Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Paragraph (c) of section 47B of chapter 175 of the General Laws, as amended by section 1 of chapter 8 of the acts of 1996, is hereby further amended by striking out clause (4) and inserting in place thereof the following clause:- (4) consultations or diagnostic or treatment sessions; provided, however, that such services under this clause are rendered by a psychotherapist or by a psychologist or licensed independent clinical social worker licensed under the provisions of chapter one hundred and twelve, or by a mental health counselor licensed under the provisions of said chapter one hundred and twelve, or by a clinical specialist in psychiatric and mental health nursing certified under the provisions of said chapter one hundred and twelve; and provided, further, that such services are within the lawful scope of practice for such certified clinical specialist.

SECTION 2. Paragraph (c) of section 8A of chapter 176A of General Laws, as amended by section 5 of said chapter 8, is hereby further amended by striking out clause (4) and inserting in place thereof the following clause:- (4) consultations or diagnostic treatment sessions; provided, however, that such services under this clause are rendered by a psychotherapist or a psychologist or licensed independent clinical social worker licensed under the provisions of chapter one hundred and twelve, or by a mental health counselor licensed under the provisions of said chapter one hundred and twelve, or by a clinical specialist in psychiatric and mental health nursing certified under the provisions of said chapter one hundred and twelve; and provided, further, that such services are within the lawful scope of practice for such certified clinical specialist. For the purpose of this clause "psychotherapist" shall mean a person fully licensed to practice medicine under the provisions of said chapter one hundred and twelve, who devotes a substantial portion of his time to the practice of psychiatry.

SECTION 3. Paragraph (c) of section 4A of chapter 176B of the General Laws, as amended by section 7 of said chapter 8, is hereby further amended by striking out clause (4) and inserting in place thereof the following clause:- (4) consultations or diagnostic or treatment sessions; provided, however, that such services under this clause are rendered by a psychotherapist, psychologist, a licensed independent clinical social worker, a mental health counselor, or a clinical specialist in psychiatric and mental health nursing when such services are within the lawful scope of practice of such certified clinical specialist; provided, further, that each provider rendering services under this clause agrees in writing with a medical services corporation pursuant to sections four, seven and thirteen to render mental health services for subscribers and covered dependents and to abide by the by-laws, rules and regulations of such corporation; and provided, further, that each provider is licensed under the provisions of chapter one hundred and twelve. For purposes of this clause "psychotherapist" shall mean a person fully licensed to practice medicine under the provisions of said chapter one hundred and twelve, who devotes a substantial portion of his time to the practice of psychiatry.

SECTION 4. The first paragraph of section 4 of chapter 176G of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following sentence:- Coverage for services as set forth in clause (4) of paragraph (c) of section forty-seven B of chapter one hundred and seventy-five rendered by a mental health counselor licensed under the provisions of chapter one hundred and twelve shall be subject to the terms of a negotiated agreement between a health maintenance organization and a mental health counselor.