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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 |
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) | 75 |
counselors-clinical supervisors, independent chemical dependency | 76 |
counselors, chemical dependency counselors III, and chemical | 77 |
dependency counselors II, licensed | 78 |
4758. of the Revised Code | 79 |
80 | |
81 | |
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 | 333 |
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) | 342 |
certificate under Chapter 4758. of the Revised Code who | 343 |
acting within the scope of | 344 |
certificate as | 345 |
dependency counseling or | 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 | 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 | 393 |
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) | 421 |
422 | |
423 | |
424 |
| 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 |
| 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 |
| 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 | 441 |
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 | 482 |
consultant," " | 483 |
"CPS | 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 | 506 |
consultant certificate or prevention specialist | 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 | 514 |
prevention services and have not been involved in the delivery of | 515 |
chemical dependency counseling services or | 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 | 519 |
520 | |
chemical dependency counseling services or | 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 | 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, | 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 |
| 635 |
| 636 |
populations; | 637 |
| 638 |
populations; | 639 |
| 640 |
| 641 |
| 642 |
| 643 |
| 644 |
| 645 |
| 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 |
| 660 |
4758.41 of the Revised Code, course requirements for a degree in a | 661 |
behavioral science or nursing; | 662 |
| 663 |
of the Revised Code, | 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 |
| 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 |
| 681 |
4758.44, division (A)(3) of section 4758.45, and division (D) of | 682 |
section 4758.46 of the Revised Code, | 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 |
| 688 |
4758.44 of the Revised Code, the number of hours of administrative | 689 |
or supervisory education that an individual must have; | 690 |
| 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 |
| 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 |
| 708 |
Code, continuing education requirements for individuals who hold a | 709 |
license, certificate, or endorsement issued under this chapter; | 710 |
| 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 |
| 715 |
4758.52 of the Revised Code, training requirements for chemical | 716 |
dependency counseling; | 717 |
| 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 | 729 |
specialist | 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 |
| 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 |
| 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 | 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 | 761 |
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 | 770 |
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 | 800 |
prevention specialist | 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 | 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 | 826 |
consultant certificate, prevention specialist | 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 | 847 |
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 |
873 | |
counseling, or fields related to chemical dependency counseling, | 874 |
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 | 884 |
prevention specialist | 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 | 891 |
prevention specialist | 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, | 900 |
901 | |
counseling | 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 | 920 |
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 | 940 |
education | 941 |
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 | 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 | 961 |
those rules of clinical supervisory experience | 962 |
963 | |
following, not less than | 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 | 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 | 976 |
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 | 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 | 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 | 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 | 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
| 1015 |
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 | 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 | 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 | 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
| 1075 |
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 | 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 | 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 | 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
| 1138 |
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 | 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 | 1154 |
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 | 1159 |
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 | 1164 |
in rules adopted under section 4758.20 of the Revised Code of | 1165 |
compensated work experience in | 1166 |
services, including at least | 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 | 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 | 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 | 1179 |
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 | 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 | 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 | 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 | 1196 |
services, including at least
| 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 | 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 | 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 | 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 | 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 | 1222 |
services; | 1223 |
(D) Have at least | 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 | 1227 |
Sec. 4758.60. An individual who holds a valid prevention | 1228 |
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 | 1236 |
supervision of any of the following: | 1237 |
(A) A prevention | 1238 |
specialist | 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 |