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Sub. S. B. No. 287 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Seitz, Brown, Tavares, Bacon, Balderson, Beagle, Burke, Coley, Gentile, Hite, Hughes, Kearney, Lehner, Niehaus, Obhof, Oelslager, Patton, Peterson, Schiavoni, Skindell, Smith, Turner, Wagoner
Representatives Antonio, Carney, Celeste, Garland, Hackett, Ramos, Schuring, Sears, Slaby, M., Yuko, Anielski, Ashford, Beck, Blair, Blessing, Bubp, Buchy, Celebrezze, Combs, Driehaus, Fedor, Grossman, Hayes, Kozlowski, Letson, McClain, Milkovich, Murray, Newbold, O'Brien, Ruhl, Stinziano, Sykes, Wachtmann, Winburn, Young Speaker Batchelder
A BILL
To amend sections 4757.41, 4758.01, 4758.02, 4758.10,
4758.20, 4758.21, 4758.22, 4758.23, 4758.24,
4758.26, 4758.27, 4758.30, 4758.40, 4758.41,
4758.42, 4758.43, 4758.44, 4758.45, 4758.51,
4758.55, 4758.56, 4758.59, 4758.61, 4758.70, and
5111.20; to enact sections 4758.221, 4758.241,
4758.39, 4758.46, 4758.47, 4758.52, 4758.54, and
4758.561; and to repeal sections 3793.07, 4758.04,
4758.53, and 4758.58 of the Revised Code to revise
the law governing the professions of chemical
dependency counseling and alcohol and other drug
prevention and to remove wheelchairs from nursing
facilities' Medicaid direct care costs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4757.41, 4758.01, 4758.02, 4758.10,
4758.20, 4758.21, 4758.22, 4758.23, 4758.24, 4758.26, 4758.27,
4758.30, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45,
4758.51, 4758.55, 4758.56, 4758.59, 4758.61, 4758.70, and 5111.20
be amended and sections 4758.221, 4758.241, 4758.39, 4758.46,
4758.47, 4758.52, 4758.54, and 4758.561 of the Revised Code be
enacted to read as follows:
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)
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 under that section who are
acting within the scope of their certification or credentials as
members of the profession of chemical dependency counseling or as
alcohol and other drug prevention 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)(8) 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;
(10)(9) Members of labor organizations who hold union
counselor certificates while performing services in their official
capacity as union counselors;
(11)(10) 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),
(9)(8), and
(11)(10) 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-clinical supervisor, 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
December 23, 2002.
(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 Unless the context provides otherwise, "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.
(G) "Substance abuse professional" has the same meaning as in
49 C.F.R. 40.3.
(H) "U.S. department of transportation drug and alcohol
testing program" means a transportation workplace drug and alcohol
testing program governed by 49 C.F.R. part 40.
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 Except as provided in sections section
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-clinical supervisor license,
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-clinical supervisor," "LICDC-CS," "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," "certified
prevention specialist assistant," "CPSA," "registered applicant,"
"RA," 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 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. 4758.10. (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-clinical supervisor license or 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 December 23, 2002, 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. 4758.20. (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) If the board, pursuant to section 4758.221 of the Revised
Code, elects to administer examinations for individuals seeking to
act as substance abuse professionals in a U.S. department of
transportation drug and alcohol testing program, the board's
administration of the examinations;
(3) 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)(4) 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
4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, and 4758.45,
4758.46, and 4758.47 of the Revised Code. The additional
requirements may include preceptorships.
(d) The period of time that an individual whose registered
applicant certificate has expired must wait before applying for a
new registered applicant certificate.
(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 4758.39
and division (A)(1) of section 4758.40 of the Revised Code, course
requirements for a degree in a behavioral sciences science or
nursing that shall, at a minimum, include at least
sixty quarter
forty semester 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;
(i) Cultural competence in counseling;
(11) For the purpose of division (A)(3) of section 4758.39,
division (A)(3) of section 4758.40, division (A)(3) of section
4758.41, and division (A)(3) of section 4758.42 of the Revised
Code, 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;
(g) Prevention strategies;
(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, the
number of the clock hours that must be on chemical dependency
conditions, 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 a
behavioral sciences science or nursing;
(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)(10) of this section
as selected by the individual seeking the chemical dependency
counselor assistant certificate;
(15) For the purpose of division (A)(2) of section 4758.44 of
the Revised Code, the field of study in which an individual must
obtain at least a bachelor's degree;
(16) For the purpose of division (A)(3) of section 4758.44,
division (A)(3) of section 4758.45, and division (A)(2)(D) of
section
4758.53
4758.46 of the Revised Code, requirements for
prevention-related education;
(16)(17) For the purpose of division (A)(4) of section
4758.44 of the Revised Code, the number of hours of administrative
or supervisory education that an individual must have;
(18) For the purpose of division (A)(2) of section 4758.45 of
the Revised Code, the field of study in which an individual must
obtain at least an associate's degree;
(19) 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)(20) 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)(21) For the purpose of divisions (A) and (B) of section
4758.53 4758.52 of the Revised Code, the training 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 for chemical
dependency counseling;
(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)(22) The duties, which may differ, of an all of the
following:
(a) An independent chemical dependency
counselor
counselor-clinical supervisor licensed under this chapter who
supervises a chemical dependency counselor III under section
4758.56 of the Revised Code; independent
(b) An independent chemical dependency counselor-clinical
supervisor, independent chemical dependency counselor, or chemical
dependency counselor III licensed under this chapter who
supervises a chemical dependency counselor assistant under section
4758.59 of the Revised Code; or
(c) A prevention specialist II or prevention specialist I
certified under this chapter or independent chemical dependency
counselor-clinical supervisor, independent chemical dependency
counselor, or chemical dependency counselor III, or chemical
dependency counselor II licensed under this chapter who supervises
a prevention specialist assistant or registered applicant under
section 4758.61 of the Revised Code.
The duties may differ.
(21)(23) 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 December 23, 2002.
(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-clinical supervisor license, 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, prevention
specialist assistant certificate, or registered applicant
certificate;
(3) Renewing an independent chemical dependency
counselor-clinical supervisor license, 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
prevention specialist assistant 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-clinical supervisor license,
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. 4758.221. In accordance with rules adopted under
section 4758.20 of the Revised Code, the chemical dependency
professionals board may administer examinations for individuals
seeking to act as substance abuse professionals in a U.S.
department of transportation drug and alcohol testing program. If
it elects to administer the examinations, the board shall use
examinations that comprehensively cover all the elements of
substance abuse professional qualification training listed in 49
C.F.R. 40.281(c)(1) and are prepared by a nationally recognized
professional or training organization that represents the
interests of those involved in chemical dependency counseling
services.
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-clinical supervisor license, 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, prevention
specialist assistant 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 Except as provided in section 4758.241 of the
Revised Code, submits a properly completed application and all
other documentation specified in rules adopted under section
4758.20 of the Revised Code;
(3) Pays Except as provided in section 4758.241 of the
Revised Code, 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
4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, or 4758.45,
4758.46, or 4758.47 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 do either of the
following:
(1) Issue a certificate to practice as a chemical dependency
counselor I;
(2) Issue a new registered applicant certificate to an
individual whose previous registered applicant certificate has
been expired for less than the period of time specified in rules
adopted under section 4758.20 of the Revised Code.
Sec. 4758.241. The chemical dependency professionals board
shall issue an independent chemical dependency counselor-clinical
supervisor license under section 4758.24 of the Revised Code to
each individual who, on the effective date of this section, holds
a valid independent chemical dependency counselor license without
requiring the individual to comply with divisions (A)(2) and (3)
of that section.
Sec. 4758.26. (A) Except as provided in Subject to section
4758.27 4758.30 of the Revised Code, a license or certificate
issued under this chapter, other than a registered applicant
certificate, expires
two years the following period of time after
it is issued and may be renewed in accordance with the standard
renewal procedure established under Chapter 4745. of the Revised
Code:
(1) In the case of an initial chemical dependency counselor
assistant certificate, thirteen months;
(2) In the case of any other license or certificate, two
years.
(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, in accordance with the standard renewal
procedure established under Chapter 4745. of the Revised Code if
the individual seeking the renewal pays the renewal fee
established under section 4758.21 of the Revised Code and does the
following:
(1) In the case of an individual seeking renewal of an
initial chemical dependency counselor assistant certificate,
satisfies the additional training requirement established under
section 4758.52 of the Revised Code;
(2) In the case of any other individual, satisfies the
continuing education requirements established under section
4758.51 of the Revised Code.
(C) Except Subject to section 4758.30 of the Revised Code and
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 does the following:
(1) In the case of an individual whose initial chemical
dependency counselor assistant certificate expired, satisfies the
additional training requirement established under section 4758.52
of the Revised Code;
(2) In the case of any other individual, satisfies the
continuing education requirements established under section
4758.51 of the Revised Code for restoring the license or
certificate. The
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 The chemical dependency professionals board
shall not renew under this section, or renew or restore under
section 4758.26 of the Revised Code, a either of the following:
(A) A certificate to practice as a certified chemical
dependency counselor I;
(B) A registered applicant certificate.
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 or restore 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-clinical supervisor, 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, prevention specialist assistant, or
registered applicant;
(6) Inability to practice as an independent chemical
dependency counselor-clinical supervisor, 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, prevention specialist assistant, 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. 4758.39. An individual seeking an independent chemical
dependency counselor-clinical supervisor license shall meet the
requirements of division (A) or (B) of this section.
(A) To meet the requirements of this division, an individual
must meet all of the following requirements:
(1) Hold from an accredited educational institution at least
a master's degree in either a behavioral science or nursing that
meets the course requirements specified in rules adopted under
section 4758.20 of the Revised Code;
(2) Have not less than six thousand hours of compensated work
or supervised internship experience (including at least two
thousand hours of clinical supervisory experience as part of the
compensated work or supervised internship) in any of the
following, not less than one thousand two 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;
(c) The practice of professional counseling, the practice of
social work, or the practice of marriage and family therapy, all
as defined in section 4757.01 of the Revised Code.
(3) Have a minimum of one hundred eighty hours of training in
chemical dependency that meets the requirements specified in rules
adopted under section 4758.20 of the Revised Code;
(4) Unless the individual holds a valid license,
registration, certificate, or credentials issued under another
chapter of the Revised Code that authorizes the individual to
engage in a profession whose scope of practice includes the
clinical supervision of chemical dependency counseling, chemical
dependency counseling, and diagnosing and treating chemical
dependency conditions, 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-clinical supervisor.
(B) To meet the requirement of this division, an individual
must hold, on the effective date of this section, a valid
independent chemical dependency counselor license.
Sec. 4758.40. An individual seeking an independent chemical
dependency counselor license shall meet either of the following
requirements: of division (A) or (B) of this section.
(A) Meet To meet the requirements of this division, an
individual must meet all of the following requirements:
(1) Hold from an accredited educational institution at least
a master's degree in a behavioral sciences science or nursing that
meets the course requirements specified in rules adopted under
section 4758.20 of the Revised Code;
(2) Have not less than four two thousand hours of compensated
work or supervised internship experience in either any of the
following, not less than eight four 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;
(c) The practice of professional counseling or, the practice
of social work, both or the practice of marriage and family
therapy, all as defined in section 4757.01 of the Revised Code.
(3) Have a minimum of two one hundred seventy eighty hours of
training in chemical dependency that meets the requirements
specified in rules adopted under section 4758.20 of the Revised
Code;
(4) Pass Unless the individual holds a valid license,
registration, certificate, or credentials issued under another
chapter of the Revised Code that authorizes the individual to
engage in a profession whose scope of practice includes chemical
dependency counseling and diagnosing and treating chemical
dependency conditions, 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 To meet the requirements of this division, an
individual must meet both of the following requirements:
(1) Hold, on December 23, 2002, a certificate or credentials
that were accepted under former 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. 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 may provide any portion of the training. An
independent chemical dependency counselor licensed under this
chapter who holds the degree described in division (A)(1) of this
section may provide the portion of the training on chemical
dependency conditions.
Sec. 4758.41. An individual seeking a chemical dependency
counselor III license shall meet any of the following
requirements: of division (A), (B), or (C) of this section.
(A) Meet To meet the requirements of this division, an
individual must meet all of the following requirements:
(1) Hold from an accredited educational institution at least
a bachelor's degree in a behavioral science or nursing that meets
the course requirements specified in rules adopted under section
4758.20 of the Revised Code;
(2) Have not less than four two thousand hours of compensated
work or supervised internship experience in either any of the
following, not less than
eight four 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;
(c) The practice of professional counseling or, the practice
of social work, both or the practice of marriage and family
therapy, all as defined in section 4757.01 of the Revised Code.
(3) Have a minimum of two one hundred seventy eighty hours of
training in chemical dependency that meets the requirements
specified in rules adopted under section 4758.20 of the Revised
Code;
(4) Pass Unless the individual holds a valid license,
registration, certificate, or credentials issued under another
chapter of the Revised Code that authorizes the individual to
engage in a profession whose scope of practice includes chemical
dependency counseling and diagnosing and treating chemical
dependency conditions, 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 To meet the requirements of this division, an
individual must meet both of the following requirements:
(1) Hold, on December 23, 2002, a certificate or credentials
that were accepted under former 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. 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 may provide any
portion of the training. An independent chemical dependency
counselor licensed under this chapter who holds the degree
described in division (A)(1) of section 4758.40 of the Revised
Code may provide the portion of the training on chemical
dependency conditions.
(C) Meet To meet the requirements of this division, an
individual must meet all of the following requirements:
(1) Hold, on December 23, 2002, a certificate or credentials
that were accepted under former 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: of division (A) or (B) of this section.
(A) Meet To meet the requirements of this division, an
individual must meet all of the following requirements:
(1) Hold from an accredited educational institution an
associate's degree in a behavioral science or nursing or a
bachelor's degree in any field;
(2)(a) If the individual holds an associate's degree, have
Have not less than five two thousand hours of compensated or
volunteer work, field placement, intern, or
practicum supervised
internship experience in either any of the following, not less
than
one thousand four hundred hours of which are in chemical
dependency counseling:
(i)(a) Chemical dependency services, substance abuse
services, or both types of services;
(ii)(b) The practice of psychology, as defined in section
4732.01 of the Revised Code, or the;
(c) The practice of professional counseling or, the practice
of social work, both or the practice of marriage and family
therapy, all 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 one hundred seventy eighty 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) Hold To meet the requirement of this division, an
individual must hold, on December 23, 2002, a certificate or
credentials that were accepted under former 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 December 23,
2002, a certificate or credentials that were accepted under former
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: of
division (A) or (B) of this section.
(A) Meet To meet the requirements of this division, an
individual must meet all of the following requirements:
(1) Have at least six thousand hours of compensated work
experience in which not less than fifty per cent of the
individual's time was devoted to planning, coordinating in alcohol
and other drug prevention services, including at least four
thousand hours of administering or delivering alcohol and other
drug prevention supervising the 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. Hold from an
accredited educational institution at least a bachelor's degree in
a field of study specified in rules adopted under section 4758.20
of the Revised Code;
(3) Have at least two one 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 Have at least the
number of hours of administrative or supervisory education
specified in rules adopted under section 4758.53 4758.20 of the
Revised Code;
(5) Pass the examination one or more examinations
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 To meet the requirement of this division, an
individual must hold, on the effective date of this section
December 23, 2002, a certificate or credentials that were accepted
under former 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: of
division (A) or (B) of this section.
(A) Meet To meet the requirements of this division, an
individual must meet all of the following requirements:
(1) Have at least two thousand hours of 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 alcohol and other drug prevention services,
including at least four hundred hours of planning or delivering
alcohol and other drug prevention the 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. Hold
from an accredited educational institution at least an associate's
degree in a field of study specified in rules adopted under
section 4758.20 of the Revised Code;
(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 one or more examinations
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 To meet the requirement of this division, an
individual must hold, on the effective date of this section
December 23, 2002, a certificate or credentials that were accepted
under former section 3793.07 of the Revised Code as authority to
practice as a certified prevention specialist I.
Sec. 4758.46. An individual seeking a prevention specialist
assistant certificate shall meet all of the following
requirements:
(A) Be at least eighteen years of age;
(B) Have at least a high school diploma or high school
equivalence diploma;
(C) Have at least one hundred hours of compensated or
volunteer work, field placement, intern, or practicum experience
in alcohol and other drug prevention services;
(D) Have at least forty-five hours of prevention-related
education that meets the requirements specified in rules adopted
under section 4758.20 of the Revised Code.
Sec. 4758.47. An individual seeking a registered applicant
certificate shall meet all of the following requirements:
(A) Be at least eighteen years of age;
(B) Have at least a high school diploma or high school
equivalence diploma;
(C) Submit to the chemical dependency professionals board a
professional development plan that is acceptable to the board.
Sec. 4758.51. (A) Except as provided in division (B)(C) 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, other than an initial
chemical dependency counselor assistant certificate, shall
complete during the period that the license or certificate is in
effect not less than
forty the following number of clock hours of
continuing education as a condition of receiving a renewed license
or certificate:
(1) In the case of an individual holding a prevention
specialist assistant certificate, twenty;
(2) In the case of any other individual, forty. To have an
expired license or certificate restored,
(B) Except as provided in division (C) of this section, an
individual whose license or certificate issued under this chapter,
other than an initial chemical dependency counselor assistant
certificate, has expired shall complete the number of hours of
continuing education specified in rules adopted under section
4758.20 of the Revised Code as a condition of receiving a restored
license or certificate.
(B)(C) 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. 4758.52. (A) Except as provided in division (C) of this
section, each individual who holds an initial chemical dependency
counselor assistant certificate shall complete, during the first
twelve months that the initial certificate is in effect, at least
thirty additional hours of training in chemical dependency
counseling that meets the requirements specified in rules adopted
under section 4758.20 of the Revised Code as a condition of having
the initial certificate renewed.
(B) Except as provided in division (C) of this section, an
individual whose initial chemical dependency counselor assistant
certificate has expired shall complete at least thirty additional
hours of training in chemical dependency counseling that meets the
requirements specified in rules adopted under section 4758.20 of
the Revised Code as a condition of receiving a restored chemical
dependency counselor assistant certificate.
(C) The chemical dependency professionals board may waive the
additional training requirement established under this section for
individuals who are unable to fulfill the requirement because of
military service, illness, residence outside the United States, or
any other reason the board considers acceptable.
Sec. 4758.54. In addition to practicing chemical dependency
counseling, an individual holding a valid independent chemical
dependency counselor-clinical supervisor 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) Provide clinical supervision of chemical dependency
counseling;
(D) Refer individuals with nonchemical dependency conditions
to appropriate sources of help.
Sec. 4758.55. In addition to practicing chemical dependency
counseling, 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) Provide clinical supervision of chemical dependency
counseling under the supervision of any of the following:
(1) An independent chemical dependency counselor-clinical
supervisor 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, independent
social worker, or independent marriage and family therapist
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, independent
social worker, or independent marriage and family therapist.
(D) Refer individuals with nonchemical dependency conditions
to appropriate sources of help.
Sec. 4758.56. (A) In addition to practicing chemical
dependency counseling, 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. professionals listed in section 4758.561 of the
Revised Code;
(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) Provide clinical supervision of chemical dependency
counseling under the supervision of any of the professionals
listed in section 4758.561 of the Revised Code;
(5) 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. 4758.561. Any of the following professionals may
supervise a chemical dependency counselor III for purposes of
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:
(A) An independent chemical dependency counselor-clinical
supervisor 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, independent
social worker, or independent marriage and family therapist
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, independent
social worker, or independent marriage and family therapist.
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 in addition to practicing
chemical dependency counseling:
(1) Perform treatment planning, 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 practice chemical dependency
counseling and 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-clinical
supervisor, 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, or independent marriage and family therapist
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, or independent marriage and family therapist.
(C) A chemical dependency counselor assistant may not
practice as an individual practitioner.
Sec. 4758.61. An individual who holds a valid prevention
specialist assistant certificate or registered applicant
certificate issued under this chapter may engage in the practice
of alcohol and other drug prevention services under the
supervision of any of the following:
(A) A prevention specialist II or prevention specialist I
certified under this chapter;
(B) An independent chemical dependency counselor-clinical
supervisor, an independent chemical dependency counselor, or a
chemical dependency counselor III, or a chemical dependency
counselor II licensed under this chapter;
(C) An individual authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(D) A psychologist licensed under Chapter 4732. of the
Revised Code;
(E) A registered nurse licensed under Chapter 4723. of the
Revised Code;
(F) A professional clinical counselor, a professional
counselor, an independent social worker, or a social worker, an
independent marriage and family therapist, or a marriage and
family therapist licensed under Chapter 4757. of the Revised Code;
(G) A school counselor licensed by the department of
education pursuant to section 3319.22 of the Revised Code;
(H) A health education specialist certified by the national
commission for health education credentialing.
Sec. 4758.70. Except to the extent of providing services
authorized by this chapter, this chapter does not authorize any
individual to engage in either of the following:
(A) 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;
(B) The practice of professional counseling or, practice of
social work, or practice of marriage and family therapy, as those
terms are defined in section 4757.01 of the Revised Code.
Sec. 5111.20. As used in sections 5111.20 to 5111.331 of the
Revised Code:
(A) "Allowable costs" are those costs determined by the
department of job and family services to be reasonable and do not
include fines paid under sections 5111.35 to 5111.61 and section
5111.99 of the Revised Code.
(B) "Ancillary and support costs" means all reasonable costs
incurred by a nursing facility other than direct care costs, tax
costs, or capital costs. "Ancillary and support costs" includes,
but is not limited to, costs of activities, social services,
pharmacy consultants, habilitation supervisors, qualified mental
retardation professionals, program directors, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, medical equipment,
utilities, liability insurance, bookkeeping, purchasing
department, human resources, communications, travel, dues, license
fees, subscriptions, home office costs not otherwise allocated,
legal services, accounting services, minor equipment, maintenance
and repairs, help-wanted advertising, informational advertising,
start-up costs, organizational expenses, other interest, property
insurance, employee training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job and family services under
section 5111.02 of the Revised Code, for personnel listed in this
division. "Ancillary and support costs" also means the cost of
equipment, including vehicles, acquired by operating lease
executed before December 1, 1992, if the costs are reported as
administrative and general costs on the facility's cost report for
the cost reporting period ending December 31, 1992.
(C) "Capital costs" means costs of ownership and, in the case
of an intermediate care facility for the mentally retarded, costs
of nonextensive renovation.
(1) "Cost of ownership" means the actual expense incurred for
all of the following:
(a) Depreciation and interest on any capital assets that cost
five hundred dollars or more per item, including the following:
(ii) Building improvements that are not approved as
nonextensive renovations under section 5111.251 of the Revised
Code;
(iii) Except as provided in division (B) of this section,
equipment;
(iv) In the case of an intermediate care facility for the
mentally retarded, extensive renovations;
(v) Transportation equipment.
(b) Amortization and interest on land improvements and
leasehold improvements;
(c) Amortization of financing costs;
(d) Except as provided in division (K) of this section, lease
and rent of land, building, and equipment.
The costs of capital assets of less than five hundred dollars
per item may be considered capital costs in accordance with a
provider's practice.
(2) "Costs of nonextensive renovation" means the actual
expense incurred by an intermediate care facility for the mentally
retarded for depreciation or amortization and interest on
renovations that are not extensive renovations.
(D) "Capital lease" and "operating lease" shall be construed
in accordance with generally accepted accounting principles.
(E) "Case-mix score" means the measure determined under
section 5111.232 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to a resident of
a nursing facility or intermediate care facility for the mentally
retarded.
(F)(1) "Date of licensure," for a facility originally
licensed as a nursing home under Chapter 3721. of the Revised
Code, means the date specific beds were originally licensed as
nursing home beds under that chapter, regardless of whether they
were subsequently licensed as residential facility beds under
section 5123.19 of the Revised Code. For a facility originally
licensed as a residential facility under section 5123.19 of the
Revised Code, "date of licensure" means the date specific beds
were originally licensed as residential facility beds under that
section.
If nursing home beds licensed under Chapter 3721. of the
Revised Code or residential facility beds licensed under section
5123.19 of the Revised Code were not required by law to be
licensed when they were originally used to provide nursing home or
residential facility services, "date of licensure" means the date
the beds first were used to provide nursing home or residential
facility services, regardless of the date the present provider
obtained licensure.
If a facility adds nursing home beds or residential facility
beds or extensively renovates all or part of the facility after
its original date of licensure, it will have a different date of
licensure for the additional beds or extensively renovated portion
of the facility, unless the beds are added in a space that was
constructed at the same time as the previously licensed beds but
was not licensed under Chapter 3721. or section 5123.19 of the
Revised Code at that time.
(2) The definition of "date of licensure" in this section
applies in determinations of the medicaid reimbursement rate for a
nursing facility or intermediate care facility for the mentally
retarded but does not apply in determinations of the franchise
permit fee for a nursing facility or intermediate care facility
for the mentally retarded.
(G) "Desk-reviewed" means that costs as reported on a cost
report submitted under section 5111.26 of the Revised Code have
been subjected to a desk review under division (A) of section
5111.27 of the Revised Code and preliminarily determined to be
allowable costs.
(H) "Direct care costs" means all of the following:
(1)(a) Costs for registered nurses, licensed practical
nurses, and nurse aides employed by the facility;
(b) Costs for direct care staff, administrative nursing
staff, medical directors, respiratory therapists, and except as
provided in division (H)(2) of this section, other persons holding
degrees qualifying them to provide therapy;
(c) Costs of purchased nursing services;
(d) Costs of quality assurance;
(e) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job and family services in
accordance with Chapter 119. of the Revised Code, for personnel
listed in divisions (H)(1)(a), (b), and (d) of this section;
(f) Costs of consulting and management fees related to direct
care;
(g) Allocated direct care home office costs.
(2) In addition to the costs specified in division (H)(1) of
this section, for nursing facilities only, direct care costs
include costs of habilitation staff (other than habilitation
supervisors), medical supplies, oxygen, over-the-counter pharmacy
products, behavioral and mental health services, physical
therapists, physical therapy assistants, occupational therapists,
occupational therapy assistants, speech therapists, audiologists,
habilitation supplies, wheelchairs, resident transportation, and
universal precautions supplies.
(3) In addition to the costs specified in division (H)(1) of
this section, for intermediate care facilities for the mentally
retarded only, direct care costs include both of the following:
(a) Costs for physical therapists and physical therapy
assistants, occupational therapists and occupational therapy
assistants, speech therapists, audiologists, habilitation staff
(including habilitation supervisors), qualified mental retardation
professionals, program directors, social services staff,
activities staff, off-site day programming, psychologists and
psychology assistants, and social workers and counselors;
(b) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted under section 5111.02 of the Revised Code, for
personnel listed in division (H)(3)(a) of this section.
(4) Costs of other direct-care resources that are specified
as direct care costs in rules adopted under section 5111.02 of the
Revised Code.
(I) "Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.
(J) "Franchise permit fee" means the following:
(1) In the context of nursing facilities, the fee imposed by
sections 3721.50 to 3721.58 of the Revised Code;
(2) In the context of intermediate care facilities for the
mentally retarded, the fee imposed by sections 5112.30 to 5112.39
of the Revised Code.
(K) "Indirect care costs" means all reasonable costs incurred
by an intermediate care facility for the mentally retarded other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting
services, minor equipment, maintenance and repairs, help-wanted
advertising, informational advertising, start-up costs,
organizational expenses, other interest, property insurance,
employee training and staff development, employee benefits,
payroll taxes, and workers' compensation premiums or costs for
self-insurance claims and related costs as specified in rules
adopted under section 5111.02 of the Revised Code, for personnel
listed in this division. Notwithstanding division (C)(1) of this
section, "indirect care costs" also means the cost of equipment,
including vehicles, acquired by operating lease executed before
December 1, 1992, if the costs are reported as administrative and
general costs on the facility's cost report for the cost reporting
period ending December 31, 1992.
(L) "Inpatient days" means the following:
(1) In the context of a nursing facility, both of the
following:
(a) All days during which a resident, regardless of payment
source, occupies a bed in a nursing facility that is included in
the nursing facility's certified capacity under Title XIX;
(b) Fifty per cent of the days for which payment is made
under section 5111.331 of the Revised Code.
(2) In the context of an intermediate care facility for the
mentally retarded, both of the following:
(a) All days during which a resident, regardless of payment
source, occupies a bed in an intermediate care facility for the
mentally retarded that is included in the facility's certified
capacity under Title XIX;
(b) All days for which payment is made under section 5111.33
of the Revised Code.
(M) "Intermediate care facility for the mentally retarded"
means an intermediate care facility for the mentally retarded
certified as in compliance with applicable standards for the
medicaid program by the director of health in accordance with
Title XIX.
(N) "Maintenance and repair expenses" means, except as
provided in division (BB)(2) of this section, expenditures that
are necessary and proper to maintain an asset in a normally
efficient working condition and that do not extend the useful life
of the asset two years or more. "Maintenance and repair expenses"
includes but is not limited to the cost of ordinary repairs such
as painting and wallpapering.
(O) "Medicaid days" means the following:
(1) In the context of a nursing facility, both of the
following:
(a) All days during which a resident who is a medicaid
recipient eligible for nursing facility services occupies a bed in
a nursing facility that is included in the nursing facility's
certified capacity under Title XIX;
(b) Fifty per cent of the days for which payment is made
under section 5111.331 of the Revised Code.
(2) In the context of an intermediate care facility for the
mentally retarded, both of the following:
(a) All days during which a resident who is a medicaid
recipient eligible for intermediate care facility for the mentally
retarded services occupies a bed in an intermediate care facility
for the mentally retarded that is included in the facility's
certified capacity under Title XIX;
(b) All days for which payment is made under section 5111.33
of the Revised Code.
(P) "Nursing facility" means a facility, or a distinct part
of a facility, that is certified as a nursing facility by the
director of health in accordance with Title XIX and is not an
intermediate care facility for the mentally retarded. "Nursing
facility" includes a facility, or a distinct part of a facility,
that is certified as a nursing facility by the director of health
in accordance with Title XIX and is certified as a skilled nursing
facility by the director in accordance with Title XVIII.
(Q) "Operator" means the person or government entity
responsible for the daily operating and management decisions for a
nursing facility or intermediate care facility for the mentally
retarded.
(R) "Other protected costs" means costs incurred by an
intermediate care facility for the mentally retarded for medical
supplies; real estate, franchise, and property taxes; natural gas,
fuel oil, water, electricity, sewage, and refuse and hazardous
medical waste collection; allocated other protected home office
costs; and any additional costs defined as other protected costs
in rules adopted under section 5111.02 of the Revised Code.
(S)(1) "Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following
regarding a nursing facility or intermediate care facility for the
mentally retarded:
(a) The land on which the facility is located;
(b) The structure in which the facility is located;
(c) Any mortgage, contract for deed, or other obligation
secured in whole or in part by the land or structure on or in
which the facility is located;
(d) Any lease or sublease of the land or structure on or in
which the facility is located.
(2) "Owner" does not mean a holder of a debenture or bond
related to the nursing facility or intermediate care facility for
the mentally retarded and purchased at public issue or a regulated
lender that has made a loan related to the facility unless the
holder or lender operates the facility directly or through a
subsidiary.
(T) "Patient" includes "resident."
(U) Except as provided in divisions (U)(1) and (2) of this
section, "per diem" means a nursing facility's or intermediate
care facility for the mentally retarded's actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.
(1) When calculating indirect care costs for the purpose of
establishing rates under section 5111.241 of the Revised Code,
"per diem" means an intermediate care facility for the mentally
retarded's actual, allowable indirect care costs in a cost
reporting period divided by the greater of the facility's
inpatient days for that period or the number of inpatient days the
facility would have had during that period if its occupancy rate
had been eighty-five per cent.
(2) When calculating capital costs for the purpose of
establishing rates under section 5111.251 of the Revised Code,
"per diem" means a facility's actual, allowable capital costs in a
cost reporting period divided by the greater of the facility's
inpatient days for that period or the number of inpatient days the
facility would have had during that period if its occupancy rate
had been ninety-five per cent.
(V) "Provider" means an operator with a provider agreement.
(W) "Provider agreement" means a contract between the
department of job and family services and the operator of a
nursing facility or intermediate care facility for the mentally
retarded for the provision of nursing facility services or
intermediate care facility services for the mentally retarded
under the medicaid program.
(X) "Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the
facility.
(Y) "Reasonable" means that a cost is an actual cost that is
appropriate and helpful to develop and maintain the operation of
patient care facilities and activities, including normal standby
costs, and that does not exceed what a prudent buyer pays for a
given item or services. Reasonable costs may vary from provider to
provider and from time to time for the same provider.
(Z) "Related party" means an individual or organization that,
to a significant extent, has common ownership with, is associated
or affiliated with, has control of, or is controlled by, the
provider.
(1) An individual who is a relative of an owner is a related
party.
(2) Common ownership exists when an individual or individuals
possess significant ownership or equity in both the provider and
the other organization. Significant ownership or equity exists
when an individual or individuals possess five per cent ownership
or equity in both the provider and a supplier. Significant
ownership or equity is presumed to exist when an individual or
individuals possess ten per cent ownership or equity in both the
provider and another organization from which the provider
purchases or leases real property.
(3) Control exists when an individual or organization has the
power, directly or indirectly, to significantly influence or
direct the actions or policies of an organization.
(4) An individual or organization that supplies goods or
services to a provider shall not be considered a related party if
all of the following conditions are met:
(a) The supplier is a separate bona fide organization.
(b) A substantial part of the supplier's business activity of
the type carried on with the provider is transacted with others
than the provider and there is an open, competitive market for the
types of goods or services the supplier furnishes.
(c) The types of goods or services are commonly obtained by
other nursing facilities or intermediate care facilities for the
mentally retarded from outside organizations and are not a basic
element of patient care ordinarily furnished directly to patients
by the facilities.
(d) The charge to the provider is in line with the charge for
the goods or services in the open market and no more than the
charge made under comparable circumstances to others by the
supplier.
(AA) "Relative of owner" means an individual who is related
to an owner of a nursing facility or intermediate care facility
for the mentally retarded by one of the following relationships:
(2) Natural parent, child, or sibling;
(3) Adopted parent, child, or sibling;
(4) Stepparent, stepchild, stepbrother, or stepsister;
(5) Father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law;
(6) Grandparent or grandchild;
(7) Foster caregiver, foster child, foster brother, or foster
sister.
(BB) "Renovation" and "extensive renovation" mean:
(1) Any betterment, improvement, or restoration of an
intermediate care facility for the mentally retarded started
before July 1, 1993, that meets the definition of a renovation or
extensive renovation established in rules adopted by the director
of job and family services in effect on December 22, 1992.
(2) In the case of betterments, improvements, and
restorations of intermediate care facilities for the mentally
retarded started on or after July 1, 1993:
(a) "Renovation" means the betterment, improvement, or
restoration of an intermediate care facility for the mentally
retarded beyond its current functional capacity through a
structural change that costs at least five hundred dollars per
bed. A renovation may include betterment, improvement,
restoration, or replacement of assets that are affixed to the
building and have a useful life of at least five years. A
renovation may include costs that otherwise would be considered
maintenance and repair expenses if they are an integral part of
the structural change that makes up the renovation project.
"Renovation" does not mean construction of additional space for
beds that will be added to a facility's licensed or certified
capacity.
(b) "Extensive renovation" means a renovation that costs more
than sixty-five per cent and no more than eighty-five per cent of
the cost of constructing a new bed and that extends the useful
life of the assets for at least ten years.
For the purposes of division (BB)(2) of this section, the
cost of constructing a new bed shall be considered to be forty
thousand dollars, adjusted for the estimated rate of inflation
from January 1, 1993, to the end of the calendar year during which
the renovation is completed, using the consumer price index for
shelter costs for all urban consumers for the north central
region, as published by the United States bureau of labor
statistics.
The department of job and family services may treat a
renovation that costs more than eighty-five per cent of the cost
of constructing new beds as an extensive renovation if the
department determines that the renovation is more prudent than
construction of new beds.
(CC) "Tax costs" means the costs of taxes imposed under
Chapter 5751. of the Revised Code, real estate taxes, personal
property taxes, and corporate franchise taxes.
(DD) "Title XIX" means Title XIX of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(EE) "Title XVIII" means Title XVIII of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
Section 2. That existing sections 4757.41, 4758.01, 4758.02,
4758.10, 4758.20, 4758.21, 4758.22, 4758.23, 4758.24, 4758.26,
4758.27, 4758.30, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,
4758.45, 4758.51, 4758.55, 4758.56, 4758.59, 4758.61, 4758.70, and
5111.20 and sections 3793.07, 4758.04, 4758.53, and 4758.58 of the
Revised Code are hereby repealed.
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