Opposition to S.2706 Amendments
Protecting the Integrity of LMHC Licensure in Massachusetts
Overview
This page outlines formal opposition to Sections 1 and 2 of the proposed amendments to S.2706, which would allow DESE educational credentials and experience to substitute for the standards required for clinical LMHC licensure.
Why This Legislation Matters - Concerns About Educational Standards
Proposed Sections 1 and 2 of S2706 to amend MGL 112 section 165 would allow school support personnel licenses to obtain clinical licenses without meeting the standards of clinical licensure which is currently required of all LMHC applicants. The bill states the following as a replacement for current standards:
(3) [applicant] demonstrates to the board, the successful completion of a masters degree in a relevant field from an educational institution licensed by the state in which it is located and meets national standards for granting of a masters degree with a subspecialization in marriage and family therapy, rehabilitation counseling, counseling, or a relevant subspecialization approved by the board; provided, however, that all relevant graduate coursework credits, as determined by the board, that an individual earns that count towards the credit requirement for professional licensure as specialized instructional support personnel... shall be applied towards this educational requirement for applicants seeking licensure as a mental health counselor, including credits earned in a graduate program that is less than 60 credits.
First, there is no mention of national standards in the CMR 262 in regards to the educational requirements. Our board recognizes the importance of content as it applies to our state licensure, which is one reason why standardization across states has not yet been reached.
Educational content requirements should be, and currently are, applied on a case-by-case basis for those who apply for an LMHC with a relevant 60 credit masters degree. This is already an opportunity, and there is no regulation preventing individuals with a degree in a related field from applying.
This part of the amendment implies that we do not allow applicants with school counseling degrees to apply, which is misleading. Content areas that have previously been identified by the board were done so for a reason, and applicants from other states and programs have been prevented from obtaining licensure until these courses have been taken.
Disregarding these requirements for school support personnel is directly contradictory to the precedent for educational requirements that have been set in 262 CMR 2.05.
It should be noted that the revision to the 262 CMR Section 2 regulations in 2017 specifically addressed a change that requires LMHC applicants to have a 60 credit masters degree. This change was made on purpose, to standardize the educational requirements in MA and ensure that applicants were receiving robust instruction from comprehensive educational programming.
This current bill would allow educational programs intended to prepare students for DESE personnel standards to qualify for clinical licensure without equivalent training across populations and settings.
Concerns About Clinical Experience Requirements
To be eligible for licensure, an applicant must have 2 additional years of supervised clinical experience... including experience in a school setting as specialized instructional support personnel...
There are several discrepancies between LMHC requirements and what is proposed. Two years of supervised clinical experience is not defined, whereas current regulations require 3,360 hours with clearly defined criteria.
More concerning is the inclusion of school-based roles as equivalent to clinical experience. If considered equivalent, this would imply that individuals have been practicing beyond legal scope without licensure, which is not permissible in Massachusetts.
School counseling roles do not include full clinical scope such as diagnosis, treatment planning, and work across the lifespan.
Including suicide prevention training does not replace comprehensive clinical training, ethical decision-making, or understanding of HIPAA versus FERPA regulations.
Concerns About Supervision Standards
“Supervision” shall be defined as no less than 200 hours...
These proposed supervision requirements do not align with existing standards (130 total hours, 75 individual).
Additionally, LMHC licensure requires supervision specifically by licensed LMHCs to ensure profession-specific competency.
The amendment would allow supervision by individuals without LMHC licensure, weakening professional oversight.
Ultimately, this would allow individuals without full LMHC training to independently practice across all populations.
Take Action
Contact the Joint Committee on Consumer Protection and Professional Licensure and urge them to oppose Sections 1 and 2 of S.2706.
Contact the CommitteeYou can use the sample email below to share your concerns directly with committee members.
Sample Email to Legislators
Subject: OPPOSE Sections 1 and 2 of the proposed amendments (S2706 “An Act expanding licensure opportunity for school counselors”) to M.G.L. c.112, §165
Dear Senator,
I am writing to express my strong opposition S.2706, which would allow school support personnel DESE licensees to obtain mental health counselor licenses without meeting the standards of clinical licensure which is currently required of all LMHC applicants.
There are several discrepancies between what the LMHC requires, and is understood by the profession and consumers to be part of the clinical training, and what is required by DESE to meet standards as a school support personnel (school or adjustment counselors). If these school personnel were able to achieve licensure without the regulatory requirements being met, the consumer population will be at risk. These individuals have experience and training working within a school environment, with K-12 students, and are not trained or required to do assessment, diagnosis and treatment planning across the lifespan for all mental health diagnoses found in the general population.
It should be noted that amendments and proposals such as this one imply that there is no path for individuals with relevant experience or education to pursue independent licensure. There are many graduate programs in MA that provide all requirements for both school counseling and mental health counseling. These programs already acknowledge that the two licenses-both DESE educational support personnel and AMH LMHC licenses- are NOT interchangeable.
The AMH board routinely reviews education content areas from applicants every year to assess for appropriateness of programs, as well as reviewing atypical applicant experience for compliance with current regulation standards. In fact, out of state and international professionals are subject to such scrutiny in order to preserve the integrity of the LMHC profession here in Massachusetts. These standards should be applied to in-state applicants who additionally did not choose an already established path for a career as an LMHC.
Thank you for your service to the Commonwealth.
Sincerely,
[Your Name]
[City/Town]