As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 653

Representatives Sprague, Antonio 

Cosponsor: Representative Patterson 

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A BILL

To amend sections 2305.234, 4757.41, 4758.01,

1

4758.02, 4758.10, 4758.13, 4758.20, 4758.21,

2

4758.22, 4758.23, 4758.30, 4758.31, 4758.36,

3

4758.39, 4758.40, 4758.41, 4758.42, 4758.43,

4

4758.44, 4758.45, 4758.46, 4758.60, and 4758.61 of

5

the Revised Code regarding the practices of

6

chemical dependency counseling and prevention

7

services.

8

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

Section 1. That sections 2305.234, 4757.41, 4758.01, 4758.02,	9
4758.10, 4758.13, 4758.20, 4758.21, 4758.22, 4758.23, 4758.30,	10
4758.31, 4758.36, 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,	11
4758.44, 4758.45, 4758.46, 4758.60, and 4758.61 of the Revised	12
Code be amended to read as follows:	13

Sec. 2305.234.  (A) As used in this section:

14

(1) "Chiropractic claim," "medical claim," and "optometric	15
claim" have the same meanings as in section 2305.113 of the	16
Revised Code.	17

(2) "Dental claim" has the same meaning as in section	18
2305.113 of the Revised Code, except that it does not include any	19
claim arising out of a dental operation or any derivative claim	20
for relief that arises out of a dental operation.	21

(3) "Governmental health care program" has the same meaning	22
as in section 4731.65 of the Revised Code.	23

(4) "Health care facility or location" means a hospital,	24
clinic, ambulatory surgical facility, office of a health care	25
professional or associated group of health care professionals,	26
training institution for health care professionals, or any other	27
place where medical, dental, or other health-related diagnosis,	28
care, or treatment is provided to a person.	29

(5) "Health care professional" means any of the following who	30
provide medical, dental, or other health-related diagnosis, care,	31
or treatment:	32

(a) Physicians authorized under Chapter 4731. of the Revised	33
Code to practice medicine and surgery or osteopathic medicine and	34
surgery;	35

(b) Registered nurses and licensed practical nurses licensed	36
under Chapter 4723. of the Revised Code and individuals who hold a	37
certificate of authority issued under that chapter that authorizes	38
the practice of nursing as a certified registered nurse	39
anesthetist, clinical nurse specialist, certified nurse-midwife,	40
or certified nurse practitioner;	41

(c) Physician assistants authorized to practice under Chapter	42
4730. of the Revised Code;	43

(d) Dentists and dental hygienists licensed under Chapter	44
4715. of the Revised Code;	45

(e) Physical therapists, physical therapist assistants,	46
occupational therapists, occupational therapy assistants, and	47
athletic trainers licensed under Chapter 4755. of the Revised	48
Code;	49

(f) Chiropractors licensed under Chapter 4734. of the Revised	50
Code;	51

(g) Optometrists licensed under Chapter 4725. of the Revised	52
Code;	53

(h) Podiatrists authorized under Chapter 4731. of the Revised	54
Code to practice podiatry;	55

(i) Dietitians licensed under Chapter 4759. of the Revised	56
Code;	57

(j) Pharmacists licensed under Chapter 4729. of the Revised	58
Code;	59

(k) Emergency medical technicians-basic, emergency medical	60
technicians-intermediate, and emergency medical	61
technicians-paramedic, certified under Chapter 4765. of the	62
Revised Code;	63

(l) Respiratory care professionals licensed under Chapter	64
4761. of the Revised Code;	65

(m) Speech-language pathologists and audiologists licensed	66
under Chapter 4753. of the Revised Code;	67

(n) Licensed professional clinical counselors, licensed	68
professional counselors, independent social workers, social	69
workers, independent marriage and family therapists, and marriage	70
and family therapists, licensed under Chapter 4757. of the Revised	71
Code;	72

(o) Psychologists licensed under Chapter 4732. of the Revised	73
Code;	74

(p) IndividualsIndependent chemical dependency	75
counselors-clinical supervisors, independent chemical dependency	76
counselors, chemical dependency counselors III, and chemical	77
dependency counselors II, licensed or certified under Chapter	78
4758. of the Revised Code who are acting within the scope of their	79
license or certificate as members of the profession of chemical	80
dependency counseling or alcohol and other drug prevention	81
services, and chemical dependency counselor assistants, prevention	82
consultants, prevention specialists, prevention specialist	83
assistants, and registered applicants, certified under that	84
chapter.	85

(6) "Health care worker" means a person other than a health	86
care professional who provides medical, dental, or other	87
health-related care or treatment under the direction of a health	88
care professional with the authority to direct that individual's	89
activities, including medical technicians, medical assistants,	90
dental assistants, orderlies, aides, and individuals acting in	91
similar capacities.	92

(7) "Indigent and uninsured person" means a person who meets	93
all of the following requirements:	94

(a) The person's income is not greater than two hundred per	95
cent of the current poverty line as defined by the United States	96
office of management and budget and revised in accordance with	97
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	98
95 Stat. 511, 42 U.S.C. 9902, as amended.	99

(b) The person is not eligible for the medicaid program or	100
any other governmental health care program.	101

(c) Either of the following applies:

102

(i) The person is not a policyholder, certificate holder,	103
insured, contract holder, subscriber, enrollee, member,	104
beneficiary, or other covered individual under a health insurance	105
or health care policy, contract, or plan.	106

(ii) The person is a policyholder, certificate holder,	107
insured, contract holder, subscriber, enrollee, member,	108
beneficiary, or other covered individual under a health insurance	109
or health care policy, contract, or plan, but the insurer, policy,	110
contract, or plan denies coverage or is the subject of insolvency	111
or bankruptcy proceedings in any jurisdiction.	112

(8) "Nonprofit health care referral organization" means an	113
entity that is not operated for profit and refers patients to, or	114
arranges for the provision of, health-related diagnosis, care, or	115
treatment by a health care professional or health care worker.	116

(9) "Operation" means any procedure that involves cutting or	117
otherwise infiltrating human tissue by mechanical means, including	118
surgery, laser surgery, ionizing radiation, therapeutic	119
ultrasound, or the removal of intraocular foreign bodies.	120
"Operation" does not include the administration of medication by	121
injection, unless the injection is administered in conjunction	122
with a procedure infiltrating human tissue by mechanical means	123
other than the administration of medicine by injection.	124
"Operation" does not include routine dental restorative	125
procedures, the scaling of teeth, or extractions of teeth that are	126
not impacted.	127

(10) "Tort action" means a civil action for damages for	128
injury, death, or loss to person or property other than a civil	129
action for damages for a breach of contract or another agreement	130
between persons or government entities.	131

(11) "Volunteer" means an individual who provides any	132
medical, dental, or other health-care related diagnosis, care, or	133
treatment without the expectation of receiving and without receipt	134
of any compensation or other form of remuneration from an indigent	135
and uninsured person, another person on behalf of an indigent and	136
uninsured person, any health care facility or location, any	137
nonprofit health care referral organization, or any other person	138
or government entity.	139

(12) "Community control sanction" has the same meaning as in	140
section 2929.01 of the Revised Code.	141

(13) "Deep sedation" means a drug-induced depression of	142
consciousness during which a patient cannot be easily aroused but	143
responds purposefully following repeated or painful stimulation, a	144
patient's ability to independently maintain ventilatory function	145
may be impaired, a patient may require assistance in maintaining a	146
patent airway and spontaneous ventilation may be inadequate, and	147
cardiovascular function is usually maintained.	148

(14) "General anesthesia" means a drug-induced loss of	149
consciousness during which a patient is not arousable, even by	150
painful stimulation, the ability to independently maintain	151
ventilatory function is often impaired, a patient often requires	152
assistance in maintaining a patent airway, positive pressure	153
ventilation may be required because of depressed spontaneous	154
ventilation or drug-induced depression of neuromuscular function,	155
and cardiovascular function may be impaired.	156

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	157
health care professional who is a volunteer and complies with	158
division (B)(2) of this section is not liable in damages to any	159
person or government entity in a tort or other civil action,	160
including an action on a medical, dental, chiropractic,	161
optometric, or other health-related claim, for injury, death, or	162
loss to person or property that allegedly arises from an action or	163
omission of the volunteer in the provision to an indigent and	164
uninsured person of medical, dental, or other health-related	165
diagnosis, care, or treatment, including the provision of samples	166
of medicine and other medical products, unless the action or	167
omission constitutes willful or wanton misconduct.	168

(2) To qualify for the immunity described in division (B)(1)	169
of this section, a health care professional shall do all of the	170
following prior to providing diagnosis, care, or treatment:	171

(a) Determine, in good faith, that the indigent and uninsured	172
person is mentally capable of giving informed consent to the	173
provision of the diagnosis, care, or treatment and is not subject	174
to duress or under undue influence;	175

(b) Inform the person of the provisions of this section,	176
including notifying the person that, by giving informed consent to	177
the provision of the diagnosis, care, or treatment, the person	178
cannot hold the health care professional liable for damages in a	179
tort or other civil action, including an action on a medical,	180
dental, chiropractic, optometric, or other health-related claim,	181
unless the action or omission of the health care professional	182
constitutes willful or wanton misconduct;	183

(c) Obtain the informed consent of the person and a written	184
waiver, signed by the person or by another individual on behalf of	185
and in the presence of the person, that states that the person is	186
mentally competent to give informed consent and, without being	187
subject to duress or under undue influence, gives informed consent	188
to the provision of the diagnosis, care, or treatment subject to	189
the provisions of this section. A written waiver under division	190
(B)(2)(c) of this section shall state clearly and in conspicuous	191
type that the person or other individual who signs the waiver is	192
signing it with full knowledge that, by giving informed consent to	193
the provision of the diagnosis, care, or treatment, the person	194
cannot bring a tort or other civil action, including an action on	195
a medical, dental, chiropractic, optometric, or other	196
health-related claim, against the health care professional unless	197
the action or omission of the health care professional constitutes	198
willful or wanton misconduct.	199

(3) A physician or podiatrist who is not covered by medical	200
malpractice insurance, but complies with division (B)(2) of this	201
section, is not required to comply with division (A) of section	202
4731.143 of the Revised Code.	203

(C) Subject to divisions (F) and (G)(3) of this section,	204
health care workers who are volunteers are not liable in damages	205
to any person or government entity in a tort or other civil	206
action, including an action upon a medical, dental, chiropractic,	207
optometric, or other health-related claim, for injury, death, or	208
loss to person or property that allegedly arises from an action or	209
omission of the health care worker in the provision to an indigent	210
and uninsured person of medical, dental, or other health-related	211
diagnosis, care, or treatment, unless the action or omission	212
constitutes willful or wanton misconduct.	213

(D) Subject to divisions (F) and (G)(3) of this section, a	214
nonprofit health care referral organization is not liable in	215
damages to any person or government entity in a tort or other	216
civil action, including an action on a medical, dental,	217
chiropractic, optometric, or other health-related claim, for	218
injury, death, or loss to person or property that allegedly arises	219
from an action or omission of the nonprofit health care referral	220
organization in referring indigent and uninsured persons to, or	221
arranging for the provision of, medical, dental, or other	222
health-related diagnosis, care, or treatment by a health care	223
professional described in division (B)(1) of this section or a	224
health care worker described in division (C) of this section,	225
unless the action or omission constitutes willful or wanton	226
misconduct.	227

(E) Subject to divisions (F) and (G)(3) of this section and	228
to the extent that the registration requirements of section	229
3701.071 of the Revised Code apply, a health care facility or	230
location associated with a health care professional described in	231
division (B)(1) of this section, a health care worker described in	232
division (C) of this section, or a nonprofit health care referral	233
organization described in division (D) of this section is not	234
liable in damages to any person or government entity in a tort or	235
other civil action, including an action on a medical, dental,	236
chiropractic, optometric, or other health-related claim, for	237
injury, death, or loss to person or property that allegedly arises	238
from an action or omission of the health care professional or	239
worker or nonprofit health care referral organization relative to	240
the medical, dental, or other health-related diagnosis, care, or	241
treatment provided to an indigent and uninsured person on behalf	242
of or at the health care facility or location, unless the action	243
or omission constitutes willful or wanton misconduct.	244

(F)(1) Except as provided in division (F)(2) of this section,	245
the immunities provided by divisions (B), (C), (D), and (E) of	246
this section are not available to a health care professional,	247
health care worker, nonprofit health care referral organization,	248
or health care facility or location if, at the time of an alleged	249
injury, death, or loss to person or property, the health care	250
professionals or health care workers involved are providing one of	251
the following:	252

(a) Any medical, dental, or other health-related diagnosis,	253
care, or treatment pursuant to a community service work order	254
entered by a court under division (B) of section 2951.02 of the	255
Revised Code or imposed by a court as a community control	256
sanction;	257

(b) Performance of an operation to which any one of the	258
following applies:	259

(i) The operation requires the administration of deep	260
sedation or general anesthesia.	261

(ii) The operation is a procedure that is not typically	262
performed in an office.	263

(iii) The individual involved is a health care professional,	264
and the operation is beyond the scope of practice or the	265
education, training, and competence, as applicable, of the health	266
care professional.	267

(c) Delivery of a baby or any other purposeful termination of	268
a human pregnancy.	269

(2) Division (F)(1) of this section does not apply when a	270
health care professional or health care worker provides medical,	271
dental, or other health-related diagnosis, care, or treatment that	272
is necessary to preserve the life of a person in a medical	273
emergency.	274

(G)(1) This section does not create a new cause of action or	275
substantive legal right against a health care professional, health	276
care worker, nonprofit health care referral organization, or	277
health care facility or location.	278

(2) This section does not affect any immunities from civil	279
liability or defenses established by another section of the	280
Revised Code or available at common law to which a health care	281
professional, health care worker, nonprofit health care referral	282
organization, or health care facility or location may be entitled	283
in connection with the provision of emergency or other medical,	284
dental, or other health-related diagnosis, care, or treatment.	285

(3) This section does not grant an immunity from tort or	286
other civil liability to a health care professional, health care	287
worker, nonprofit health care referral organization, or health	288
care facility or location for actions that are outside the scope	289
of authority of health care professionals or health care workers.	290

(4) This section does not affect any legal responsibility of	291
a health care professional, health care worker, or nonprofit	292
health care referral organization to comply with any applicable	293
law of this state or rule of an agency of this state.	294

(5) This section does not affect any legal responsibility of	295
a health care facility or location to comply with any applicable	296
law of this state, rule of an agency of this state, or local code,	297
ordinance, or regulation that pertains to or regulates building,	298
housing, air pollution, water pollution, sanitation, health, fire,	299
zoning, or safety.	300

Sec. 4757.41.  (A) This chapter shall not apply to the	301
following:	302

(1) A person certified by the state board of education under	303
Chapter 3319. of the Revised Code while performing any services	304
within the person's scope of employment by a board of education or	305
by a private school meeting the standards prescribed by the state	306
board of education under division (D) of section 3301.07 of the	307
Revised Code or in a program operated under Chapter 5126. of the	308
Revised Code for training individuals with mental retardation or	309
other developmental disabilities;	310

(2) Psychologists or school psychologists licensed under	311
Chapter 4732. of the Revised Code;	312

(3) Members of other professions licensed, certified, or	313
registered by this state while performing services within the	314
recognized scope, standards, and ethics of their respective	315
professions;	316

(4) Rabbis, priests, Christian science practitioners, clergy,	317
or members of religious orders and other individuals participating	318
with them in pastoral counseling when the counseling activities	319
are within the scope of the performance of their regular or	320
specialized ministerial duties and are performed under the	321
auspices or sponsorship of an established and legally cognizable	322
church, denomination, or sect or an integrated auxiliary of a	323
church as defined in federal tax regulations, paragraph (g)(5) of	324
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	325
service remains accountable to the established authority of that	326
church, denomination, sect, or integrated auxiliary;	327

(5) Any person who is not licensed under this chapter as a	328
licensed professional clinical counselor, licensed professional	329
counselor, independent social worker, or social worker and is	330
employed in the civil service as defined in section 124.01 of the	331
Revised Code while engaging in professional counseling or social	332
work as a civil service employee, if on the effective date of this	333
amendmentJuly 10, 2014, the person has at least two years of	334
service in that capacity;	335

(6) A student in an accredited educational institution while	336
carrying out activities that are part of the student's prescribed	337
course of study if the activities are supervised as required by	338
the educational institution and if the student does not hold	339
herself or himself out as a person licensed or registered under	340
this chapter;	341

(7) IndividualsAn individual who holdholds a license or	342
certificate under Chapter 4758. of the Revised Code who areis	343
acting within the scope of theirthe individual's license or	344
certificate as membersa member of the profession of chemical	345
dependency counseling or alcohol and other drug prevention	346
services;	347

(8) Any person employed by the American red cross while	348
engaging in activities relating to services for military families	349
and veterans and disaster relief, as described in the "American	350
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	351
amended;	352

(9) Members of labor organizations who hold union counselor	353
certificates while performing services in their official capacity	354
as union counselors;	355

(10) Any person employed in a hospital as defined in section	356
3727.01 of the Revised Code or in a nursing home as defined in	357
section 3721.01 of the Revised Code while providing as a hospital	358
employee or nursing home employee, respectively, social services	359
other than counseling and the use of psychosocial interventions	360
and social psychotherapy;	361

(11) A vocational rehabilitation professional who is	362
providing rehabilitation services to individuals under section	363
3304.17 of the Revised Code, or holds certification by the	364
commission on rehabilitation counselor certification and is	365
providing rehabilitation counseling services consistent with the	366
commission's standards;	367

(12) A caseworker not licensed under this chapter as an	368
independent social worker or social worker who is employed by a	369
public children services agency under section 5153.112 of the	370
Revised Code.	371

(B) Divisions (A)(5) and (10) of this section do not prevent	372
a person described in those divisions from obtaining a license or	373
certificate of registration under this chapter.	374

(C) Except as provided in divisions (A) and (D) of this	375
section, no employee in the service of the state, including public	376
employees as defined by Chapter 4117. of the Revised Code, shall	377
engage in the practice of professional counseling, social work, or	378
marriage and family therapy without the appropriate license issued	379
by the board. Failure to comply with this division constitutes	380
nonfeasance under section 124.34 of the Revised Code or just cause	381
under a collective bargaining agreement. Nothing in this division	382
restricts the director of administrative services from developing	383
new classifications related to this division or from reassigning	384
affected employees to appropriate classifications based on the	385
employee's duties and qualifications.	386

(D) Except as provided in division (A) of this section, an	387
employee who was engaged in the practice of professional	388
counseling, social work, or marriage and family therapy in the	389
service of the state prior to the effective date of this amendment	390
July 10, 2014, including public employees as defined by Chapter	391
4117. of the Revised Code, shall comply with division (C) of this	392
section within two years after the effective date of this	393
amendmentJuly 10, 2014. Any such employee who fails to comply	394
shall be removed from employment.	395

(E) Nothing in this chapter prevents a public children	396
services agency from employing as a caseworker a person not	397
licensed under this chapter as an independent social worker or	398
social worker who has the qualifications specified in section	399
5153.112 of the Revised Code.	400

Sec. 4758.01. As used in this chapter:

401

(A) "Accredited educational institution" means an educational	402
institution accredited by an accrediting agency accepted by the	403
Ohio board of regents.	404

(B)(1) "Alcohol and other drug clinical counseling	405
principles, methods, or procedures" means an approach to chemical	406
dependency counseling that emphasizes the chemical dependency	407
counselor's role in systematically assisting clients through all	408
of the following:	409

(a) Analyzing background and current information;

410

(b) Exploring possible solutions;

411

(c) Developing and providing a treatment plan;

412

(d) In the case of an independent chemical dependency	413
counselor-clinical supervisor, independent chemical dependency	414
counselor, or chemical dependency counselor III only, diagnosing	415
chemical dependency conditions.	416

(2) "Alcohol and other drug clinical counseling principles,	417
methods, or procedures" includes counseling, assessing,	418
consulting, and referral as they relate to chemical dependency	419
conditions.	420

(C) "Alcohol and other drug prevention services" means a	421
planned process of strategies and activities designed to preclude	422
the onset of the use of alcohol and other drugs, reduce	423
problematic use of alcohol and other drugs, or both.	424

(D) "Chemical dependency conditions" means those conditions	425
relating to the abuse of or dependency on alcohol or other drugs	426
that are classified in accepted nosologies, including the	427
diagnostic and statistical manual of mental disorders and the	428
international classification of diseases, and in editions of those	429
nosologies published after December 23, 2002.	430

(E)(D) "Chemical dependency counseling" means rendering or	431
offering to render to individuals, groups, or the public a	432
counseling service involving the application of alcohol and other	433
drug clinical counseling principles, methods, or procedures to	434
assist individuals who are abusing or dependent on alcohol or	435
other drugs.	436

(F)(E) "Gambling disorder" means a persistent and recurring	437
maladaptive gambling behavior that is classified in accepted	438
nosologies, including the diagnostic and statistical manual of	439
mental disorders and the international classification of diseases,	440
and in editions of those nosologies published after the effective	441
date of this sectionSeptember 15, 2014.	442

(F) "Prevention services" means a comprehensive, multi-system	443
set of individual and environmental approaches that maximizes	444
physical health, promotes safety, and precludes the onset of	445
behavioral health disorders.	446

(G) Unless the context provides otherwise, "scope of	447
practice" means the services, methods, and techniques in which and	448
the areas for which a person who holds a license, certificate, or	449
endorsement under this chapter is trained and qualified.	450

(H) "Substance abuse professional" has the same meaning as in	451
49 C.F.R. 40.3.	452

(I) "U.S. department of transportation drug and alcohol	453
testing program" means a transportation workplace drug and alcohol	454
testing program governed by 49 C.F.R. part 40.	455

Sec. 4758.02. (A) Except as provided in section 4758.03 of	456
the Revised Code, no person shall do any of the following:	457

(1) Engage in or represent to the public that the person	458
engages in chemical dependency counseling for a fee, salary, or	459
other consideration unless the person holds a valid independent	460
chemical dependency counselor-clinical supervisor license,	461
independent chemical dependency counselor license, chemical	462
dependency counselor III license, chemical dependency counselor II	463
license, or chemical dependency counselor assistant certificate	464
issued under this chapter;	465

(2) Use the title "licensed independent chemical dependency	466
counselor-clinical supervisor," "LICDC-CS," "licensed independent	467
chemical dependency counselor," "LICDC," "licensed chemical	468
dependency counselor III," "LCDC III," "licensed chemical	469
dependency counselor II," "LCDC II," "chemical dependency	470
counselor assistant," "CDCA," or any other title or description	471
incorporating the word "chemical dependency counselor" or any	472
other initials used to identify persons acting in those capacities	473
unless currently authorized under this chapter to act in the	474
capacity indicated by the title or initials;	475

(3) Represent to the public that the person holds a gambling	476
disorder endorsement unless the person holds a valid gambling	477
disorder endorsement issued under this chapter;	478

(4) Represent to the public that the person is a registered	479
applicant unless the person holds a valid registered applicant	480
certificate issued under this chapter;	481

(5) Use the title "certified prevention specialist II	482
consultant," "CPS IICPC," "certified prevention specialist I,"	483
"CPS I," "certified prevention specialist assistant," "CPSA,"	484
"registered applicant," "RA," or any other title, description, or	485
initials used to identify persons acting in those capacities	486
unless currently authorized under this chapter to act in the	487
capacity indicated by the title or initials.	488

(B) No person shall engage in or represent to the public that	489
the person engages in chemical dependency counseling as a chemical	490
dependency counselor I.	491

Sec. 4758.10. (A) There is hereby created the chemical	492
dependency professionals board.	493

(B) The governor shall appoint all of the following voting	494
members of the board with the advice and consent of the senate:	495

(1) Four individuals who hold a valid independent chemical	496
dependency counselor-clinical supervisor license or independent	497
chemical dependency counselor license issued under this chapter,	498
including at least two of whom have received at least a master's	499
degree in a field related to chemical dependency counseling from	500
an accredited educational institution;	501

(2) Two individuals who hold a valid chemical dependency	502
counselor III license issued under this chapter;	503

(3) One individual who holds a valid chemical dependency	504
counselor II license issued under this chapter;	505

(4) Two individuals who hold a valid prevention specialist II	506
consultant certificate or prevention specialist I certificate	507
issued under this chapter;	508

(5) One individual who is authorized under Chapter 4731. of	509
the Revised Code to practice medicine and surgery or osteopathic	510
medicine and surgery and has experience practicing in a field	511
related to chemical dependency counseling;	512

(6) Two individuals who represent the public and have not	513
practiced chemical dependency counseling or alcohol and other drug	514
prevention services and have not been involved in the delivery of	515
chemical dependency counseling services or alcohol and other drug	516
prevention services. At least one of these individuals shall be at	517
least fifty years of age. During their terms, the public members	518
shall not practice chemical dependency counseling or alcohol and	519
other drug prevention services or be involved in the delivery of	520
chemical dependency counseling services or alcohol and other drug	521
prevention services.	522

(C) Not later than ninety days after December 23, 2002, the	523
director of mental health and addiction services shall appoint an	524
individual who represents the department of mental health and	525
addiction services to serve as an ex officio member of the	526
chemical dependency professionals board.	527

(D) Not more than one-half of the voting members of the board	528
may be of the same gender or members of the same political party.	529
At least two voting members of the board shall be of African,	530
Native American, Hispanic, or Asian descent.	531

Sec. 4758.13. The chemical dependency professionals board	532
shall meet to discuss matters relating to the administration and	533
operation of the board and the regulation of the practices of	534
chemical dependency counseling and alcohol and other drug	535
prevention services. The board shall hold at least one regular	536
meeting every three months. Additional meetings may be held at	537
such times as the board determines, on the call of the	538
chairperson, or on the written request to the executive director	539
of three or more voting board members. If three or more voting	540
members request a meeting, the executive director shall call a	541
meeting, which shall be held not later than seven days after the	542
request is received.	543

Seven voting members of the board constitute a quorum to	544
conduct business. Except as provided in section 4758.32 of the	545
Revised Code, no action shall be taken without the concurrence of	546
at least a quorum.	547

At its first meeting each year, the board shall elect a	548
chairperson from among its voting members. No member shall serve	549
more than two consecutive terms as chairperson.	550

The board shall keep any records and minutes necessary to	551
fulfill the duties established by this chapter and rules adopted	552
under it.	553

Sec. 4758.20. (A) The chemical dependency professionals board	554
shall adopt rules to establish, specify, or provide for all of the	555
following:	556

(1) Fees for the purposes authorized by section 4758.21 of	557
the Revised Code;	558

(2) If the board, pursuant to section 4758.221 of the Revised	559
Code, elects to administer examinations for individuals seeking to	560
act as substance abuse professionals in a U.S. department of	561
transportation drug and alcohol testing program, the board's	562
administration of the examinations;	563

(3) For the purpose of section 4758.23 of the Revised Code,	564
codes of ethical practice and professional conduct for individuals	565
who hold a license, certificate, or endorsement issued under this	566
chapter;	567

(4) For the purpose of section 4758.24 of the Revised Code,	568
all of the following:	569

(a) Good moral character requirements for an individual who	570
seeks or holds a license, certificate, or endorsement issued under	571
this chapter;	572

(b) The documents that an individual seeking such a license,	573
certificate, or endorsement must submit to the board;	574

(c) Requirements to obtain the license, certificate, or	575
endorsement that are in addition to the requirements established	576
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,	577
4758.44, 4758.45, 4758.46, 4758.47, and 4758.48 of the Revised	578
Code. The additional requirements may include preceptorships.	579

(d) The period of time that an individual whose registered	580
applicant certificate has expired must wait before applying for a	581
new registered applicant certificate.	582

(5) For the purpose of section 4758.28 of the Revised Code,	583
requirements for approval of continuing education courses of study	584
for individuals who hold a license, certificate, or endorsement	585
issued under this chapter;	586

(6) For the purpose of section 4758.30 of the Revised Code,	587
the intervention for and treatment of an individual holding a	588
license, certificate, or endorsement issued under this chapter	589
whose abilities to practice are impaired due to abuse of or	590
dependency on alcohol or other drugs or other physical or mental	591
condition;	592

(7) Requirements governing reinstatement of a suspended or	593
revoked license, certificate, or endorsement under division (B) of	594
section 4758.30 of the Revised Code, including requirements for	595
determining the amount of time an individual must wait to apply	596
for reinstatement;	597

(8) For the purpose of section 4758.31 of the Revised Code,	598
methods of ensuring that all records the board holds pertaining to	599
an investigation remain confidential during the investigation;	600

(9) Criteria for employees of the board to follow when	601
performing their duties under division (B) of section 4758.35 of	602
the Revised Code;	603

(10) For the purpose of division (A)(1) of section 4758.39	604
and division (A)(1) of section 4758.40 of the Revised Code, course	605
requirements for a degree in a behavioral science or nursing that	606
shall, at a minimum, include at least forty semester hours in all	607
of the following courses:	608

(a) Theories of counseling and psychotherapy;

609

(b) Counseling procedures;

610

(c) Group process and techniques;

611

(d) Relationship therapy;

612

(e) Research methods and statistics;

613

(f) Fundamentals of assessment and diagnosis, including	614
measurement and appraisal;	615

(g) Psychopathology;

616

(h) Human development;

617

(i) Cultural competence in counseling;

618

(j) Ethics.

619

(11) For the purpose of division (A)(2) of section 4758.39 of	620
the Revised Code, the number of hours of compensated work or	621
supervised internship experience that an individual must have and	622
the number of those hours that must be in clinical supervisory	623
experience;	624

(12) For the purpose of division (A)(3) of section 4758.39,	625
division (A)(3) of section 4758.40, division (A)(3) of section	626
4758.41, and division (A)(3) of section 4758.42 of the Revised	627
Code, trainingboth of the following:	628

(a) The number of hours of training in chemical dependency an	629
individual must have;	630

(b) Training requirements for chemical dependency that shall,	631
at a minimum, include qualifications for the individuals who	632
provide the training and instruction in all of the following	633
courses:	634

(a)(i) Theories of addiction;

635

(b)(ii) Counseling procedures and strategies with addicted	636
populations;	637

(c)(iii) Group process and techniques working with addicted	638
populations;	639

(d)(iv) Assessment and diagnosis of addiction;

640

(e)(v) Relationship counseling with addicted populations;

641

(f)(vi) Pharmacology;

642

(g)(vii) Prevention strategies;

643

(h)(viii) Treatment planning;

644

(i)(ix) Legal and ethical issues.

645

(12)(13) For the purpose of division (A)(2) of section	646
4758.40, division (A)(2) of section 4758.41, and division (A)(2)	647
of section 4758.42 of the Revised Code, the number of hours of	648
compensated work or supervised internship experience that an	649
individual must have;	650

(14) For the purpose of division (B)(2)(b) of section 4758.40	651
and division (B)(2) of section 4758.41 of the Revised Code,	652
requirements for the forty clock hours of training on the version	653
of the diagnostic and statistical manual of mental disorders that	654
is current at the time of the training, including the number of	655
the clock hours that must be on substance-related disorders, the	656
number of the clock hours that must be on chemical dependency	657
conditions, and the number of the clock hours that must be on	658
awareness of other mental and emotional disorders;	659

(13)(15) For the purpose of division (A)(1) of section	660
4758.41 of the Revised Code, course requirements for a degree in a	661
behavioral science or nursing;	662

(14)(16) For the purpose of division (A) of section 4758.43	663
of the Revised Code, trainingboth of the following:	664

(a) The number of hours of training in chemical dependency	665
counseling that an individual must have;	666

(b) Training requirements for chemical dependency counseling	667
that shall, at a minimum, include qualifications for the	668
individuals who provide the training and instruction in one or	669
more of the courses listed in division (A)(10) of this section as	670
selected by the individual seeking the chemical dependency	671
counselor assistant certificate;.	672

(15)(17) For the purpose of division (A)(1) of section	673
4758.44 of the Revised Code, the number of hours of compensated	674
work experience in prevention services that an individual must	675
have and the number of those hours that must be in administering	676
or supervising the services;	677

(18) For the purpose of division (A)(2) of section 4758.44 of	678
the Revised Code, the field of study in which an individual must	679
obtain at least a bachelor's degree;	680

(16)(19) For the purpose of division (A)(3) of section	681
4758.44, division (A)(3) of section 4758.45, and division (D) of	682
section 4758.46 of the Revised Code, requirementsboth of the	683
following:	684

(a) The number of hours of prevention-related education that	685
an individual must have;	686

(b) Requirements for prevention-related education;.

687

(17)(20) For the purpose of division (A)(4) of section	688
4758.44 of the Revised Code, the number of hours of administrative	689
or supervisory education that an individual must have;	690

(18)(21) For the purpose of division (A)(1) of section	691
4758.45 of the Revised Code, the number of hours of compensated or	692
volunteer work, field placement, intern, or practicum experience	693
in prevention services that an individual must have and the number	694
of those hours that must be in planning or delivering the	695
services;	696

(22) For the purpose of division (A)(2) of section 4758.45 of	697
the Revised Code, the field of study in which an individual must	698
obtain at least an associate's degree;	699

(19)(23) For the purpose of division (C) of section 4758.46	700
of the Revised Code, the number of hours of compensated or	701
volunteer work, field placement, intern, or practicum experience	702
in prevention services that an individual must have;	703

(24) Standards for the one hundred hours of compensated work	704
or supervised internship in gambling disorder direct clinical	705
experience required by division (B)(2) of section 4758.48 of the	706
Revised Code;	707

(20)(25) For the purpose of section 4758.51 of the Revised	708
Code, continuing education requirements for individuals who hold a	709
license, certificate, or endorsement issued under this chapter;	710

(21)(26) For the purpose of section 4758.51 of the Revised	711
Code, the number of hours of continuing education that an	712
individual must complete to have an expired license, certificate,	713
or endorsement restored under section 4758.26 of the Revised Code;	714

(22)(27) For the purpose of divisions (A) and (B) of section	715
4758.52 of the Revised Code, training requirements for chemical	716
dependency counseling;	717

(23)(28) The duties, which may differ, of all of the	718
following:	719

(a) An independent chemical dependency counselor-clinical	720
supervisor licensed under this chapter who supervises a chemical	721
dependency counselor III under section 4758.56 of the Revised	722
Code;	723

(b) An independent chemical dependency counselor-clinical	724
supervisor, independent chemical dependency counselor, or chemical	725
dependency counselor III licensed under this chapter who	726
supervises a chemical dependency counselor assistant under section	727
4758.59 of the Revised Code;	728

(c) A prevention specialist IIconsultant or prevention	729
specialist I certified under this chapter or independent chemical	730
dependency counselor-clinical supervisor, independent chemical	731
dependency counselor, or chemical dependency counselor III	732
licensed under this chapter who supervises a prevention specialist	733
assistant or registered applicant under section 4758.61 of the	734
Revised Code.	735

(24)(29) The duties of an independent chemical dependency	736
counselor licensed under this chapter who holds the gambling	737
disorder endorsement who supervises a chemical dependency	738
counselor III with the gambling disorder endorsement under section	739
4758.62 of the Revised Code.	740

(25)(30) Anything else necessary to administer this chapter.

741

(B) All rules adopted under this section shall be adopted in	742
accordance with Chapter 119. of the Revised Code and any	743
applicable federal laws and regulations.	744

(C) When it adopts rules under this section, the board may	745
consider standards established by any national association or	746
other organization representing the interests of those involved in	747
chemical dependency counseling or alcohol and other drug	748
prevention services.	749

Sec. 4758.21. (A) In accordance with rules adopted under	750
section 4758.20 of the Revised Code and subject to division (B) of	751
this section, the chemical dependency professionals board shall	752
establish, and may from time to time adjust, fees to be charged	753
for the following:	754

(1) Admitting an individual to an examination administered	755
pursuant to section 4758.22 of the Revised Code;	756

(2) Issuing an initial independent chemical dependency	757
counselor-clinical supervisor license, independent chemical	758
dependency counselor license, chemical dependency counselor III	759
license, chemical dependency counselor II license, chemical	760
dependency counselor assistant certificate, prevention specialist	761
IIconsultant certificate, prevention specialist I certificate,	762
prevention specialist assistant certificate, or registered	763
applicant certificate;	764

(3) Issuing an initial gambling disorder endorsement;

765

(4) Renewing an independent chemical dependency	766
counselor-clinical supervisor license, independent chemical	767
dependency counselor license, chemical dependency counselor III	768
license, chemical dependency counselor II license, chemical	769
dependency counselor assistant certificate, prevention specialist	770
IIconsultant certificate, prevention specialist I certificate, or	771
prevention specialist assistant certificate;	772

(5) Renewing a gambling disorder endorsement;

773

(6) Approving continuing education courses under section	774
4758.28 of the Revised Code;	775

(7) Doing anything else the board determines necessary to	776
administer this chapter.	777

(B) The fees established under division (A) of this section	778
are nonrefundable. They shall be in amounts sufficient to cover	779
the necessary expenses of the board in administering this chapter	780
and rules adopted under it. The fees for a license, certificate,	781
or endorsement and the renewal of a license, certificate, or	782
endorsement may differ for the various types of licenses,	783
certificates, or endorsements, but shall not exceed one hundred	784
seventy-five dollars each, unless the board determines that	785
amounts in excess of one hundred seventy-five dollars are needed	786
to cover its necessary expenses in administering this chapter and	787
rules adopted under it and the amounts in excess of one hundred	788
seventy-five dollars are approved by the controlling board.	789

(C) All vouchers of the board shall be approved by the	790
chairperson or executive director of the board, or both, as	791
authorized by the board.	792

Sec. 4758.22. The chemical dependency professionals board	793
shall prepare, cause to be prepared, or procure the use of, and	794
grade, cause to be graded, or procure the grading of, examinations	795
to determine the competence of individuals seeking an independent	796
chemical dependency counselor-clinical supervisor license,	797
independent chemical dependency counselor license, chemical	798
dependency counselor III license, chemical dependency counselor II	799
license, prevention specialist IIconsultant certificate, or	800
prevention specialist I certificate. The board may develop the	801
examinations or use examinations prepared by state or national	802
organizations that represent the interests of those involved in	803
chemical dependency counseling or alcohol and other drug	804
prevention services. The board shall conduct examinations at least	805
twice each year and shall determine the level of competence	806
necessary for a passing score.	807

An individual may not sit for an examination administered	808
pursuant to this section unless the individual meets the	809
requirements to obtain the license or certificate the individual	810
seeks, other than the requirement to have passed the examination,	811
and pays the fee established under section 4758.21 of the Revised	812
Code. An individual who is denied admission to the examination may	813
appeal the denial in accordance with Chapter 119. of the Revised	814
Code.	815

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	816
the Revised Code, the chemical dependency professionals board	817
shall establish codes of ethical practice and professional conduct	818
for the following:	819

(1) Individuals who hold a valid independent chemical	820
dependency counselor-clinical supervisor license, independent	821
chemical dependency counselor license, chemical dependency	822
counselor III license, chemical dependency counselor II license,	823
or chemical dependency counselor assistant certificate issued	824
under this chapter;	825

(2) Individuals who hold a valid prevention specialist II	826
consultant certificate, prevention specialist I certificate,	827
prevention specialist assistant certificate, or registered	828
applicant certificate issued under this chapter;	829

(3) Individuals who hold a valid gambling disorder	830
endorsement.	831

(B) The codes for individuals identified under division	832
(A)(1) of this section shall define unprofessional conduct, which	833
shall include engaging in a dual relationship with a client,	834
former client, consumer, or former consumer; committing an act of	835
sexual abuse, misconduct, or exploitation of a client, former	836
client, consumer, or former consumer; and, except as permitted by	837
law, violating client or consumer confidentiality.	838

(C) The codes for individuals identified under division	839
(A)(1) of this section may be based on any codes of ethical	840
practice and professional conduct developed by national	841
associations or other organizations representing the interests of	842
those involved in chemical dependency counseling. The codes for	843
individuals identified under division (A)(2) of this section may	844
be based on any codes of ethical practice and professional conduct	845
developed by national associations or other organizations	846
representing the interests of those involved in alcohol and other	847
drug prevention services. The board may establish standards in the	848
codes that are more stringent than those established by the	849
national associations or other organizations.	850

Sec. 4758.30. (A) The chemical dependency professionals	851
board, in accordance with Chapter 119. of the Revised Code, may	852
refuse to issue a license, certificate, or endorsement applied for	853
under this chapter; refuse to renew or restore a license,	854
certificate, or endorsement issued under this chapter; suspend,	855
revoke, or otherwise restrict a license, certificate, or	856
endorsement issued under this chapter; or reprimand an individual	857
holding a license, certificate, or endorsement issued under this	858
chapter. These actions may be taken by the board regarding the	859
applicant for a license, certificate, or endorsement or the	860
individual holding a license, certificate, or endorsement for one	861
or more of the following reasons:	862

(1) Violation of any provision of this chapter or rules	863
adopted under it;	864

(2) Knowingly making a false statement on an application for	865
a license, certificate, or endorsement or for renewal,	866
restoration, or reinstatement of a license, certificate, or	867
endorsement;	868

(3) Acceptance of a commission or rebate for referring an	869
individual to a person who holds a license or certificate issued	870
by, or who is registered with, an entity of state government,	871
including persons practicing chemical dependency counseling,	872
alcohol and other drug prevention services, gambling disorder	873
counseling, or fields related to chemical dependency counseling,	874
gambling disorder counseling, or alcohol and other drug prevention	875
services, or gambling disorder counseling;	876

(4) Conviction in this or any other state of any crime that	877
is a felony in this state;	878

(5) Conviction in this or any other state of a misdemeanor	879
committed in the course of practice as an independent chemical	880
dependency counselor-clinical supervisor, independent chemical	881
dependency counselor, chemical dependency counselor III, chemical	882
dependency counselor II, chemical dependency counselor assistant,	883
prevention specialist IIconsultant, gambling disorder endorsee,	884
prevention specialist I, prevention specialist assistant, or	885
registered applicant;	886

(6) Inability to practice as an independent chemical	887
dependency counselor-clinical supervisor, independent chemical	888
dependency counselor, chemical dependency counselor III, chemical	889
dependency counselor II, chemical dependency counselor assistant,	890
gambling disorder endorsee, prevention specialist IIconsultant,	891
prevention specialist I, prevention specialist assistant, or	892
registered applicant due to abuse of or dependency on alcohol or	893
other drugs or other physical or mental condition;	894

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

895

(8) Practicing without complying with the supervision	896
requirements specified under section 4758.56, 4758.59, 4758.61, or	897
4758.62 of the Revised Code;	898

(9) Violation of the code of ethical practice and	899
professional conduct for chemical dependency counseling, alcohol	900
and other drug prevention services, or gambling disorder	901
counseling services adopted by the board pursuant to section	902
4758.23 of the Revised Code;	903

(10) Revocation of a license, certificate, or endorsement or	904
voluntary surrender of a license, certificate, or endorsement in	905
another state or jurisdiction for an offense that would be a	906
violation of this chapter.	907

(B) An individual whose license, certificate, or endorsement	908
has been suspended or revoked under this section may apply to the	909
board for reinstatement after an amount of time the board shall	910
determine in accordance with rules adopted under section 4758.20	911
of the Revised Code. The board may accept or refuse an application	912
for reinstatement. The board may require an examination for	913
reinstatement of a license, certificate, or endorsement that has	914
been suspended or revoked.	915

Sec. 4758.31. The chemical dependency professionals board	916
shall investigate alleged violations of this chapter or the rules	917
adopted under it and alleged irregularities in the delivery of	918
chemical dependency counseling services, prevention services, or	919
gambling disorder counseling services, or alcohol and other drug	920
prevention services by individuals who hold a license,	921
certificate, or endorsement issued under this chapter. As part of	922
an investigation, the board may issue subpoenas, examine	923
witnesses, and administer oaths.	924

The board may receive any information necessary to conduct an	925
investigation under this section that has been obtained in	926
accordance with federal laws and regulations. If the board is	927
investigating the provision of chemical dependency counseling	928
services or gambling disorder counseling services to a couple or	929
group, it is not necessary for both members of the couple or all	930
members of the group to consent to the release of information	931
relevant to the investigation.	932

The board shall ensure, in accordance with rules adopted	933
under section 4758.20 of the Revised Code, that all records it	934
holds pertaining to an investigation remain confidential during	935
the investigation. After the investigation, the records are public	936
records except as otherwise provided by federal or state law.	937

Sec. 4758.36. As part of the review process under division	938
(C) of section 4758.35 of the Revised Code of an application	939
submitted by an applicant who has obtained the applicant'swhose	940
education,or experience in chemical dependency counseling,	941
gambling disorder, or alcohol and other drug prevention services,	942
or gambling disorder counseling was obtained outside the United	943
States, or whose education and experience both were obtained	944
outside the United States, the chemical dependency professionals	945
board shall determine whether the applicant's command of the	946
English language and education or experience meet the standards	947
required by this chapter and rules adopted under it.	948

Sec. 4758.39. An individual seeking an independent chemical	949
dependency counselor-clinical supervisor license shall meet the	950
requirements of division (A) or (B) of this section.	951

(A) To meet the requirements of this division, an individual	952
must meet all of the following requirements:	953

(1) Hold from an accredited educational institution at least	954
a master's degree in either a behavioral science or nursing that	955
meets the course requirements specified in rules adopted under	956
section 4758.20 of the Revised Code;	957

(2) Have not less than six thousandthe number of hours	958
specified in rules adopted under section 4758.20 of the Revised	959
Code of compensated work or supervised internship experience (,	960
including at least two thousandthe number of hours specified in	961
those rules of clinical supervisory experience as part of the	962
compensated work or supervised internship), in any of the	963
following, not less than one thousand two hundred hourstwenty per	964
cent of which are in chemical dependency counseling:	965

(a) Chemical dependency services, substance abuse services,	966
or both types of services;	967

(b) The practice of psychology, as defined in section 4732.01	968
of the Revised Code;	969

(c) The practice of professional counseling, the practice of	970
social work, or the practice of marriage and family therapy, all	971
as defined in section 4757.01 of the Revised Code.	972

(3) Have a minimum of one hundred eightythe number of hours	973
specified in rules adopted under section 4758.20 of the Revised	974
Code of training in chemical dependency that meets the	975
requirements specified in those rules adopted under section	976
4758.20 of the Revised Code;	977

(4) Unless the individual holds a valid license,	978
registration, certificate, or credentials issued under another	979
chapter of the Revised Code that authorizes the individual to	980
engage in a profession whose scope of practice includes the	981
clinical supervision of chemical dependency counseling, chemical	982
dependency counseling, and diagnosing and treating chemical	983
dependency conditions, pass one or more examinations administered	984
pursuant to section 4758.22 of the Revised Code for the purpose of	985
determining competence to practice as an independent chemical	986
dependency counselor-clinical supervisor.	987

(B) To meet the requirement of this division, an individual	988
must hold, on the effective date of this sectionMarch 22, 2013, a	989
valid independent chemical dependency counselor license.	990

Sec. 4758.40. An individual seeking an independent chemical	991
dependency counselor license shall meet the requirements of	992
division (A) or (B) of this section.	993

(A) To meet the requirements of this division, an individual	994
must meet all of the following requirements:	995

(1) Hold from an accredited educational institution at least	996
a master's degree in a behavioral science or nursing that meets	997
the course requirements specified in rules adopted under section	998
4758.20 of the Revised Code;	999

(2) Have not less than two thousandthe number of hours	1000
specified in rules adopted under section 4758.20 of the Revised	1001
Code of compensated work or supervised internship experience in	1002
any of the following, not less than four hundred hourstwenty per	1003
cent of which are in chemical dependency counseling:	1004

(a) Chemical dependency services, substance abuse services,	1005
or both types of services;	1006

(b) The practice of psychology, as defined in section 4732.01	1007
of the Revised Code;	1008

(c) The practice of professional counseling, the practice of	1009
social work, or the practice of marriage and family therapy, all	1010
as defined in section 4757.01 of the Revised Code.	1011

(3) Have a minimum of one hundred eightythe number of hours	1012
specified in rules adopted under section 4758.20 of the Revised	1013
Code of training in chemical dependency that meets the	1014
requirements specified in those rules adopted under section	1015
4758.20 of the Revised Code;	1016

(4) Unless the individual holds a valid license,	1017
registration, certificate, or credentials issued under another	1018
chapter of the Revised Code that authorizes the individual to	1019
engage in a profession whose scope of practice includes chemical	1020
dependency counseling and diagnosing and treating chemical	1021
dependency conditions, pass one or more examinations administered	1022
pursuant to section 4758.22 of the Revised Code for the purpose of	1023
determining competence to practice as an independent chemical	1024
dependency counselor.	1025

(B) To meet the requirements of this division, an individual	1026
must meet both of the following requirements:	1027

(1) Hold, on December 23, 2002, a certificate or credentials	1028
that were accepted under former section 3793.07 of the Revised	1029
Code as authority to practice as a certified chemical dependency	1030
counselor III or certified chemical dependency counselor III-E;	1031

(2) Meet one of the following requirements:

1032

(a) Hold the degree described in division (A)(1) of this	1033
section;	1034

(b) Have held a chemical dependency counselor III, II, or I	1035
certificate for at least eight consecutive years and have not less	1036
than forty clock hours of training on the version of the	1037
diagnostic and statistical manual of mental disorders that is	1038
current at the time of the training. The training must meet the	1039
requirements specified in rules adopted under section 4758.20 of	1040
the Revised Code. An individual authorized under Chapter 4731. of	1041
the Revised Code to practice medicine and surgery or osteopathic	1042
medicine and surgery, a psychologist licensed under Chapter 4732.	1043
of the Revised Code, or a licensed professional clinical counselor	1044
or independent social worker licensed under Chapter 4757. of the	1045
Revised Code may provide any portion of the training. An	1046
independent chemical dependency counselor licensed under this	1047
chapter who holds the degree described in division (A)(1) of this	1048
section may provide the portion of the training on chemical	1049
dependency conditions.	1050

Sec. 4758.41. An individual seeking a chemical dependency	1051
counselor III license shall meet the requirements of division (A),	1052
(B), or (C) of this section.	1053

(A) To meet the requirements of this division, an individual	1054
must meet all of the following requirements:	1055

(1) Hold from an accredited educational institution at least	1056
a bachelor's degree in a behavioral science or nursing that meets	1057
the course requirements specified in rules adopted under section	1058
4758.20 of the Revised Code;	1059

(2) Have not less than two thousandthe number of hours	1060
specified in rules adopted under section 4758.20 of the Revised	1061
Code of compensated work or supervised internship experience in	1062
any of the following, not less than four hundred hourstwenty per	1063
cent of which are in chemical dependency counseling:	1064

(a) Chemical dependency services, substance abuse services,	1065
or both types of services;	1066

(b) The practice of psychology, as defined in section 4732.01	1067
of the Revised Code;	1068

(c) The practice of professional counseling, the practice of	1069
social work, or the practice of marriage and family therapy, all	1070
as defined in section 4757.01 of the Revised Code.	1071

(3) Have a minimum of one hundred eightythe number of hours	1072
specified in rules adopted under section 4758.20 of the Revised	1073
Code of training in chemical dependency that meets the	1074
requirements specified in those rules adopted under section	1075
4758.20 of the Revised Code;	1076

(4) Unless the individual holds a valid license,	1077
registration, certificate, or credentials issued under another	1078
chapter of the Revised Code that authorizes the individual to	1079
engage in a profession whose scope of practice includes chemical	1080
dependency counseling and diagnosing and treating chemical	1081
dependency conditions, pass one or more examinations administered	1082
pursuant to section 4758.22 of the Revised Code for the purpose of	1083
determining competence to practice as a chemical dependency	1084
counselor III.	1085

(B) To meet the requirements of this division, an individual	1086
must meet both of the following requirements:	1087

(1) Hold, on December 23, 2002, a certificate or credentials	1088
that were accepted under former section 3793.07 of the Revised	1089
Code as authority to practice as a certified chemical dependency	1090
counselor III or certified chemical dependency counselor III-E;	1091

(2) Have not less than forty clock hours of training on the	1092
version of the diagnostic and statistical manual of mental	1093
disorders that is current at the time of the training. The	1094
training must meet the requirements specified in rules adopted	1095
under section 4758.20 of the Revised Code. An individual	1096
authorized under Chapter 4731. of the Revised Code to practice	1097
medicine and surgery or osteopathic medicine and surgery, a	1098
psychologist licensed under Chapter 4732. of the Revised Code, or	1099
a licensed professional clinical counselor or independent social	1100
worker licensed under Chapter 4757. of the Revised Code may	1101
provide any portion of the training. An independent chemical	1102
dependency counselor licensed under this chapter who holds the	1103
degree described in division (A)(1) of section 4758.40 of the	1104
Revised Code may provide the portion of the training on chemical	1105
dependency conditions.	1106

(C) To meet the requirements of this division, an individual	1107
must meet all of the following requirements:	1108

(1) Hold, on December 23, 2002, a certificate or credentials	1109
that were accepted under former section 3793.07 of the Revised	1110
Code as authority to practice as a certified chemical dependency	1111
counselor II;	1112

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

1113

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

1114

Sec. 4758.42. An individual seeking a chemical dependency	1115
counselor II license shall meet the requirements of division (A)	1116
or (B) of this section.	1117

(A) To meet the requirements of this division, an individual	1118
must meet all of the following requirements:	1119

(1) Hold from an accredited educational institution an	1120
associate's degree in a behavioral science or nursing or a	1121
bachelor's degree in any field;	1122

(2) Have not less than two thousandthe number of hours	1123
specified in rules adopted under section 4758.20 of the Revised	1124
Code of compensated work or supervised internship experience in	1125
any of the following, not less than four hundred hourstwenty per	1126
cent of which are in chemical dependency counseling:	1127

(a) Chemical dependency services, substance abuse services,	1128
or both types of services;	1129

(b) The practice of psychology, as defined in section 4732.01	1130
of the Revised Code;	1131

(c) The practice of professional counseling, the practice of	1132
social work, or the practice of marriage and family therapy, all	1133
as defined in section 4757.01 of the Revised Code.	1134

(3) Have a minimum of one hundred eightythe number of hours	1135
specified in rules adopted under section 4758.20 of the Revised	1136
Code of training in chemical dependency that meets the	1137
requirements specified in those rules adopted under section	1138
4758.20 of the Revised Code;	1139

(4) Pass one or more examinations administered pursuant to	1140
section 4758.22 of the Revised Code for the purpose of determining	1141
competence to practice as a chemical dependency counselor II.	1142

(B) To meet the requirement of this division, an individual	1143
must hold, on December 23, 2002, a certificate or credentials that	1144
were accepted under former section 3793.07 of the Revised Code as	1145
authority to practice as a certified chemical dependency counselor	1146
II.	1147

Sec. 4758.43. An individual seeking a chemical dependency	1148
counselor assistant certificate shall meet either of the following	1149
requirements:	1150

(A) Have at least fortythe number of hours specified in	1151
rules adopted under section 4758.20 of the Revised Code of	1152
training in chemical dependency counseling that meets the	1153
requirements specified in those rules adopted under section	1154
4758.20 of the Revised Code;	1155

(B) Hold, on December 23, 2002, a certificate or credentials	1156
that were accepted under former section 3793.07 of the Revised	1157
Code as authority to practice as a registered candidate.	1158

Sec. 4758.44. An individual seeking a prevention specialist	1159
IIconsultant certificate shall meet the requirements of division	1160
(A) or (B) of this section.	1161

(A) To meet the requirements of this division, an individual	1162
must meet all of the following requirements:	1163

(1) Have at least six thousandthe number of hours specified	1164
in rules adopted under section 4758.20 of the Revised Code of	1165
compensated work experience in alcohol and other drug prevention	1166
services, including at least four thousandthe number of hours	1167
specified in those rules of administering or supervising the	1168
services;	1169

(2) Hold from an accredited educational institution at least	1170
a bachelor's degree in a field of study specified in rules adopted	1171
under section 4758.20 of the Revised Code;	1172

(3) Have at least one hundredthe number of hours specified	1173
in rules adopted under section 4758.20 of the Revised Code of	1174
prevention-related education that meets the requirements specified	1175
in those rules adopted under section 4758.20 of the Revised Code;	1176

(4) Have at least the number of hours specified in rules	1177
adopted under section 4758.20 of the Revised Code of	1178
administrative or supervisory education specified in rules adopted	1179
under section 4758.20 of the Revised Code;	1180

(5) Pass one or more examinations administered pursuant to	1181
section 4758.22 of the Revised Code for the purpose of determining	1182
competence to practice as a prevention specialist IIconsultant.	1183

(B) To meet the requirement of this division, an individual	1184
must hold, on December 23, 2002, a certificate or credentials that	1185
were accepted under former section 3793.07 of the Revised Code as	1186
authority to practice as a certified prevention specialist II.	1187

Sec. 4758.45. An individual seeking a prevention specialist I	1188
certificate shall meet the requirements of division (A) or (B) of	1189
this section.	1190

(A) To meet the requirements of this division, an individual	1191
must meet all of the following requirements:	1192

(1) Have at least two thousandthe number of hours specified	1193
in rules adopted under section 4758.20 of the Revised Code of	1194
compensated or volunteer work, field placement, intern, or	1195
practicum experience in alcohol and other drug prevention	1196
services, including at least four hundredthe number of hours	1197
specified in those rules of planning or delivering the services;	1198

(2) Hold from an accredited educational institution at least	1199
an associate's degree in a field of study specified in rules	1200
adopted under section 4758.20 of the Revised Code;	1201

(3) Have at least one hundredthe number of hours specified	1202
in rules adopted under section 4758.20 of the Revised Code of	1203
prevention-related education that meets the requirements specified	1204
in those rules adopted under section 4758.20 of the Revised Code;	1205

(4) Pass one or more examinations administered pursuant to	1206
section 4758.22 of the Revised Code for the purpose of determining	1207
competence to practice as a prevention specialist I.	1208

(B) To meet the requirement of this division, an individual	1209
must hold, on December 23, 2002, a certificate or credentials that	1210
were accepted under former section 3793.07 of the Revised Code as	1211
authority to practice as a certified prevention specialist I.	1212

Sec. 4758.46. An individual seeking a prevention specialist	1213
assistant certificate shall meet all of the following	1214
requirements:	1215

(A) Be at least eighteen years of age;

1216

(B) Have at least a high school diploma or high school	1217
equivalence diploma;	1218

(C) Have at least one hundredthe number of hours specified	1219
in rules adopted under section 4758.20 of the Revised Code of	1220
compensated or volunteer work, field placement, intern, or	1221
practicum experience in alcohol and other drug prevention	1222
services;	1223

(D) Have at least forty-fivethe number of hours specified in	1224
rules adopted under section 4758.20 of the Revised Code of	1225
prevention-related education that meets the requirements specified	1226
in those rules adopted under section 4758.20 of the Revised Code.	1227

Sec. 4758.60. An individual who holds a valid prevention	1228
specialist IIconsultant certificate or prevention specialist I	1229
certificate issued under this chapter may engage in the practice	1230
of prevention services as specified in rules adopted under section	1231
4758.20 of the Revised Code.	1232

Sec. 4758.61. An individual who holds a valid prevention	1233
specialist assistant certificate or registered applicant	1234
certificate issued under this chapter may engage in the practice	1235
of alcohol and other drug prevention services under the	1236
supervision of any of the following:	1237

(A) A prevention specialist IIconsultant or prevention	1238
specialist I certified under this chapter;	1239

(B) An independent chemical dependency counselor-clinical	1240
supervisor, an independent chemical dependency counselor, or a	1241
chemical dependency counselor III licensed under this chapter;	1242

(C) An individual authorized under Chapter 4731. of the	1243
Revised Code to practice medicine and surgery or osteopathic	1244
medicine and surgery;	1245

(D) A psychologist licensed under Chapter 4732. of the	1246
Revised Code;	1247

(E) A registered nurse licensed under Chapter 4723. of the	1248
Revised Code;	1249

(F) A licensed professional clinical counselor, a licensed	1250
professional counselor, an independent social worker, a social	1251
worker, an independent marriage and family therapist, or a	1252
marriage and family therapist licensed under Chapter 4757. of the	1253
Revised Code;	1254

(G) A school counselor licensed by the department of	1255
education pursuant to section 3319.22 of the Revised Code;	1256

(H) A health education specialist certified by the national	1257
commission for health education credentialing;	1258

(I) An individual authorized to practice as a certified nurse	1259
practitioner or clinical nurse specialist under Chapter 4723. of	1260
the Revised Code.	1261

Section 2.  That existing sections 2305.234, 4757.41,	1262
4758.01, 4758.02, 4758.10, 4758.13, 4758.20, 4758.21, 4758.22,	1263
4758.23, 4758.30, 4758.31, 4758.36, 4758.39, 4758.40, 4758.41,	1264
4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.60, and 4758.61	1265
of the Revised Code are hereby repealed.	1266

Section 3. (A) This act renames two of the certificates	1267
issued by the Chemical Dependency Professionals Board as follows:	1268

(1) A prevention specialist I certificate is renamed a	1269
prevention specialist certificate;	1270

(2) A prevention specialist II certificate is renamed a	1271
prevention consultant certificate.	1272

(B) A certificate described in division (A) of this section	1273
that is valid on the effective date of this act constitutes the	1274
renamed certificate and remains valid until its expiration date,	1275
unless earlier suspended or revoked by the Board.	1276