is a member of a recognized denomination or faith group that recognizes the applicant's status as a rabbi, priest, minister, or religious leader, as defined in Federal Tax Regulations, paragraph (g)(5)(1) of 26 C.F.R. 1.6033-2 (1982);
(6)	Has evidence, furnished to the Board at the time of application, of completion of three years of full-time work as a rabbi, priest, minister, or religious leader, or its equivalent;
(7)	Has evidence, furnished to the Board at the time of application and annually thereafter, of ordination, or its equivalent (as determined by the person's denomination or faith group), and with endorsement to function as a pastoral counselor; and
(8)	Has not within the preceding six months failed an examination given by the Board.
(b)	The Board shall issue a certificate to practice pastoral counseling as a fee-based pastoral counseling associate to any applicant who pays an application fee of one hundred dollars ($100.00) and an additional examination fee set by the Board of not more than four hundred dollars ($400.00), who passes a satisfactory examination in pastoral counseling, and who submits evidence verified by oath and satisfactory to the Board that the applicant:
(1)	Has complied with the provisions of G.S. 90-357(a)(1),(2),(3),(5),(6),(7), and (8) of this Article; and
(2)	Has satisfactorily completed one unit of full-time clinical pastoral education in a program accredited by the American Association for Clinical Education, or its equivalent, and has completed at least 375 hours of pastoral counseling while receiving a minimum of 125 hours of supervision of these hours of pastoral counseling.
(c)	A pastoral counseling associate may be upgraded to a practicing pastoral counselor if the applicant complies with the requirements set forth in subsection (a) of this section and pays an examination fee of not more than four hundred dollars ($400.00).
(d)	The examinations required by subsections (a) and (b) of this section shall be in a form and content prescribed by the Board and shall be oral and written.  The examinations shall be administered annually, or more frequently as the Board may prescribe, at a time and place to be determined by the Board.
"§ 90-358.  Equivalent certification and memberships recognized.
(a)	The Board may grant a certificate as a fee-based practicing pastoral counselor to any person meeting the requirements of G.S. 90-357(a) who at the time of application is certified as a pastoral counselor by a board of another state whose standards, in the opinion of the Board, are not lower than those required by this Article.  The provisions of this section apply only when such states grant similar privilege to residents of this State.  To determine a candidate's qualifications, the Board may require a personal interview, in addition to any documentation necessary for the determination.
(b)	The Board may grant a certificate as a practicing pastoral counselor to any person who has been certified as a Fellow or Diplomate by the American Association of Pastoral Counselors if application is made by December 31, 1991.  To determine a candidate's qualification, the Board may require a personal interview, in addition to any documentation necessary for the determination.
(c)	The Board may grant a certificate as a fee-based pastoral counseling associate to any person who has been certified as a Member by the American Association of Pastoral Counselors if application is made by December 31, 1991.  To determine a candidate's qualifications, the Board may require a personal interview, in addition to any documentation necessary for the determination.
"§ 90-359.  Renewal of certificate.
A certificate issued under this Article must be renewed annually on or before the first day of January.  Each application for renewal must be accompanied by a renewal fee set by the Board of not more than one hundred dollars ($100.00).  If a certificate is not renewed on or before the first day of January of each year, an additional fee of not more than twenty-five dollars ($25.00) shall be charged for late renewal.  The Board may establish requirements for continuing education for pastoral counselors and pastoral counseling associates certified in this State as an additional condition for renewal.
"§ 90-360.  Refusal, suspension, or revocation of certificates.
(a)	A certificate applied for or issued under this Article may be refused, suspended, revoked, or otherwise limited as provided in subsection (e) by the Board upon proof that the applicant or person to whom a certificate was issued:
(1)	Has been convicted of a felony;
(2)	Has been convicted of a misdemeanor involving moral turpitude or misrepresentation or fraud in dealing with the public or otherwise relevant to fitness to practice fee-based pastoral counseling;
(3)	Has engaged in fraud or deceit in securing or attempting to secure a certificate or the renewal thereof or has willfully concealed from the Board material information in connection with application for or renewal of a certificate under this Article;
(4)	Is a habitual drunkard or is addicted to deleterious habit-forming drugs;
(5)	Has made fraudulent or misleading statements pertaining to his education, licensure, professional credentials, or related to his qualification or fitness for the practice of pastoral counseling;
(6)	Has had a license for the practice of pastoral counseling in any other state, or any other country, suspended or revoked;
(7)	Has been guilty of unprofessional conduct as defined by the then-current code of ethics published by the American Association of Pastoral Counselors; or
(8)	Has violated any provision of this Article or of the duly adopted rules of the Board.
(b)	A certificate issued under this Article shall be automatically suspended by the Board after failure to renew a certificate for a period of more than three months after the annual renewal date.
(c)	Except as otherwise provided herein, the procedure for revocation, suspension, refusal, or other limitations of the license shall be in accordance with the provisions of Chapter 150B of the General Statutes.  In any proceeding before the Board, in any record of any hearing before the Board, in any complaint or notice of charges against any fee-based pastoral counselor or pastoral counseling associate certified under this Article, and in any decision rendered by the Board, the Board shall endeavor to withhold from public disclosure the identity of any counselees or clients who have not consented to the public disclosure of treatment by the pastoral counselor or pastoral counseling associate.  The Board may close a hearing to the public and receive in executive session evidence concerning the treatment or delivery of pastoral counseling services to a counselee or a client who has not consented to public disclosure of such treatment or services as may be necessary for the protection and rights of such counselee or client of the accused pastoral counselor or pastoral counseling associate and the full presentation of relevant evidence.  All records, papers, and documents containing information collected and compiled by or on behalf of the Board as a result of investigations, inquiries, or interviews conducted in connection with certification or disciplinary matters are not public records within the meaning of Chapter 132 of the General Statutes; provided, however, that any notice or statement of charges against any fee-based pastoral counselor or pastoral counseling associate certified under this Article, or any notice to any fee-based pastoral counselor or pastoral counseling associate certified under this Article of a hearing in any proceeding, or any decision rendered in connection with a hearing in any proceeding is a public record within the meaning of Chapter 132 of the General Statutes, notwithstanding that it may contain information collected and compiled as a result of such investigation, inquiry, or hearing, except that identifying information concerning the treatment or delivery of services to a counselee or client who has not consented to the public disclosure of such treatment or services may be deleted.  If any such record, paper, or other document containing information collected and compiled by or on behalf of the Board, as provided in this section, is received and admitted in evidence in any hearing before the Board, it shall thereupon be a public record within the meaning of Chapter 132 of the General Statutes, subject to any deletions of identifying information concerning the treatment or delivery of pastoral counseling services to a counselee or client who has not consented to public disclosure of such treatment or services.
(d)	The Board may reinstate a suspended certificate upon payment by an applicant of a special fee of twenty dollars ($20.00), and may require that the applicant file a new application, or submit to reexamination for reinstatement, and pay such other statutorily authorized fees as required by the Board.
(e)	Upon proof that a fee-based pastoral counselor or pastoral counseling associate certified under this Article has engaged in any of the prohibited actions specified in subsection (a) above, the Board may, in lieu of refusal, suspension, or revocation, do any one or more of the following:
(1)	Issue a formal reprimand.
(2)	Formally censure the pastoral counselor or pastoral counseling associate.
(3)	Place the pastoral counselor or pastoral counseling associate on probation with such appropriate conditions as the Board may deem advisable.
(4)	Limit or circumscribe the professional pastoral counseling services provided by the pastoral counselor or the pastoral counseling associate as the Board deems advisable.
(f)	The Board may impose conditions of probation or restrictions on continued practice at the conclusion of a period of suspension or as requirements for the restoration of a revoked or suspended certificate.  In lieu of or in connection with any disciplinary proceedings or investigation, the Board may enter into a consent order relating to the discipline, censure, proceeding costs, probation, or limitations of a pastoral counselor or pastoral counseling associate certified under this Article.
"§ 90-361.  Prohibited acts.
No person shall represent himself to be a certified fee-based practicing pastoral counselor or a certified fee-based pastoral counseling associate, or engage in or offer to engage in the practice of certified fee-based pastoral counseling, without a valid certification issued under this Article.  No person shall use these titles or descriptions, or any of their derivatives, in such a manner which would imply that the person is certified under this Article.  The use by a person who is not certified under this Article of such terms, whether in titles or description or otherwise, is not prohibited by this Article except when used in connection with the practice of fee-based pastoral counseling as defined in this Article; such use of these terms by a person not certified under this Article shall not be construed as implying that the person is certified under this Article or as practicing or offering to practice fee-based pastoral counseling.
"§ 90-362.  Disposition of fees.
The fees derived from the operation of this Article shall be used by the Board in carrying out its functions.  The operations of the Board are subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
"§ 90-363.  Injunction for violations.
The Board may apply to the superior court for an injunction to prevent violations of this Article or of any rules enacted pursuant thereto and the court is empowered to grant such injunctions.
"§ 90-364.  Duplicate and replacement certificates.
A certified fee-based pastoral counselor may request the Board to issue a duplicate or replacement certificate for a fee set by the Board not to exceed fifty dollars ($50.00).  Upon receipt of the request and a showing of good cause for the issuance of a duplicate replacement certificate, and payment of the fee, the Board shall issue a duplicate or replacement certificate."
Sec. 2.  This act becomes effective October 1, 1991.