[Section effective until June 30, 2026. For section effective July 1, 2026, see below.]

In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:

1. (1) Grant permission to a person to use the title of "licensed mental health counselor" or a description indicating one is a licensed mental health counselor in this State pursuant to this chapter and the rules adopted pursuant thereto;
2. (2) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;
3. (3) Administer, coordinate, and enforce this chapter;
4. (4) Discipline a licensed mental health counselor for any due cause described by this chapter or violation of the rules;
5. (5) Refuse to license a person for failure to meet licensing requirements or on grounds sufficient to discipline a licensed mental health counselor; and
6. (6) Appoint an advisory committee consisting of licensed mental health counselors and members of the public to assist with the implementation of this chapter and adopted rules; provided that the initial members of the committee who are mental health counselors shall not be required to be licensed pursuant to this chapter.

[L 2004, c 209, pt of §2; am L 2008, c 206, §1]

§453D-3 Powers and duties of the director.

[Section effective July 1, 2026. For section effective until June 30, 2026, see above.]

In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:

1. (1) Grant permission to a person to use the title of "licensed mental health counselor" or "licensed associate mental health counselor" or a description indicating one is a licensed mental health counselor or licensed associate mental health counselor in this State pursuant to this chapter and the rules adopted pursuant thereto;
2. (2) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;
3. (3) Administer, coordinate, and enforce this chapter;
4. (4) Discipline a licensed mental health counselor or licensed associate mental health counselor for any due cause described by this chapter or violation of the rules;
5. (5) Refuse to license a person for failure to meet licensing requirements or on grounds sufficient to discipline a licensed mental health counselor or licensed associate mental health counselor; and
6. (6) Appoint an advisory committee consisting of licensed mental health counselors and members of the public to assist with the implementation of this chapter and adopted rules; provided that the initial members of the committee who are mental health counselors shall not be required to be licensed pursuant to this chapter.

[L 2004, c 209, pt of §2; am L 2008, c 206, §1; am L 2024, c 93, §13]