SENATORS Harris, Carnes, Robert Gardner

To amend sections 125.22, 3793.07, 4743.05, 4745.01,

1

and 4757.41; to enact sections 4758.01, 4758.02 to

2

4758.04, 4758.06, 4758.10 to 4758.13, 4758.15 to

3

4758.18, 4758.20 to 4758.32, 4758.35, 4758.36,

4

4758.40 to 4758.45, 4758.50, 4758.51, 4758.53,

5

4758.55 to 4758.61, 4758.70, 4758.71, and 4758.99

6

of the Revised Code; to repeal Sections 6 and 7 of

7

Am. Sub. S.B. 172 of the 123rd General Assembly;

8

and to repeal Section 8 of Am. Sub. S.B. 172 of the

9

123rd General Assembly, as subsequently amended, to

10

create the Chemical Dependency Professionals Board,

11

to require licensure or certification of chemical

12

dependency counselors, to authorize the

13

certification of alcohol and other drug prevention

14

specialists, and to make an appropriation.

15

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 125.22, 3793.07, 4743.05, 4745.01,	16
and 4757.41 be amended and sections 4758.01, 4758.02, 4758.03,	17
4758.04, 4758.06, 4758.10, 4758.11, 4758.12, 4758.13, 4758.15,	18
4758.16, 4758.17, 4758.18, 4758.20, 4758.21, 4758.22, 4758.23,	19
4758.24, 4758.25, 4758.26, 4758.27, 4758.28, 4758.29, 4758.30,	20
4758.31, 4758.32, 4758.35, 4758.36, 4758.40, 4758.41, 4758.42,	21
4758.43, 4758.44, 4758.45, 4758.50, 4758.51, 4758.53, 4758.55,	22
4758.56, 4758.57, 4758.58, 4758.59, 4758.60, 4758.61, 4758.70,	23
4758.71, and 4758.99 of the Revised Code be enacted to read as	24
follows:	25

Sec. 125.22.  (A) The department of administrative services	26
shall establish the central service agency to perform routine	27
support for the following boards and commissions:	28

(1) State board of examiners of architects;

29

(2) Barber board;

30

(3) State chiropractic board;

31

(4) State board of cosmetology;

32

(5) Accountancy board;

33

(6) State dental board;

34

(7) State board of optometry;

35

(8) Ohio occupational therapy, physical therapy, and	36
athletic trainers board;	37

(9) State board of registration for professional engineers	38
and surveyors;	39

(10) State board of sanitarian registration;

40

(11) Board of embalmers and funeral directors;

41

(12) State board of psychology;

42

(13) Ohio optical dispensers board;

43

(14) Board of speech pathology and audiology;

44

(15) Counselor and social worker board;

45

(16) State veterinary medical licensing board;

46

(17) Ohio board of dietetics;

47

(18) Commission on Hispanic-Latino affairs;

48

(19) Ohio respiratory care board;

49

(20) Ohio commission on African-American males;

50

(21) Chemical dependency professionals board.

51

(B)(1) Notwithstanding any other section of the Revised	52
Code, the agency shall perform the following routine support	53
services for the boards and commissions named in division (A) of	54
this section unless the controlling board exempts a board or	55
commission from this requirement on the recommendation of the	56
director of administrative services:	57

(a) Preparing and processing payroll and other personnel	58
documents;	59

(b) Preparing and processing vouchers, purchase orders,	60
encumbrances, and other accounting documents;	61

(c) Maintaining ledgers of accounts and balances;

62

(d) Preparing and monitoring budgets and allotment plans in	63
consultation with the boards and commissions;	64

(e) Other routine support services that the director of	65
administrative services considers appropriate to achieve	66
efficiency.	67

(2) The agency may perform other services which a board or	68
commission named in division (A) of this section delegates to the	69
agency and the agency accepts.	70

(3) The agency may perform any service for any professional	71
or occupational licensing board not named in division (A) of this	72
section or any commission if the board or commission requests such	73
service and the agency accepts.	74

(C) The director of administrative services shall be the	75
appointing authority for the agency.	76

(D) The agency shall determine the fees to be charged to the	77
boards and commissions, which shall be in proportion to the	78
services performed for each board or commission.	79

(E) Each board or commission named in division (A) of this	80
section and any other board or commission requesting services from	81
the agency shall pay these fees to the agency from the general	82
revenue fund maintenance account of the board or commission or	83
from such other fund as the operating expenses of the board or	84
commission are paid. Any amounts set aside for a fiscal year by a	85
board or commission to allow for the payment of fees shall be used	86
only for the services performed by the agency in that fiscal year.	87
All receipts collected by the agency shall be deposited in the	88
state treasury to the credit of the central service agency fund,	89
which is hereby created. All expenses incurred by the agency in	90
performing services for the boards or commissions shall be paid	91
from the fund.	92

(F) Nothing in this section shall be construed as a grant of	93
authority for the central service agency to initiate or deny	94
personnel or fiscal actions for the boards and commissions.	95

Sec. 3793.07.  (A) As used in this section:

96

(1) "Medicare program" means the program established under	97
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	98
U.S.C. 301, as amended;	99

(2) "Medicaid program" means the program established under	100
Title XIX of the "Social Security Act."	101

(B) TheExcept as provided in division (D) of this section,	102
the department of alcohol and drug addiction services shall	103
establish and administer a process for the certification or	104
credentialing of chemical dependency professionalscounselors and	105
alcohol and other drug prevention specialists for the purpose of	106
qualifying thetheir services provided by chemical dependency	107
professionals for reimbursement under the medicare or medicaid	108
program. The process shall be made available to any individual	109
who is a member of the profession of alcoholism counseling, drug	110
abuse counseling, or chemical dependency counseling, or any	111
individual who is an alcoholism oralcohol and other drug abuse	112
prevention consultant or specialist. Nothing in this section	113
shall be construed as requiring such certification or credentials	114
for services that are not reimbursed by medicare or medicaid.	115

The department shall cease to administer its process for the	116
certification or credentialing of chemical dependency counselors	117
and alcohol and other drug prevention specialists under this	118
section at the earlier of the following:	119

(1) The date, which shall be specified in an agreement	120
between the department and chemical dependency professionals	121
board, on which the board is to assume, under Chapter 4758. of the	122
Revised Code, the department's certification duties;	123

(2) Two years after the effective date of this amendment.

124

(C) The department shall adopt rules in accordance with	125
Chapter 119. of the Revised Code establishing standards and	126
procedures for the certification or credentialing process. The	127
rules shall include the following:	128

(1) Eligibility requirements;

129

(2) Application procedures;

130

(3) Minimum educational and clinical training requirements	131
that must be met for initial certification or credentialing;	132

(4) Continuing education and training requirements for	133
certified or credentialed individuals;	134

(5) Application and renewal fees that do not exceed the cost	135
incurred by the department in implementing and administering the	136
process;	137

(6) Administration or approval of examinations;

138

(7) Investigation of complaints and alleged violations of	139
this section;	140

(8) Maintenance of the confidentiality of the department's	141
investigative records;	142

(9) Disciplinary actions, including application denial and	143
suspension or revocation of certification or credentials;	144

(10) Any other rules the department considers necessary to	145
establish or administer the certification or credentialing	146
process.	147

(D)(1) Except as provided in division (D)(2) of this section,	148
the department shall not issue an initial certificate or	149
credential to practice as a chemical dependency counselor I, but	150
may renew such a certificate or credential issued prior to the	151
effective date of this amendment or pursuant to division (D)(2) of	152
this section until the department ceases to administer the	153
certification and credentialing process under this section.	154

(2) The department may issue an initial certificate or	155
credential to practice as a chemical dependency counselor I to an	156
individual if the individual submitted the application for	157
certification or credentials to the department prior to the	158
effective date of this amendment.	159

(E) The department shall investigate alleged violations of	160
this section or the rules adopted under it. As part of its	161
investigation, the department may issue subpoenas, examine	162
witnesses, and administer oaths. The department shall ensure that	163
all records it holds pertaining to an investigation remain	164
confidential.	165

(E)(F) With respect to hearings conducted by the department	166
as part of the certification or credentialing process, both of the	167
following apply:	168

(1) An individual whose application for certification or	169
credentials issued under this section has been denied by the	170
department may request a hearing in accordance with Chapter 119.	171
of the Revised Code and the rules adopted under this section.	172

(2) The department may appoint a referee or hearing examiner	173
to conduct the proceedings and make recommendations to the	174
department as appropriate.	175

(F)(G) The department shall maintain a record of all fees	176
collected under this section. All fees collected shall be paid	177
into the state treasury to the credit of the credentialing fund,	178
which is hereby created. Money credited to the fund shall be used	179
solely to pay the costs of establishing and administering the	180
process for certification or credentialing of chemical dependency	181
professionals under this section.	182

(G) CertificationsMoney credited to the credentialing fund	183
under this section shall be transferred to the occupational	184
licensing and regulatory fund created under section 4743.05 of the	185
Revised Code at the earlier of the following:	186

(1) The date, which shall be specified in an agreement	187
between the department and chemical dependency professionals	188
board, on which the board is to assume, under Chapter 4758. of the	189
Revised Code, the department's certification duties;	190

(2) Two years after the effective date of this amendment.

191

(H) Certifications made and credentials issued by the Ohio	192
credentialing board for chemical dependency professionals prior to	193
the date the department establishes its certification or	194
credentialing process under this section shall continue to be	195
accepted by the department until, with respect to any particular	196
individual, one of the following occurs:	197

(1) The individual's certification or credentials from the	198
board have expired.	199

(2) The individual's certification or credentials from the	200
board would be suspended or revoked by the department if the	201
certification or credentials had been issued by the department	202
under this section.	203

Sec. 4743.05.  Except as otherwise provided in sections	204
4701.20 and 4729.65 of the Revised Code, all money collected under	205
Chapters 3773., 4701., 4703., 4709., 4713., 4715., 4717., 4723.,	206
4725., 4729., 4732., 4733., 4734., 4736., 4741., 4753., 4755.,	207
4757., 4758., 4759., and 4761. of the Revised Code, and until	208
December 31, 2004, money collected under Chapter 4779. of the	209
Revised Code, shall be paid into the state treasury to the credit	210
of the occupational licensing and regulatory fund, which is hereby	211
created for use in administering such chapters.	212

At the end of each quarter, the director of budget and	213
management shall transfer from the occupational licensing and	214
regulatory fund to the nurse education assistance fund created in	215
section 3333.28 of the Revised Code the amount certified to the	216
director under division (B) of section 4723.08 of the Revised	217
Code.	218

At the end of each quarter, the director shall transfer from	219
the occupational licensing and regulatory fund to the certified	220
public accountant education assistance fund created in section	221
4701.26 of the Revised Code the amount certified to the director	222
under division (H)(2) of section 4701.10 of the Revised Code.	223

Sec. 4745.01.  (A) "Standard renewal procedure," as used in	224
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,	225
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3731., 3742.,	226
3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169.,	227
4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,	228
4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,	229
4747., 4749., 4753., 4755., 4757., 4758., 4759., 4761., 4766.,	230
4773., and 4775. of the Revised Code, means the license renewal	231
procedures specified in this chapter.	232

(B) "Licensing agency," as used in this chapter, means any	233
department, division, board, section of a board, or other state	234
governmental unit subject to the standard renewal procedure, as	235
defined in this section, and authorized by the Revised Code to	236
issue a license to engage in a specific profession, occupation, or	237
occupational activity, or to have charge of and operate certain	238
specified equipment, machinery, or premises.	239

(C) "License," as used in this chapter, means a license,	240
certificate, permit, card, or other authority issued or conferred	241
by a licensing agency by authority of which the licensee has or	242
claims the privilege to engage in the profession, occupation, or	243
occupational activity, or to have control of and operate certain	244
specific equipment, machinery, or premises, over which the	245
licensing agency has jurisdiction.	246

(D) "Licensee," as used in this chapter, means either the	247
person to whom the license is issued or renewed by a licensing	248
agency, or the person, partnership, or corporation at whose	249
request the license is issued or renewed.	250

(E) "Renewal" and "renewed," as used in this chapter and in	251
the chapters of the Revised Code specified in division (A) of this	252
section, includes the continuing licensing procedure provided in	253
Chapter 3748. of the Revised Code and rules adopted under it and	254
in sections 1321.05 and 3921.33 of the Revised Code, and as	255
applied to those continuing licenses any reference in this chapter	256
to the date of expiration of any license shall be construed to	257
mean the due date of the annual or other fee for the continuing	258
license.	259

Sec. 4757.41.  (A) This chapter shall not apply to the	260
following:	261

(1) A person certified by the state board of education under	262
Chapter 3319. of the Revised Code while performing any services	263
within the person's scope of employment by a board of education or	264
by a private school meeting the standards prescribed by the state	265
board of education under division (D) of section 3301.07 of the	266
Revised Code or in a program operated under Chapter 5126. of the	267
Revised Code for training individuals with mental retardation or	268
other developmental disabilities;	269

(2) Psychologists or school psychologists licensed under	270
Chapter 4732. of the Revised Code;	271

(3) Members of other professions licensed, certified, or	272
registered by this state while performing services within the	273
recognized scope, standards, and ethics of their respective	274
professions;	275

(4) Rabbis, priests, Christian science practitioners,	276
clergy, or members of religious orders and other individuals	277
participating with them in pastoral counseling when the counseling	278
activities are within the scope of the performance of their	279
regular or specialized ministerial duties and are performed under	280
the auspices or sponsorship of an established and legally	281
cognizable church, denomination, or sect or an integrated	282
auxiliary of a church as defined in federal tax regulations,	283
paragraph (g)(5) of 26 C.F.R. 1.6033-2 (1995), and when the	284
individual rendering the service remains accountable to the	285
established authority of that church, denomination, sect, or	286
integrated auxiliary;	287

(5) Any person employed in the civil service as defined in	288
section 124.01 of the Revised Code while engaging in social work	289
or professional counseling as a civil service employee;	290

(6) A student in an accredited educational institution while	291
carrying out activities that are part of the student's prescribed	292
course of study if the activities are supervised as required by	293
the educational institution and if the student does not hold	294
herself or himself out as a person licensed or registered under	295
this chapter;	296

(7) IndividualsUntil two years after the date the department	297
of alcohol and drug addiction services ceases to administer its	298
process for the certification or credentialing of chemical	299
dependency counselors and alcohol and other drug prevention	300
specialists under section 3793.07 of the Revised Code, as	301
specified in division (B) of that section, or in the case of an	302
individual who has the expiration date of the individual's	303
certificate or credentials delayed under section 4758.04 of the	304
Revised Code, until the date of the delayed expiration,	305
individuals with certification or credentials accepted by the	306
department of alcohol and drug addiction services under that	307
section 3793.07 of the Revised Code who are acting within the	308
scope of their certification or credentials as members of the	309
profession of alcoholism counseling, drug abuse counseling, or	310
chemical dependency counseling, or as alcoholism oralcohol and	311
other drug abuse prevention consultants or specialists;	312

(8) Individuals who hold a license or certificate under	313
Chapter 4758. of the Revised Code who are acting within the scope	314
of their license or certificate as members of the profession of	315
chemical dependency counseling or alcohol and other drug	316
prevention services;	317

(9) Any person employed by the American red cross while	318
engaging in activities relating to services for military families	319
and veterans and disaster relief, as described in the "American	320
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	321
amended;	322

(9)(10) Members of labor organizations who hold union	323
counselor certificates while performing services in their official	324
capacity as union counselors;	325

(10)(11) Any person employed in a hospital as defined in	326
section 3727.01 of the Revised Code or in a nursing home as	327
defined in section 3721.01 of the Revised Code while providing as	328
a hospital employee or nursing home employee, respectively, social	329
services other than counseling and the use of psychosocial	330
interventions and social psychotherapy.	331

(B) Divisions (A)(5), (8)(9), and (10)(11) of this section	332
do not prevent a person described in those divisions from	333
obtaining a license or certificate of registration under this	334
chapter.	335

Sec. 4758.01. As used in this chapter:

336

(A) "Accredited educational institution" means an	337
educational institution accredited by an accrediting agency	338
accepted by the Ohio board of regents.	339

(B)(1) "Alcohol and other drug clinical counseling	340
principles, methods, or procedures" means an approach to chemical	341
dependency counseling that emphasizes the chemical dependency	342
counselor's role in systematically assisting clients through all	343
of the following:	344

(a) Analyzing background and current information;

345

(b) Exploring possible solutions;

346

(c) Developing and providing a treatment plan;

347

(d) In the case of an independent chemical dependency	348
counselor or chemical dependency counselor III only, diagnosing	349
chemical dependency conditions.	350

(2) "Alcohol and other drug clinical counseling principles,	351
methods, or procedures" includes counseling, assessing,	352
consulting, and referral as they relate to chemical dependency	353
conditions.	354

(C) "Alcohol and other drug prevention services" means a	355
planned process of strategies and activities designed to preclude	356
the onset of the use of alcohol and other drugs, reduce	357
problematic use of alcohol and other drugs, or both.	358

(D) "Chemical dependency conditions" means those conditions	359
relating to the abuse of or dependency on alcohol or other drugs	360
that are classified in accepted nosologies, including the	361
diagnostic and statistical manual of mental disorders and the	362
international classification of diseases, and in editions of those	363
nosologies published after the effective date of this section.	364

(E) "Chemical dependency counseling" means rendering or	365
offering to render to individuals, groups, or the public a	366
counseling service involving the application of alcohol and other	367
drug clinical counseling principles, methods, or procedures to	368
assist individuals who are abusing or dependent on alcohol or	369
other drugs.	370

(F) "Scope of practice" means the services, methods, and	371
techniques in which and the areas for which a person who holds a	372
license or certificate under this chapter is trained and	373
qualified.	374

Sec. 4758.02. (A) Effective two years after the date the	375
department of alcohol and drug addiction services ceases to	376
administer its certification and credentialing process under	377
section 3793.07 of the Revised Code as specified in division (B)	378
of that section and except as provided in sections 4758.03 and	379
4758.04 of the Revised Code, no person shall do any of the	380
following:	381

(1) Engage in or represent to the public that the person	382
engages in chemical dependency counseling for a fee, salary, or	383
other consideration unless the person holds a valid independent	384
chemical dependency counselor license, chemical dependency	385
counselor III license, chemical dependency counselor II license,	386
chemical dependency counselor I certificate, or chemical	387
dependency counselor assistant certificate issued under this	388
chapter;	389

(2) Use the title "licensed independent chemical dependency	390
counselor," "LICDC," "licensed chemical dependency counselor III,"	391
"LCDC III," "licensed chemical dependency counselor II," "LCDC	392
II," "certified chemical dependency counselor I," "CCDC I,"	393
"chemical dependency counselor assistant," "CDCA," or any other	394
title or description incorporating the word "chemical dependency	395
counselor" or any other initials used to identify persons acting	396
in those capacities unless currently authorized under this chapter	397
to act in the capacity indicated by the title or initials;	398

(3) Represent to the public that the person is a registered	399
applicant unless the person holds a valid registered applicant	400
certificate issued under this chapter;	401

(4) Use the title "certified prevention specialist II,"	402
"CPS II," "certified prevention specialist I," "CPS I,"	403
"registered applicant," or any other title, description, or	404
initials used to identify persons acting in those capacities	405
unless currently authorized under this chapter to act in the	406
capacity indicated by the title or initials.	407

(B) Effective six years after the effective date of this	408
section, no person shall engage in or represent to the public that	409
the person engages in chemical dependency counseling as a chemical	410
dependency counselor I.	411

Sec. 4758.03. Division (A) of section 4758.02 of the Revised	412
Code does not apply to any of the following:	413

(A) An individual who holds a valid license, registration,	414
certificate, or credentials issued under another chapter of the	415
Revised Code while performing services within the recognized	416
scope, standards, and ethics of the individual's profession;	417

(B) An individual who is a rabbi, priest, Christian Science	418
practitioner, clergy, or member of a religious order and other	419
individuals participating with them in pastoral counseling when	420
the chemical dependency counseling activities are within the scope	421
of the performance of their regular or specialized ministerial	422
duties and are performed under the auspices or sponsorship of an	423
established and legally cognizable church, denomination, or sect	424
or an integrated auxiliary of a church as defined in paragraph (h)	425
of 26 Code of Federal Regulations 1.6033-2 (2000) as amended, and	426
the individual rendering the service remains accountable to the	427
established authority of that church, denomination, sect, or	428
integrated auxiliary;	429

(C) A student in an accredited educational institution	430
while carrying out activities that are part of the student's	431
prescribed course of study if the activities are supervised as	432
required by the educational institution and the student is not	433
represented as an individual who holds a license or certificate	434
issued under this chapter.	435

Sec. 4758.04. After the date the department of alcohol and	436
drug addiction services ceases to administer its certification and	437
credentialing process under section 3793.07 of the Revised Code as	438
specified in division (B) of that section, an individual who	439
holds, on the effective date of this section, a valid certificate	440
or credentials that are accepted under section 3793.07 of the	441
Revised Code as authority to practice as a chemical dependency	442
counselor or alcohol and other drug prevention specialist may	443
apply to the chemical dependency professionals board for the board	444
to delay the expiration date of the individual's certificate or	445
credentials. If the board determines that there is good cause for	446
delaying the expiration date, the board may delay the expiration	447
date until a date the board specifies. The date the board	448
specifies shall not be later than the date that is three years	449
after the effective date of the board's initial rules adopted	450
under section 4758.20 of the Revised Code.	451

An individual who has the expiration date of the	452
individual's certificate or credentials delayed under this section	453
may perform services within the scope, standards, and ethics of	454
the certificate or credentials until the date of the delayed	455
expiration date.	456

Sec. 4758.06. No individual who holds or has held a license	457
or certificate issued under this chapter shall disclose any	458
information regarding the identity, diagnosis, or treatment of any	459
of the individual's clients or consumers except for the purposes	460
and under the circumstances expressly authorized by 42 U.S.C.A.	461
290dd-2, regulations promulgated pursuant to that federal law,	462
other federal law enacted after the effective date of this section	463
to replace 42 U.S.C.A. 290dd-2, or regulations promulgated under	464
the replacement federal law. The prohibition of this section	465
applies whether or not the information is recorded.	466

Sec. 4758.10. (A) There is hereby created the chemical	467
dependency professionals board.	468

(B) The governor shall appoint all of the following	469
voting members of the board with the advice and consent of the	470
senate:	471

(1) Four individuals who hold a valid independent chemical	472
dependency counselor license issued under this chapter, including	473
at least two of whom have received at least a master's degree in a	474
field related to chemical dependency counseling from an accredited	475
educational institution;	476

(2) Two individuals who hold a valid chemical dependency	477
counselor III license issued under this chapter;	478

(3) One individual who holds a valid chemical dependency	479
counselor II license issued under this chapter;	480

(4) Two individuals who hold a valid prevention specialist	481
II certificate or prevention specialist I certificate issued under	482
this chapter;	483

(5) One individual who is authorized under Chapter 4731. of	484
the Revised Code to practice medicine and surgery or osteopathic	485
medicine and surgery and has experience practicing in a field	486
related to chemical dependency counseling;	487

(6) Two individuals who represent the public and have not	488
practiced chemical dependency counseling or alcohol and other drug	489
prevention services and have not been involved in the delivery of	490
chemical dependency counseling services or alcohol and other drug	491
prevention services. At least one of these individuals shall be	492
at least sixty years of age. During their terms, the public	493
members shall not practice chemical dependency counseling or	494
alcohol and other drug prevention services or be involved in the	495
delivery of chemical dependency counseling services or alcohol and	496
other drug prevention services.	497

(C) Not later than ninety days after the effective date of	498
this section, the director of alcohol and drug addiction services	499
shall appoint an individual who represents the department of	500
alcohol and drug addiction services to serve as an ex officio	501
member of the chemical dependency professionals board.	502

(D) Not more than one-half of the voting members of the	503
board may be of the same gender or members of the same political	504
party. At least two voting members of the board shall be of	505
African, Native American, Hispanic, or Asian descent.	506

Sec. 4758.11. Of the initial appointees to the chemical	507
dependency professionals board appointed by the governor under	508
division (B) of section 4758.10 of the Revised Code, four shall be	509
appointed for terms ending one year after the effective date of	510
this section, four shall be appointed for terms ending two years	511
after the effective date of this section, and four shall be	512
appointed for terms ending three years after the effective date of	513
this section. After the initial appointments, terms of office	514
shall be three years, each term ending on the same day of the same	515
month of the year as the term it succeeds.	516

A voting member of the board shall hold office from the date	517
of appointment until the end of the term for which the member was	518
appointed. A voting member appointed to fill a vacancy occurring	519
prior to the expiration of the term for which the member's	520
predecessor was appointed shall hold office for the remainder of	521
that term. A voting member shall continue in office after the	522
expiration date of the member's term until the member's successor	523
takes office or until a period of sixty days has elapsed,	524
whichever occurs first. Voting members may be reappointed, except	525
that an individual who has held office for two consecutive full	526
terms shall not be reappointed sooner than one year after the	527
expiration of the second full term.	528

The ex officio member of the board appointed by the director	529
of alcohol and drug addiction services under division (C) of	530
section 4758.10 of the Revised Code shall serve at the pleasure of	531
the director.	532

Sec. 4758.12. The voting members of the chemical dependency	533
professionals board shall receive an amount fixed under division	534
(J) of section 124.15 of the Revised Code for each day employed in	535
the discharge of their official duties as board members and shall	536
be reimbursed for their necessary and actual expenses incurred in	537
the performance of their official duties.	538

Sec. 4758.13. The chemical dependency professionals board	539
shall meet to discuss matters relating to the administration and	540
operation of the board and the regulation of the practices of	541
chemical dependency counseling and alcohol and other drug	542
prevention services. The board shall hold at least one regular	543
meeting every three months. Additional meetings may be held at	544
such times as the board determines, on the call of the	545
chairperson, or on the written request to the executive director	546
of three or more voting board members. If three or more voting	547
members request a meeting, the executive director shall call a	548
meeting, which shall be held not later than seven days after the	549
request is received.	550

Seven voting members of the board constitute a quorum to	551
conduct business. Except as provided in section 4758.32 of the	552
Revised Code, no action shall be taken without the concurrence of	553
at least a quorum.	554

At its first meeting each year, the board shall elect a	555
chairperson from among its voting members. No member shall serve	556
more than two consecutive terms as chairperson.	557

The board shall keep any records and minutes necessary to	558
fulfill the duties established by this chapter and rules adopted	559
under it.	560

Sec. 4758.15. The chemical dependency professionals board	561
shall employ an executive director. The board may employ and	562
prescribe the powers and duties of employees and consultants as	563
are necessary for it to carry out the board's duties under this	564
chapter and the rules adopted under it.	565

Sec. 4758.16. The chemical dependency professionals board	566
shall not discriminate against any licensee, certificate holder,	567
or applicant for a license or certificate under this chapter	568
because of the individual's race, color, religion, gender,	569
national origin, disability as defined in section 4112.01 of the	570
Revised Code, or age. The board shall afford a hearing to any	571
individual who files with the board a statement alleging	572
discrimination based on any of those reasons.	573

Sec. 4758.17. The chemical dependency professionals board	574
shall adopt a seal to authenticate its records and proceedings.	575

A statement, signed by the executive director of the board	576
to which is affixed the official seal of the board, to the effect	577
that an individual specified in the statement does not currently	578
hold a license or certificate under this chapter or that a license	579
or certificate issued by the board under this chapter has been	580
revoked or suspended, shall be received as prima-facie evidence of	581
a record of the board in any court or before any officer of the	582
state.	583

Sec. 4758.18. The chemical dependency professionals board	584
shall include the board's address and telephone number on each	585
license and certificate it issues under this chapter.	586

Sec. 4758.20. (A) The chemical dependency professionals	587
board shall adopt rules to establish, specify, or provide for all	588
of the following:	589

(1) Fees for the purposes authorized by section 4758.21 of	590
the Revised Code;	591

(2) For the purpose of section 4758.23 of the Revised Code,	592
codes of ethical practice and professional conduct for individuals	593
who hold a license or certificate issued under this chapter;	594

(3) For the purpose of section 4758.24 of the Revised Code,	595
all of the following:	596

(a) Good moral character requirements for an individual who	597
seeks or holds a license or certificate issued under this chapter;	598

(b) The documents that an individual seeking such a license	599
or certificate must submit to the board;	600

(c) Requirements to obtain the license or certificate that	601
are in addition to the requirements established under sections	602
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, and 4758.45 of the	603
Revised Code. The additional requirements may include	604
preceptorships.	605

(4) Procedures for renewal of a chemical dependency	606
counselor I license under section 4758.27 of the Revised Code;	607

(5) For the purpose of section 4758.28 of the Revised Code,	608
requirements for approval of continuing education courses of study	609
for individuals who hold a license or certificate issued under	610
this chapter;	611

(6) For the purpose of section 4758.30 of the Revised Code,	612
the intervention for and treatment of an individual holding a	613
license or certificate issued under this chapter whose abilities	614
to practice are impaired due to abuse of or dependency on alcohol	615
or other drugs or other physical or mental condition;	616

(7) Requirements governing reinstatement of a suspended or	617
revoked license or certificate under division (B) of section	618
4758.30 of the Revised Code, including requirements for	619
determining the amount of time an individual must wait to apply	620
for reinstatement;	621

(8) For the purpose of section 4758.31 of the Revised Code,	622
methods of ensuring that all records the board holds pertaining to	623
an investigation remain confidential during the investigation;	624

(9) Criteria for employees of the board to follow when	625
performing their duties under division (B) of section 4758.35 of	626
the Revised Code;	627

(10) For the purpose of division (A)(1) of section 4758.40	628
of the Revised Code, course requirements for a master's degree in	629
behavioral sciences that shall, at a minimum, include at least	630
sixty quarter hours, or the equivalent number of semester hours,	631
in all of the following courses:	632

(a) Theories of counseling and psychotherapy;

633

(b) Counseling procedures;

634

(c) Group process and techniques;

635

(d) Relationship therapy;

636

(e) Research methods and statistics;

637

(f) Fundamentals of assessment and diagnosis, including	638
measurement and appraisal;	639

(g) Psychopathology;

640

(h) Human development;

641

(i) Cultural competence in counseling;

642

(j) Ethics.

643

(11) For the purpose of division (A)(3) of section 4758.40,	644
division (A)(3) of section 4758.41, and division (A)(3) of section	645
4758.42, training requirements for chemical dependency that shall,	646
at a minimum, include qualifications for the individuals who	647
provide the training and instruction in all of the following	648
courses:	649

(a) Theories of addiction;

650

(b) Counseling procedures and strategies with addicted	651
populations;	652

(c) Group process and techniques working with addicted	653
populations;	654

(d) Assessment and diagnosis of addiction;

655

(e) Relationship counseling with addicted populations;

656

(f) Pharmacology;

657

(g) Prevention strategies;

658

(h) Treatment planning;

659

(i) Legal and ethical issues.

660

(12) For the purpose of division (B)(2)(b) of section	661
4758.40 and division (B)(2) of section 4758.41 of the Revised	662
Code, requirements for the forty clock hours of training on the	663
version of the diagnostic and statistical manual of mental	664
disorders that is current at the time of the training, including	665
the number of the clock hours that must be on substance-related	666
disorders and the number of the clock hours that must be on	667
awareness of other mental and emotional disorders;	668

(13) For the purpose of division (A)(1) of section 4758.41	669
of the Revised Code, course requirements for a bachelor's degree	670
in behavioral sciences;	671

(14) For the purpose of division (A) of section 4758.43 of	672
the Revised Code, training requirements for chemical dependency	673
counseling that shall, at a minimum, include qualifications for	674
the individuals who provide the training and instruction in one or	675
more of the courses listed in division (A)(11) of this section as	676
selected by the individual seeking the chemical dependency	677
counselor assistant certificate;	678

(15) For the purpose of division (A)(3) of section 4758.44,	679
division (A)(3) of section 4758.45, and division (A)(2) of section	680
4758.53 of the Revised Code, requirements for prevention-related	681
education;	682

(16) For the purpose of section 4758.51 of the Revised	683
Code, continuing education requirements for individuals who hold a	684
license or certificate issued under this chapter;	685

(17) For the purpose of section 4758.51 of the Revised	686
Code, the number of hours of continuing education that an	687
individual must complete to have an expired license or certificate	688
restored under section 4758.26 of the Revised Code;	689

(18) For the purpose of section 4758.53 of the Revised	690
Code, the requirements an individual holding a registered	691
applicant certificate must complete to take an examination	692
administered pursuant to section 4758.22 of the Revised Code to	693
obtain a prevention specialist II certificate or prevention	694
specialist I certificate and the documentation the individual	695
must submit to the board showing that the individual has completed	696
the requirements;	697

(19) The method of determining the amount of time an	698
individual must wait to apply to the board for a new registered	699
applicant certificate under division (B) of section 4758.53 of the	700
Revised Code;	701

(20) The duties of an independent chemical dependency	702
counselor licensed under this chapter who supervises a chemical	703
dependency counselor III under section 4758.56, independent	704
chemical dependency counselor or chemical dependency counselor III	705
licensed under this chapter who supervises a chemical dependency	706
counselor assistant under section 4758.59, or prevention	707
specialist II or prevention specialist I certified under this	708
chapter who supervises a registered applicant under section	709
4758.61 of the Revised Code. The duties may differ.	710

(21) Anything else necessary to administer this chapter.

711

(B) All rules adopted under this section shall be adopted in	712
accordance with Chapter 119. of the Revised Code and any	713
applicable federal laws and regulations. Initial rules shall be	714
adopted not later than nine months after the effective date of	715
this section.	716

(C) When it adopts rules under this section, the board may	717
consider standards established by any national association or	718
other organization representing the interests of those involved in	719
chemical dependency counseling or alcohol and other drug	720
prevention services.	721

Sec. 4758.21. (A) In accordance with rules adopted under	722
section 4758.20 of the Revised Code and subject to division (B) of	723
this section, the chemical dependency professionals board shall	724
establish, and may from time to time adjust, fees to be charged	725
for the following:	726

(1) Admitting an individual to an examination administered	727
pursuant to section 4758.22 of the Revised Code;	728

(2) Issuing an initial independent chemical dependency	729
counselor license, chemical dependency counselor III license,	730
chemical dependency counselor II license, chemical dependency	731
counselor assistant certificate, prevention specialist II	732
certificate, prevention specialist I certificate, or registered	733
applicant certificate;	734

(3) Renewing an independent chemical dependency counselor	735
license, chemical dependency counselor III license, chemical	736
dependency counselor II license, chemical dependency counselor I	737
certificate, chemical dependency counselor assistant certificate,	738
prevention specialist II certificate, prevention specialist I	739
certificate, or registered applicant certificate;	740

(4) Approving continuing education courses under section	741
4758.28 of the Revised Code;	742

(5) Doing anything else the board determines necessary to	743
administer this chapter.	744

(B) The fees established under division (A) of this section	745
are nonrefundable. They shall be in amounts sufficient to cover	746
the necessary expenses of the board in administering this chapter	747
and rules adopted under it. The fees for a license or certificate	748
and the renewal of a license or certificate may differ for the	749
various types of licenses and certificates, but shall not exceed	750
one hundred seventy-five dollars each, unless the board determines	751
that amounts in excess of one hundred seventy-five dollars are	752
needed to cover its necessary expenses in administering this	753
chapter and rules adopted under it and the amounts in excess of	754
one hundred seventy-five dollars are approved by the controlling	755
board.	756

(C) All vouchers of the board shall be approved by the	757
chairperson or executive director of the board, or both, as	758
authorized by the board.	759

Sec. 4758.22. The chemical dependency professionals board	760
shall prepare, cause to be prepared, or procure the use of, and	761
grade, cause to be graded, or procure the grading of, examinations	762
to determine the competence of individuals seeking an independent	763
chemical dependency counselor license, chemical dependency	764
counselor III license, chemical dependency counselor II license,	765
prevention specialist II certificate, or prevention specialist I	766
certificate. The board may develop the examinations or use	767
examinations prepared by state or national organizations that	768
represent the interests of those involved in chemical dependency	769
counseling or alcohol and other drug prevention services. The	770
board shall conduct examinations at least twice each year and	771
shall determine the level of competence necessary for a passing	772
score.	773

An individual may not sit for an examination administered	774
pursuant to this section unless the individual meets the	775
requirements to obtain the license or certificate the individual	776
seeks, other than the requirement to have passed the examination,	777
and pays the fee established under section 4758.21 of the Revised	778
Code. An individual who is denied admission to the examination	779
may appeal the denial in accordance with Chapter 119. of the	780
Revised Code.	781

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	782
the Revised Code, the chemical dependency professionals board	783
shall establish codes of ethical practice and professional conduct	784
for the following:	785

(1) Individuals who hold a valid independent chemical	786
dependency counselor license, chemical dependency counselor III	787
license, chemical dependency counselor II license, chemical	788
dependency counselor I certificate, or chemical dependency	789
counselor assistant certificate issued under this chapter;	790

(2) Individuals who hold a valid prevention specialist II	791
certificate, prevention specialist I certificate, or registered	792
applicant certificate issued under this chapter.	793

(B) The codes for individuals identified under division	794
(A)(1) of this section shall define unprofessional conduct, which	795
shall include engaging in a dual relationship with a client,	796
former client, consumer, or former consumer; committing an act of	797
sexual abuse, misconduct, or exploitation of a client, former	798
client, consumer, or former consumer; and, except as permitted by	799
law, violating client or consumer confidentiality.	800

(C) The codes for individuals identified under division	801
(A)(1) of this section may be based on any codes of ethical	802
practice and professional conduct developed by national	803
associations or other organizations representing the interests of	804
those involved in chemical dependency counseling. The codes for	805
individuals identified under division (A)(2) of this section may	806
be based on any codes of ethical practice and professional conduct	807
developed by national associations or other organizations	808
representing the interests of those involved in alcohol and other	809
drug prevention services. The board may establish standards in	810
the codes that are more stringent than those established by the	811
national associations or other organizations.	812

Sec. 4758.24. (A) The chemical dependency professionals	813
board shall issue a license or certificate under this chapter to	814
an individual who meets all of the following requirements:	815

(1) Is of good moral character as determined in accordance	816
with rules adopted under section 4758.20 of the Revised Code;	817

(2) Submits a properly completed application and all other	818
documentation specified in rules adopted under section 4758.20 of	819
the Revised Code;	820

(3) Pays the fee established under section 4758.21 of the	821
Revised Code for the license or certificate that the individual	822
seeks;	823

(4) Meets the requirements to obtain the license or	824
certificate that the individual seeks as specified in section	825
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, or 4758.45 of the	826
Revised Code;	827

(5) Meets any additional requirements specified in rules	828
adopted under section 4758.20 of the Revised Code to obtain the	829
license or certificate that the individual seeks.	830

(B) The board shall not issue an initial certificate to	831
practice as a chemical dependency counselor I.	832

Sec. 4758.25. (A) The chemical dependency professionals board	833
may enter into a reciprocal agreement with any state that	834
regulates individuals practicing in the same capacities as those	835
regulated under this chapter if the board finds that the state has	836
requirements substantially equivalent to the requirements of this	837
state to receive a license or certificate under this chapter.	838

The board may become a member of a national reciprocity	839
organization that requires its members to have requirements	840
substantially equivalent to the requirements of this state to	841
receive a license or certificate to practice in the same	842
capacities as those regulated under this chapter. If the board	843
becomes a member of such an organization, the board shall consider	844
itself to have a reciprocal agreement with the other states that	845
are also members of the organization.	846

(B) The board may, by endorsement, issue the appropriate	847
license or certificate to a resident of a state with which the	848
board does not have a reciprocal agreement if both of the	849
following apply:	850

(1) The board finds that the state has requirements	851
substantially equivalent to the requirements of this state for	852
receipt of a license or certificate under this chapter.	853

(2) The individual submits proof satisfactory to the board	854
of being currently authorized to practice by that state.	855

(C) A license or certificate obtained by reciprocity or	856
endorsement under this section may be renewed or restored under	857
section 4758.26 of the Revised Code if the individual holding the	858
license or certificate satisfies the renewal or restoration	859
requirements established by that section. An individual holding a	860
license or certificate obtained by reciprocity or endorsement	861
under this section may obtain, under section 4758.24 of the	862
Revised Code, a different license or certificate available under	863
this chapter if the individual meets all of the requirements as	864
specified in that section for the license or certificate the	865
individual seeks.	866

Sec. 4758.26. (A) Except as provided in section 4758.27 of	867
the Revised Code, a license or certificate issued under this	868
chapter, other than a registered applicant certificate, expires	869
two years after it is issued and may be renewed in accordance with	870
the standard renewal procedure established under Chapter 4745. of	871
the Revised Code.	872

(B) Subject to section 4758.30 of the Revised Code and	873
except as provided in section 4758.27 of the Revised Code, the	874
chemical dependency professionals board shall renew a license or	875
certificate issued under this chapter, other than a registered	876
applicant certificate, if the individual seeking the renewal pays	877
the renewal fee established under section 4758.21 of the Revised	878
Code and satisfies the continuing education requirements	879
established under section 4758.51 of the Revised Code.	880

(C) Except as provided in section 4758.27 of the Revised	881
Code, a license or certificate issued under this chapter, other	882
than a registered applicant certificate, that has expired may be	883
restored if the individual seeking the restoration, not later than	884
two years after the license or certificate expires, applies for	885
restoration of the license or certificate. The board shall issue	886
a restored license or certificate to the individual if the	887
individual pays the renewal fee established under section 4758.21	888
of the Revised Code and satisfies the continuing education	889
requirements established under section 4758.51 of the Revised Code	890
for restoring the license or certificate. The board shall not	891
require an individual to take an examination as a condition of	892
having an expired license or certificate restored under this	893
section.	894

Sec. 4758.27. Until the date that is six years after the	895
effective date of this section, the chemical dependency	896
professionals board shall renew a certificate that on the	897
effective date of this section is accepted under section 3793.07	898
of the Revised Code as authority to practice as a chemical	899
dependency counselor I if the individual holding the certificate	900
renews the certificate in accordance with rules adopted under	901
section 4758.20 of the Revised Code and pays the renewal fee	902
established under section 4758.21 of the Revised Code. Subsequent	903
renewals shall be done under section 4758.26 of the Revised Code.	904

After the date that is six years after the effective date of	905
this section, the board shall not renew under this section, or	906
renew or restore under section 4758.26 of the Revised Code, a	907
certificate to practice as a certified chemical dependency	908
counselor I.	909

Sec. 4758.28. The chemical dependency professionals board	910
shall approve, in accordance with rules adopted under section	911
4758.20 of the Revised Code and subject to payment of the fee	912
established under section 4758.21 of the Revised Code, continuing	913
education courses of study for individuals who hold a license or	914
certificate issued under this chapter.	915

Sec. 4758.29.  On receipt of a notice pursuant to section	916
3123.43 of the Revised Code, the chemical dependency professionals	917
board shall comply with sections 3123.41 to 3123.50 of the Revised	918
Code and any applicable rules adopted under section 3123.63 of the	919
Revised Code with respect to a license or certificate issued	920
pursuant to this chapter.	921

Sec. 4758.30. (A) The chemical dependency professionals	922
board, in accordance with Chapter 119. of the Revised Code, may	923
refuse to issue a license or certificate applied for under this	924
chapter; refuse to renew a license or certificate issued under	925
this chapter; suspend, revoke, or otherwise restrict a license or	926
certificate issued under this chapter; or reprimand an individual	927
holding a license or certificate issued under this chapter. These	928
actions may be taken by the board regarding the applicant for a	929
license or certificate or the individual holding a license or	930
certificate for one or more of the following reasons:	931

(1) Violation of any provision of this chapter or rules	932
adopted under it;	933

(2) Knowingly making a false statement on an application	934
for a license or certificate or for renewal, restoration, or	935
reinstatement of a license or certificate;	936

(3) Acceptance of a commission or rebate for referring an	937
individual to a person who holds a license or certificate issued	938
by, or who is registered with, an entity of state government,	939
including persons practicing chemical dependency counseling,	940
alcohol and other drug prevention services, or fields related to	941
chemical dependency counseling or alcohol and other drug	942
prevention services;	943

(4) Conviction in this or any other state of any crime that	944
is a felony in this state;	945

(5) Conviction in this or any other state of a misdemeanor	946
committed in the course of practice as an independent chemical	947
dependency counselor, chemical dependency counselor III, chemical	948
dependency counselor II, chemical dependency counselor I, chemical	949
dependency counselor assistant, prevention specialist II,	950
prevention specialist I, or registered applicant;	951

(6) Inability to practice as an independent chemical	952
dependency counselor, chemical dependency counselor III, chemical	953
dependency counselor II, chemical dependency counselor I, chemical	954
dependency counselor assistant, prevention specialist II,	955
prevention specialist I, or registered applicant due to abuse of	956
or dependency on alcohol or other drugs or other physical or	957
mental condition;	958

(7) Practicing outside the individual's scope of practice;

959

(8) Practicing without complying with the supervision	960
requirements specified under section 4758.56, 4758.59, or 4758.61	961
of the Revised Code;	962

(9) Violation of the code of ethical practice and	963
professional conduct for chemical dependency counseling or alcohol	964
and other drug prevention services adopted by the board pursuant	965
to section 4758.23 of the Revised Code;	966

(10) Revocation of a license or certificate or voluntary	967
surrender of a license or certificate in another state or	968
jurisdiction for an offense that would be a violation of this	969
chapter.	970

(B) An individual whose license or certificate has been	971
suspended or revoked under this section may apply to the board for	972
reinstatement after an amount of time the board shall determine in	973
accordance with rules adopted under section 4758.20 of the Revised	974
Code. The board may accept or refuse an application for	975
reinstatement. The board may require an examination for	976
reinstatement of a license or certificate that has been suspended	977
or revoked.	978

Sec. 4758.31. The chemical dependency professionals board	979
shall investigate alleged violations of this chapter or the rules	980
adopted under it and alleged irregularities in the delivery of	981
chemical dependency counseling services or alcohol and other drug	982
prevention services by individuals who hold a license or	983
certificate issued under this chapter. As part of an	984
investigation, the board may issue subpoenas, examine witnesses,	985
and administer oaths.	986

The board may receive any information necessary to conduct	987
an investigation under this section that has been obtained in	988
accordance with federal laws and regulations. If the board is	989
investigating the provision of chemical dependency counseling	990
services to a couple or group, it is not necessary for both	991
members of the couple or all members of the group to consent to	992
the release of information relevant to the investigation.	993

The board shall ensure, in accordance with rules adopted	994
under section 4758.20 of the Revised Code, that all records it	995
holds pertaining to an investigation remain confidential during	996
the investigation. After the investigation, the records are	997
public records except as otherwise provided by federal or state	998
law.	999

Sec. 4758.32. For any hearing it conducts under this chapter,	1000
the chemical dependency professionals board may appoint one of its	1001
voting members to act on behalf of the board. It is not necessary	1002
that the member be an attorney to be appointed. The board shall	1003
make the appointment in writing.	1004

A finding or order of a member appointed to act on behalf of	1005
the board is a finding or order of the board when confirmed by the	1006
board.	1007

Sec. 4758.35. (A) An individual seeking a license or	1008
certificate issued under this chapter shall file with the chemical	1009
dependency professionals board a written application on a form	1010
prescribed by the board. Each form shall state that a false	1011
statement made on the form is the crime of falsification under	1012
section 2921.13 of the Revised Code.	1013

(B) The board shall require an individual or individuals	1014
employed by the board under section 4758.15 of the Revised Code to	1015
do both of the following in accordance with criteria established	1016
by rules adopted under section 4758.20 of the Revised Code:	1017

(1) Receive and review all applications submitted to the	1018
board;	1019

(2) Submit to the board all applications the individual or	1020
individuals recommend the board review based on the criteria	1021
established in the rules.	1022

(C) The board shall review all applications submitted to	1023
the board pursuant to division (B)(2) of this section.	1024

Sec. 4758.36. As part of the review process under division	1025
(C) of section 4758.35 of the Revised Code of an application	1026
submitted by an applicant who has obtained the applicant's	1027
education, experience in chemical dependency counseling or alcohol	1028
and other drug prevention services, or education and experience	1029
outside the United States, the chemical dependency professionals	1030
board shall determine whether the applicant's command of the	1031
English language and education or experience meet the standards	1032
required by this chapter and rules adopted under it.	1033

Sec. 4758.40. An individual seeking an independent chemical	1034
dependency counselor license shall meet either of the following	1035
requirements:	1036

(A) Meet all of the following requirements:

1037

(1) Hold from an accredited educational institution a	1038
master's degree in behavioral sciences that meets the course	1039
requirements specified in rules adopted under section 4758.20 of	1040
the Revised Code;	1041

(2) Have not less than four thousand hours of compensated	1042
work experience in either of the following, not less than eight	1043
hundred hours of which are in chemical dependency counseling:	1044

(a) Chemical dependency services, substance abuse services,	1045
or both types of services;	1046

(b) The practice of psychology, as defined in section	1047
4732.01 of the Revised Code, or the practice of professional	1048
counseling or the practice of social work, both as defined in	1049
section 4757.01 of the Revised Code.	1050

(3) Have a minimum of two hundred seventy hours of training	1051
in chemical dependency that meets the requirements specified in	1052
rules adopted under section 4758.20 of the Revised Code;	1053

(4) Pass one or more examinations administered pursuant to	1054
section 4758.22 of the Revised Code for the purpose of determining	1055
competence to practice as an independent chemical dependency	1056
counselor.	1057

(B) Meet both of the following requirements:

1058

(1) Hold, on the effective date of this section, a	1059
certificate or credentials that were accepted under section	1060
3793.07 of the Revised Code as authority to practice as a	1061
certified chemical dependency counselor III or certified chemical	1062
dependency counselor III-E;	1063

(2) Meet one of the following requirements:

1064

(a) Hold the degree described in division (A)(1) of this	1065
section;	1066

(b) Have held a chemical dependency counselor III, II, or I	1067
certificate for at least eight consecutive years and have not less	1068
than forty clock hours of training on the version of the	1069
diagnostic and statistical manual of mental disorders that is	1070
current at the time of the training. The training must meet the	1071
requirements specified in rules adopted under section 4758.20 of	1072
the Revised Code and have been provided by an individual	1073
authorized under Chapter 4731. of the Revised Code to practice	1074
medicine and surgery or osteopathic medicine and surgery, a	1075
psychologist licensed under Chapter 4732. of the Revised Code, or	1076
a professional clinical counselor or independent social worker	1077
licensed under Chapter 4757. of the Revised Code.	1078

Sec. 4758.41. An individual seeking a chemical dependency	1079
counselor III license shall meet any of the following	1080
requirements:	1081

(A) Meet all of the following requirements:

1082

(1) Hold from an accredited educational institution a	1083
bachelor's degree in a behavioral science that meets the course	1084
requirements specified in rules adopted under section 4758.20 of	1085
the Revised Code;	1086

(2) Have not less than four thousand hours of compensated	1087
work experience in either of the following, not less than eight	1088
hundred work hours of which are in chemical dependency counseling:	1089

(a) Chemical dependency services, substance abuse services,	1090
or both types of services;	1091

(b) The practice of psychology, as defined in section	1092
4732.01 of the Revised Code, or the practice of professional	1093
counseling or the practice of social work, both as defined in	1094
section 4757.01 of the Revised Code.	1095

(3) Have a minimum of two hundred seventy hours of training	1096
in chemical dependency that meets the requirements specified in	1097
rules adopted under section 4758.20 of the Revised Code;	1098

(4) Pass one or more examinations administered pursuant to	1099
section 4758.22 of the Revised Code for the purpose of determining	1100
competence to practice as a chemical dependency counselor III.	1101

(B) Meet both of the following requirements:

1102

(1) Hold, on the effective date of this section, a	1103
certificate or credentials that were accepted under section	1104
3793.07 of the Revised Code as authority to practice as a	1105
certified chemical dependency counselor III or certified chemical	1106
dependency counselor III-E;	1107

(2) Have not less than forty clock hours of training on the	1108
version of the diagnostic and statistical manual of mental	1109
disorders that is current at the time of the training. The	1110
training must meet the requirements specified in rules adopted	1111
under section 4758.20 of the Revised Code and have been provided	1112
by an individual authorized under Chapter 4731. of the Revised	1113
Code to practice medicine and surgery or osteopathic medicine and	1114
surgery, a psychologist licensed under Chapter 4732. of the	1115
Revised Code, or a professional clinical counselor or independent	1116
social worker licensed under Chapter 4757. of the Revised Code.	1117

(C) Meet all of the following requirements:

1118

(1) Hold, on the effective date of this section, a	1119
certificate or credentials that were accepted under section	1120
3793.07 of the Revised Code as authority to practice as a	1121
certified chemical dependency counselor II;	1122

(2) Meet the requirement of division (B)(2) of this section;

1123

(3) Hold a bachelor's degree in a behavioral science.

1124

Sec. 4758.42. An individual seeking a chemical dependency	1125
counselor II license shall meet either of the following	1126
requirements:	1127

(A) Meet all of the following requirements:

1128

(1) Hold from an accredited educational institution an	1129
associate's degree in a behavioral science or a bachelor's degree	1130
in any field;	1131

(2)(a) If the individual holds an associate's degree, have	1132
not less than five thousand hours of compensated or volunteer	1133
work, field placement, intern, or practicum experience in either	1134
of the following, not less than one thousand hours of which are in	1135
chemical dependency counseling:	1136

(i) Chemical dependency services, substance abuse services,	1137
or both types of services;	1138

(ii) The practice of psychology, as defined in section	1139
4732.01 of the Revised Code, or the practice of professional	1140
counseling or the practice of social work, both as defined in	1141
section 4757.01 of the Revised Code.	1142

(b) If the individual holds a bachelor's degree, have not	1143
less than six thousand hours of compensated or volunteer work,	1144
field placement, intern, or practicum experience in either of the	1145
following, not less than one thousand two hundred hours of which	1146
are in chemical dependency counseling:	1147

(i) Chemical dependency services, substance abuse services,	1148
or both types of services;	1149

(ii) The practice of psychology, as defined in section	1150
4732.01 of the Revised Code, or the practice of professional	1151
counseling or the practice of social work, both as defined in	1152
section 4757.01 of the Revised Code.	1153

(3) Have a minimum of two hundred seventy hours of training	1154
in chemical dependency that meets the requirements specified in	1155
rules adopted under section 4758.20 of the Revised Code;	1156

(4) Pass one or more examinations administered pursuant to	1157
section 4758.22 of the Revised Code for the purpose of determining	1158
competence to practice as a chemical dependency counselor II.	1159

(B) Meet both of the following requirements:

1160

(1) Hold a degree described in division (A)(1) of this	1161
section;	1162

(2) Hold, on the effective date of this section, a	1163
certificate or credentials that were accepted under section	1164
3793.07 of the Revised Code as authority to practice as a	1165
certified chemical dependency counselor II.	1166

Sec. 4758.43. An individual seeking a chemical dependency	1167
counselor assistant certificate shall meet either of the following	1168
requirements:	1169

(A) Have at least forty hours of training in chemical	1170
dependency counseling that meets the requirements specified in	1171
rules adopted under section 4758.20 of the Revised Code.	1172

(B) Hold, on the effective date of this section, a	1173
certificate or credentials that were accepted under section	1174
3793.07 of the Revised Code as authority to practice as a	1175
registered candidate.	1176

Sec. 4758.44. An individual seeking a prevention specialist	1177
II certificate shall meet either of the following requirements:	1178

(A) Meet all of the following requirements:

1179

(1) Have compensated work experience in which not less than	1180
fifty per cent of the individual's time was devoted to planning,	1181
coordinating, or delivering alcohol and other drug prevention	1182
services;	1183

(2) Have one of the following:

1184

(a) A bachelor's degree in a behavioral science and at	1185
least six thousand hours of compensated work experience in alcohol	1186
and other drug prevention services;	1187

(b) A master's or doctoral degree in a behavioral science	1188
and at least four thousand hours of compensated work experience in	1189
alcohol and other drug prevention services.	1190

(3) Have at least two hundred seventy hours of	1191
prevention-related education that meets the requirements specified	1192
in rules adopted under section 4758.20 of the Revised Code;	1193

(4) Obtain a registered applicant certificate under this	1194
chapter and comply with the requirements of section 4758.53 of the	1195
Revised Code;	1196

(5) Pass the examination administered pursuant to section	1197
4758.22 of the Revised Code for the purpose of determining	1198
competence to practice as a prevention specialist II.	1199

(B) Hold, on the effective date of this section, a	1200
certificate or credentials that were accepted under section	1201
3793.07 of the Revised Code as authority to practice as a	1202
certified prevention specialist II.	1203

Sec. 4758.45. An individual seeking a prevention specialist I	1204
certificate shall meet either of the following requirements:	1205

(A) Meet all of the following requirements:

1206

(1) Have compensated or volunteer work, field placement,	1207
intern, or practicum experience in which not less than twenty per	1208
cent of the individual's time was devoted to planning or	1209
delivering alcohol and other drug prevention services;	1210

(2) Have one of the following:

1211

(a) At least six thousand hours of compensated or volunteer	1212
work, field placement, intern, or practicum experience in alcohol	1213
and other drug prevention services;	1214

(b) An associate's degree in a behavioral science and at	1215
least four thousand hours of compensated or volunteer work, field	1216
placement, intern, or practicum experience in alcohol and other	1217
drug prevention services;	1218

(c) A bachelor's, master's, or doctoral degree in a	1219
behavioral science and at least two thousand hours of compensated	1220
or volunteer work, field placement, intern, or practicum	1221
experience in alcohol and other drug prevention services.	1222

(3) Have at least one hundred eighty hours of	1223
prevention-related education that meets the requirements specified	1224
in rules adopted under section 4758.20 of the Revised Code;	1225

(4) Obtain a registered applicant certificate under this	1226
chapter and comply with the requirements of section 4758.53 of the	1227
Revised Code;	1228

(5) Pass the examination administered pursuant to section	1229
4758.22 of the Revised Code for the purpose of determining	1230
competence to practice as a prevention specialist I.	1231

(B) Hold, on the effective date of this section, a	1232
certificate or credentials that were accepted under section	1233
3793.07 of the Revised Code as authority to practice as a	1234
certified prevention specialist I.	1235

Sec. 4758.50. An individual who holds a license or	1236
certificate issued under this chapter shall post the license or	1237
certificate in a prominent place at the individual's place of	1238
employment.	1239

Sec. 4758.51. (A) Except as provided in division (B) of this	1240
section and in accordance with rules adopted under section 4758.20	1241
of the Revised Code, each individual who holds a license or	1242
certificate issued under this chapter shall complete during the	1243
period that the license or certificate is in effect not less than	1244
forty clock hours of continuing education as a condition of	1245
receiving a renewed license or certificate. To have an expired	1246
license or certificate restored, an individual shall complete the	1247
number of hours of continuing education specified in rules adopted	1248
under section 4758.20 of the Revised Code.	1249

(B) The chemical dependency professionals board may waive	1250
the continuing education requirements established under this	1251
section for individuals who are unable to fulfill them because of	1252
military service, illness, residence outside the United States, or	1253
any other reason the board considers acceptable.	1254

Sec. 4758.53. (A) Not later than four years after the	1255
effective date of a registered applicant certificate issued under	1256
this chapter, the individual issued the certificate shall submit	1257
to the chemical dependency professionals board documentation	1258
specified in rules adopted under section 4758.20 of the Revised	1259
Code showing that the individual has completed the requirements	1260
specified in those rules to take an examination administered	1261
pursuant to section 4758.22 of the Revised Code to obtain a	1262
prevention specialist II certificate or prevention specialist I	1263
certificate. If the individual submits the required documentation	1264
within the required time, the board shall notify the individual	1265
that the individual meets the requirements to take the	1266
examination. Not later than one year after the board so notifies	1267
the individual, the individual shall take the examination. If the	1268
individual fails the examination, the individual shall do both of	1269
the following:	1270

(1) Retake the examination at least two times per year until	1271
the individual passes the examination;	1272

(2) Not later than two years after the date of the first	1273
examination, renew the registered applicant certificate and	1274
complete forty hours of prevention-related education that meets	1275
the requirements specified in rules adopted under section 4758.20	1276
of the Revised Code.	1277

(B) If an individual holding a registered applicant	1278
certificate fails to meet any of the requirements of division (A)	1279
of this section, the board shall revoke the individual's	1280
registered applicant certificate. The individual may not apply to	1281
the board for a new registered applicant certificate earlier than	1282
a period of time the board shall determine in accordance with	1283
rules adopted under section 4758.20 of the Revised Code.	1284

Sec. 4758.55. An individual holding a valid independent	1285
chemical dependency counselor license may do all of the following:	1286

(A) Diagnose and treat chemical dependency conditions;

1287

(B) Perform treatment planning, assessment, crisis	1288
intervention, individual and group counseling, case management,	1289
and education services as they relate to abuse of and dependency	1290
on alcohol and other drugs;	1291

(C) Refer individuals with nonchemical dependency conditions	1292
to appropriate sources of help.	1293

Sec. 4758.56. (A) An individual holding a valid chemical	1294
dependency counselor III license may do all of the following:	1295

(1) Diagnose chemical dependency conditions under the	1296
supervision of any of the following:	1297

(a) An independent chemical dependency counselor licensed	1298
under this chapter;	1299

(b) An individual authorized under Chapter 4731. of the	1300
Revised Code to practice medicine and surgery or osteopathic	1301
medicine and surgery;	1302

(c) A psychologist licensed under Chapter 4732. of the	1303
Revised Code;	1304

(d) A registered nurse licensed under Chapter 4723. of the	1305
Revised Code or professional clinical counselor or independent	1306
social worker licensed under Chapter 4757. of the Revised Code if	1307
such supervision is consistent with the scope of practice of the	1308
registered nurse, professional clinical counselor, or independent	1309
social worker.	1310

(2) Treat chemical dependency conditions;

1311

(3) Perform treatment planning, assessment, crisis	1312
intervention, individual and group counseling, case management,	1313
and education services as they relate to abuse of and dependency	1314
on alcohol and other drugs;	1315

(4) Refer individuals with nonchemical dependency conditions	1316
to appropriate sources of help.	1317

(B) A chemical dependency counselor III may not practice as	1318
an individual practitioner.	1319

Sec. 4758.57. (A) An individual holding a valid chemical	1320
dependency counselor II license may do both of the following:	1321

(1) Perform assessment, crisis intervention, individual and	1322
group counseling, case management, and education services as they	1323
relate to abuse of and dependency on alcohol and other drugs;	1324

(2) Refer individuals with nonchemical dependency conditions	1325
to appropriate sources of help.	1326

(B) A chemical dependency counselor II may not practice as	1327
an individual practitioner.	1328

Sec. 4758.58. (A) Until six years after the effective date	1329
of this section, an individual holding a valid chemical dependency	1330
counselor I certificate may do both of the following:	1331

(1) Perform assessment, crisis intervention, individual and	1332
group counseling, case management, and education services as they	1333
relate to abuse of and dependency on alcohol and other drugs;	1334

(2) Refer individuals with nonchemical dependency conditions	1335
to appropriate sources of help.	1336

(B) A chemical dependency counselor I may not practice as	1337
an individual practitioner.	1338

Sec. 4758.59. (A) Subject to division (B) of this section,	1339
an individual holding a valid chemical dependency counselor	1340
assistant certificate may do both of the following:	1341

(1) Perform assessment, crisis intervention, individual and	1342
group counseling, case management, and education services as they	1343
relate to abuse of or dependency on alcohol and other drugs;	1344

(2) Refer individuals with nonchemical dependency conditions	1345
to appropriate sources of help.	1346

(B) An individual holding a valid chemical dependency	1347
counselor assistant certificate may perform the tasks specified in	1348
division (A) of this section only while under the supervision of	1349
any of the following:	1350

(1) An independent chemical dependency counselor or	1351
chemical dependency counselor III licensed under this chapter;	1352

(2) An individual authorized under Chapter 4731. of the	1353
Revised Code to practice medicine and surgery or osteopathic	1354
medicine and surgery;	1355

(3) A psychologist licensed under Chapter 4732. of the	1356
Revised Code;	1357

(4) A registered nurse licensed under Chapter 4723. of the	1358
Revised Code or professional clinical counselor or independent	1359
social worker licensed under Chapter 4757. of the Revised Code if	1360
such supervision is consistent with the scope of practice of the	1361
registered nurse, professional clinical counselor, or independent	1362
social worker.	1363

(C) A chemical dependency counselor assistant may not	1364
practice as an individual practitioner.	1365

Sec. 4758.60. An individual who holds a valid prevention	1366
specialist II certificate or prevention specialist I certificate	1367
issued under this chapter may engage in the practice of alcohol	1368
and other drug prevention services.	1369

Sec. 4758.61. An individual who holds a valid registered	1370
applicant certificate issued under this chapter may engage in the	1371
practice of alcohol and other drug prevention services under the	1372
supervision of an individual holding a valid prevention specialist	1373
II certificate or prevention specialist I certificate issued under	1374
this chapter.	1375

Sec. 4758.70. Except to the extent of providing services	1376
authorized by this chapter, this chapter does not authorize any	1377
individual to engage in the practice of psychology as defined in	1378
section 4732.01 of the Revised Code.	1379

Except to the extent of providing services authorized by	1380
this chapter, this chapter does not authorize any individual to	1381
engage in the practice of professional counseling or social work,	1382
as those terms are defined in section 4757.01 of the Revised Code.	1383

Sec. 4758.71. Nothing in this chapter or the rules adopted	1384
under it authorizes an individual who holds a license or	1385
certificate issued under this chapter to admit a patient to a	1386
hospital or requires a hospital to allow any such individual to	1387
admit a patient.	1388

Sec. 4758.99. Whoever violates division (A) or (B) of section	1389
4758.02 of the Revised Code is guilty of a misdemeanor of the	1390
fourth degree on a first offense; on each subsequent offense, the	1391
person is guilty of a misdemeanor of the third degree.	1392

Section 2. That existing sections 125.22, 3793.07, 4743.05,	1393
4745.01, and 4757.41 of the Revised Code are hereby repealed.	1394

Section 3. That Sections 6 and 7 of Am. Sub. S.B. 172 of the	1395
123rd General Assembly are hereby repealed. That Section 8 of Am.	1396
Sub. S.B. 172 of the 123rd General Assembly, as amended by Am.	1397
Sub. S.B. 261 of the 124th General Assembly, is hereby repealed.	1398

This repeal prevents the repeal and reenactment of section	1399
3793.07 of the Revised Code that was to have been effective July	1400
1, 2003, and thereby removes all limitation upon the continued	1401
existence of section 3793.07 of the Revised Code as presented in	1402
Section 1 of this act.	1403

Section 4. Within ninety days after the effective date of	1404
this section, the Governor shall appoint the initial members of	1405
the Chemical Dependency Professionals Board in accordance with	1406
section 4758.10 of the Revised Code. Such an appointee is not	1407
required, at the time of appointment, to hold an independent	1408
chemical dependency counselor license, chemical dependency	1409
counselor III license, prevention specialist II certificate, or	1410
prevention specialist I certificate. However, the appointee shall	1411
possess at the time of appointment any education, work experience,	1412
and training standards as specified in Chapter 4758. of the	1413
Revised Code that are necessary to obtain such a license or	1414
certificate. The appointee may remain a board member only if the	1415
appointee obtains an independent chemical dependency counselor	1416
license, chemical dependency counselor III license, prevention	1417
specialist II certificate, or prevention specialist I certificate,	1418
as appropriate for the member's appointment, not later than one	1419
year after the effective date of this section.	1420

Section 5. The Department of Alcohol and Drug Addiction	1421
Services shall work with the Chemical Dependency Professionals	1422
Board to enable the orderly transition from the Department's	1423
issuance of certificates and credentials under section 3793.07 of	1424
the Revised Code to the Board's issuance of certificates and	1425
licenses under Chapter 4758. of the Revised Code. The transition	1426
shall be completed at the earlier of the following:	1427

(A) The date, which shall be specified in an agreement	1428
between the Department and Board, on which the Board is to assume	1429
the department's duties;	1430

(B) The date that is two years after the effective date of	1431
this section.	1432

Section 6. All items in this section are hereby appropriated	1433
as designated out of any moneys in the state treasury to the	1434
credit of the Occupational Licensing and Regulatory Fund. For all	1435
appropriations made in this act, those in the first column are for	1436
fiscal year 2002 and those in the second column are for fiscal	1437
year 2003. The appropriations made in this act are in addition to	1438
any other appropriations made for the 2001-2003 biennium.	1439

CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

1440

Within the limits set forth in this act, the Director of	1445
Budget and Management shall establish accounts indicating source	1446
and amount of funds for each appropriation made in this act, and	1447
shall determine the form and manner in which appropriation	1448
accounts shall be maintained. Expenditures from appropriations	1449
contained in this act shall be accounted for as though made in Am.	1450
Sub. H.B. 94 of the 124th General Assembly.	1451

The appropriations made in this act are subject to all	1452
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	1453
are generally applicable to such appropriations.	1454

Section 7.  The codified and uncodified sections of law	1455
contained in this act, and the items of law of which they are	1456
composed, are not subject to the referendum. Therefore, under	1457
Ohio Constitution, Article II, Section 1d and section 1.471 of the	1458
Revised Code, the codified and uncodified sections of law	1459
contained in this act and the items of law of which they are	1460
composed go into immediate effect when this act becomes law.	1461