LD 28
pg. 2
Page 1 of 4 An Act To Require That Mental Health Workers with Family Therapist Licenses Be ... Page 3 of 4
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LR 268
Item 1

 
and mental health nursing may not be conditioned upon prior
diagnosis or referral by a physician or other health care
professional, except in cases where diagnosis of the condition for
which the services are rendered is beyond the scope of their
licensure.

 
2. Nothing in subsection 1 may be construed to require a
health insurance policy subject to this chapter to provide for
reimbursement of services that are within the lawful scope of
practice of a psychologist licensed to practice in this State, a
clinical social worker licensed in this State, a clinical
professional counselor licensed to practice in this State, a
licensed marriage and family therapist licensed in this State, a
certified social worker licensed to practice in this State, or a
certified nurse licensed to practice in this State.

 
3. Mental health services provided by counseling
professionals. Except as provided in subsection 1 with regard to
reimbursement of clinical professional counselors and marriage
and family therapists licensed in this State, an insurer that
issues individual health care contracts providing coverage for
mental health services shall offer coverage for those services
when performed by a counseling professional who is licensed by
the State pursuant to Title 32, chapter 119 to assess and treat
interpersonal and intrapersonal problems, has at least a masters
degree in counseling or a related field from an accredited
educational institution and has been employed as a counselor for
at least 2 years. Any contract providing coverage for the
services of counseling professionals pursuant to this section may
be subject to any reasonable limitations, maximum benefits,
coinsurance, deductibles or exclusion provisions applicable to
overall benefits under the contract. This subsection applies to
all contracts executed, delivered, issued for delivery, continued
or renewed in this State on or after January 1, 1997. For
purposes of this subsection, all contracts are deemed renewed no
later than the next yearly anniversary of the contract date.

 
Sec. 2. 24-A MRSA §2835, as amended by PL 2003, c. 517, Pt. B, §13,
is further amended to read:

 
§2835. Mental health services

 
1. Notwithstanding any provision of a health insurance policy
or certificate issued under a group policy subject to this
chapter, whenever the policy provides for payment or
reimbursement for services that are within the lawful scope of
practice of a psychologist licensed to practice in this State;, a
certified social worker licensed for the independent practice of
social work in this State who has at least a masters degree in
social work from an accredited educational institution, has been


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