REPRESENTATIVES Peterson, Clancy, Britton, Carmichael, Evans, Fedor, Hagan, Hollister, Latta, McGregor, R. Miller, Redfern, Reinhard, Rhine, Schmidt, Schuring, Setzer, Webster, Willamowski, Olman, Fessler, Calvert, D. Miller, Barrett, Hartnett

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; and to repeal Sections 6, 7,

7

and 8 of Am. Sub. S.B. 172 of the 123rd General

8

Assembly to create the Chemical Dependency

9

Professionals Board, to require licensure or

10

certification of chemical dependency counselors, to

11

authorize the certification of alcohol and other

12

drug prevention specialists, and to make an

13

appropriation.

14

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

Section 1. That sections 125.22, 3793.07, 4743.05, 4745.01,	15
and 4757.41 be amended and sections 4758.01, 4758.02, 4758.03,	16
4758.04, 4758.06, 4758.10, 4758.11, 4758.12, 4758.13, 4758.15,	17
4758.16, 4758.17, 4758.18, 4758.20, 4758.21, 4758.22, 4758.23,	18
4758.24, 4758.25, 4758.26, 4758.27, 4758.28, 4758.29, 4758.30,	19
4758.31, 4758.32, 4758.35, 4758.36, 4758.40, 4758.41, 4758.42,	20
4758.43, 4758.44, 4758.45, 4758.50, 4758.51, 4758.53, 4758.55,	21
4758.56, 4758.57, 4758.58, 4758.59, 4758.60, 4758.61, 4758.70,	22
4758.71, and 4758.99 of the Revised Code be enacted to read as	23
follows:	24

Sec. 125.22.  (A) The department of administrative services	25
shall establish the central service agency to perform routine	26
support for the following boards and commissions:	27

(1) State board of examiners of architects;

28

(2) Barber board;

29

(3) State chiropractic board;

30

(4) State board of cosmetology;

31

(5) Accountancy board;

32

(6) State dental board;

33

(7) State board of optometry;

34

(8) Ohio occupational therapy, physical therapy, and	35
athletic trainers board;	36

(9) State board of registration for professional engineers	37
and surveyors;	38

(10) State board of sanitarian registration;

39

(11) Board of embalmers and funeral directors;

40

(12) State board of psychology;

41

(13) Ohio optical dispensers board;

42

(14) Board of speech pathology and audiology;

43

(15) Counselor and social worker board;

44

(16) State veterinary medical licensing board;

45

(17) Ohio board of dietetics;

46

(18) Commission on Hispanic-Latino affairs;

47

(19) Ohio respiratory care board;

48

(20) Ohio commission on African-American males;

49

(21) Chemical dependency professionals board.

50

(B)(1) Notwithstanding any other section of the Revised	51
Code, the agency shall perform the following routine support	52
services for the boards and commissions named in division (A) of	53
this section unless the controlling board exempts a board or	54
commission from this requirement on the recommendation of the	55
director of administrative services:	56

(a) Preparing and processing payroll and other personnel	57
documents;	58

(b) Preparing and processing vouchers, purchase orders,	59
encumbrances, and other accounting documents;	60

(c) Maintaining ledgers of accounts and balances;

61

(d) Preparing and monitoring budgets and allotment plans in	62
consultation with the boards and commissions;	63

(e) Other routine support services that the director of	64
administrative services considers appropriate to achieve	65
efficiency.	66

(2) The agency may perform other services which a board or	67
commission named in division (A) of this section delegates to the	68
agency and the agency accepts.	69

(3) The agency may perform any service for any professional	70
or occupational licensing board not named in division (A) of this	71
section or any commission if the board or commission requests such	72
service and the agency accepts.	73

(C) The director of administrative services shall be the	74
appointing authority for the agency.	75

(D) The agency shall determine the fees to be charged to the	76
boards and commissions, which shall be in proportion to the	77
services performed for each board or commission.	78

(E) Each board or commission named in division (A) of this	79
section and any other board or commission requesting services from	80
the agency shall pay these fees to the agency from the general	81
revenue fund maintenance account of the board or commission or	82
from such other fund as the operating expenses of the board or	83
commission are paid. Any amounts set aside for a fiscal year by a	84
board or commission to allow for the payment of fees shall be used	85
only for the services performed by the agency in that fiscal year.	86
All receipts collected by the agency shall be deposited in the	87
state treasury to the credit of the central service agency fund,	88
which is hereby created. All expenses incurred by the agency in	89
performing services for the boards or commissions shall be paid	90
from the fund.	91

(F) Nothing in this section shall be construed as a grant of	92
authority for the central service agency to initiate or deny	93
personnel or fiscal actions for the boards and commissions.	94

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

95

(1) "Medicare program" means the program established under	96
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	97
U.S.C. 301, as amended;	98

(2) "Medicaid program" means the program established under	99
Title XIX of the "Social Security Act."	100

(B) TheExcept as provided in division (D) of this section,	101
the department of alcohol and drug addiction services shall	102
establish and administer a process for the certification or	103
credentialing of chemical dependency professionalscounselors and	104
alcohol and other drug prevention specialists for the purpose of	105
qualifying thetheir services provided by chemical dependency	106
professionals for reimbursement under the medicare or medicaid	107
program. The process shall be made available to any individual	108
who is a member of the profession of alcoholism counseling, drug	109
abuse counseling, or chemical dependency counseling, or any	110
individual who is an alcoholism oralcohol and other drug abuse	111
prevention consultant or specialist. Nothing in this section	112
shall be construed as requiring such certification or credentials	113
for services that are not reimbursed by medicare or medicaid.	114

The department shall cease to administer its process for the	115
certification or credentialing of chemical dependency counselors	116
and alcohol and other drug prevention specialists under this	117
section at the earlier of the following:	118

(1) The date, which shall be specified in an agreement	119
between the department and chemical dependency professionals	120
board, on which the board is to assume, under Chapter 4758. of the	121
Revised Code, the department's certification duties;	122

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

123

(C) The department shall adopt rules in accordance with	124
Chapter 119. of the Revised Code establishing standards and	125
procedures for the certification or credentialing process. The	126
rules shall include the following:	127

(1) Eligibility requirements;

128

(2) Application procedures;

129

(3) Minimum educational and clinical training requirements	130
that must be met for initial certification or credentialing;	131

(4) Continuing education and training requirements for	132
certified or credentialed individuals;	133

(5) Application and renewal fees that do not exceed the cost	134
incurred by the department in implementing and administering the	135
process;	136

(6) Administration or approval of examinations;

137

(7) Investigation of complaints and alleged violations of	138
this section;	139

(8) Maintenance of the confidentiality of the department's	140
investigative records;	141

(9) Disciplinary actions, including application denial and	142
suspension or revocation of certification or credentials;	143

(10) Any other rules the department considers necessary to	144
establish or administer the certification or credentialing	145
process.	146

(D)(1) Except as provided in division (D)(2) of this section,	147
the department shall not issue an initial certificate or	148
credential to practice as a chemical dependency counselor I, but	149
may renew such a certificate or credential issued prior to the	150
effective date of this amendment or pursuant to division (D)(2) of	151
this section until the department ceases to administer the	152
certification and credentialing process under this section.	153

(2) The department may issue an initial certificate or	154
credential to practice as a chemical dependency counselor I to an	155
individual if the individual submitted the application for	156
certification or credentials to the department prior to the	157
effective date of this amendment.	158

(E) The department shall investigate alleged violations of	159
this section or the rules adopted under it. As part of its	160
investigation, the department may issue subpoenas, examine	161
witnesses, and administer oaths. The department shall ensure that	162
all records it holds pertaining to an investigation remain	163
confidential.	164

(E)(F) With respect to hearings conducted by the department	165
as part of the certification or credentialing process, both of the	166
following apply:	167

(1) An individual whose application for certification or	168
credentials issued under this section has been denied by the	169
department may request a hearing in accordance with Chapter 119.	170
of the Revised Code and the rules adopted under this section.	171

(2) The department may appoint a referee or hearing examiner	172
to conduct the proceedings and make recommendations to the	173
department as appropriate.	174

(F)(G) The department shall maintain a record of all fees	175
collected under this section. All fees collected shall be paid	176
into the state treasury to the credit of the credentialing fund,	177
which is hereby created. Money credited to the fund shall be used	178
solely to pay the costs of establishing and administering the	179
process for certification or credentialing of chemical dependency	180
professionals under this section.	181

(G) CertificationsMoney credited to the credentialing fund	182
under this section shall be transferred to the occupational	183
licensing and regulatory fund created under section 4743.05 of the	184
Revised Code at the earlier of the following:	185

(1) The date, which shall be specified in an agreement	186
between the department and chemical dependency professionals	187
board, on which the board is to assume, under Chapter 4758. of the	188
Revised Code, the department's certification duties;	189

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

190

(H) Certifications made and credentials issued by the Ohio	191
credentialing board for chemical dependency professionals prior to	192
the date the department establishes its certification or	193
credentialing process under this section shall continue to be	194
accepted by the department until, with respect to any particular	195
individual, one of the following occurs:	196

(1) The individual's certification or credentials from the	197
board have expired.	198

(2) The individual's certification or credentials from the	199
board would be suspended or revoked by the department if the	200
certification or credentials had been issued by the department	201
under this section.	202

Sec. 4743.05.  Except as otherwise provided in sections	203
4701.20 and 4729.65 of the Revised Code, all money collected under	204
Chapters 3773., 4701., 4703., 4709., 4713., 4715., 4717., 4723.,	205
4725., 4729., 4732., 4733., 4734., 4736., 4741., 4753., 4755.,	206
4757., 4758., 4759., and 4761. of the Revised Code, and until	207
December 31, 2004, money collected under Chapter 4779. of the	208
Revised Code, shall be paid into the state treasury to the credit	209
of the occupational licensing and regulatory fund, which is hereby	210
created for use in administering such chapters.	211

At the end of each quarter, the director of budget and	212
management shall transfer from the occupational licensing and	213
regulatory fund to the nurse education assistance fund created in	214
section 3333.28 of the Revised Code the amount certified to the	215
director under division (B) of section 4723.08 of the Revised	216
Code.	217

At the end of each quarter, the director shall transfer from	218
the occupational licensing and regulatory fund to the certified	219
public accountant education assistance fund created in section	220
4701.26 of the Revised Code the amount certified to the director	221
under division (H)(2) of section 4701.10 of the Revised Code.	222

Sec. 4745.01.  (A) "Standard renewal procedure," as used in	223
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,	224
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3731., 3742.,	225
3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169.,	226
4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,	227
4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,	228
4747., 4749., 4753., 4755., 4757., 4758., 4759., 4761., 4766.,	229
4773., and 4775. of the Revised Code, means the license renewal	230
procedures specified in this chapter.	231

(B) "Licensing agency," as used in this chapter, means any	232
department, division, board, section of a board, or other state	233
governmental unit subject to the standard renewal procedure, as	234
defined in this section, and authorized by the Revised Code to	235
issue a license to engage in a specific profession, occupation, or	236
occupational activity, or to have charge of and operate certain	237
specified equipment, machinery, or premises.	238

(C) "License," as used in this chapter, means a license,	239
certificate, permit, card, or other authority issued or conferred	240
by a licensing agency by authority of which the licensee has or	241
claims the privilege to engage in the profession, occupation, or	242
occupational activity, or to have control of and operate certain	243
specific equipment, machinery, or premises, over which the	244
licensing agency has jurisdiction.	245

(D) "Licensee," as used in this chapter, means either the	246
person to whom the license is issued or renewed by a licensing	247
agency, or the person, partnership, or corporation at whose	248
request the license is issued or renewed.	249

(E) "Renewal" and "renewed," as used in this chapter and in	250
the chapters of the Revised Code specified in division (A) of this	251
section, includes the continuing licensing procedure provided in	252
Chapter 3748. of the Revised Code and rules adopted under it and	253
in sections 1321.05 and 3921.33 of the Revised Code, and as	254
applied to those continuing licenses any reference in this chapter	255
to the date of expiration of any license shall be construed to	256
mean the due date of the annual or other fee for the continuing	257
license.	258

Sec. 4757.41.  (A) This chapter shall not apply to the	259
following:	260

(1) A person certified by the state board of education under	261
Chapter 3319. of the Revised Code while performing any services	262
within the person's scope of employment by a board of education or	263
by a private school meeting the standards prescribed by the state	264
board of education under division (D) of section 3301.07 of the	265
Revised Code or in a program operated under Chapter 5126. of the	266
Revised Code for training individuals with mental retardation or	267
other developmental disabilities;	268

(2) Psychologists or school psychologists licensed under	269
Chapter 4732. of the Revised Code;	270

(3) Members of other professions licensed, certified, or	271
registered by this state while performing services within the	272
recognized scope, standards, and ethics of their respective	273
professions;	274

(4) Rabbis, priests, Christian science practitioners,	275
clergy, or members of religious orders and other individuals	276
participating with them in pastoral counseling when the counseling	277
activities are within the scope of the performance of their	278
regular or specialized ministerial duties and are performed under	279
the auspices or sponsorship of an established and legally	280
cognizable church, denomination, or sect or an integrated	281
auxiliary of a church as defined in federal tax regulations,	282
paragraph (g)(5) of 26 C.F.R. 1.6033-2 (1995), and when the	283
individual rendering the service remains accountable to the	284
established authority of that church, denomination, sect, or	285
integrated auxiliary;	286

(5) Any person employed in the civil service as defined in	287
section 124.01 of the Revised Code while engaging in social work	288
or professional counseling as a civil service employee;	289

(6) A student in an accredited educational institution while	290
carrying out activities that are part of the student's prescribed	291
course of study if the activities are supervised as required by	292
the educational institution and if the student does not hold	293
herself or himself out as a person licensed or registered under	294
this chapter;	295

(7) IndividualsUntil the date the department of alcohol and	296
drug addiction services ceases to administer its process for the	297
certification or credentialing of chemical dependency counselors	298
and alcohol and other drug prevention specialists under section	299
3793.07 of the Revised Code, as specified in division (B) of that	300
section, individuals with certification or credentials accepted by	301
the department of alcohol and drug addiction services under that	302
section 3793.07 of the Revised Code who are acting within the	303
scope of their certification or credentials as members of the	304
profession of alcoholism counseling, drug abuse counseling, or	305
chemical dependency counseling, or as alcoholism oralcohol and	306
other drug abuse prevention consultants or specialists;	307

(8) Individuals who hold a license or certificate under	308
Chapter 4758. of the Revised Code who are acting within the scope	309
of their license or certificate as members of the profession of	310
chemical dependency counseling or alcohol and other drug	311
prevention services;	312

(9) Any person employed by the American red cross while	313
engaging in activities relating to services for military families	314
and veterans and disaster relief, as described in the "American	315
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	316
amended;	317

(9)(10) Members of labor organizations who hold union	318
counselor certificates while performing services in their official	319
capacity as union counselors;	320

(10)(11) Any person employed in a hospital as defined in	321
section 3727.01 of the Revised Code or in a nursing home as	322
defined in section 3721.01 of the Revised Code while providing as	323
a hospital employee or nursing home employee, respectively, social	324
services other than counseling and the use of psychosocial	325
interventions and social psychotherapy.	326

(B) Divisions (A)(5), (8)(9), and (10)(11) of this section	327
do not prevent a person described in those divisions from	328
obtaining a license or certificate of registration under this	329
chapter.	330

Sec. 4758.01. As used in this chapter:

331

(A) "Accredited educational institution" means an	332
educational institution accredited by an accrediting agency	333
accepted by the Ohio board of regents.	334

(B)(1) "Alcohol and other drug clinical counseling	335
principles, methods, or procedures" means an approach to chemical	336
dependency counseling that emphasizes the chemical dependency	337
counselor's role in systematically assisting clients through all	338
of the following:	339

(a) Analyzing background and current information;

340

(b) Exploring possible solutions;

341

(c) Developing and providing a treatment plan;

342

(d) In the case of an independent chemical dependency	343
counselor or chemical dependency counselor III only, diagnosing	344
chemical dependency conditions.	345

(2) "Alcohol and other drug clinical counseling principles,	346
methods, or procedures" includes counseling, assessing,	347
consulting, and referral as they relate to chemical dependency	348
conditions.	349

(C) "Alcohol and other drug prevention services" means a	350
planned process of strategies and activities designed to preclude	351
the onset of the use of alcohol and other drugs, reduce	352
problematic use of alcohol and other drugs, or both.	353

(D) "Chemical dependency conditions" means those conditions	354
relating to the abuse of or dependency on alcohol or other drugs	355
that are classified in accepted nosologies, including the	356
diagnostic and statistical manual of mental disorders and the	357
international classification of diseases, and in editions of those	358
nosologies published after the effective date of this section.	359

(E) "Chemical dependency counseling" means rendering or	360
offering to render to individuals, groups, or the public a	361
counseling service involving the application of alcohol and other	362
drug clinical counseling principles, methods, or procedures to	363
assist individuals who are abusing or dependent on alcohol or	364
other drugs.	365

(F) "Scope of practice" means the services, methods, and	366
techniques in which and the areas for which a person who holds a	367
license or certificate under this chapter is trained and	368
qualified.	369

Sec. 4758.02. (A) Effective two years after the date the	370
department of alcohol and drug addiction services ceases to	371
administer its certification and credentialing process under	372
section 3793.07 of the Revised Code as specified in division (B)	373
of that section and except as provided in sections 4758.03 and	374
4758.04 of the Revised Code, no person shall do any of the	375
following:	376

(1) Engage in or represent to the public that the person	377
engages in chemical dependency counseling for a fee, salary, or	378
other consideration unless the person holds a valid independent	379
chemical dependency counselor license, chemical dependency	380
counselor III license, chemical dependency counselor II license,	381
chemical dependency counselor I certificate, or chemical	382
dependency counselor assistant certificate issued under this	383
chapter;	384

(2) Use the title "licensed independent chemical dependency	385
counselor," "LICDC," "licensed chemical dependency counselor III,"	386
"LCDC III," "licensed chemical dependency counselor II," "LCDC	387
II," "certified chemical dependency counselor I," "CCDC I,"	388
"chemical dependency counselor assistant," "CDCA," or any other	389
title or description incorporating the word "chemical dependency	390
counselor" or any other initials used to identify persons acting	391
in those capacities unless currently authorized under this chapter	392
to act in the capacity indicated by the title or initials;	393

(3) Represent to the public that the person is a registered	394
applicant unless the person holds a valid registered applicant	395
certificate issued under this chapter;	396

(4) Use the title "certified prevention specialist II,"	397
"CPS II," "certified prevention specialist I," "CPS I,"	398
"registered applicant," or any other title, description, or	399
initials used to identify persons acting in those capacities	400
unless currently authorized under this chapter to act in the	401
capacity indicated by the title or initials.	402

(B) Effective six years after the effective date of this	403
section, no person shall engage in or represent to the public that	404
the person engages in chemical dependency counseling as a chemical	405
dependency counselor I.	406

Sec. 4758.03. Division (A) of section 4758.02 of the Revised	407
Code does not apply to any of the following:	408

(A) An individual who holds a valid license, registration,	409
certificate, or credentials issued under another chapter of the	410
Revised Code while performing services within the recognized	411
scope, standards, and ethics of the individual's profession;	412

(B) An individual who is a rabbi, priest, Christian Science	413
practitioner, clergy, or member of a religious order and other	414
individuals participating with them in pastoral counseling when	415
the chemical dependency counseling activities are within the scope	416
of the performance of their regular or specialized ministerial	417
duties and are performed under the auspices or sponsorship of an	418
established and legally cognizable church, denomination, or sect	419
or an integrated auxiliary of a church as defined in paragraph (h)	420
of 26 Code of Federal Regulations 1.6033-2 (2000) as amended, and	421
the individual rendering the service remains accountable to the	422
established authority of that church, denomination, sect, or	423
integrated auxiliary;	424

(C) A student in an accredited educational institution	425
while carrying out activities that are part of the student's	426
prescribed course of study if the activities are supervised as	427
required by the educational institution and the student is not	428
represented as an individual who holds a license or certificate	429
issued under this chapter.	430

Sec. 4758.04. After the date the department of alcohol and	431
drug addiction services ceases to administer its certification and	432
credentialing process under section 3793.07 of the Revised Code as	433
specified in division (B) of that section, an individual who	434
holds, on the effective date of this section, a valid certificate	435
or credentials that are accepted under section 3793.07 of the	436
Revised Code as authority to practice as a chemical dependency	437
counselor or alcohol and other drug prevention specialist may	438
apply to the chemical dependency professionals board for the board	439
to delay the expiration date of the individual's certificate or	440
credentials. If the board determines that there is good cause for	441
delaying the expiration date, the board may delay the expiration	442
date until a date the board specifies. The date the board	443
specifies shall not be later than the date that is three years	444
after the effective date of the board's initial rules adopted	445
under section 4758.20 of the Revised Code.	446

An individual who has the expiration date of the	447
individual's certificate or credentials delayed under this section	448
may perform services within the scope, standards, and ethics of	449
the certificate or credentials until the date of the delayed	450
expiration date.	451

Sec. 4758.06. No individual who holds or has held a license	452
or certificate issued under this chapter shall disclose any	453
information regarding the identity, diagnosis, or treatment of any	454
of the individual's clients or consumers except for the purposes	455
and under the circumstances expressly authorized by 42 U.S.C.A.	456
290dd-2, regulations promulgated pursuant to that federal law,	457
other federal law enacted after the effective date of this section	458
to replace 42 U.S.C.A. 290dd-2, or regulations promulgated under	459
the replacement federal law. The prohibition of this section	460
applies whether or not the information is recorded.	461

Sec. 4758.10. (A) There is hereby created the chemical	462
dependency professionals board.	463

(B) The governor shall appoint all of the following	464
voting members of the board with the advice and consent of the	465
senate:	466

(1) Four individuals who hold a valid independent chemical	467
dependency counselor license issued under this chapter, including	468
at least two of whom have received at least a master's degree in a	469
field related to chemical dependency counseling from an accredited	470
educational institution;	471

(2) Two individuals who hold a valid chemical dependency	472
counselor III license issued under this chapter;	473

(3) One individual who holds a valid chemical dependency	474
counselor II license issued under this chapter;	475

(4) Two individuals who hold a valid prevention specialist	476
II certificate or prevention specialist I certificate issued under	477
this chapter;	478

(5) One individual who is authorized under Chapter 4731. of	479
the Revised Code to practice medicine and surgery or osteopathic	480
medicine and surgery and has experience practicing in a field	481
related to chemical dependency counseling;	482

(6) Two individuals who represent the public and have not	483
practiced chemical dependency counseling or alcohol and other drug	484
prevention services and have not been involved in the delivery of	485
chemical dependency counseling services or alcohol and other drug	486
prevention services. At least one of these individuals shall be	487
at least sixty years of age. During their terms, the public	488
members shall not practice chemical dependency counseling or	489
alcohol and other drug prevention services or be involved in the	490
delivery of chemical dependency counseling services or alcohol and	491
other drug prevention services.	492

(C) Not later than ninety days after the effective date of	493
this section, the director of alcohol and drug addiction services	494
shall appoint an individual who represents the department of	495
alcohol and drug addiction services to serve as an ex officio	496
member of the chemical dependency professionals board.	497

(D) Not more than one-half of the voting members of the	498
board may be of the same gender or members of the same political	499
party. At least two voting members of the board shall be of	500
African, Native American, Hispanic, or Asian descent.	501

Sec. 4758.11. Of the initial appointees to the chemical	502
dependency professionals board appointed by the governor under	503
division (B) of section 4758.10 of the Revised Code, four shall be	504
appointed for terms ending one year after the effective date of	505
this section, four shall be appointed for terms ending two years	506
after the effective date of this section, and four shall be	507
appointed for terms ending three years after the effective date of	508
this section. After the initial appointments, terms of office	509
shall be three years, each term ending on the same day of the same	510
month of the year as the term it succeeds.	511

A voting member of the board shall hold office from the date	512
of appointment until the end of the term for which the member was	513
appointed. A voting member appointed to fill a vacancy occurring	514
prior to the expiration of the term for which the member's	515
predecessor was appointed shall hold office for the remainder of	516
that term. A voting member shall continue in office after the	517
expiration date of the member's term until the member's successor	518
takes office or until a period of sixty days has elapsed,	519
whichever occurs first. Voting members may be reappointed, except	520
that an individual who has held office for two consecutive full	521
terms shall not be reappointed sooner than one year after the	522
expiration of the second full term.	523

The ex officio member of the board appointed by the director	524
of alcohol and drug addiction services under division (C) of	525
section 4758.10 of the Revised Code shall serve at the pleasure of	526
the director.	527

Sec. 4758.12. The voting members of the chemical dependency	528
professionals board shall receive an amount fixed under division	529
(J) of section 124.15 of the Revised Code for each day employed in	530
the discharge of their official duties as board members and shall	531
be reimbursed for their necessary and actual expenses incurred in	532
the performance of their official duties.	533

Sec. 4758.13. The chemical dependency professionals board	534
shall meet to discuss matters relating to the administration and	535
operation of the board and the regulation of the practices of	536
chemical dependency counseling and alcohol and other drug	537
prevention services. The board shall hold at least one regular	538
meeting every three months. Additional meetings may be held at	539
such times as the board determines, on the call of the	540
chairperson, or on the written request to the executive director	541
of three or more voting board members. If three or more voting	542
members request a meeting, the executive director shall call a	543
meeting, which shall be held not later than seven days after the	544
request is received.	545

Seven voting members of the board constitute a quorum to	546
conduct business. Except as provided in section 4758.32 of the	547
Revised Code, no action shall be taken without the concurrence of	548
at least a quorum.	549

At its first meeting each year, the board shall elect a	550
chairperson from among its voting members. No member shall serve	551
more than two consecutive terms as chairperson.	552

The board shall keep any records and minutes necessary to	553
fulfill the duties established by this chapter and rules adopted	554
under it.	555

Sec. 4758.15. The chemical dependency professionals board	556
shall employ an executive director. The board may employ and	557
prescribe the powers and duties of employees and consultants as	558
are necessary for it to carry out the board's duties under this	559
chapter and the rules adopted under it.	560

Sec. 4758.16. The chemical dependency professionals board	561
shall not discriminate against any licensee, certificate holder,	562
or applicant for a license or certificate under this chapter	563
because of the individual's race, color, religion, gender,	564
national origin, disability as defined in section 4112.01 of the	565
Revised Code, or age. The board shall afford a hearing to any	566
individual who files with the board a statement alleging	567
discrimination based on any of those reasons.	568

Sec. 4758.17. The chemical dependency professionals board	569
shall adopt a seal to authenticate its records and proceedings.	570

A statement, signed by the executive director of the board	571
to which is affixed the official seal of the board, to the effect	572
that an individual specified in the statement does not currently	573
hold a license or certificate under this chapter or that a license	574
or certificate issued by the board under this chapter has been	575
revoked or suspended, shall be received as prima-facie evidence of	576
a record of the board in any court or before any officer of the	577
state.	578

Sec. 4758.18. The chemical dependency professionals board	579
shall include the board's address and telephone number on each	580
license and certificate it issues under this chapter.	581

Sec. 4758.20. (A) The chemical dependency professionals	582
board shall adopt rules to establish, specify, or provide for all	583
of the following:	584

(1) Fees for the purposes authorized by section 4758.21 of	585
the Revised Code;	586

(2) For the purpose of section 4758.23 of the Revised Code,	587
codes of ethical practice and professional conduct for individuals	588
who hold a license or certificate issued under this chapter;	589

(3) For the purpose of section 4758.24 of the Revised Code,	590
all of the following:	591

(a) Good moral character requirements for an individual who	592
seeks or holds a license or certificate issued under this chapter;	593

(b) The documents that an individual seeking such a license	594
or certificate must submit to the board;	595

(c) Requirements to obtain the license or certificate that	596
are in addition to the requirements established under sections	597
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, and 4758.45 of the	598
Revised Code. The additional requirements may include	599
preceptorships.	600

(4) Procedures for renewal of a chemical dependency	601
counselor I license under section 4758.27 of the Revised Code;	602

(5) For the purpose of section 4758.28 of the Revised Code,	603
requirements for approval of continuing education courses of study	604
for individuals who hold a license or certificate issued under	605
this chapter;	606

(6) For the purpose of section 4758.30 of the Revised Code,	607
the intervention for and treatment of an individual holding a	608
license or certificate issued under this chapter whose abilities	609
to practice are impaired due to abuse of or dependency on alcohol	610
or other drugs or other physical or mental condition;	611

(7) Requirements governing reinstatement of a suspended or	612
revoked license or certificate under division (B) of section	613
4758.30 of the Revised Code, including requirements for	614
determining the amount of time an individual must wait to apply	615
for reinstatement;	616

(8) For the purpose of section 4758.31 of the Revised Code,	617
methods of ensuring that all records the board holds pertaining to	618
an investigation remain confidential during the investigation;	619

(9) Criteria for employees of the board to follow when	620
performing their duties under division (B) of section 4758.35 of	621
the Revised Code;	622

(10) For the purpose of division (A)(1) of section 4758.40	623
of the Revised Code, course requirements for a master's degree in	624
behavioral sciences that shall, at a minimum, include at least	625
sixty quarter hours, or the equivalent number of semester hours,	626
in all of the following courses:	627

(a) Theories of counseling and psychotherapy;

628

(b) Counseling procedures;

629

(c) Group process and techniques;

630

(d) Relationship therapy;

631

(e) Research methods and statistics;

632

(f) Fundamentals of assessment and diagnosis, including	633
measurement and appraisal;	634

(g) Psychopathology;

635

(h) Human development;

636

(i) Cultural competence in counseling;

637

(j) Ethics.

638

(11) For the purpose of division (A)(3) of section 4758.40,	639
division (A)(3) of section 4758.41, and division (A)(3) of section	640
4758.42, training requirements for chemical dependency that shall,	641
at a minimum, include qualifications for the individuals who	642
provide the training and instruction in all of the following	643
courses:	644

(a) Theories of addiction;

645

(b) Counseling procedures and strategies with addicted	646
populations;	647

(c) Group process and techniques working with addicted	648
populations;	649

(d) Assessment and diagnosis of addiction;

650

(e) Relationship counseling with addicted populations;

651

(f) Pharmacology;

652

(g) Prevention strategies;

653

(h) Treatment planning;

654

(i) Legal and ethical issues.

655

(12) For the purpose of division (B)(2)(b) of section	656
4758.40 and division (B)(2) of section 4758.41 of the Revised	657
Code, requirements for the forty clock hours of training on the	658
version of the diagnostic and statistical manual of mental	659
disorders that is current at the time of the training, including	660
the number of the clock hours that must be on substance-related	661
disorders and the number of the clock hours that must be on	662
awareness of other mental and emotional disorders;	663

(13) For the purpose of division (A)(1) of section 4758.41	664
of the Revised Code, course requirements for a bachelor's degree	665
in behavioral sciences;	666

(14) For the purpose of division (A) of section 4758.43 of	667
the Revised Code, training requirements for chemical dependency	668
counseling that shall, at a minimum, include qualifications for	669
the individuals who provide the training and instruction in one or	670
more of the courses listed in division (A)(11) of this section as	671
selected by the individual seeking the chemical dependency	672
counselor assistant certificate;	673

(15) For the purpose of division (A)(3) of section 4758.44,	674
division (A)(3) of section 4758.45, and division (A)(2) of section	675
4758.53 of the Revised Code, requirements for prevention-related	676
education;	677

(16) For the purpose of section 4758.51 of the Revised	678
Code, continuing education requirements for individuals who hold a	679
license or certificate issued under this chapter;	680

(17) For the purpose of section 4758.51 of the Revised	681
Code, the number of hours of continuing education that an	682
individual must complete to have an expired license or certificate	683
restored under section 4758.26 of the Revised Code;	684

(18) For the purpose of section 4758.53 of the Revised	685
Code, the requirements an individual holding a registered	686
applicant certificate must complete to take an examination	687
administered pursuant to section 4758.22 of the Revised Code to	688
obtain a prevention specialist II certificate or prevention	689
specialist I certificate and the documentation the individual	690
must submit to the board showing that the individual has completed	691
the requirements;	692

(19) The method of determining the amount of time an	693
individual must wait to apply to the board for a new registered	694
applicant certificate under division (B) of section 4758.53 of the	695
Revised Code;	696

(20) The duties of an independent chemical dependency	697
counselor licensed under this chapter who supervises a chemical	698
dependency counselor III under section 4758.56, independent	699
chemical dependency counselor or chemical dependency counselor III	700
who supervises a chemical dependency counselor assistant under	701
section 4758.59, or prevention specialist II or prevention	702
specialist I certified under this chapter who supervises a	703
registered applicant under section 4758.61 of the Revised Code.	704
The duties may differ.	705

(21) Anything else necessary to administer this chapter.

706

(B) All rules adopted under this section shall be adopted in	707
accordance with Chapter 119. of the Revised Code and any	708
applicable federal laws and regulations. Initial rules shall be	709
adopted not later than nine months after the effective date of	710
this section.	711

(C) When it adopts rules under this section, the board may	712
consider standards established by any national association or	713
other organization representing the interests of those involved in	714
chemical dependency counseling or alcohol and other drug	715
prevention services.	716

Sec. 4758.21. (A) In accordance with rules adopted under	717
section 4758.20 of the Revised Code and subject to division (B) of	718
this section, the chemical dependency professionals board shall	719
establish, and may from time to time adjust, fees to be charged	720
for the following:	721

(1) Admitting an individual to an examination administered	722
pursuant to section 4758.22 of the Revised Code;	723

(2) Issuing an initial independent chemical dependency	724
counselor license, chemical dependency counselor III license,	725
chemical dependency counselor II license, chemical dependency	726
counselor assistant certificate, prevention specialist II	727
certificate, prevention specialist I certificate, or registered	728
applicant certificate;	729

(3) Renewing an independent chemical dependency counselor	730
license, chemical dependency counselor III license, chemical	731
dependency counselor II license, chemical dependency counselor I	732
certificate, chemical dependency counselor assistant certificate,	733
prevention specialist II certificate, prevention specialist I	734
certificate, or registered applicant certificate;	735

(4) Approving continuing education courses under section	736
4758.28 of the Revised Code;	737

(5) Doing anything else the board determines necessary to	738
administer this chapter.	739

(B) The fees established under division (A) of this section	740
are nonrefundable. They shall be in amounts sufficient to cover	741
the necessary expenses of the board in administering this chapter	742
and rules adopted under it. The fees for a license or certificate	743
and the renewal of a license or certificate may differ for the	744
various types of licenses and certificates, but shall not exceed	745
one hundred seventy-five dollars each, unless the board determines	746
that amounts in excess of one hundred seventy-five dollars are	747
needed to cover its necessary expenses in administering this	748
chapter and rules adopted under it and the amounts in excess of	749
one hundred seventy-five dollars are approved by the controlling	750
board.	751

(C) All vouchers of the board shall be approved by the	752
chairperson or executive director of the board, or both, as	753
authorized by the board.	754

Sec. 4758.22. The chemical dependency professionals board	755
shall prepare, cause to be prepared, or procure the use of, and	756
grade, cause to be graded, or procure the grading of, examinations	757
to determine the competence of individuals seeking an independent	758
chemical dependency counselor license, chemical dependency	759
counselor III license, chemical dependency counselor II license,	760
prevention specialist II certificate, or prevention specialist I	761
certificate. The board may develop the examinations or use	762
examinations prepared by state or national organizations that	763
represent the interests of those involved in chemical dependency	764
counseling or alcohol and other drug prevention services. The	765
board shall conduct examinations at least twice each year and	766
shall determine the level of competence necessary for a passing	767
score.	768

An individual may not sit for an examination administered	769
pursuant to this section unless the individual meets the	770
requirements to obtain the license or certificate the individual	771
seeks, other than the requirement to have passed the examination,	772
and pays the fee established under section 4758.21 of the Revised	773
Code. An individual who is denied admission to the examination	774
may appeal the denial in accordance with Chapter 119. of the	775
Revised Code.	776

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	777
the Revised Code, the chemical dependency professionals board	778
shall establish codes of ethical practice and professional conduct	779
for the following:	780

(1) Individuals who hold a valid independent chemical	781
dependency counselor license, chemical dependency counselor III	782
license, chemical dependency counselor II license, chemical	783
dependency counselor I certificate, or chemical dependency	784
counselor assistant certificate issued under this chapter;	785

(2) Individuals who hold a valid prevention specialist II	786
certificate, prevention specialist I certificate, or registered	787
applicant certificate issued under this chapter.	788

(B) The codes for individuals identified under division	789
(A)(1) of this section shall define unprofessional conduct, which	790
shall include engaging in a dual relationship with a client,	791
former client, consumer, or former consumer; committing an act of	792
sexual abuse, misconduct, or exploitation of a client, former	793
client, consumer, or former consumer; and, except as permitted by	794
law, violating client or consumer confidentiality.	795

(C) The codes for individuals identified under division	796
(A)(1) of this section may be based on any codes of ethical	797
practice and professional conduct developed by national	798
associations or other organizations representing the interests of	799
those involved in chemical dependency counseling. The codes for	800
individuals identified under division (A)(2) of this section may	801
be based on any codes of ethical practice and professional conduct	802
developed by national associations or other organizations	803
representing the interests of those involved in alcohol and other	804
drug prevention services. The board may establish standards in	805
the codes that are more stringent than those established by the	806
national associations or other organizations.	807

Sec. 4758.24. (A) The chemical dependency professionals	808
board shall issue a license or certificate under this chapter to	809
an individual who meets all of the following requirements:	810

(1) Is of good moral character as determined in accordance	811
with rules adopted under section 4758.20 of the Revised Code;	812

(2) Submits a properly completed application and all other	813
documentation specified in rules adopted under section 4758.20 of	814
the Revised Code;	815

(3) Pays the fee established under section 4758.21 of the	816
Revised Code for the license or certificate that the individual	817
seeks;	818

(4) Meets the requirements to obtain the license or	819
certificate that the individual seeks as specified in section	820
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, or 4758.45 of the	821
Revised Code;	822

(5) Meets any additional requirements specified in rules	823
adopted under section 4758.20 of the Revised Code to obtain the	824
license or certificate that the individual seeks.	825

(B) The board shall not issue an initial certificate to	826
practice as a chemical dependency counselor I.	827

Sec. 4758.25. (A) The chemical dependency professionals board	828
may enter into a reciprocal agreement with any state that	829
regulates individuals practicing in the same capacities as those	830
regulated under this chapter if the board finds that the state has	831
requirements substantially equivalent to the requirements of this	832
state to receive a license or certificate under this chapter.	833

The board may become a member of a national reciprocity	834
organization that requires its members to have requirements	835
substantially equivalent to the requirements of this state to	836
receive a license or certificate to practice in the same	837
capacities as those regulated under this chapter. If the board	838
becomes a member of such an organization, the board shall consider	839
itself to have a reciprocal agreement with the other states that	840
are also members of the organization.	841

(B) The board may, by endorsement, issue the appropriate	842
license or certificate to a resident of a state with which the	843
board does not have a reciprocal agreement if both of the	844
following apply:	845

(1) The board finds that the state has requirements	846
substantially equivalent to the requirements of this state for	847
receipt of a license or certificate under this chapter.	848

(2) The individual submits proof satisfactory to the board	849
of being currently authorized to practice by that state.	850

(C) A license or certificate obtained by reciprocity or	851
endorsement under this section may be renewed or restored under	852
section 4758.26 of the Revised Code if the individual holding the	853
license or certificate satisfies the renewal or restoration	854
requirements established by that section. An individual holding a	855
license or certificate obtained by reciprocity or endorsement	856
under this section may obtain, under section 4758.24 of the	857
Revised Code, a different license or certificate available under	858
this chapter if the individual meets all of the requirements as	859
specified in that section for the license or certificate the	860
individual seeks.	861

Sec. 4758.26. (A) Except as provided in section 4758.27 of	862
the Revised Code, a license or certificate issued under this	863
chapter, other than a registered applicant certificate, expires	864
two years after it is issued and may be renewed in accordance with	865
the standard renewal procedure established under Chapter 4745. of	866
the Revised Code.	867

(B) Subject to section 4758.30 of the Revised Code and	868
except as provided in section 4758.27 of the Revised Code, the	869
chemical dependency professionals board shall renew a license or	870
certificate issued under this chapter, other than a registered	871
applicant certificate, if the individual seeking the renewal pays	872
the renewal fee established under section 4758.21 of the Revised	873
Code and satisfies the continuing education requirements	874
established under section 4758.51 of the Revised Code.	875

(C) Except as provided in section 4758.27 of the Revised	876
Code, a license or certificate issued under this chapter, other	877
than a registered applicant certificate, that has expired may be	878
restored if the individual seeking the restoration, not later than	879
two years after the license or certificate expires, applies for	880
restoration of the license or certificate. The board shall issue	881
a restored license or certificate to the individual if the	882
individual pays the renewal fee established under section 4758.21	883
of the Revised Code and satisfies the continuing education	884
requirements established under section 4758.51 of the Revised Code	885
for restoring the license or certificate. The board shall not	886
require an individual to take an examination as a condition of	887
having an expired license or certificate restored under this	888
section.	889

Sec. 4758.27. Until the date that is six years after the	890
effective date of this section, the chemical dependency	891
professionals board shall renew a certificate that on the	892
effective date of this section is accepted under section 3793.07	893
of the Revised Code as authority to practice as a chemical	894
dependency counselor I if the individual holding the certificate	895
renews the certificate in accordance with rules adopted under	896
section 4758.20 of the Revised Code and pays the renewal fee	897
established under section 4758.21 of the Revised Code. Subsequent	898
renewals shall be done under section 4758.27 of the Revised Code.	899

After the date that is six years after the effective date of	900
this section, the board shall not renew under this section, or	901
renew or restore under section 4758.26 of the Revised Code, a	902
certificate to practice as a certified chemical dependency	903
counselor I.	904

Sec. 4758.28. The chemical dependency professionals board	905
shall approve, in accordance with rules adopted under section	906
4758.20 of the Revised Code and subject to payment of the fee	907
established under section 4758.21 of the Revised Code, continuing	908
education courses of study for individuals who hold a license or	909
certificate issued under this chapter.	910

Sec. 4758.29.  On receipt of a notice pursuant to section	911
3123.43 of the Revised Code, the chemical dependency professionals	912
board shall comply with sections 3123.41 to 3123.50 of the Revised	913
Code and any applicable rules adopted under section 3123.63 of the	914
Revised Code with respect to a license or certificate issued	915
pursuant to this chapter.	916

Sec. 4758.30. (A) The chemical dependency professionals	917
board, in accordance with Chapter 119. of the Revised Code, may	918
refuse to issue a license or certificate applied for under this	919
chapter; refuse to renew a license or certificate issued under	920
this chapter; suspend, revoke, or otherwise restrict a license or	921
certificate issued under this chapter; or reprimand an individual	922
holding a license or certificate issued under this chapter. These	923
actions may be taken by the board regarding the applicant for a	924
license or certificate or the individual holding a license or	925
certificate for one or more of the following reasons:	926

(1) Violation of any provision of this chapter or rules	927
adopted under it;	928

(2) Knowingly making a false statement on an application	929
for a license or certificate or for renewal, restoration, or	930
reinstatement of a license or certificate;	931

(3) Acceptance of a commission or rebate for referring an	932
individual to a person who holds a license or certificate issued	933
by, or who is registered with, an entity of state government,	934
including persons practicing chemical dependency counseling,	935
alcohol and other drug prevention services, or fields related to	936
chemical dependency counseling or alcohol and other drug	937
prevention services;	938

(4) Conviction in this or any other state of any crime that	939
is a felony in this state;	940

(5) Conviction in this or any other state of a misdemeanor	941
committed in the course of practice as an independent chemical	942
dependency counselor, chemical dependency counselor III, chemical	943
dependency counselor II, chemical dependency counselor I, chemical	944
dependency counselor assistant, prevention specialist II,	945
prevention specialist I, or registered applicant;	946

(6) Inability to 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 due to abuse of	951
or dependency on alcohol or other drugs or other physical or	952
mental condition;	953

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

954

(8) Practicing without complying with the supervision	955
requirements specified under section 4758.56, 4758.59, or 4758.61	956
of the Revised Code;	957

(9) Violation of the code of ethical practice and	958
professional conduct for chemical dependency counseling or alcohol	959
and other drug prevention services adopted by the board pursuant	960
to section 4758.23 of the Revised Code;	961

(10) Revocation of a license or certificate or voluntary	962
surrender of a license or certificate in another state or	963
jurisdiction for an offense that would be a violation of this	964
chapter.	965

(B) An individual whose license or certificate has been	966
suspended or revoked under this section may apply to the board for	967
reinstatement after an amount of time the board shall determine in	968
accordance with rules adopted under section 4758.20 of the Revised	969
Code. The board may accept or refuse an application for	970
reinstatement. The board may require an examination for	971
reinstatement of a license or certificate that has been suspended	972
or revoked.	973

Sec. 4758.31. The chemical dependency professionals board	974
shall investigate alleged violations of this chapter or the rules	975
adopted under it and alleged irregularities in the delivery of	976
chemical dependency counseling services or alcohol and other drug	977
prevention services by individuals who hold a license or	978
certificate issued under this chapter. As part of an	979
investigation, the board may issue subpoenas, examine witnesses,	980
and administer oaths.	981

The board may receive any information necessary to conduct	982
an investigation under this section that has been obtained in	983
accordance with federal laws and regulations. If the board is	984
investigating the provision of chemical dependency counseling	985
services to a couple or group, it is not necessary for both	986
members of the couple or all members of the group to consent to	987
the release of information relevant to the investigation.	988

The board shall ensure, in accordance with rules adopted	989
under section 4758.20 of the Revised Code, that all records it	990
holds pertaining to an investigation remain confidential during	991
the investigation. After the investigation, the records are	992
public records except as otherwise provided by federal or state	993
law.	994

Sec. 4758.32. For any hearing it conducts under this chapter,	995
the chemical dependency professionals board may appoint one of its	996
voting members to act on behalf of the board. It is not necessary	997
that the member be an attorney to be appointed. The board shall	998
make the appointment in writing.	999

A finding or order of a member appointed to act on behalf of	1000
the board is a finding or order of the board when confirmed by the	1001
board.	1002

Sec. 4758.35. (A) An individual seeking a license or	1003
certificate issued under this chapter shall file with the chemical	1004
dependency professionals board a written application on a form	1005
prescribed by the board. Each form shall state that a false	1006
statement made on the form is the crime of falsification under	1007
section 2921.13 of the Revised Code.	1008

(B) The board shall require an individual or individuals	1009
employed by the board under section 4758.15 of the Revised Code to	1010
do both of the following in accordance with criteria established	1011
by rules adopted under section 4758.20 of the Revised Code:	1012

(1) Receive and review all applications submitted to the	1013
board;	1014

(2) Submit to the board all applications the individual or	1015
individuals recommend the board review based on the criteria	1016
established in the rules.	1017

(C) The board shall review all applications submitted to	1018
the board pursuant to division (B)(2) of this section.	1019

Sec. 4758.36. As part of the review process under division	1020
(C) of section 4758.35 of the Revised Code of an application	1021
submitted by an applicant who has obtained the applicant's	1022
education, experience in chemical dependency counseling or alcohol	1023
and other drug prevention services, or education and experience	1024
outside the United States, the chemical dependency professionals	1025
board shall determine whether the applicant's command of the	1026
English language and education or experience meet the standards	1027
required by this chapter and rules adopted under it.	1028

Sec. 4758.40. An individual seeking an independent chemical	1029
dependency counselor license shall meet either of the following	1030
requirements:	1031

(A) Meet all of the following requirements:

1032

(1) Hold from an accredited educational institution a	1033
master's degree in behavioral sciences that meets the course	1034
requirements specified in rules adopted under section 4758.20 of	1035
the Revised Code;	1036

(2) Have not less than four thousand hours of compensated	1037
work experience in either of the following, not less than eight	1038
hundred hours of which are in chemical dependency counseling:	1039

(a) Chemical dependency services, substance abuse services,	1040
or both types of services;	1041

(b) The practice of psychology, as defined in section	1042
4732.01 of the Revised Code, or the practice of professional	1043
counseling or the practice of social work, both as defined in	1044
section 4757.01 of the Revised Code.	1045

(3) Have a minimum of two hundred seventy hours of training	1046
in chemical dependency that meets the requirements specified in	1047
rules adopted under section 4758.20 of the Revised Code;	1048

(4) Pass one or more examinations administered pursuant to	1049
section 4758.22 of the Revised Code for the purpose of determining	1050
competence to practice as an independent chemical dependency	1051
counselor.	1052

(B) Meet both of the following requirements:

1053

(1) Hold, on the effective date of this section, a	1054
certificate or credentials that were accepted under section	1055
3793.07 of the Revised Code as authority to practice as a	1056
certified chemical dependency counselor III or certified chemical	1057
dependency counselor III-E;	1058

(2) Meet one of the following requirements:

1059

(a) Hold the degree described in division (A)(1) of this	1060
section;	1061

(b) Have held a chemical dependency counselor III, II, or I	1062
certificate for at least eight consecutive years and have not less	1063
than forty clock hours of training on the version of the	1064
diagnostic and statistical manual of mental disorders that is	1065
current at the time of the training. The training must meet the	1066
requirements specified in rules adopted under section 4758.20 of	1067
the Revised Code and have been provided by an individual	1068
authorized under Chapter 4731. of the Revised Code to practice	1069
medicine and surgery or osteopathic medicine and surgery, a	1070
psychologist licensed under Chapter 4732. of the Revised Code, or	1071
a professional clinical counselor or independent social worker	1072
licensed under Chapter 4757. of the Revised Code.	1073

Sec. 4758.41. An individual seeking a chemical dependency	1074
counselor III license shall meet any of the following	1075
requirements:	1076

(A) Meet all of the following requirements:

1077

(1) Hold from an accredited educational institution a	1078
bachelor's degree in a behavioral science that meets the course	1079
requirements specified in rules adopted under section 4758.20 of	1080
the Revised Code;	1081

(2) Have not less than four thousand hours of compensated	1082
work experience in either of the following, not less than eight	1083
hundred work hours of which are in chemical dependency counseling:	1084

(a) Chemical dependency services, substance abuse services,	1085
or both types of services;	1086

(b) The practice of psychology, as defined in section	1087
4732.01 of the Revised Code, or the practice of professional	1088
counseling or the practice of social work, both as defined in	1089
section 4757.01 of the Revised Code.	1090

(3) Have a minimum of two hundred seventy hours of training	1091
in chemical dependency that meets the requirements specified in	1092
rules adopted under section 4758.20 of the Revised Code;	1093

(4) Pass one or more examinations administered pursuant to	1094
section 4758.22 of the Revised Code for the purpose of determining	1095
competence to practice as a chemical dependency counselor III.	1096

(B) Meet both of the following requirements:

1097

(1) Hold, on the effective date of this section, a	1098
certificate or credentials that were accepted under section	1099
3793.07 of the Revised Code as authority to practice as a	1100
certified chemical dependency counselor III or certified chemical	1101
dependency counselor III-E;	1102

(2) Have not less than forty clock hours of training on the	1103
version of the diagnostic and statistical manual of mental	1104
disorders that is current at the time of the training. The	1105
training must meet the requirements specified in rules adopted	1106
under section 4758.20 of the Revised Code and have been provided	1107
by an individual authorized under Chapter 4731. of the Revised	1108
Code to practice medicine and surgery or osteopathic medicine and	1109
surgery, a psychologist licensed under Chapter 4732. of the	1110
Revised Code, or a professional clinical counselor or independent	1111
social worker licensed under Chapter 4757. of the Revised Code.	1112

(C) Meet all of the following requirements:

1113

(1) Hold, on the effective date of this section, a	1114
certificate or credentials that were accepted under section	1115
3793.07 of the Revised Code as authority to practice as a	1116
certified chemical dependency counselor II;	1117

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

1118

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

1119

Sec. 4758.42. An individual seeking a chemical dependency	1120
counselor II license shall meet either of the following	1121
requirements:	1122

(A) Meet all of the following requirements:

1123

(1) Hold from an accredited educational institution an	1124
associate's degree in a behavioral science or a bachelor's degree	1125
in any field;	1126

(2)(a) If the individual holds an associate's degree, have	1127
not less than five thousand hours of compensated or volunteer	1128
work, field placement, intern, or practicum experience in either	1129
of the following, not less than one thousand hours of which are in	1130
chemical dependency counseling:	1131

(i) Chemical dependency services, substance abuse services,	1132
or both types of services;	1133

(ii) The practice of psychology, as defined in section	1134
4732.01 of the Revised Code, or the practice of professional	1135
counseling or the practice of social work, both as defined in	1136
section 4757.01 of the Revised Code.	1137

(b) If the individual holds a bachelor's degree, have not	1138
less than six thousand hours of compensated or volunteer work,	1139
field placement, intern, or practicum experience in either of the	1140
following, not less than one thousand two hundred hours of which	1141
are in chemical dependency counseling:	1142

(i) Chemical dependency services, substance abuse services,	1143
or both types of services;	1144

(ii) The practice of psychology, as defined in section	1145
4732.01 of the Revised Code, or the practice of professional	1146
counseling or the practice of social work, both as defined in	1147
section 4757.01 of the Revised Code.	1148

(3) Have a minimum of two hundred seventy hours of training	1149
in chemical dependency that meets the requirements specified in	1150
rules adopted under section 4758.20 of the Revised Code;	1151

(4) Pass one or more examinations administered pursuant to	1152
section 4758.22 of the Revised Code for the purpose of determining	1153
competence to practice as a chemical dependency counselor II.	1154

(B) Meet both of the following requirements:

1155

(1) Hold a degree described in division (A)(1) of this	1156
section;	1157

(2) Hold, on the effective date of this section, a	1158
certificate or credentials that were accepted under section	1159
3793.07 of the Revised Code as authority to practice as a	1160
certified chemical dependency counselor II.	1161

Sec. 4758.43. An individual seeking a chemical dependency	1162
counselor assistant certificate shall meet either of the following	1163
requirements:	1164

(A) Have at least forty hours of training in chemical	1165
dependency counseling that meets the requirements specified in	1166
rules adopted under section 4758.20 of the Revised Code.	1167

(B) Hold, on the effective date of this section, a	1168
certificate or credentials that were accepted under section	1169
3793.07 of the Revised Code as authority to practice as a	1170
registered candidate.	1171

Sec. 4758.44. An individual seeking a prevention specialist	1172
II certificate shall meet either of the following requirements:	1173

(A) Meet all of the following requirements:

1174

(1) Have compensated work experience in which not less than	1175
fifty per cent of the individual's time was devoted to planning,	1176
coordinating, or delivering alcohol and other drug prevention	1177
services;	1178

(2) Have one of the following:

1179

(a) A bachelor's degree in a behavioral science and at	1180
least six thousand hours of compensated work experience in alcohol	1181
and other drug prevention services;	1182

(b) A master's or doctoral degree in a behavioral science	1183
and at least four thousand hours of compensated work experience in	1184
alcohol and other drug prevention services.	1185

(3) Have at least two hundred seventy hours of	1186
prevention-related education that meets the requirements specified	1187
in rules adopted under section 4758.20 of the Revised Code;	1188

(4) Obtain a registered applicant certificate under this	1189
chapter and comply with the requirements of section 4758.53 of the	1190
Revised Code;	1191

(5) Pass the examination administered pursuant to section	1192
4758.22 of the Revised Code for the purpose of determining	1193
competence to practice as a prevention specialist II.	1194

(B) Hold, on the effective date of this section, a	1195
certificate or credentials that were accepted under section	1196
3793.07 of the Revised Code as authority to practice as a	1197
certified prevention specialist II.	1198

Sec. 4758.45. An individual seeking a prevention specialist I	1199
certificate shall meet either of the following requirements:	1200

(A) Meet all of the following requirements:

1201

(1) Have compensated or volunteer work, field placement,	1202
intern, or practicum experience in which not less than twenty per	1203
cent of the individual's time was devoted to planning or	1204
delivering alcohol and other drug prevention services;	1205

(2) Have one of the following:

1206

(a) At least six thousand hours of compensated or volunteer	1207
work, field placement, intern, or practicum experience in alcohol	1208
and other drug prevention services;	1209

(b) An associate's degree in a behavioral science and at	1210
least four thousand hours of compensated or volunteer work, field	1211
placement, intern, or practicum experience in alcohol and other	1212
drug prevention services;	1213

(c) A bachelor's, master's, or doctoral degree in a	1214
behavioral science and at least two thousand hours of compensated	1215
or volunteer work, field placement, intern, or practicum	1216
experience in alcohol and other drug prevention services.	1217

(3) Have at least one hundred eighty hours of	1218
prevention-related education that meets the requirements specified	1219
in rules adopted under section 4758.20 of the Revised Code;	1220

(4) Obtain a registered applicant certificate under this	1221
chapter and comply with the requirements of section 4758.53 of the	1222
Revised Code;	1223

(5) Pass the examination administered pursuant to section	1224
4758.22 of the Revised Code for the purpose of determining	1225
competence to practice as a prevention specialist I.	1226

(B) Hold, on the effective date of this section, a	1227
certificate or credentials that were accepted under section	1228
3793.07 of the Revised Code as authority to practice as a	1229
certified prevention specialist I.	1230

Sec. 4758.50. An individual who holds a license or	1231
certificate issued under this chapter shall post the license or	1232
certificate in a prominent place at the individual's place of	1233
employment.	1234

Sec. 4758.51. (A) Except as provided in division (B) of this	1235
section and in accordance with rules adopted under section 4758.20	1236
of the Revised Code, each individual who holds a license or	1237
certificate issued under this chapter shall complete during the	1238
period that the license or certificate is in effect not less than	1239
forty clock hours of continuing education as a condition of	1240
receiving a renewed license or certificate. To have an expired	1241
license or certificate restored, an individual shall complete the	1242
number of hours of continuing education specified in rules adopted	1243
under section 4758.20 of the Revised Code.	1244

(B) The chemical dependency professionals board may waive	1245
the continuing education requirements established under this	1246
section for individuals who are unable to fulfill them because of	1247
military service, illness, residence outside the United States, or	1248
any other reason the board considers acceptable.	1249

Sec. 4758.53. (A) Not later than four years after the	1250
effective date of a registered applicant certificate issued under	1251
this chapter, the individual issued the certificate shall submit	1252
to the chemical dependency professionals board documentation	1253
specified in rules adopted under section 4758.20 of the Revised	1254
Code showing that the individual has completed the requirements	1255
specified in those rules to take an examination administered	1256
pursuant to section 4758.22 of the Revised Code to obtain a	1257
prevention specialist II certificate or prevention specialist I	1258
certificate. If the individual submits the required documentation	1259
within the required time, the board shall notify the individual	1260
that the individual meets the requirements to take the	1261
examination. Not later than one year after the board so notifies	1262
the individual, the individual shall take the examination. If the	1263
individual fails the examination, the individual shall do both of	1264
the following:	1265

(1) Retake the examination at least two times per year until	1266
the individual passes the examination;	1267

(2) Not later than two years after the date of the first	1268
examination, renew the registered applicant certificate and	1269
complete forty hours of prevention-related education that meets	1270
the requirements specified in rules adopted under section 4758.20	1271
of the Revised Code.	1272

(B) If an individual holding a registered applicant	1273
certificate fails to meet any of the requirements of division (A)	1274
of this section, the board shall revoke the individual's	1275
registered applicant certificate. The individual may not apply to	1276
the board for a new registered applicant certificate earlier than	1277
a period of time the board shall determine in accordance with	1278
rules adopted under section 4758.20 of the Revised Code.	1279

Sec. 4758.55. An individual holding a valid independent	1280
chemical dependency counselor license may do all of the following:	1281

(A) Diagnose and treat chemical dependency conditions;

1282

(B) Perform treatment planning, assessment, crisis	1283
intervention, individual and group counseling, case management,	1284
and education services as they relate to abuse of and dependency	1285
on alcohol and other drugs;	1286

(C) Refer individuals with nonchemical dependency conditions	1287
to appropriate sources of help.	1288

Sec. 4758.56. (A) An individual holding a valid chemical	1289
dependency counselor III license may do all of the following:	1290

(1) Diagnose chemical dependency conditions under the	1291
supervision of any of the following:	1292

(a) An independent chemical dependency counselor licensed	1293
under this chapter;	1294

(b) An individual authorized under Chapter 4731. of the	1295
Revised Code to practice medicine and surgery or osteopathic	1296
medicine and surgery;	1297

(c) A psychologist licensed under Chapter 4732. of the	1298
Revised Code;	1299

(d) A registered nurse licensed under Chapter 4723. of the	1300
Revised Code or professional clinical counselor or independent	1301
social worker licensed under Chapter 4757. of the Revised Code if	1302
such supervision is consistent with the scope of practice of the	1303
registered nurse, professional clinical counselor, or independent	1304
social worker.	1305

(2) Treat chemical dependency conditions;

1306

(3) Perform treatment planning, assessment, crisis	1307
intervention, individual and group counseling, case management,	1308
and education services as they relate to abuse of and dependency	1309
on alcohol and other drugs;	1310

(4) Refer individuals with nonchemical dependency conditions	1311
to appropriate sources of help.	1312

(B) A chemical dependency counselor III may not practice as	1313
an individual practitioner.	1314

Sec. 4758.57. (A) An individual holding a valid chemical	1315
dependency counselor II license may do both of the following:	1316

(1) Perform assessment, crisis intervention, individual and	1317
group counseling, case management, and education services as they	1318
relate to abuse of and dependency on alcohol and other drugs;	1319

(2) Refer individuals with nonchemical dependency conditions	1320
to appropriate sources of help.	1321

(B) A chemical dependency counselor II may not practice as	1322
an individual practitioner.	1323

Sec. 4758.58. (A) Until six years after the effective date	1324
of this section, an individual holding a valid chemical dependency	1325
counselor I certificate may do both of the following:	1326

(1) Perform assessment, crisis intervention, individual and	1327
group counseling, case management, and education services as they	1328
relate to abuse of and dependency on alcohol and other drugs;	1329

(2) Refer individuals with nonchemical dependency conditions	1330
to appropriate sources of help.	1331

(B) A chemical dependency counselor I may not practice as	1332
an individual practitioner.	1333

Sec. 4758.59. (A) Subject to division (B) of this section,	1334
an individual holding a valid chemical dependency counselor	1335
assistant certificate may do both of the following:	1336

(1) Perform assessment, crisis intervention, individual and	1337
group counseling, case management, and education services as they	1338
relate to abuse of or dependency on alcohol and other drugs;	1339

(2) Refer individuals with nonchemical dependency conditions	1340
to appropriate sources of help.	1341

(B) An individual holding a valid chemical dependency	1342
counselor assistant certificate may perform the tasks specified in	1343
division (A) of this section only while under the supervision of	1344
any of the following:	1345

(1) An independent chemical dependency counselor or	1346
chemical dependency counselor III licensed under this chapter;	1347

(2) An individual authorized under Chapter 4731. of the	1348
Revised Code to practice medicine and surgery or osteopathic	1349
medicine and surgery;	1350

(3) A psychologist licensed under Chapter 4732. of the	1351
Revised Code;	1352

(4) A registered nurse licensed under Chapter 4723. of the	1353
Revised Code or professional clinical counselor or independent	1354
social worker licensed under Chapter 4757. of the Revised Code if	1355
such supervision is consistent with the scope of practice of the	1356
registered nurse, professional clinical counselor, or independent	1357
social worker.	1358

(C) A chemical dependency counselor assistant may not	1359
practice as an individual practitioner.	1360

Sec. 4758.60. An individual who holds a valid prevention	1361
specialist II certificate or prevention specialist I certificate	1362
issued under this chapter may engage in the practice of alcohol	1363
and other drug prevention services.	1364

Sec. 4758.61. An individual who holds a valid registered	1365
applicant certificate issued under this chapter may engage in the	1366
practice of alcohol and other drug prevention services under the	1367
supervision of an individual holding a valid prevention specialist	1368
II certificate or prevention specialist I certificate issued under	1369
this chapter.	1370

Sec. 4758.70. Except to the extent of providing services	1371
authorized by this chapter, this chapter does not authorize any	1372
individual to engage in the practice of psychology as defined in	1373
section 4732.01 of the Revised Code.	1374

Except to the extent of providing services authorized by	1375
this chapter, this chapter does not authorize any individual to	1376
engage in the practice of professional counseling or social work,	1377
as those terms are defined in section 4757.01 of the Revised Code.	1378

Sec. 4758.71. Nothing in this chapter or the rules adopted	1379
under it authorizes an individual who holds a license or	1380
certificate issued under this chapter to admit a patient to a	1381
hospital or requires a hospital to allow any such individual to	1382
admit a patient.	1383

Sec. 4758.99. Whoever violates division (A) or (B) of section	1384
4758.02 of the Revised Code is guilty of a misdemeanor of the	1385
fourth degree on a first offense; on each subsequent offense, the	1386
person is guilty of a misdemeanor of the third degree.	1387

Section 2. That existing sections 125.22, 3793.07, 4743.05,	1388
4745.01, and 4757.41 of the Revised Code are hereby repealed.	1389

Section 3. That Sections 6, 7, and 8 of Am. Sub. S.B. 172 of	1390
the 123rd General Assembly are hereby repealed.	1391

Section 4. Within ninety days after the effective date of	1392
this section, the Governor shall appoint the initial members of	1393
the Chemical Dependency Professionals Board in accordance with	1394
section 4758.10 of the Revised Code. Such an appointee is not	1395
required, at the time of appointment, to hold an independent	1396
chemical dependency counselor license, chemical dependency	1397
counselor III license, prevention specialist II certificate, or	1398
prevention specialist I certificate. However, the appointee shall	1399
possess at the time of appointment any education, work experience,	1400
and training standards as specified in Chapter 4758. of the	1401
Revised Code that are necessary to obtain such a license or	1402
certificate. The appointee may remain a board member only if the	1403
appointee obtains an independent chemical dependency counselor	1404
license, chemical dependency counselor III license, prevention	1405
specialist II certificate, or prevention specialist I certificate,	1406
as appropriate for the member's appointment, not later than one	1407
year after the effective date of this section.	1408

Section 5. Sections 1 to 4 of this act shall take effect June	1409
30, 2002.	1410

Section 6. The Department of Alcohol and Drug Addiction	1411
Services shall work with the Chemical Dependency Professionals	1412
Board to enable the orderly transition from the Department's	1413
issuance of certificates and credentials under section 3793.07 of	1414
the Revised Code to the Board's issuance of certificates and	1415
licenses under Chapter 4758. of the Revised Code. The transition	1416
shall be completed at the earlier of the following:	1417

(A) The date, which shall be specified in an agreement	1418
between the Department and Board, on which the Board is to assume	1419
the department's duties;	1420

(B) June 30, 2004.

1421

Section 7. All items in this section are hereby appropriated	1422
as designated out of any moneys in the state treasury to the	1423
credit of the Occupational Licensing and Regulatory Fund. For all	1424
appropriations made in this act, those in the first column are for	1425
fiscal year 2002 and those in the second column are for fiscal	1426
year 2003. The appropriations made in this act are in addition to	1427
any other appropriations made for the 2001-2003 biennium.	1428

CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

1429

Within the limits set forth in this act, the Director of	1434
Budget and Management shall establish accounts indicating source	1435
and amount of funds for each appropriation made in this act, and	1436
shall determine the form and manner in which appropriation	1437
accounts shall be maintained. Expenditures from appropriations	1438
contained in this act shall be accounted for as though made in Am.	1439
Sub. H.B. 94 of the 124th General Assembly.	1440

The appropriations made in this act are subject to all	1441
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	1442
are generally applicable to such appropriations.	1443

Section 8.  The codified and uncodified sections of law	1444
contained in this act, and the items of law of which they are	1445
composed, are not subject to the referendum. Therefore, under	1446
Ohio Constitution, Article II, Section 1d and section 1.471 of the	1447
Revised Code, the codified and uncodified sections of law	1448
contained in this act and the items of law of which they are	1449
composed go into immediate effect when this act becomes law.	1450