AMEND QUAL./COUNSELING/LOCAL PREEMPTION. (NEW)

View NCGA Bill Details2015-2016 Session
Senate Bill 279 (Public) Filed Thursday, March 12, 2015
AN ACT AMENDING THE PROFESSIONAL COUNSELORS ACT TO MODIFY EDUCATIONAL QUALIFICATIONS FOR THE PRACTICE OF COUNSELING AND TO REQUIRE LOCAL BOARDS OF EDUCATION TO ADDRESS SEX TRAFFICKING PREVENTION AND AWARENESS.
Intro. by Barefoot.

Status: Ch. SL 2015-279 (Senate Action) (Oct 20 2015)

SOG comments (2):

Long Title Change

House committee substitute to the 2nd edition made changes to the long title. The original title was as follows:

AN ACT AMENDING THE PROFESSIONAL COUNSELORS ACT TO MODIFY EDUCATIONAL QUALIFICATIONS FOR THE PRACTICE OF COUNSELING.

Long title change

Conference report to the 4th edition changed the long title. Previous long title was AN ACT AMENDING THE PROFESSIONAL COUNSELORS ACT TO MODIFY EDUCATIONAL QUALIFICATIONS FOR THE PRACTICE OF COUNSELING AND TO REQUIRE LOCAL BOARDS OF EDUCATION TO ADDRESS SEX TRAFFICKING PREVENTION AND AWARENESS.

Bill History:

S 279/S.L. 2015-279

Bill Summaries:

  • Summary date: Oct 26 2015 - More information

    AN ACT AMENDING THE PROFESSIONAL COUNSELORS ACT TO MODIFY EDUCATIONAL QUALIFICATIONS FOR THE PRACTICE OF COUNSELING AND TO REQUIRE LOCAL BOARDS OF EDUCATION TO ADDRESS SEX TRAFFICKING PREVENTION AND AWARENESS. Enacted October 20, 2015. Sections 1 and 2 are effective October 1, 2015. Section 3 is effective October 20, 2015, and applies beginning with the 2016-17 school year. Section 4 is effective October 20, 2015, and applies beginning with the spring semester of the 2015-16 school year. Section 5 is effective January 1, 2016, and applies beginning with the 2016-17 school year.


  • Summary date: Sep 29 2015 - More information

    Conference report makes the following changes to the 4th edition.

    Amends the short and long titles.

    Amends GS 90-336(b2), concerning educational requirements to be a "licensed professional counselor associate," for applicants that apply for licensure on or after July 1, 2022, providing that the required master's degree in counseling or a related field can come from an institution of higher education accredited by the Council for Accreditation of Counseling and Related Educational Programs or another regional accreditation agency recognized by the Council for Higher Education Accreditation (previously, did not provide for other regional accreditation agency). 

    Amends GS 95-25.1, known as the "Wage and Hour Act,"  adding language that provides that the provisions of the Article supersede and preempt any ordinance or resolution adopted by any municipality or county that regulates compensation, wage levels, hours of labor, payment of wages, benefits, leave, or well-being of minors in the workforce. Sets out exemptions, providing that the local government preemption does not apply to (1) a local government regulating, compensating, or controlling its own employees; (2) economic development incentives awarded under the One North Carolina Fund; (3) any requirements of federal community development block grants; and (4) community development programs and activities by cities or counties. Makes conforming changes to the section's catchline. 

    Amends GS 41A-2, concerning the Fair Housing Act, adding language that provides that the provisions of the Chapter supersede and preempt any ordinance or resolution adopted by any municipality or county that regulates or imposes requirements on businesses concerning housing practices. Sets out exemptions, providing that the local government preemption does not apply to (1) a local government regulating by policy or practice property owned by the local government; (2) any ordinance adopted pursuant to GS 160A-499.2, concerning fair housing ordinances as specified; (3) any requirements of federal community development block grants; and (4) specified urban redevelopment projects.  Makes conforming changes to the section's catchline. 

    Enacts new GS 42-14.5 concerning local government preemption in regards to landlord and tenant law, providing that except as specified, the provisions of GS Chapter 42, Landlord and Tenant, supersede and preempt any ordinance or resolution adopted by any city or county that regulates or imposes requirements on businesses pertaining to the rights and duties of any landlord or tenant. 

    Amends GS 42A-2, concerning the Vacation Rental Act, providing that, except as provided, the provisions of this Chapter supersede and preempt any ordinance or resolution adopted by any city or county that regulates or imposes requirements on businesses pertaining to the rights and duties of any landlord or tenant.

    Amends GS 153A-121, concerning general ordinance-making powers of a county, making clarifying and organizational changes and adding language that provides that counties cannot adopt any ordinance for the regulation or control of the employment practices of nongovernmental businesses located in that county. However, provides that this limitation does not apply to the (1) regulation of sexually oriented businesses; (2) regulation of solicitation campaigns, flea markets, and itinerant merchants; and (3) requirements of federal community development block grants. Also provides that counties cannot adopt ordinances mandating or prohibiting the provision of goods, services, or accommodation to any member of the public by nongovernmental businesses. Specifies certain exemptions to this limitation. 

    Amends GS 160A-174, concerning general ordinance making powers of a city, adding language that provides that cities cannot adopt any ordinance for the regulation or control of the employment practices of nongovernmental businesses located in that city. However, provides that this limitation does not apply to the (1) regulation of sexually oriented businesses; (2) regulation of solicitation campaigns, flea markets, and itinerant merchants; (3) requirements of federal community development block grants; and (4) the regulation of taxis. Also provides that cities cannot adopt ordinances mandating or prohibiting the provision of goods, services, or accommodation to any member of the public by nongovernmental businesses. Specifies certain exemptions to this limitation. 

    All of the above (except changes to GS 90-336) is effective when this act becomes law, provided that any pending enforcement of any ordinance in violation of the above provisions must cease when the act becomes effective. 


  • Summary date: Sep 28 2015 - More information

    The conference report to the 4th edition is to be summarized.


  • Summary date: Sep 16 2015 - More information

    House amendments make the following changes to the 3rd edition.

    Amendment #1 makes the following changes.

    Amends requirements for licensure as a "licensed professional associate" for applicants that apply from March 1, 2016, through June 30, 2022, providing that if the applicant enrolled in one of the specified master's degree programs before July 1, 2013, but after June 30, 2009 (was, before July 1, 2013, but after July 30, 2009), a minimum of 54 semester hours or 81 quarter credit hours is required.

    Amends GS 115C-81(e1)(4) to require that information given in a local school administrative unit's reproductive health and safety education program be based on scientific evidence accepted by professional and credentialed experts in sexual health education, adolescent psychology, behavioral counseling, medicine, human anatomy, biology, ethics, or health education (previously, only required acceptance by professionals and credentialed experts). 

    Amends GS 115C-81(e1)(4a) to provide that the part of instruction in a local school administrative unit's reproductive health and safety education program that teaches about sexually transmitted diseases, FDA-approved contraceptive methods, sexual assault and abuse awareness, and sex trafficking prevention and awareness must be based on scientific research that is peer reviewed and accepted by professionals and credentialed experts in the field of sexual health education (previously, only required that the research be accepted by professionals and credentialed experts). Makes all of Section 4 effective when the bill becomes law, applying beginning with the spring semester of the 2015-16 school year. 

    Provides that effective January 1, 2016, applying to the 2016-17 school year, the part of instruction in a local school administrative unit's reproductive health and safety education program that teaches about sexually transmitted diseases, FDA-approved contraceptive methods, sexual assault and abuse awareness, and sex trafficking prevention and awareness can be based on scientific research that is peer reviewed and accepted by professional and credentialed experts in the field of sexual health education, adolescent psychology, behavioral counseling, medicine, human anatomy, biology, ethics, or health education (previously, only allowed scientific research to be accepted by professional and credentialed experts in sexual health education). 

    Amendment #2 makes the following changes.

    Amends GS 115C-81(e1)(4a) to require that in teaching about sex trafficking prevention and awareness, each local school administrative unit must collaborate with a diverse group of outside consultants when practical (previously, only required collaboration with outside consultants). 


  • Summary date: Sep 15 2015 - More information

    House committee substitute makes the following changes to the 2nd edition. 

    Section 1 creates new requirements for applicants before the Board of Licensed Professional Counselors seeking licensure as "licensed professional counselor associates."

    The committee substitute makes only technical changes to the requirements for an applicant who applies on or before March 1, 2016.

    For an applicant who applies after March 1, 2016, through June 30, 2022, the committee substitute adjusts the requirements pertaining to accreditation for institutes of higher education. For these applicants, a master's degree must come from an institution that is either regionally accredited or accredited by an organization both recognized by the Council for Higher Education Accreditation and accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP).  

    An applicant who applies on or after July 1, 2022, must possess a master's degree from an institution accredited by CACREP. These applicants must have earned a minimum of 60 semester hours or 90 quarter hours of graduate training (for earlier applicants, these numbers vary according to the applicant's date of enrollment) and have passed an exam.

    Section 2 makes a conforming change.

    The above changes are effective October 1, 2015.

    Section 3 requires in GS 115C-81 that materials used in a local school administrative unit's reproductive health and safety education program be accepted by experts (was, experts in the field of sexual health education). 

    Section 4 amends GS 115C-81 to require that a local school administrative unit's reproductive health and safety education program teach about sex trafficking prevention and awareness and requires collaboration with outside experts, including with law enforcement, to develop a referral protocol for high-risk pupils and minors. 

    Sections 3 and 4 apply beginning with the 2016-17 school year. 

    Makes conforming changes. 

    Changes the long title. 


  • Summary date: Apr 2 2015 - More information

    Senate amendment makes the following changes to the 1st edition.

    Deletes the proposed changes to GS 90-336(b) and provides that the Board of Licensed Professional Counselors (Board) must issue a license to be a "licensed professional counselor associate" to an applicant that has earned a specified minimum of credit hours of graduate training as defined, including a master's degree in counseling or a related field from an institution of higher education that is (1) regionally accredited or (2) accredited by an organization recognized by the Council for Higher Education Accreditation. Sets out requirements that a master's program must meet, according to when an applicant enrolled in the master's program. 

    Makes organizational and technical changes.


  • Summary date: Mar 12 2015 - More information

    Amends GS 90-336(b), concerning educational requirements to be a "licensed professional counselor associate," providing that the required master's degree in counseling or a related field can come from a regionally or nationally accredited institution of higher education (previously, only allowed a master's degree from a regionally accredited institution).

    Effective October 1, 2015.


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