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An Act To Increase the Amount of Time School Counselors and Social Workers Spend Providing Students Direct and Indirect Counseling
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §4008, as amended by PL 1989, c. 396, §§1 to 3, is further amended to read:
§ 4008.School counselors and school social workers
 
1. Definitions.   As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
 
A. "Client" means a person who has actively sought or is in the process of seeking professional help from a school counselor or school social worker.
 
A-1.  "Direct services" means in-person interactions between a school counselor or school social worker and students, including, but not limited to, delivering the school guidance curriculum, guiding individual student planning and providing responsive services.
 
A-2.  "Indirect services" means services provided by a school counselor or school social worker on behalf of students as a result of a school counselor's or school social worker's interactions with the students and others, including, but not limited to, providing referrals for additional assistance and consultation and collaboration with parents, teachers and other educators.
 
B. "School counselor" means a person who is employed as a school counselor in a school setting and who:
 
(1) Is certified as a school counselor by the department; or
 
(2) Possesses a minimum of a master's degree in an approved program in guidance and counseling.
 
C. "School social worker" means a person who is employed as a school social worker in a school setting and who:
 
(1) Is licensed as a social worker by the State Board of Social Worker Licensure; or
 
(2) Possesses a bachelor's degree and has been granted a conditional license from the State Board of Social Worker Licensure.
 
2. Privileged communication.   A school counselor or school social worker may not be required, except as provided by this sectionsubsection 3, to divulge or release information gathered during a counseling relation with a client or with the parent, the guardian or a person or agency having legal custody of a minor client. A counseling relation and the information resulting from it shallmust be kept confidential consistent with the professional obligations of the counselor or social worker.
 
3. Exceptions.   This section shall not apply to the extent that disclosure of informationNotwithstanding subsection 2, a school counselor or school social worker may be required to disclose information that is necessary:
 
A. To comply with Title 22, chapter 1071; andor
 
B. To report to an appropriate authority or to take an appropriate emergency measure when:
 
(1) The client's condition requires others to assume responsibility for the client; or
 
(2) There is clear and imminent danger to the client or others.
 
4.  Direct and indirect services to students.     Each school counselor and school social worker shall deliver a comprehensive school counseling program in which the school counselor or school social worker spends at least 80% of the school counselor's or school social worker's time providing direct services or indirect services to students. The commissioner shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill requires each school counselor and school social worker to spend at least 80% of that counselor's or social worker's time providing direct or indirect services to students and requires the Commissioner of Education to adopt rules to implement this provision.