02-514-1 Me. Code R. § 1

Current through 2024-51, December 18, 2024
Section 514-1-1 - Definitions

As used in the rules of the Board of Counseling Professionals Licensure, unless the context otherwise indicates, the following terms have the following meanings:

1. ACPE. "ACPE" means Association for Clinical Pastoral Education.
2. Board."Board" means the Board of Counseling Professionals Licensure.
3. AMFTRB. "AMFTRB" means Association of Marital and Family Therapy Regulatory Boards.
4.CACREP. "CACREP" means Council for Accreditation of Counseling and Related Educational Programs.
5. Client. "Client" means any person who is currently receiving counseling or has previously received counseling for any amount of time from a licensed or registered counselor. For purposes of the board's rules, "counseling" includes marital and family therapy services.
6. Clinical counseling experience [applicable to LCPCs, LMFTs and Pastoral Counselors]. "Clinical counseling experience" means the diagnosis and treatment of mental health disorders through the application of procedures of counseling on a full- or part-time basis in an appropriate professional environment including, but not limited to a hospital, mental health center, counselor education program, university counseling center or private practice of professional counseling. Clinical counseling experience also includes supervision of counseling and related learning and professional activities.
7. COAMFTE. "COAMFTE" means Commission on Accreditation for Marriage and Family Therapy Education.
8. Contact hours. For purposes of continuing education, "contact hours" means the number of actual hours spent in direct participation between learner and instructor, supervisor or facilitator. Time devoted to preparation for activities, independent study, assignments and socializing is not included. For academic class work, one 50 minute class meeting three times per week or one 21/12 hour class meeting once per week for 15 weeks equals 45 contact hours.
9. Continuing education. "Continuing education" means a planned educational experience directly related to the theory and practice of professional counseling that is designed to promote the development of knowledge and skills in the profession.
10. CORE. "CORE" means Council on Rehabilitation Education.
11. Counselingexperience [applicable to licensed professional counselors]. "Counseling experience" means the application of procedures of counseling on a full- or part-time basis in an appropriate professional environment including, but not limited to a hospital, school, mental health center, counselor education program, university counseling center or private practice of professional counseling. Counseling experience also includes supervision of counseling and related learning and professional activities.
11-A. Counselor. "Counselor" means a person who holds a license or registration issued by the board, or a person who engages in activities for which a license is required by 32 MRSA §13851(4-A).
12.Direct clinical contact hours. "Direct clinical contact hours" means the specific amount of time spent in a clinical counseling capacity with clients doing individual, group, family or couples counseling.
12-A. Direct counseling. "Direct counseling" means the specific amount of time spent in a counseling capacity with clients doing individual, group, family or couples counseling.
13. Documented proof. "Documented proof" of an academic degree means an official college or university transcript documenting all coursework and training received by the applicant from the institution. If the transcript does not indicate the number of contact hours and hours of face-to-face supervision in an internship program, the institution must provide a letter documenting the number of hours earned by the applicant.
14. Individual supervision. Except as otherwise permitted by the board's rules, "individual supervision" means supervision in which the approved supervisor is physically present with the supervisee on a one-to-one basis and either discussing or observing the supervisee's practice.
15. NBCC. "NBCC" means National Board for Certified Counselors.
15-A. Peer Consultation. "Peer consultation" means the voluntary relationship between professionals of relatively equal expertise or status, wherein the peer consultant offers his or her information or advice on an individual case or problem for use by the peer consultee as the consultee deems appropriate.
16. Quarter-hour equivalent. "Quarter-hour equivalent" means 2/3 of a semester hour.
17. Regionally accredited. "Regionally accredited" means that the educational institution is accredited by a regional institutional accrediting agency recognized by the U.S. Department of Education.
18.Relevant professional and continuing education experience. "Relevant professional and continuing education experience" means a professional program, seminar, workshop or formal graduate course work in a nationally or regionally accredited institution consisting of at least one contact clock hour which provides specific knowledge, skills and abilities in the professional field of counseling. These may be offered at a professional convention, conference, workshop or as an independent program for a fee or free.
19. Sexual activity. "Sexual activity" means the conduct described in Section 1(19)(A) and (B) of this chapter, to wit:
A. Level 1 sexual activity consists of any conduct by a counselor that is overtly sexual or may be reasonably interpreted as overtly sexual, even when initiated or consented to by the client or other person described in Chapter 8-A, Section 4 of the board's rules, including but not limited to:
(1) Sexual intercourse or genital to genital contact;
(2) Oral to genital contact;
(3) Oral to anal contact or genital to anal contact;
(4) Kissing in a sexual manner (e.g., kissing on the lips);
(5) Any touching of a body part for any purpose other than appropriate comfort, or where the client or other person has refused or has withdrawn consent; or
(6) Performing or offering to perform any service, or providing or offering to provide any consideration, of any kind in exchange for sexual favors.
B. Level 2 sexual activity consists of words, gestures, expressions or behaviors by a counselor that are seductive, sexually suggestive, sexualized or sexually demeaning to a client or other person described in Chapter 8-A, Section 4 of the board's rules, including but not limited to:
(1) Kissing;
(2) Inappropriate comments about or to a client or other person, including but not limited to sexual comments about the body or underclothing of the client or other person;
(3) Criticism of sexual orientation;
(4) Comments about sexual performance when not clinically indicated;
(5) Requests for details of sexual likes or dislikes when not clinically indicated;
(6) Use of the counselor-client or other counseling relationship to solicit a date or initiate a romantic relationship; or
(7) Initiation or participation by a counselor of conversation regarding the sexual problems, preferences or fantasies of the counselor or client or other person when not clinically indicated.
20. Supervision. "Supervision" means a continuous process performed by a supervisor who monitors the professional practices of a licensee through regular, documented, face-to-face consultation and instruction for the purpose of evaluating and enhancing the function of the supervisee and monitoring the quality of professional services offered to clients.
21. Supervisor. "Supervisor" is a person who provides supervision and meets the qualifications set forth in the board's rules.

02-514 C.M.R. ch. 1, § 1