A BILL TO BE ENTITLED
AN ACT to change the name of the north carolina board of licensed professional counselors to the north carolina board of licensed clinical mental health counselors, to allow that board to create a program for licensees who may be experiencing mental health concerns, and to allow that board to enter into reciprocity agreements with other states.
The General Assembly of North Carolina enacts:

Part I. Changes to the licensed professional counselors act
SECTION 1.  Article 24 of Chapter 90 of the General Statutes reads as rewritten:
"Article 24.
"Licensed Clinical Mental Health Counselors Act.
"§ 90‑329.  Declaration of policy.
It is declared to be the public policy of this State that the activities of persons who render counseling services to the public be regulated to insure the protection of the public health, safety, and welfare.
"§ 90‑330.  Definitions; practice of counseling.
(a)	Definitions. – The following definitions apply in this Article:
(1)	Repealed by Session Laws 1993, c. 514, s. 1.
(1a)	The "Board" means the Board of Licensed Clinical Mental Health Counselors.
(2)	A "licensed clinical mental health counselor" is a person engaged in the practice of counseling who holds a license as a licensed clinical mental health counselor issued under the provisions of this Article.
(2a)	A "licensed clinical mental health counselor associate" is a person engaged in the supervised practice of counseling who holds a license as a licensed clinical mental health counselor associate issued under the provisions of this Article.
(2b)	A "licensed clinical mental health counselor supervisor" is a person engaged in the practice of counseling who holds a license as a licensed clinical mental health counselor and is approved by the Board to provide clinical supervision under the provisions of this Article.
(3)	The "practice of counseling" means holding oneself out to the public as a clinical mental health counselor offering counseling services that include, but are not limited to, the following:
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The "practice of counseling" does not include the facilitation of communication, understanding, reconciliation, and settlement of conflicts by mediators at community mediation centers authorized by G.S. 7A‑38.5.
(4)	A "supervisor" means any licensed clinical mental health counselor supervisor or, when one is inaccessible, a licensed clinical mental health counselor or an equivalently and actively licensed mental health professional, as determined by the Board, who meets the qualifications established by the Board.
(b)	Repealed by Session Laws 1993, c. 514, s. 1.
(c)	Practice of Marriage and Family Therapy, Psychology, or Social Work. – No person licensed as a licensed clinical mental health counselor or licensed clinical mental health counselor associate under the provisions of this Article shall be allowed to hold himself or herself out to the public as a licensed marriage and family therapist, licensed practicing psychologist, psychological associate, or licensed clinical social worker unless specifically authorized by other provisions of law.
"§ 90‑331.  Prohibitions.
It shall be unlawful for any person who is not licensed under this Article to engage in the practice of counseling, use the title "Licensed Clinical Mental Health Counselor Associate," "Licensed Clinical Mental Health Counselor," or "Licensed Clinical Mental Health Counselor Supervisor," use the letters "LCMHCA," "LCMHC," or "LCMHCS," use any facsimile or combination of these words or letters, abbreviations, or insignia, or indicate or imply orally, in writing, or in any other way that the person is a licensed clinical mental health counselor.
"§ 90‑332.  Use of title by firm.
It shall be unlawful for any firm, partnership, corporation, association, or other business or professional entity to assume or use the title of licensed clinical mental health counselor unless each of the members of the firm, partnership, or association is licensed by the Board.
"§ 90‑332.1.  Exemptions from licensure.
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(b)	Persons who claim to be exempt under subsection (a) of this section are prohibited from advertising or offering themselves as "licensed clinical mental health counselors".
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"§ 90‑333.  North Carolina Board of Licensed Clinical Mental Health Counselors; appointments; terms; composition.
(a)	For the purpose of carrying out the provisions of this Article, there is hereby created the North Carolina Board of Licensed Clinical Mental Health Counselors which shall consist of seven members appointed by the Governor in the manner hereinafter prescribed. Any State or nationally recognized professional association representing clinical mental health counselors may submit recommendations to the Governor for Board membership. The Governor may remove any member of the Board for neglect of duty or malfeasance or conviction of a felony or other crime of moral turpitude, but for no other reason.
(b)	At least five members of the Board shall be licensed clinical mental health counselors except that initial appointees shall be persons who meet the educational and experience requirements for licensure as licensed clinical mental health counselors under the provisions of this Article; and two members shall be public‑at‑large members appointed from the general public. Composition of the Board as to the race and sex of its members shall reflect the population of the State and each member shall reside in a different congressional district.
(c)	At all times the Board shall include at least one counselor primarily engaged in counselor education, at least one counselor primarily engaged in the public sector, at least one counselor primarily engaged in the private sector, and two licensed clinical mental health counselors at large.
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"§ 90‑334.  Functions and duties of the Board.
(a)	The Board shall administer and enforce the provisions of this Article.
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(i)	The Board shall establish the criteria for determining the qualifications constituting "supervised clinical mental health practice".
(j)	The Board may examine, approve, issue, deny, revoke, suspend, and renew the licenses of counselor applicants and licensees under this Article, and conduct hearings in connection with these actions.
(k)	The Board shall investigate, subpoena individuals and records, and take necessary appropriate action to properly discipline persons licensed under this Article and to enforce this Article.
(l)	The Board shall establish a program for licensees who may be experiencing substance use disorders, burnout, compassion fatigue, and other mental health concerns. In establishing this program, the Board is authorized to enter into agreements with existing professional health care programs. The Board is also authorized to refer any licensee to this program as part of the disciplinary process. The Board may adopt rules implementing this program.
"§ 90‑335.  Board general provisions.
The Board shall be subject to the provisions of Chapter 93B of the General Statutes.
"§ 90‑336.  Title and qualifications for licensure.
(a)	Each person desiring to be a licensed clinical mental health counselor associate, licensed clinical mental health counselor, or licensed clinical mental health counselor supervisor shall make application to the Board upon such forms and in such manner as the Board shall prescribe, together with the required application fee.
(b)	The Board shall issue a license as a "licensed clinical mental health counselor associate" to an applicant who applies on or before March 1, 2016, and meets all of the following criteria:
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(b1)	The Board shall issue a license as a "licensed clinical mental health counselor associate" to an applicant who applies after March 1, 2016, through June 30, 2022, and meets all of the following criteria:
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(b2)	The Board shall issue a license as a "licensed clinical mental health counselor associate" to an applicant who applies on or after July 1, 2022, and meets all of the following criteria:
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(c)	The Board shall issue a license as a "licensed clinical mental health counselor" to an applicant who meets all of the following criteria:
(1)	Has met all of the requirements under subsection (b), (b1), or (b2) of this section, as applicable.
(2)	Has completed a minimum of 3,000 hours of supervised clinical mental health practice as determined by the Board.
(d)	A licensed clinical mental health counselor may apply to the Board for recognition as a "licensed clinical mental health counselor supervisor" and receive the credential "licensed clinical mental health counselor supervisor" upon meeting all of the following criteria:
(1)	Has met all of the requirements under subsection (c) of this section.
(2)	Has one of the following:
a.	At least five years of full‑time licensed clinical mental health counseling experience, including a minimum of 2,500 hours of direct client contact;
b.	At least eight years of part‑time licensed clinical mental health counseling experience, including a minimum of 2,500 hours of direct client contact; or
c.	A combination of full‑time and part‑time clinical mental health counseling experience, including a minimum of 2,500 hours of direct client contact as determined by the Board.
(3)	Has completed minimum education requirements in clinical supervision as approved by the Board.
(4)	Has an active license in good standing as a licensed clinical mental health counselor approved by the Board.
"§ 90‑337.  Persons credentialed in other states.
(a)	The Board may license any person who is currently licensed, certified, or registered by another state if the individual has met requirements determined by the Board to be substantially similar to or exceeding those established under this Article.
(b)	The Board may enter into reciprocity agreements with another state that has requirements for licensure as a clinical mental health counselor that are substantially similar or that exceed requirements established under this Article.
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"§ 90‑340.  Protection of the public.
(a)	The Board may, in accordance with the provisions of Chapter 150B of the General Statutes, deny, suspend, or revoke licensure, discipline, place on probation, limit practice, or require examination, remediation, or rehabilitation of any person licensed under this Article on one or more of the following grounds:
(1)	Has been convicted of a felony or entered a plea of guilty or nolo contendere to any felony charge under the laws of the United States or of any state of the United States.
(2)	Has been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor involving moral turpitude, misrepresentation, or fraud in dealing with the public, or conduct otherwise relevant to fitness to practice clinical mental health counseling, or a misdemeanor charge reflecting the inability to practice clinical mental health counseling with due regard to the health and safety of clients or patients.
(3)	Has engaged in fraud or deceit in securing or attempting to secure or renew a license under this Article or has willfully concealed from the Board material information in connection with application for a license or renewal of a license under this Article.
(4)	Has practiced any fraud, deceit, or misrepresentation upon the public, the Board, or any individual in connection with the practice of clinical mental health counseling, the offer of clinical mental health counseling services, the filing of Medicare, Medicaid, or other claims to any third‑party payor, or in any manner otherwise relevant to fitness for the practice of clinical mental health counseling.
(5)	Has made fraudulent, misleading, or intentionally or materially false statements pertaining to education, licensure, license renewal, certification as a health services provider, supervision, continuing education, any disciplinary actions or sanctions pending or occurring in any other jurisdiction, professional credentials, or qualifications or fitness for the practice of clinical mental health counseling to the public, any individual, the Board, or any other organization.
(6)	Has had a license or certification for the practice of clinical mental health counseling in any other jurisdiction suspended or revoked, or has been disciplined by the licensing or certification board in any other jurisdiction for conduct which would subject him or her to discipline under this Article.
(7)	Has violated any provision of this Article or any rules adopted by the Board.
(8)	Has aided or abetted the unlawful practice of clinical mental health counseling by any person not licensed by the Board.
(9)	Has been guilty of immoral, dishonorable, unprofessional, or unethical conduct as defined in this subsection or in the current code of ethics of the American Counseling Association. However, if any provision of the code of ethics is inconsistent and in conflict with the provisions of this Article, the provisions of this Article shall control.
(10)	Has practiced clinical mental health counseling in such a manner as to endanger the welfare of clients.
(11)	Has demonstrated an inability to practice clinical mental health counseling with reasonable skill and safety by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other substance affecting mental or physical functioning, or as a result of any mental or physical condition.
(12)	Has practiced clinical mental health counseling outside the boundaries of demonstrated competence or the limitations of education, training, or supervised experience.
(13)	Has exercised undue influence in such a manner as to exploit the client, patient, student, supervisee, or trainee for the financial or other personal advantage or gratification of the licensed clinical mental health counselor associate, licensed clinical mental health counselor, or a third party.
(14)	Has harassed or abused, sexually or otherwise, a client, patient, student, supervisee, or trainee.
(15)	Has failed to cooperate with or to respond promptly, completely, and honestly to the Board, to credentials committees, or to ethics committees of professional associations, hospitals, or other health care organizations or educational institutions, when those organizations or entities have jurisdiction.
(16)	Has refused to appear before the Board after having been ordered to do so in writing by the chair.
(17)	Has a finding listed on the Division of Health Service Regulation of the Department of Health and Human Services Health Care Personnel Registry.
(b)	The Board may, in lieu of denial, suspension, or revocation, take any of the following disciplinary actions:
(1)	Issue a formal reprimand or formally censure the applicant or licensee.
(2)	Place the applicant or licensee on probation with the appropriate conditions on the continued practice of clinical mental health counseling deemed advisable by the Board.
(3)	Require examination, remediation, or rehabilitation for the applicant or licensee, including care, counseling, or treatment by a professional or professionals designated or approved by the Board, the expense to be borne by the applicant or licensee.
(4)	Require supervision of the clinical mental health counseling services provided by the applicant or licensee by a licensee designated or approved by the Board, the expense to be borne by the applicant or licensee.
(5)	Limit or circumscribe the practice of clinical mental health counseling provided by the applicant or licensee with respect to the extent, nature, or location of the clinical mental health counseling services provided, as deemed advisable by the Board.
(6)	Discipline and impose any appropriate combination of the types of disciplinary action listed in this section.
In addition, the Board may impose conditions of probation or restrictions on continued practice of clinical mental health counseling at the conclusion of a period of suspension or as a requirement for the restoration of a revoked or suspended license. In lieu of or in connection with any disciplinary proceedings or investigation, the Board may enter into a consent order relative to discipline, supervision, probation, remediation, rehabilitation, or practice limitation of a licensee or applicant for a license.
(c)	The Board may assess costs of disciplinary action against an applicant or licensee found to be in violation of this Article.
(d)	When considering the issue of whether an applicant or licensee is physically or mentally capable of practicing clinical mental health counseling with reasonable skill and safety with patients or clients, upon a showing of probable cause to the Board that the applicant or licensee is not capable of practicing clinical mental health counseling with reasonable skill and safety with patients or clients, the Board may petition a court of competent jurisdiction to order the applicant or licensee in question to submit to a psychological evaluation by a psychologist to determine psychological status or a physical evaluation by a physician to determine physical condition, or both. The psychologist or physician shall be designated by the court. The expenses of the evaluations shall be borne by the Board. Where the applicant or licensee raises the issue of mental or physical competence or appeals a decision regarding mental or physical competence, the applicant or licensee shall be permitted to obtain an evaluation at the applicant or licensee's expense. If the Board suspects the objectivity or adequacy of the evaluation, the Board may compel an evaluation by its designated practitioners at its own expense.
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"§ 90‑343.  Disclosure.
Any individual, or employer of an individual, who is licensed under this Article may not charge a client or receive remuneration for clinical mental health counseling services unless, prior to the performance of those services, the client is furnished a copy of a Professional Disclosure Statement that includes the licensee's professional credentials, the services offered, the fee schedule, and other provisions required by the Board. 
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"§ 90‑345.  Criminal history record checks of applicants for licensure as clinical mental health counselors.
(a)	Definitions. – The following definitions shall apply in this section:
(1)	Applicant. – A person applying for licensure as a licensed clinical mental health counselor associate pursuant to G.S. 90‑336(b), 90‑336(b1), or 90‑336(b2) or licensed clinical mental health counselor pursuant to G.S. 90‑336(c).
(2)	Criminal history. – A history of conviction of a State or federal crime, whether a misdemeanor or felony, that bears on an applicant's fitness for licensure to practice clinical mental health counseling. The crimes include the criminal offenses set forth in any of the following Articles of Chapter 14 of the General Statutes: Article 5, Counterfeiting and Issuing Monetary Substitutes; Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7B, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots, Civil Disorders, and Emergencies; Article 39, Protection of Minors; Article 40, Protection of the Family; Article 59, Public Intoxication; and Article 60, Computer‑Related Crime. The crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act in Article 5 of Chapter 90 of the General Statutes and alcohol‑related offenses including sale to underage persons in violation of G.S. 18B‑302 or driving while impaired in violation of G.S. 20‑138.1 through G.S. 20‑138.5. In addition to the North Carolina crimes listed in this subdivision, such crimes also include similar crimes under federal law or under the laws of other states.
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part II. Technical and conforming changes related to the renaming of the Licensed Clinical Mental Health Counselors Act
SECTION 2.  G.S. 8‑53.8 read as rewritten:
"§ 8‑53.8.  Counselor privilege.
No person, duly licensed pursuant to Chapter 90, Article 24, of the General Statutes, shall be required to disclose any information which he or she may have acquired in rendering clinical mental health counseling services, and which information was necessary to enable him or her to render clinical mental health counseling services: Provided, that the presiding judge of a superior or district court may compel such disclosure, if in the court's opinion the same is necessary to a proper administration of justice and such disclosure is not prohibited by other statute or regulation."
SECTION 3.  G.S. 48‑10‑103(a)(3) reads as rewritten:
"(3)	Counseling services for a parent or the adoptee that are directly related to the adoption and are provided by a licensed psychiatrist, licensed psychologist, licensed marriage and family therapist, licensed clinical mental health counselor, licensed or certified social worker, fee‑based practicing pastoral counselor or other licensed clinical mental health counselor, or an employee of an agency;"
SECTION 4.  G.S. 55B‑2(6) reads as rewritten:
"(6)	The term "professional service" means any type of personal or professional service of the public which requires as a condition precedent to the rendering of such service the obtaining of a license from a licensing board as herein defined, and pursuant to the following provisions of the General Statutes: Chapter 83A, "Architects"; Chapter 84, "Attorneys‑at‑Law"; Chapter 93, "Public Accountants"; and the following Articles in Chapter 90: Article 1, "Practice of Medicine," Article 2, "Dentistry," Article 6, "Optometry," Article 7, "Osteopathy," Article 8, "Chiropractic," Article 9A, "Nursing Practice Act," with regard to registered nurses, Article 11, "Veterinarians," Article 12A, "Podiatrists," Article 18A, "Practicing Psychologists," Article 18C, "Marriage and Family Therapy Licensure," Article 18D, "Occupational Therapy," Article 22, "Licensure Act for Speech and Language Pathologists and Audiologists," and Article 24, "Licensed Clinical Mental Health Counselors"; Chapter 89C, "Engineering and Land Surveying"; Chapter 89A, "Landscape Architects"; Chapter 90B, "Social Worker Certification and Licensure Act" with regard to Licensed Clinical Social Workers as defined by G.S. 90B‑3; Chapter 89E, "Geologists"; Chapter 89B, "Foresters"; and Chapter 89F, "North Carolina Soil Scientist Licensing Act"."
SECTION 5.  G.S. 55B‑14(c)(4) reads as rewritten:
"(4)	A physician, a licensed psychologist, a licensed clinical social worker, or each of them and a certified clinical specialist in psychiatric and mental health nursing, a licensed marriage and family therapist, a licensed clinical mental health counselor, or each of them, to render psychotherapeutic and related services that the respective stockholders are licensed, certified, or otherwise approved to provide."
SECTION 6.  G.S. 58‑3‑192(a) reads as rewritten:
"(a)	As used in this section, the following definitions apply:
(1)	Adaptive behavior treatment. – Behavioral and developmental interventions that systematically manage instructional and environmental factors or the consequences of behavior that have been shown to be clinically effective through research published in peer reviewed scientific journals and based upon randomized, quasi‑experimental, or single subject designs. Both of the following requirements must be met:
a.	The intervention must be necessary to (i) increase appropriate or adaptive behaviors, (ii) decrease maladaptive behaviors, or (iii) develop, maintain, or restore, to the maximum extent practicable, the functioning of an individual.
b.	The treatment must be ordered by a licensed physician or licensed psychologist and the treatment must be provided or supervised by one of the following professionals, so long as the services or supervision provided is commensurate with the professional's training, experience, and scope of practice:
1.	A licensed psychologist or psychological associate.
2.	A licensed psychiatrist or developmental pediatrician.
3.	A licensed speech and language pathologist.
4.	A licensed occupational therapist.
5.	A licensed clinical social worker.
6.	A licensed clinical mental health counselor.
7.	A licensed marriage and family therapist.
8.	A board certified behavior analyst.
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(8)	Therapeutic care. – Direct or consultative services provided by a licensed speech therapist, licensed occupational therapist, licensed physical therapist, licensed clinical social worker, licensed clinical mental health counselor, or licensed marriage and family therapists.
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SECTION 7.  G.S. 58‑50‑30(b)(12) reads as rewritten:
"(12)	A clinical mental health counselor licensed by the North Carolina Board of Licensed Clinical Mental Health Counselors pursuant to Article 24 of Chapter 90 of the General Statutes."
SECTION 8.  G.S. 90‑21.41(2) reads as rewritten:
"(2)	Psychotherapist. – A psychiatrist licensed in accordance with Article 1 of Chapter 90 of the General Statutes, a psychologist as defined in G.S. 90‑270.2(9), a licensed clinical mental health counselor as defined in G.S. 90‑330(a), a substance abuse professional as defined in G.S. 90‑113.31(8), a social worker engaged in a clinical social work practice as defined in G.S. 90B‑3(6), a fee‑based pastoral counselor as defined in G.S. 90‑382(4), a licensed marriage and family therapist as defined in G.S. 90‑270.47(3), or a mental health service provider, who performs or purports to perform psychotherapy."
SECTION 9.  G.S. 90‑270.48A(a) reads as rewritten:
"(a)	This Article does not prevent members of the clergy or licensed, certified, or registered members of professional groups recognized by the Board from advertising or performing services consistent with their own profession. Members of the clergy include, but are not limited to, persons who are ordained, consecrated, commissioned, or endorsed by a recognized denomination, church, faith group, or synagogue. Professional groups the Board shall recognize include, but are not limited to, licensed or certified social workers, licensed clinical mental health counselors, fee‑based pastoral counselors, licensed practicing psychologists, psychological associates, physicians, and attorneys‑at‑law. However, in no event may a person use the title "Licensed Marriage and Family Therapist" or "Licensed Marriage and Family Therapy Associate," use the letters "LMFT" or "LMFTA," or in any way imply that the person is a licensed marriage and family therapist or a licensed marriage and family therapy associate unless the person is licensed as such under this Article."
SECTION 10.  G.S. 122C‑263.1(a) reads as rewritten:
"(a)	Physicians and eligible psychologists are qualified to perform the commitment examinations required under G.S. 122C‑263(c) and G.S. 122C‑283(c). The Secretary of Health and Human Services may individually certify to perform the first commitment examinations required by G.S. 122C‑261 through G.S. 122C‑263 and G.S. 122C‑281 through G.S. 122C‑283 other health, mental health, and substance abuse professionals whose scope of practice includes diagnosing and documenting psychiatric or substance use disorders and conducting mental status examinations to determine capacity to give informed consent to treatment as follows:
(1)	The Secretary has received a request:
a.	To certify a licensed clinical social worker, a master's or higher level degree nurse practitioner, a licensed clinical mental health counsellor, or a physician's assistant to conduct the first examinations described in G.S. 122C‑263(c) and G.S. 122C‑283(c).
b.	To certify a master's level licensed clinical addictions specialist to conduct the first examination described in G.S. 122C‑283(c).
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(4)	A certification granted by the Secretary under this section shall be in effect for a period of up to three years and may be rescinded at any time within this period if the Secretary finds the certified individual has failed to meet the requirements of this section. Certification may be renewed every three years upon completion of a refresher training program approved by the Department.
(5)	In no event shall the certification of a licensed clinical social worker, master's or higher level degree nurse practitioner, licensed clinical mental health counsellor, physician assistant, or master's level certified clinical addictions specialist under this section be construed as authorization to expand the scope of practice of the licensed clinical social worker, the master's level nurse practitioner, licensed clinical mental health counsellor, physician assistant, or the master's level certified clinical addictions specialist.
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SECTION 11.  G.S. 143B‑957 reads as rewritten:
"§ 143B‑957.  Criminal record checks of applicants for licensure as clinical mental health counselors.
The Department of Public Safety may provide to the North Carolina Board of Licensed Clinical Mental Health Counselors from the State and National Repositories of Criminal Histories the criminal history of any applicant for licensure or reinstatement of a license or licensee under Article 24 of Chapter 90 of the General Statutes. Along with the request, the Board shall provide to the Department of Public Safety the fingerprints of the applicant or licensee, a form signed by the applicant or licensee consenting to the criminal record check and use of fingerprints and other identifying information required by the State and National Repositories, and any additional information required by the Department of Public Safety. The applicant or licensee's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Board shall keep all information obtained pursuant to this section confidential. The Department of Public Safety may charge a fee to offset the cost incurred by it to conduct a criminal record check under this section. The fee shall not exceed the actual cost of locating, editing, researching, and retrieving the information."
SECTION 12.  The Codifier of Rules shall make any conforming rule changes necessary to reflect the name changes made by this act.
SECTION 13.  This act is effective January 1, 2020.