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(124th General Assembly)
(Amended Substitute House Bill Number 496)
AN ACT
To amend sections 125.22, 3793.07, 4743.05, 4745.01,
and
4757.41; to
enact
sections 4758.01, 4758.02 to
4758.04, 4758.06, 4758.10 to 4758.13,
4758.15 to
4758.18, 4758.20 to 4758.32, 4758.35,
4758.36,
4758.40 to 4758.45, 4758.50, 4758.51,
4758.53,
4758.55 to 4758.61, 4758.70, 4758.71, and 4758.99
of the
Revised
Code;
to repeal Sections 6 and 7 of
Am.
Sub.
S.B. 172 of the 123rd General
Assembly;
and to repeal Section 8 of Am. Sub. S.B. 172 of the
123rd General Assembly, as subsequently amended, to
create
the Chemical Dependency
Professionals Board,
to
require licensure or
certification of
chemical
dependency
counselors, to
authorize the
certification of
alcohol
and other
drug prevention
specialists, and to make
an
appropriation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 125.22, 3793.07, 4743.05, 4745.01,
and
4757.41 be
amended and
sections 4758.01, 4758.02, 4758.03,
4758.04, 4758.06,
4758.10, 4758.11, 4758.12,
4758.13,
4758.15,
4758.16,
4758.17, 4758.18, 4758.20,
4758.21,
4758.22, 4758.23,
4758.24,
4758.25, 4758.26, 4758.27, 4758.28, 4758.29,
4758.30,
4758.31, 4758.32, 4758.35, 4758.36,
4758.40, 4758.41, 4758.42,
4758.43, 4758.44, 4758.45,
4758.50,
4758.51, 4758.53, 4758.55,
4758.56, 4758.57, 4758.58, 4758.59, 4758.60, 4758.61, 4758.70,
4758.71, and
4758.99
of the
Revised
Code be enacted to read as
follows:
Sec. 125.22. (A) The department of administrative
services
shall establish the central service agency to perform
routine
support for the following boards and commissions: (1) State board of examiners of architects; (2) Barber board; (3) State chiropractic board; (4) State board of cosmetology; (5) Accountancy board; (6) State dental board; (7) State board of optometry; (8) Ohio occupational therapy, physical therapy, and
athletic trainers board; (9) State board of registration for professional
engineers
and surveyors; (10) State board of sanitarian registration; (11) Board of embalmers and funeral directors; (12) State board of psychology; (13) Ohio optical dispensers board; (14) Board of speech pathology and audiology; (15) Counselor and social worker board; (16) State veterinary medical licensing board; (17) Ohio board of dietetics; (18) Commission on Hispanic-Latino affairs; (19) Ohio respiratory care board; (20) Ohio commission on African-American males; (21) Chemical dependency professionals board. (B)(1) Notwithstanding any other section of the Revised
Code, the agency shall perform the following routine support
services for the boards and commissions named in division (A) of
this section unless the controlling board exempts a board or
commission from this requirement on the recommendation of the
director of administrative services: (a) Preparing and processing payroll and other personnel
documents; (b) Preparing and processing vouchers, purchase orders,
encumbrances, and other accounting documents; (c) Maintaining ledgers of accounts and balances; (d) Preparing and monitoring budgets and allotment plans
in
consultation with the boards and commissions; (e) Other routine support services that the director of
administrative services considers appropriate to achieve
efficiency. (2) The agency may perform other services which a board or
commission named in division (A) of this section delegates to the
agency and the agency accepts. (3) The agency may perform any service for any
professional
or occupational licensing board not named in
division (A) of this
section or any commission if the board or
commission requests such
service and the agency accepts. (C) The director of administrative services shall be the
appointing authority for the agency. (D) The agency shall determine the fees to be charged to
the
boards and commissions, which shall be in proportion to the
services performed for each board or commission. (E) Each board or commission named in division (A) of this
section and any other board or commission requesting services
from
the agency shall pay these fees to the agency from the
general
revenue fund maintenance account of the board or
commission or
from such other fund as the operating expenses of
the board or
commission are paid. Any amounts set aside for a
fiscal year by a
board or commission to allow for the payment of
fees shall be used
only for the services performed by the agency
in that fiscal year.
All receipts collected by the agency shall
be deposited in the
state treasury to the credit of the central
service agency fund,
which is hereby created. All expenses
incurred by the agency in
performing services for the boards or
commissions shall be paid
from the fund. (F) Nothing in this section shall be construed as a grant
of
authority for the central service agency to initiate or deny
personnel or fiscal actions for the boards and commissions.
Sec. 3793.07. (A) As used in this section: (1) "Medicare program" means the program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended; (2) "Medicaid program" means the program established under
Title XIX of the "Social Security Act." (B)
The
Except as provided in division (D) of this section,
the department of alcohol and drug addiction services shall
establish and administer a process for
the certification or
credentialing of
chemical dependency
professionals
counselors and
alcohol and other drug prevention specialists for the
purpose
of
qualifying
the
their services
provided by chemical
dependency
professionals for
reimbursement under the medicare or
medicaid
program. The
process shall be made available to any
individual
who is a member
of the profession of
alcoholism
counseling, drug
abuse
counseling, or chemical dependency
counseling, or any
individual
who is an
alcoholism or
alcohol and
other drug
abuse
prevention
consultant or
specialist. Nothing in
this section
shall be
construed
as requiring such certification or
credentials
for
services that
are not reimbursed by medicare or
medicaid.
The department shall cease to administer its process for the
certification or credentialing of chemical dependency counselors
and alcohol and other drug prevention specialists under this
section at the earlier of the following:
(1) The date, which shall be specified in an agreement
between the department and chemical dependency professionals
board, on which the board is to assume, under Chapter 4758. of the
Revised Code, the department's certification duties;
(2) Two years after the effective date of this amendment. (C) The department shall adopt rules in accordance with
Chapter
119. of the Revised Code establishing standards and
procedures for
the certification or credentialing process. The
rules shall include the
following: (1) Eligibility requirements; (2) Application procedures; (3) Minimum educational and clinical training requirements
that
must be met for initial certification or credentialing; (4) Continuing education and training requirements for
certified
or credentialed individuals; (5) Application and renewal fees that do not exceed the cost
incurred by the department in implementing and administering the
process; (6) Administration or approval of examinations; (7) Investigation of complaints and alleged violations of
this
section; (8) Maintenance of the confidentiality of the department's
investigative records; (9) Disciplinary actions, including application
denial and
suspension or revocation of certification or
credentials; (10) Any other rules the department considers necessary to
establish or administer the certification or credentialing
process. (D)(1) Except as provided in division (D)(2) of this section,
the department shall not issue an initial certificate or
credential to practice as a chemical dependency counselor I, but
may renew such a certificate or credential issued prior to the
effective date of this amendment or pursuant to division (D)(2) of
this section until the department ceases to
administer the
certification and credentialing process under this section. (2) The department may issue an initial certificate or
credential to practice as a chemical dependency counselor I to an
individual if the individual submitted the application for
certification or credentials to the department prior to the
effective date of this amendment.
(E) The department shall investigate alleged violations of
this
section or the rules adopted under it. As part of its
investigation, the
department may issue subpoenas, examine
witnesses, and
administer oaths. The department shall ensure that
all records it
holds pertaining to an investigation remain
confidential. (E)(F) With respect to hearings conducted by the department
as part
of the certification or credentialing process, both of the
following
apply:
(1) An individual whose application for certification or
credentials issued under this section has been denied by the
department
may request a hearing in accordance with Chapter 119.
of the
Revised Code and the rules
adopted under this section. (2) The department may appoint a referee or hearing examiner
to
conduct the proceedings and make recommendations to the
department as
appropriate. (F)(G) The department shall maintain a record of all fees
collected
under this section. All fees collected shall be paid
into the state treasury
to the credit of the credentialing fund,
which is
hereby created. Money credited to the fund shall be used
solely
to pay the costs of establishing and administering the
process for
certification or credentialing of chemical dependency
professionals under this
section.
(G) Certifications
Money credited to the credentialing fund
under this section shall be transferred to the occupational
licensing and regulatory fund created under section 4743.05 of the
Revised Code at the earlier of the following:
(1) The date, which shall be specified in an agreement
between the department and chemical dependency professionals
board, on which the board is to assume, under Chapter 4758. of the
Revised Code, the department's certification duties;
(2) Two years after the effective date of this amendment.
(H) Certifications made and credentials issued by the Ohio
credentialing board for chemical dependency professionals prior to
the date
the department establishes its certification or
credentialing
process under this section
shall continue to be
accepted by the department
until, with respect to any particular
individual, one of the
following occurs: (1) The individual's certification or credentials from the
board
have expired. (2) The individual's certification or credentials from the
board
would be suspended or revoked by the department if the
certification or
credentials had been issued by the department
under this section.
Sec. 4743.05. Except as otherwise provided in
sections
4701.20 and 4729.65 of the Revised Code, all money
collected
under
Chapters 3773., 4701., 4703., 4709., 4713., 4715.,
4717.,
4723.,
4725.,
4729., 4732., 4733., 4734., 4736., 4741.,
4753.,
4755.,
4757.,
4758., 4759., and 4761.
of the Revised Code, and
until
December
31, 2004, money
collected under Chapter 4779. of
the
Revised
Code,
shall
be paid into the state treasury to the
credit
of the
occupational
licensing and regulatory fund, which is
hereby
created for use in
administering such chapters.
At the end of each quarter, the director of budget and
management shall
transfer
from the occupational licensing and
regulatory fund to the nurse
education assistance fund created in
section 3333.28
of the Revised Code the amount certified to the
director
under division (B) of section 4723.08 of the Revised
Code. At
the end of
each quarter, the director shall transfer
from
the
occupational licensing and regulatory fund to the
certified
public
accountant education assistance fund created in
section
4701.26 of
the Revised Code the amount certified to the
director
under
division
(H)(2) of section 4701.10 of the Revised
Code.
Sec. 4745.01. (A) "Standard renewal procedure," as used in
Chapters 905.,
907., 909., 911., 913., 915., 918., 921., 923.,
927., 942., 943.,
953., 1321., 3710., 3713., 3719., 3731., 3742.,
3748., 3769.,
3783., 3921., 3951., 4104., 4105., 4143., 4169.,
4561.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,
4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,
4747.,
4749., 4753., 4755., 4757.,
4758., 4759., 4761., 4766.,
4773., and 4775. of the
Revised Code, means the license renewal
procedures specified in
this chapter. (B) "Licensing agency," as used in this chapter, means any
department, division, board, section of a board, or other state
governmental unit subject to the standard renewal procedure, as
defined in this section, and authorized by the Revised Code to
issue a license to engage in a specific profession, occupation,
or
occupational activity, or to have charge of and operate
certain
specified equipment, machinery, or premises. (C) "License," as used in this chapter, means a license,
certificate, permit, card, or other authority issued or conferred
by a licensing agency by authority of which the licensee has or
claims the privilege to engage in the profession, occupation, or
occupational activity, or to have control of and operate certain
specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction. (D) "Licensee," as used in this chapter, means either the
person to whom the license is issued or renewed by a licensing
agency, or the person, partnership, or corporation at whose
request the license is issued or renewed. (E) "Renewal" and "renewed," as used in this chapter and
in
the chapters of the Revised Code specified in division (A) of
this
section, includes the continuing licensing procedure
provided in
Chapter 3748. of the Revised Code and
rules adopted under it and
in sections 1321.05
and 3921.33 of the Revised Code, and as
applied to those
continuing
licenses any reference in this chapter
to the date of expiration
of any license shall be construed to
mean the due date of the
annual or other fee for the continuing
license.
Sec. 4757.41. (A) This chapter shall not apply to the
following: (1) A person certified by the state board of education
under
Chapter 3319. of the Revised Code while performing any
services
within the person's scope of employment by a board of
education or
by a private school meeting the standards prescribed
by the state
board of education under division (D) of section
3301.07 of the
Revised Code or in a program operated under
Chapter 5126. of the
Revised Code for training
individuals with mental retardation or
other developmental disabilities; (2) Psychologists or school psychologists licensed under
Chapter 4732. of the Revised Code; (3) Members of other professions licensed, certified, or
registered by this state while performing services within the
recognized scope, standards, and ethics of their respective
professions; (4) Rabbis, priests, Christian science practitioners,
clergy, or members of religious orders and other individuals
participating with them in pastoral counseling when the
counseling
activities are within the scope of the performance of
their
regular or specialized ministerial duties and are performed
under
the auspices or sponsorship of an established and legally
cognizable church, denomination, or sect or an integrated
auxiliary of a church as defined in federal tax regulations,
paragraph (g)(5) of 26 C.F.R. 1.6033-2 (1995), and when the
individual rendering the service remains accountable to the
established authority of that church, denomination, sect, or
integrated auxiliary; (5) Any person employed in the civil service as defined in
section 124.01 of the Revised Code while engaging
in social work
or professional counseling as a civil service employee; (6) A student in an accredited educational institution
while
carrying out activities that are part of the student's
prescribed
course of study if the activities are supervised as required by
the educational institution and if the student does not hold
herself or
himself out as a person licensed or registered under
this chapter; (7)
Individuals
Until two years after the date the department
of alcohol and
drug addiction services ceases to administer its
process for the
certification or credentialing of chemical
dependency counselors
and alcohol and other drug prevention
specialists under
section
3793.07 of the Revised Code, as
specified in
division (B)
of that
section, or in the case of an
individual who has the expiration date of the individual's
certificate or credentials delayed under section 4758.04 of the
Revised Code, until the date of the delayed expiration,
individuals
with certification or
credentials
accepted by
the
department
of
alcohol and drug
addiction services
under
that
section
3793.07 of the Revised Code
who are acting
within
the
scope of their certification or
credentials as members
of the
profession
of
alcoholism counseling,
drug abuse counseling,
or
chemical dependency
counseling, or as
alcoholism or
alcohol and
other drug
abuse
prevention
consultants or
specialists; (8)
Individuals who hold a license or certificate under
Chapter 4758. of the Revised Code who are acting within the scope
of their license or certificate as members of the profession of
chemical dependency counseling or alcohol and other drug
prevention services; (9) Any person employed by the American red cross while
engaging in activities relating to services for military families
and veterans and disaster relief, as described in the "American
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as
amended; (9)(10) Members of labor organizations who hold union
counselor certificates while performing services in their
official
capacity as union counselors;
(10)(11) Any person employed in a hospital as defined in
section 3727.01 of the Revised Code or in a nursing home as
defined in section 3721.01 of the Revised Code while providing as
a hospital employee or nursing home employee, respectively,
social
services other than counseling and the use of psychosocial
interventions and social psychotherapy.
(B) Divisions (A)(5),
(8)(9), and
(10)(11) of this section
do
not prevent a person described in those divisions from
obtaining a
license or certificate of registration under this
chapter.
Sec. 4758.01. As used in this chapter:
(A) "Accredited educational institution" means an
educational institution accredited by an accrediting agency
accepted by the Ohio board of regents.
(B)(1) "Alcohol and other drug clinical counseling
principles, methods, or
procedures" means an approach to chemical
dependency
counseling that emphasizes the chemical dependency
counselor's role in systematically
assisting clients through all
of the following:
(a) Analyzing background and current
information;
(b) Exploring possible solutions;
(c) Developing and providing a treatment plan;
(d) In the case of an independent chemical dependency
counselor or chemical dependency counselor III only, diagnosing
chemical dependency conditions.
(2) "Alcohol and other drug clinical counseling principles,
methods, or
procedures" includes counseling, assessing,
consulting, and
referral as they relate to chemical dependency
conditions.
(C) "Alcohol and other drug prevention services" means a
planned process of strategies and activities designed to
preclude
the onset of the use of alcohol and
other drugs, reduce
problematic use of alcohol and other drugs,
or both.
(D) "Chemical dependency conditions" means those conditions
relating to the abuse of or dependency on alcohol or other drugs
that are classified in accepted nosologies, including the
diagnostic and statistical manual of mental disorders and the
international classification of diseases, and in editions of those
nosologies published after the effective date of this section.
(E) "Chemical dependency counseling" means rendering or
offering to render to individuals, groups, or the public a
counseling service involving the application of alcohol and other
drug clinical
counseling principles, methods, or procedures to
assist
individuals who are abusing or dependent on alcohol or
other
drugs. (F) "Scope of practice" means the services, methods, and
techniques in which and the areas for which a person who holds a
license or certificate under this chapter is trained and
qualified.
Sec. 4758.02. (A) Effective two years after the date the
department of alcohol and drug addiction services ceases to
administer its certification and credentialing process under
section 3793.07 of the Revised Code as specified in division (B)
of that section and except as provided in sections 4758.03 and
4758.04 of the Revised Code, no person shall do any of the
following:
(1) Engage in or represent to the public that the person
engages
in chemical dependency counseling for a fee, salary, or
other
consideration unless the person holds a valid independent
chemical
dependency counselor license, chemical dependency
counselor III
license, chemical dependency counselor II license,
chemical
dependency counselor I certificate, or chemical
dependency
counselor assistant certificate issued under this
chapter;
(2) Use the title "licensed independent chemical dependency
counselor," "LICDC," "licensed chemical dependency counselor III,"
"LCDC III," "licensed chemical dependency counselor II," "LCDC
II," "certified chemical dependency counselor I," "CCDC I,"
"chemical dependency counselor assistant," "CDCA," or any other
title or description incorporating the word "chemical dependency
counselor" or any other initials used to identify persons acting
in those capacities unless currently authorized under this chapter
to act in the capacity indicated by the title or initials;
(3) Represent to the public that the person is a registered
applicant unless the person holds a valid registered applicant
certificate issued under this chapter;
(4) Use the title "certified prevention specialist II,"
"CPS II," "certified prevention specialist I," "CPS I,"
"registered applicant," or any other title, description, or
initials used to identify persons acting in those capacities
unless currently authorized under this chapter to act in the
capacity indicated by the title or initials.
(B) Effective six years after the effective date of this
section, no person shall engage in or represent to the public that
the person engages in chemical dependency counseling as a chemical
dependency counselor I.
Sec. 4758.03. Division (A) of section 4758.02 of the Revised
Code does not apply to any of the
following:
(A) An individual who holds a valid license, registration,
certificate, or credentials issued under another chapter of the
Revised Code while
performing services within the recognized
scope, standards, and
ethics of the individual's profession;
(B) An individual who is a rabbi, priest, Christian Science
practitioner, clergy, or member of a religious order and other
individuals participating with them in pastoral counseling when
the chemical dependency counseling activities are within the scope
of the performance of their regular or specialized ministerial
duties and are performed under the auspices or sponsorship of an
established and legally cognizable church, denomination, or sect
or an integrated auxiliary of a church as defined in paragraph (h)
of 26 Code of Federal Regulations 1.6033-2 (2000) as amended, and
the individual rendering the service remains accountable to the
established authority of that church, denomination, sect, or
integrated auxiliary;
(C) A student in an accredited educational institution
while carrying out activities that are part of the student's
prescribed course of study if the activities are supervised as
required by the educational institution and the student is not
represented as an individual who holds a license or certificate
issued under
this chapter.
Sec. 4758.04. After the date the department of alcohol and
drug addiction services ceases to administer its certification and
credentialing process under section 3793.07 of the Revised Code as
specified in division (B) of that section, an individual who
holds, on the effective date of this section, a valid certificate
or credentials that are accepted under section 3793.07 of the
Revised Code as authority to practice as a chemical dependency
counselor or alcohol and other drug prevention specialist may
apply to the chemical dependency professionals board for the board
to delay the expiration date of the individual's certificate or
credentials. If the board determines that there is good cause for
delaying the expiration date, the board may delay the expiration
date until a date the board specifies. The date the board
specifies shall not be later than the date that is three years
after the effective date of the board's initial rules adopted
under section 4758.20 of the Revised Code.
An individual who has the expiration date of the
individual's certificate or credentials delayed under this section
may perform services within the scope, standards, and ethics of
the certificate or credentials until the date of the delayed
expiration date.
Sec. 4758.06. No individual who holds or has held a license
or certificate issued under this chapter shall disclose any
information regarding the identity, diagnosis, or treatment of any
of the individual's clients or consumers except for the purposes
and under the circumstances expressly authorized by 42 U.S.C.A.
290dd-2, regulations promulgated pursuant to that federal law,
other federal law enacted after the effective date of this section
to replace 42 U.S.C.A. 290dd-2, or regulations promulgated under
the replacement federal law. The prohibition of this section
applies whether or not the information is recorded.
Sec. 4758.10. (A) There is hereby created the chemical
dependency professionals board.
(B) The governor shall appoint all of the following
voting members of the board with the advice and consent of the
senate:
(1) Four individuals who hold a valid independent chemical
dependency counselor license issued under this chapter, including
at least two of whom have received at least a master's degree in a
field related to chemical dependency counseling from an accredited
educational institution;
(2) Two individuals who hold a valid chemical dependency
counselor III license issued under this chapter;
(3) One individual who holds a valid chemical dependency
counselor II license issued under this chapter;
(4) Two individuals who hold a valid prevention specialist
II certificate or prevention specialist I certificate issued under
this chapter;
(5) One individual who is authorized under
Chapter 4731. of
the Revised Code to practice medicine and surgery
or osteopathic
medicine and surgery and has experience practicing
in a field
related to chemical dependency counseling;
(6) Two individuals who represent the public and have not
practiced chemical dependency counseling or alcohol and other drug
prevention services and have not been involved in the delivery of
chemical dependency counseling services or alcohol and other drug
prevention services. At least one of these individuals shall be
at least sixty years of age. During their terms, the public
members shall not practice chemical dependency counseling or
alcohol and other drug prevention services or be involved in the
delivery of chemical dependency counseling services or alcohol and
other drug prevention services.
(C) Not later than ninety days after the effective date of
this section, the director of alcohol and drug addiction services
shall appoint an individual who represents the department of
alcohol and drug addiction services to serve as an ex officio
member of the chemical dependency professionals board.
(D) Not more than one-half of the voting members of the
board may be of the same gender or members of the same political
party. At least two voting members of the board shall be of
African, Native American, Hispanic, or Asian descent.
Sec. 4758.11. Of the initial appointees to the chemical
dependency professionals board appointed by the governor under
division (B) of section 4758.10 of the Revised Code, four shall be
appointed for terms ending one year after the effective date of
this section, four shall be appointed for terms ending two years
after the effective date of this section, and four shall be
appointed for terms ending three years after the effective date of
this section. After the initial appointments, terms of office
shall be three years, each term ending on the same day of the same
month of the year as the term it succeeds.
A voting member of the board shall hold office from the date
of appointment until the end of the term for which the member was
appointed. A voting member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of
that term. A voting member shall continue in office after the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed,
whichever occurs first. Voting members may be reappointed, except
that an individual who has held office for two consecutive full
terms shall not be reappointed sooner than one year after the
expiration of the second full term.
The ex officio member of the board appointed by the director
of alcohol and drug addiction services under division (C) of
section 4758.10 of the Revised Code shall serve at the pleasure of
the director.
Sec. 4758.12. The voting members of the chemical dependency
professionals board shall receive an amount fixed under division
(J) of section 124.15 of the Revised Code for each day employed in
the discharge of their official duties as board members and shall
be reimbursed for their necessary and actual expenses incurred in
the performance of their official duties.
Sec. 4758.13. The chemical dependency professionals board
shall meet to discuss matters relating to the administration and
operation of the board and the regulation of the practices of
chemical dependency counseling and alcohol and other drug
prevention services. The board shall hold at least one regular
meeting every three months. Additional meetings may be held at
such times as the board determines, on the call of the
chairperson, or on the written request to the executive director
of three or more voting board members. If three or more voting
members request a meeting, the executive director shall call a
meeting, which shall be held not later than seven days after the
request is received.
Seven voting members of the board constitute a quorum to
conduct business. Except as provided in section 4758.32 of the
Revised Code, no action shall be taken without the concurrence of
at least a quorum.
At its first meeting each year, the board shall elect a
chairperson from among its voting members. No member shall serve
more than two consecutive terms as chairperson.
The board shall keep any records and minutes necessary to
fulfill the duties established by this chapter and rules adopted
under it.
Sec. 4758.15. The chemical dependency professionals board
shall employ an executive director. The board may employ and
prescribe the powers and duties of employees and consultants as
are necessary for it to carry out the board's duties under this
chapter and the rules adopted under it.
Sec. 4758.16. The chemical dependency professionals board
shall not discriminate against any licensee, certificate holder,
or applicant for a license or certificate under this chapter
because of the individual's race, color, religion, gender,
national origin, disability as defined in section 4112.01 of the
Revised Code, or age. The board shall afford
a hearing to any
individual who files with the board a statement
alleging
discrimination based on any of those reasons.
Sec. 4758.17. The chemical dependency professionals board
shall adopt a seal to authenticate its records and proceedings.
A statement, signed by the executive director of the board
to which is affixed the official seal of the board, to the effect
that an individual specified in the statement does not currently
hold a license or certificate under this chapter or that a license
or certificate issued by the board under this chapter has been
revoked or suspended, shall be received as prima-facie evidence of
a record of the board in any court or before any officer of the
state.
Sec. 4758.18. The chemical dependency professionals board
shall include the board's address and telephone number on each
license and certificate it issues under this chapter.
Sec. 4758.20. (A) The chemical dependency professionals
board shall adopt rules to establish, specify, or provide for all
of the following:
(1) Fees for the purposes authorized by section 4758.21 of
the Revised Code; (2) For the purpose of section 4758.23 of the Revised Code,
codes of ethical practice and professional conduct for individuals
who hold a license or certificate issued under this chapter;
(3) For the purpose of section 4758.24 of the Revised Code,
all of the following:
(a) Good moral character requirements for an individual who
seeks or holds a license or certificate issued under this chapter;
(b) The documents that an individual seeking such a license
or certificate must submit to the board;
(c) Requirements to obtain the license or certificate that
are in addition to the requirements established under sections
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, and 4758.45 of the
Revised Code. The additional requirements may include
preceptorships.
(4) Procedures for renewal of a chemical dependency
counselor I license under section 4758.27 of the Revised Code;
(5) For the purpose of section 4758.28 of the Revised Code,
requirements for approval of continuing education courses of study
for individuals who hold a license or certificate issued under
this chapter;
(6) For the purpose of section 4758.30 of the Revised Code,
the intervention for and treatment of an individual holding a
license or certificate issued under this chapter whose abilities
to practice are impaired due to abuse of or dependency on alcohol
or other drugs or other physical or mental condition;
(7) Requirements governing reinstatement of a suspended or
revoked license or certificate under division (B) of section
4758.30 of the Revised Code, including requirements for
determining the amount of time an individual must wait to apply
for reinstatement;
(8) For the purpose of section 4758.31 of the Revised Code,
methods of ensuring that all records the board holds pertaining to
an investigation remain confidential during the investigation;
(9) Criteria for employees of the board to follow when
performing their duties under division (B) of section 4758.35 of
the Revised Code;
(10) For the purpose of division (A)(1) of section 4758.40
of the Revised Code, course
requirements for a master's degree in
behavioral sciences that shall, at a minimum, include at least
sixty quarter hours, or the equivalent number of semester hours,
in
all of the following courses: (a) Theories of counseling and psychotherapy; (b) Counseling procedures;
(c) Group process and techniques;
(d) Relationship therapy;
(e) Research methods and statistics;
(f) Fundamentals of assessment and diagnosis, including
measurement and appraisal;
(g) Psychopathology;
(h) Human development;
(i) Cultural competence in counseling;
(j) Ethics.
(11) For the purpose of division (A)(3) of section 4758.40,
division (A)(3) of section 4758.41, and division (A)(3) of section
4758.42,
training requirements for chemical dependency that shall,
at a minimum, include qualifications for the individuals who
provide the training and instruction in all of the following
courses:
(a) Theories of addiction;
(b) Counseling procedures and strategies with addicted
populations; (c) Group process and techniques working with addicted
populations;
(d) Assessment and diagnosis of addiction;
(e) Relationship counseling with addicted populations;
(f) Pharmacology;
(g) Prevention strategies;
(h) Treatment planning;
(i) Legal and ethical issues.
(12) For the purpose of division (B)(2)(b) of section
4758.40 and division (B)(2) of
section 4758.41 of the Revised
Code, requirements for the forty clock hours of training on the
version of the diagnostic and statistical manual of mental
disorders that is current at the time of the training, including
the number of the clock hours that must be on substance-related
disorders and the number of the clock hours that must be on
awareness of other mental and emotional disorders;
(13) For the purpose of division (A)(1) of section 4758.41
of the Revised Code, course requirements for a bachelor's degree
in behavioral sciences;
(14) For the purpose of division (A) of section 4758.43 of
the Revised Code, training requirements for chemical dependency
counseling that shall, at a minimum, include qualifications for
the individuals who provide the training and instruction in one or
more of the courses listed in division (A)(11) of this section as
selected by the individual seeking the chemical dependency
counselor assistant certificate;
(15) For the purpose of division (A)(3) of section 4758.44,
division (A)(3) of section 4758.45, and division (A)(2) of section
4758.53 of the Revised Code, requirements for prevention-related
education;
(16) For the purpose of section 4758.51 of the Revised
Code, continuing education requirements for individuals who hold a
license or certificate issued under this chapter;
(17) For the purpose of section 4758.51 of the Revised
Code, the number of hours of continuing education that an
individual must complete to have an expired license or certificate
restored under section 4758.26 of the Revised Code;
(18) For the purpose of section 4758.53 of the Revised
Code, the requirements an individual holding a registered
applicant certificate must complete to take an examination
administered pursuant to section 4758.22 of the Revised Code to
obtain a prevention specialist II certificate or prevention
specialist I certificate and the documentation the
individual
must submit to the board showing that the individual
has completed
the requirements;
(19) The method of determining the amount of time an
individual must wait to apply to the board for a new registered
applicant certificate under division (B) of section 4758.53 of the
Revised Code;
(20) The duties of an independent chemical dependency
counselor licensed under this chapter who supervises a chemical
dependency counselor III under section 4758.56, independent
chemical dependency counselor or chemical dependency counselor III
licensed under this chapter
who supervises a chemical dependency
counselor
assistant under
section 4758.59, or prevention
specialist II or prevention
specialist I certified under this
chapter who supervises a
registered applicant under
section
4758.61 of the Revised Code.
The duties may differ.
(21) Anything else necessary to administer this chapter.
(B) All rules adopted under this section shall be adopted in
accordance with Chapter 119. of the Revised Code and any
applicable federal laws and regulations. Initial rules shall be
adopted not later than nine months after the effective date of
this section.
(C) When it adopts rules under this section, the board may
consider standards established by any national association or
other organization representing the interests of those involved in
chemical dependency counseling or alcohol and other drug
prevention services.
Sec. 4758.21. (A) In accordance with rules adopted under
section 4758.20 of the Revised Code and subject to division (B) of
this section,
the chemical dependency professionals board shall
establish, and
may from time to time adjust, fees to be charged
for the
following:
(1) Admitting an individual to an examination administered
pursuant to section 4758.22 of the Revised Code;
(2) Issuing an initial independent chemical dependency
counselor license, chemical dependency counselor III license,
chemical dependency counselor II license, chemical dependency
counselor assistant certificate, prevention specialist II
certificate, prevention specialist I certificate, or registered
applicant certificate;
(3) Renewing an independent chemical dependency counselor
license, chemical dependency counselor III license, chemical
dependency counselor II license, chemical dependency counselor I
certificate, chemical dependency counselor assistant certificate,
prevention specialist II certificate, prevention specialist I
certificate, or registered applicant certificate;
(4) Approving continuing education courses under section
4758.28 of the Revised Code;
(5) Doing anything else the board determines necessary to
administer this chapter.
(B) The fees established under division (A) of this section
are nonrefundable. They shall be in amounts sufficient to cover
the necessary expenses of the board in administering this chapter
and rules adopted under it. The fees for a license or certificate
and the
renewal of a license or certificate may differ for the
various
types of licenses and certificates, but shall not exceed
one hundred seventy-five dollars each, unless the board determines
that amounts in excess of one hundred seventy-five dollars are
needed to cover its necessary expenses in administering this
chapter and rules adopted under it and the amounts in excess of
one hundred seventy-five dollars are approved by the controlling
board.
(C) All vouchers of the board shall be approved by the
chairperson or executive director of the board, or both, as
authorized by the board.
Sec. 4758.22. The chemical dependency professionals board
shall prepare, cause to be prepared, or procure the use of, and
grade, cause to be graded, or procure the grading of, examinations
to determine the competence of individuals seeking an independent
chemical dependency counselor license, chemical dependency
counselor III license, chemical dependency counselor II license,
prevention specialist II certificate, or prevention specialist I
certificate. The board may develop the examinations or use
examinations prepared by state or national organizations that
represent the interests of those involved in chemical dependency
counseling or alcohol and other drug prevention services. The
board shall conduct examinations at least twice each year and
shall determine the level of competence necessary for a passing
score.
An individual may not sit for an examination administered
pursuant to this section unless the individual meets the
requirements to obtain the license or certificate the individual
seeks, other than the requirement to have passed the examination,
and pays the fee established under section 4758.21 of the Revised
Code. An individual who is denied admission to the examination
may appeal the denial in accordance with Chapter 119. of the
Revised Code.
Sec. 4758.23. (A) In rules adopted under section 4758.20 of
the Revised Code, the chemical dependency professionals board
shall establish codes of ethical practice and professional conduct
for the following:
(1) Individuals who hold a valid independent chemical
dependency counselor license, chemical dependency counselor III
license, chemical dependency counselor II license, chemical
dependency counselor I certificate, or chemical dependency
counselor assistant certificate issued under this chapter;
(2) Individuals who hold a valid prevention specialist II
certificate, prevention specialist I certificate, or registered
applicant certificate issued under this chapter.
(B) The codes for individuals identified under division
(A)(1) of this section shall define unprofessional conduct, which
shall include engaging in a dual relationship with a client,
former client, consumer, or former consumer; committing an act of
sexual abuse, misconduct, or
exploitation of a client, former
client, consumer, or former consumer; and, except as
permitted by
law, violating client or consumer confidentiality.
(C) The codes for individuals identified under division
(A)(1) of this section may be based on any codes of ethical
practice and professional conduct developed by national
associations or other organizations representing the interests of
those involved in chemical dependency counseling. The codes for
individuals identified under division (A)(2) of this section may
be based on any codes of ethical practice and professional conduct
developed by national associations or other organizations
representing the interests of those involved in alcohol and other
drug prevention services. The board may establish standards in
the codes that are more stringent than those established by the
national associations or other organizations.
Sec. 4758.24. (A) The chemical dependency professionals
board shall issue a license or certificate under this chapter to
an individual who meets all of the following requirements:
(1) Is of good moral character as determined in accordance
with rules adopted under section 4758.20 of the Revised Code;
(2) Submits a properly completed application and all other
documentation specified in rules adopted under section 4758.20 of
the Revised Code;
(3) Pays the fee established under section 4758.21 of the
Revised Code for the license or certificate that the individual
seeks;
(4) Meets the requirements to obtain the license or
certificate that the individual seeks as specified in section
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, or 4758.45 of the
Revised Code;
(5) Meets any additional requirements specified in rules
adopted under section 4758.20 of the Revised Code to obtain the
license or certificate that the individual seeks.
(B) The board shall not issue an initial certificate to
practice as a chemical dependency counselor I.
Sec. 4758.25. (A) The chemical dependency professionals board
may
enter into a reciprocal agreement with any state that
regulates
individuals practicing in the same capacities as those
regulated
under this chapter if the board finds that the state has
requirements substantially equivalent to the requirements of this
state to receive a license or certificate under this chapter.
The board may become a member of a national reciprocity
organization that requires its members to have requirements
substantially equivalent to the requirements of this state to
receive a license or certificate to practice in the same
capacities as those regulated under this chapter. If the board
becomes a member of such an organization, the board shall consider
itself to have a reciprocal agreement with the other states that
are also members of the organization.
(B) The board may, by endorsement, issue the appropriate
license
or certificate to a resident of a state with which the
board does
not have a reciprocal agreement if both of the
following apply:
(1) The board finds that the state has requirements
substantially equivalent to the requirements of this state for
receipt of a license or certificate under this chapter.
(2) The individual submits proof satisfactory to the board
of being currently authorized to practice by that state. (C) A license or certificate obtained by reciprocity or
endorsement under this section may be renewed or restored under
section 4758.26 of the Revised Code if the individual holding the
license or certificate satisfies the renewal or restoration
requirements established by that section. An individual holding a
license or certificate obtained by reciprocity or endorsement
under this section may obtain, under section 4758.24 of the
Revised Code, a different license or certificate available under
this chapter if the individual meets all of the requirements as
specified in that section for the license or certificate the
individual seeks.
Sec. 4758.26. (A) Except as provided in section 4758.27 of
the Revised Code, a license or certificate issued under this
chapter, other than a registered applicant certificate, expires
two years after it is issued and may be renewed in accordance with
the standard renewal procedure established under Chapter 4745. of
the Revised Code.
(B) Subject to section 4758.30 of the Revised Code and
except as provided in section 4758.27 of the Revised Code, the
chemical dependency professionals board shall renew a license or
certificate issued under this chapter, other than a registered
applicant certificate, if the individual seeking the renewal pays
the renewal fee established under section 4758.21 of the Revised
Code and satisfies the continuing education requirements
established under section 4758.51 of the Revised Code.
(C) Except as provided in section 4758.27 of the Revised
Code, a license or certificate issued under this chapter, other
than a registered applicant certificate, that has expired may be
restored if the individual seeking the restoration, not later than
two years after the license or certificate expires, applies for
restoration of the license or certificate. The board shall issue
a restored license or certificate to the individual if the
individual pays the renewal fee established under section 4758.21
of the Revised Code and satisfies the continuing education
requirements established under section 4758.51 of the Revised Code
for restoring the license or certificate. The board shall not
require an individual to take an examination as a condition of
having an expired license or certificate restored under this
section.
Sec. 4758.27. Until the date that is six years after the
effective date of this section, the chemical dependency
professionals
board shall renew a certificate that on the
effective date of this section is accepted under section 3793.07
of the Revised Code as
authority to practice as a chemical
dependency counselor I if the
individual holding the certificate
renews the certificate in
accordance with rules adopted under
section 4758.20 of the Revised
Code and pays the renewal fee
established under section 4758.21 of
the Revised Code. Subsequent
renewals shall be done under section
4758.26 of the Revised Code.
After the date that is six years after the effective date of
this section, the board shall not renew under this section, or
renew or restore under section 4758.26 of the Revised Code, a
certificate to practice as a certified chemical dependency
counselor I.
Sec. 4758.28. The chemical dependency professionals board
shall approve, in accordance with rules adopted under section
4758.20 of the Revised Code and subject to payment of the fee
established under section 4758.21 of the Revised Code, continuing
education courses of study for individuals who hold a license or
certificate issued under this chapter.
Sec. 4758.29. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the chemical dependency professionals
board shall comply with sections 3123.41 to 3123.50 of the Revised
Code and any applicable rules adopted under section 3123.63 of the
Revised Code with respect to a license or certificate issued
pursuant to this chapter.
Sec. 4758.30. (A) The chemical dependency professionals
board, in accordance with Chapter 119. of the Revised Code, may
refuse to issue a license or certificate applied for under this
chapter; refuse to renew a license or certificate issued under
this chapter; suspend, revoke, or otherwise restrict a license or
certificate issued under this chapter; or reprimand an individual
holding a license or certificate issued under this chapter. These
actions may be taken by the board regarding the applicant for a
license or certificate or the individual holding a license or
certificate for one or more of the following reasons:
(1) Violation of any provision of this chapter or rules
adopted under it;
(2) Knowingly making a false statement on an application
for a license or certificate or for renewal, restoration, or
reinstatement of a license or
certificate;
(3) Acceptance of a commission or rebate for referring an
individual to a person who holds a license or certificate issued
by, or who is registered with, an entity of state government,
including persons practicing chemical dependency counseling,
alcohol and other drug prevention services, or fields related to
chemical dependency counseling or alcohol and other drug
prevention services;
(4) Conviction in this or any other state of any crime that
is a felony in this state;
(5) Conviction in this or any other state of a misdemeanor
committed in the course of practice as an independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor I, chemical
dependency counselor assistant, prevention specialist II,
prevention specialist I, or registered applicant;
(6) Inability to practice as an independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor I, chemical
dependency counselor assistant, prevention specialist II,
prevention specialist I, or registered applicant due to abuse of
or dependency on alcohol or other drugs or other physical or
mental condition;
(7) Practicing outside the individual's scope of practice;
(8) Practicing without complying with the supervision
requirements specified under section 4758.56, 4758.59, or 4758.61
of the Revised Code;
(9) Violation of the code of ethical practice and
professional conduct for chemical dependency counseling or alcohol
and other drug prevention services adopted by the board pursuant
to section 4758.23 of the Revised Code;
(10) Revocation of a license or certificate or voluntary
surrender of a license or certificate in another state or
jurisdiction for an offense that would be a violation of this
chapter.
(B) An individual whose license or certificate has been
suspended or revoked under this section may apply to the board for
reinstatement after an amount of time the board shall determine in
accordance with rules adopted under section 4758.20 of the Revised
Code. The board may accept or refuse an application for
reinstatement. The board may require an examination for
reinstatement of a license or certificate that has been suspended
or revoked.
Sec. 4758.31. The chemical dependency professionals board
shall investigate alleged violations of this chapter or the rules
adopted under it and alleged irregularities in the delivery of
chemical dependency counseling services or alcohol and other drug
prevention services by individuals who hold a license or
certificate issued under this chapter. As part of an
investigation, the board may issue subpoenas, examine witnesses,
and administer oaths.
The board may receive any information necessary to conduct
an investigation under this section that has been obtained in
accordance with federal laws and regulations. If the board is
investigating the provision of chemical dependency counseling
services to a couple or group, it is not necessary for both
members of the couple or all members of the group to consent to
the release of information relevant to the investigation.
The board shall ensure, in accordance with rules adopted
under section 4758.20 of the Revised Code, that all records it
holds pertaining to an investigation remain confidential during
the investigation. After the investigation, the records are
public records except as otherwise provided by federal or state
law.
Sec. 4758.32. For any hearing it conducts under this chapter,
the chemical dependency professionals board may appoint one of its
voting members to act on behalf of the board. It is not necessary
that the member be an attorney to be appointed. The board shall
make the appointment in writing.
A finding or order of a member appointed to act on behalf of
the board is a finding or order of the board when confirmed by the
board.
Sec. 4758.35. (A) An individual seeking a license or
certificate issued under this chapter shall file with the chemical
dependency professionals board a written application on a form
prescribed by the board. Each form shall state that a false
statement made on the form is the crime of falsification under
section 2921.13 of the Revised Code.
(B) The board shall require an individual or individuals
employed by the board under section 4758.15 of the Revised Code to
do both of the following in accordance with criteria established
by rules adopted under section 4758.20 of the Revised Code:
(1) Receive and review all applications submitted to the
board;
(2) Submit to the board all applications the individual or
individuals recommend the board review based on the criteria
established in the rules.
(C) The board shall review all applications submitted to
the board pursuant to division (B)(2) of this section.
Sec. 4758.36. As part of the review process under division
(C) of section 4758.35 of the Revised Code of an application
submitted by an applicant who has obtained the applicant's
education, experience in chemical dependency counseling or alcohol
and other drug prevention services, or education and experience
outside the United States, the chemical dependency professionals
board shall determine whether the applicant's command of the
English language and education or experience meet the standards
required by this chapter and rules adopted under it.
Sec. 4758.40. An individual seeking an independent chemical
dependency counselor license shall meet either of the following
requirements:
(A) Meet all of the following requirements:
(1) Hold from an accredited educational institution a
master's degree in behavioral sciences that meets the course
requirements specified in rules adopted under section 4758.20 of
the Revised Code;
(2) Have not less than four thousand hours of compensated
work experience in either of the following, not less than eight
hundred hours of which are in chemical dependency counseling: (a) Chemical dependency services, substance abuse services,
or both types of services; (b) The practice of psychology, as defined in section
4732.01 of the Revised Code, or the practice of professional
counseling or the practice of social work, both as defined in
section 4757.01 of the Revised Code.
(3) Have a minimum of two hundred seventy hours of training
in chemical dependency that meets the requirements
specified in
rules adopted under section 4758.20 of the Revised
Code;
(4) Pass one or more examinations administered pursuant to
section 4758.22 of the Revised Code for the purpose of determining
competence to practice as an independent chemical dependency
counselor.
(B) Meet both of the
following
requirements:
(1) Hold, on the effective date of this section, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified chemical dependency counselor III or certified chemical
dependency counselor III-E;
(2) Meet one of the following requirements:
(a) Hold the degree described in division (A)(1) of this
section;
(b) Have held a chemical dependency counselor III, II, or I
certificate for at least eight consecutive years and have not less
than forty clock hours of training on the version of the
diagnostic and statistical manual of mental disorders that is
current at the time of the training. The training must meet the
requirements specified in rules adopted under section 4758.20 of
the Revised Code and have been provided by an individual
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, a
psychologist licensed under Chapter 4732. of the Revised Code, or
a professional clinical counselor or independent social worker
licensed under Chapter 4757. of the Revised Code.
Sec. 4758.41. An individual seeking a chemical dependency
counselor III license shall meet any of the following
requirements:
(A) Meet all of the following requirements:
(1) Hold from an accredited educational institution a
bachelor's degree in a behavioral science that meets the course
requirements specified in rules adopted under section 4758.20 of
the Revised Code;
(2) Have not less than four thousand hours of compensated
work experience in either of the following, not less than eight
hundred work hours of which are in chemical dependency counseling: (a) Chemical dependency services, substance abuse services,
or both types of services;
(b) The practice of psychology, as defined in section
4732.01 of the Revised Code, or the practice of professional
counseling or the practice of social work, both as defined in
section 4757.01 of the Revised Code.
(3) Have a minimum of two hundred seventy hours of training
in chemical dependency that meets the requirements specified in
rules adopted under section 4758.20 of the Revised Code;
(4) Pass one or more examinations administered pursuant to
section 4758.22 of the Revised Code for the purpose of determining
competence to practice as a chemical dependency counselor III.
(B) Meet both of the
following
requirements:
(1) Hold, on the effective date of this section, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified chemical dependency counselor III or certified chemical
dependency counselor III-E;
(2) Have not less than forty clock hours of training on the
version of the diagnostic and statistical manual of mental
disorders that is current at the time of the training. The
training must meet the requirements specified in rules adopted
under section 4758.20 of the Revised Code and have been provided
by an individual authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery, a psychologist licensed under Chapter 4732. of the
Revised Code, or a professional clinical counselor or independent
social worker licensed under Chapter 4757. of the Revised Code.
(C) Meet all of the
following
requirements:
(1) Hold, on the effective date of this section, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified chemical dependency counselor II;
(2) Meet the requirement of division (B)(2) of this section;
(3) Hold a bachelor's degree in a behavioral science.
Sec. 4758.42. An individual seeking a chemical dependency
counselor II license shall meet either of the following
requirements:
(A) Meet all of the following requirements:
(1) Hold from an accredited educational institution an
associate's degree in a behavioral science or a bachelor's degree
in any field;
(2)(a) If the individual holds an associate's degree, have
not less than five thousand hours of compensated or volunteer
work, field placement, intern, or practicum
experience in either
of the following, not less than one thousand hours of
which are in
chemical dependency counseling: (i) Chemical dependency services, substance abuse services,
or both types of services;
(ii) The practice of psychology, as defined in section
4732.01 of the Revised Code, or the practice of professional
counseling or the practice of social work, both as defined in
section 4757.01 of the Revised Code.
(b) If the individual holds a bachelor's degree, have not
less than six thousand hours of compensated or volunteer work,
field placement, intern, or practicum
experience in either of the
following, not less than one thousand two hundred
hours of which
are in chemical dependency counseling: (i) Chemical dependency services, substance abuse services,
or both types of services;
(ii) The practice of psychology, as defined in section
4732.01 of the Revised Code, or the practice of professional
counseling or the practice of social work, both as defined in
section 4757.01 of the Revised Code.
(3) Have a minimum of two hundred seventy hours of training
in chemical dependency that meets the requirements
specified in
rules adopted under section 4758.20 of the Revised
Code;
(4) Pass one or more examinations administered pursuant to
section 4758.22 of the Revised Code for the purpose of determining
competence to practice as a chemical dependency counselor II.
(B) Meet both of the
following
requirements:
(1) Hold a degree described in division (A)(1) of this
section;
(2) Hold, on the effective date of this section, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified chemical dependency counselor II.
Sec. 4758.43. An individual seeking a chemical dependency
counselor assistant certificate shall meet either of the following
requirements:
(A) Have at least forty hours of training in chemical
dependency counseling that meets the requirements specified in
rules adopted under section 4758.20 of the Revised Code.
(B) Hold, on the
effective date of this
section, a
certificate or credentials that
were accepted under
section
3793.07 of the Revised Code as
authority to practice as a
registered candidate.
Sec. 4758.44. An individual seeking a prevention specialist
II certificate shall meet either of the following requirements:
(A) Meet all of the following requirements:
(1) Have compensated work experience in which not less than
fifty per cent of the individual's time was devoted to planning,
coordinating, or delivering alcohol and other drug prevention
services;
(2) Have one of the following:
(a) A bachelor's degree in a behavioral science and at
least six thousand hours of compensated work experience in alcohol
and other drug prevention services;
(b) A master's or doctoral degree in a behavioral science
and at least four thousand hours of compensated work experience in
alcohol and other drug prevention services.
(3) Have at least two hundred seventy hours of
prevention-related education that meets the requirements specified
in rules adopted under section 4758.20 of the Revised Code;
(4) Obtain a registered applicant certificate under this
chapter and comply with the requirements of section 4758.53 of the
Revised Code;
(5) Pass the examination administered pursuant to section
4758.22 of the Revised Code for the purpose of determining
competence to practice as a prevention specialist II. (B)
Hold, on the effective date of this section, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified prevention specialist II.
Sec. 4758.45. An individual seeking a prevention specialist I
certificate shall meet either of the following requirements:
(A) Meet all of the following requirements:
(1) Have compensated or volunteer work, field placement,
intern, or practicum experience in which
not less than twenty per
cent of the individual's time was devoted
to planning or
delivering alcohol and other drug prevention
services;
(2) Have one of the following:
(a) At least six thousand hours of compensated or volunteer
work, field placement, intern, or practicum experience in alcohol
and other drug prevention services;
(b) An associate's degree in a behavioral science and at
least four thousand hours of compensated or volunteer work, field
placement, intern, or practicum experience in alcohol and other
drug prevention services;
(c) A bachelor's, master's, or doctoral degree in a
behavioral science and at least two thousand hours of compensated
or volunteer work, field placement, intern, or practicum
experience in alcohol and other drug prevention
services.
(3) Have at least one hundred eighty hours of
prevention-related education that meets the requirements specified
in rules adopted under section 4758.20 of the Revised Code;
(4) Obtain a registered applicant certificate under this
chapter and comply with the requirements of section 4758.53 of the
Revised Code;
(5) Pass the examination administered pursuant to section
4758.22 of the Revised Code for the purpose of determining
competence to practice as a prevention specialist I. (B)
Hold, on the effective date of this section, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified prevention specialist I.
Sec. 4758.50. An individual who holds a license or
certificate issued under this chapter shall post the license or
certificate in a prominent place at the individual's place of
employment.
Sec. 4758.51. (A) Except as provided in division (B) of this
section and in accordance with rules adopted under section 4758.20
of the Revised Code, each individual who holds a license or
certificate issued under this chapter shall complete during the
period that the license or certificate is in effect not less than
forty clock hours of continuing education as a condition of
receiving a renewed license or certificate. To have an expired
license or certificate restored, an individual shall complete the
number of hours of continuing education specified in rules adopted
under section 4758.20 of the Revised Code.
(B) The chemical dependency professionals board may waive
the continuing education requirements established under this
section for individuals who are unable to fulfill them because of
military service, illness, residence outside the United States, or
any other reason the board considers acceptable.
Sec. 4758.53. (A) Not later than four years after the
effective date of a registered applicant certificate issued under
this chapter, the individual issued the certificate shall submit
to the chemical dependency professionals board documentation
specified in rules adopted under section 4758.20 of the Revised
Code showing that the individual has completed the requirements
specified in those rules to take an examination administered
pursuant to section 4758.22 of the Revised Code to obtain a
prevention specialist II certificate or prevention specialist I
certificate. If the individual submits the required documentation
within the required time, the board shall notify the individual
that the individual meets the requirements to take the
examination. Not later than one year after the board so notifies
the individual, the individual shall take the examination. If the
individual fails the examination, the individual shall do both of
the following:
(1) Retake the examination at least two times per year until
the individual passes the examination;
(2) Not later than two years after the date of the first
examination, renew the registered applicant certificate and
complete forty hours of prevention-related education that meets
the requirements specified in rules adopted under section 4758.20
of the Revised Code.
(B) If an individual holding a registered applicant
certificate fails to meet any of the requirements of division (A)
of this section, the board shall revoke the individual's
registered applicant certificate. The individual may not apply to
the board for a new registered applicant certificate earlier than
a period of time the board shall determine in accordance with
rules adopted under section 4758.20 of the Revised Code.
Sec. 4758.55. An individual holding a valid independent
chemical dependency counselor license may do all of the
following:
(A) Diagnose and treat chemical dependency conditions;
(B) Perform treatment planning, assessment, crisis
intervention, individual and group counseling, case management,
and education services as they relate to abuse of and dependency
on alcohol and other drugs; (C) Refer individuals with nonchemical dependency conditions
to appropriate sources of help.
Sec. 4758.56. (A) An individual holding a valid chemical
dependency counselor III license may do all of the following:
(1) Diagnose chemical dependency conditions under the
supervision of any of the following:
(a) An independent chemical dependency counselor licensed
under this chapter;
(b) An individual authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(c) A psychologist licensed under Chapter 4732. of the
Revised Code;
(d) A registered nurse licensed under Chapter 4723. of the
Revised Code or professional clinical counselor or independent
social worker licensed under Chapter 4757. of the Revised Code if
such supervision is consistent with the scope of practice of the
registered nurse, professional clinical counselor, or independent
social worker.
(2) Treat chemical dependency conditions;
(3) Perform treatment planning, assessment, crisis
intervention, individual and group counseling, case management,
and education services as they relate to abuse of and dependency
on alcohol and other drugs; (4) Refer individuals with nonchemical dependency conditions
to appropriate sources of help.
(B)
A chemical dependency
counselor III may not practice as
an
individual practitioner.
Sec. 4758.57. (A) An individual holding a valid chemical
dependency counselor II license may do both of the following: (1) Perform assessment, crisis
intervention,
individual and
group counseling, case management,
and education
services as they
relate to abuse of and dependency
on alcohol and
other drugs; (2) Refer individuals with nonchemical dependency conditions
to appropriate sources of help.
(B) A chemical dependency
counselor II may not practice as
an
individual practitioner.
Sec. 4758.58. (A) Until six years after the effective date
of this section, an individual holding a valid chemical dependency
counselor I certificate may do both of the following: (1) Perform assessment, crisis
intervention, individual and
group counseling, case management,
and education services as they
relate to abuse of and dependency
on alcohol and other drugs; (2) Refer individuals with nonchemical dependency conditions
to appropriate sources of help.
(B) A chemical dependency counselor I may not practice as
an
individual practitioner.
Sec. 4758.59. (A) Subject to division (B) of this section,
an individual holding a valid chemical
dependency counselor
assistant certificate may do both of the following: (1) Perform assessment, crisis
intervention, individual and
group counseling, case management,
and education services as they
relate to abuse of or dependency on
alcohol and other drugs; (2) Refer individuals with nonchemical dependency conditions
to appropriate sources of help.
(B) An individual holding a valid chemical dependency
counselor assistant certificate may perform the tasks specified in
division (A) of this section only while under the supervision of
any of the following:
(1) An independent chemical dependency counselor or
chemical dependency counselor III licensed under this chapter;
(2) An individual authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(3) A psychologist licensed under Chapter 4732. of the
Revised Code;
(4) A registered nurse licensed under Chapter 4723. of the
Revised Code or professional clinical counselor or independent
social worker licensed under Chapter 4757. of the Revised Code if
such supervision is consistent with the scope of practice of the
registered nurse, professional clinical counselor, or independent
social worker. (C) A chemical dependency counselor assistant may not
practice as an individual practitioner.
Sec. 4758.60. An individual who holds a valid prevention
specialist II certificate or prevention specialist I certificate
issued under this chapter may engage in the practice of alcohol
and other drug prevention services.
Sec. 4758.61. An individual who holds a valid registered
applicant certificate issued under this chapter may engage in the
practice of alcohol and other drug prevention services under
the
supervision of an individual holding a valid prevention
specialist
II certificate or prevention specialist I certificate
issued under
this chapter.
Sec. 4758.70. Except to the extent of providing services
authorized by this chapter, this chapter does not authorize any
individual to engage in the practice of psychology as defined in
section 4732.01 of the Revised Code.
Except to the extent of providing services authorized by
this chapter, this chapter does not authorize any individual to
engage in the practice of professional counseling or social work,
as those terms are defined in section 4757.01 of the Revised Code.
Sec. 4758.71. Nothing in this chapter or the rules adopted
under it authorizes an individual who holds a license or
certificate issued under this chapter to admit a patient to a
hospital or requires a hospital to allow any such individual to
admit a patient.
Sec. 4758.99. Whoever violates division (A) or (B) of section
4758.02 of the Revised
Code is guilty of a misdemeanor of the
fourth degree on a first
offense; on each subsequent offense, the
person is guilty of a
misdemeanor of the third degree.
SECTION 2. That existing sections 125.22, 3793.07, 4743.05,
4745.01,
and
4757.41
of the Revised Code are hereby repealed.
SECTION 3. That Sections 6 and 7 of Am. Sub. S.B. 172 of
the
123rd General Assembly are hereby repealed. That Section 8 of Am.
Sub. S.B. 172 of the 123rd General Assembly, as amended by Am.
Sub. S.B. 261 of the 124th General Assembly, is hereby repealed. This repeal prevents the repeal and reenactment of section 3793.07
of the Revised Code that was to have been effective July 1, 2003,
and thereby removes all limitation upon the continued existence of
section 3793.07 of the Revised Code as presented in Section 1 of
this act.
SECTION 4. Within ninety days after the effective date of
this section, the Governor shall appoint the initial members of
the Chemical Dependency Professionals Board in accordance with
section 4758.10 of the Revised Code. Such an appointee is not
required, at the time of appointment, to hold an independent
chemical dependency counselor license,
chemical dependency
counselor III license, prevention
specialist II certificate, or
prevention specialist I certificate.
However,
the appointee shall
possess at the time of appointment
any
education, work experience,
and training standards as
specified in
Chapter 4758. of the
Revised Code that are necessary
to obtain such a
license or
certificate. The appointee may remain a board member only if the
appointee
obtains an
independent
chemical dependency counselor
license, chemical dependency
counselor III license,
prevention
specialist II certificate, or
prevention specialist I certificate,
as appropriate for the member's
appointment, not later than one
year after the effective date of this
section.
SECTION 5. The Department of Alcohol and Drug Addiction
Services shall work with the Chemical Dependency Professionals
Board to enable the orderly transition from the Department's
issuance of
certificates and credentials under section 3793.07 of
the Revised
Code to the Board's issuance of certificates and
licenses under
Chapter 4758. of the Revised Code. The transition
shall be
completed at the earlier of the following: (A) The date, which shall be specified in an agreement
between the Department and Board, on which the Board is to assume
the department's duties; (B) The date that is two years after the effective date of
this section.
SECTION 6. All items in this section are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the Occupational Licensing and Regulatory Fund. For all
appropriations made in this act, those in the first column are for
fiscal year 2002 and those in the second column are for fiscal
year 2003. The appropriations made in this act are in addition to
any other appropriations made for the 2001-2003 biennium. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD
General Services Fund Group | | | | | | |
4K9 |
930-609 |
|
Chemical Dependency Professionals Operating Expenses |
|
$ |
0 |
|
$ |
100,518 |
TOTAL GSF General Services Fund Group |
|
$ |
0 |
|
$ |
100,518 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
100,518 |
Within the limits set forth in this act, the Director of
Budget and Management shall establish accounts indicating source
and amount of funds for each appropriation made in this act, and
shall determine the form and manner in which appropriation
accounts shall be maintained. Expenditures from appropriations
contained in this act shall be accounted for as though made in Am.
Sub. H.B. 94 of the 124th General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that
are generally applicable to such appropriations.
SECTION 7. The codified and uncodified sections of law
contained in this act, and the items of law of which they are
composed, are not subject to the referendum. Therefore, under
Ohio Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, the codified and uncodified sections of law
contained in this act and the items of law of which they are
composed go into immediate effect when this act becomes law.
|