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H. B. No. 653 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Sprague, Antonio
Cosponsor:
Representative Patterson
A BILL
To amend sections 2305.234, 4757.41, 4758.01,
4758.02, 4758.10, 4758.13, 4758.20, 4758.21,
4758.22, 4758.23, 4758.30, 4758.31, 4758.36,
4758.39, 4758.40, 4758.41, 4758.42, 4758.43,
4758.44, 4758.45, 4758.46, 4758.60, and 4758.61 of
the Revised Code regarding the practices of
chemical dependency counseling and prevention
services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.234, 4757.41, 4758.01, 4758.02,
4758.10, 4758.13, 4758.20, 4758.21, 4758.22, 4758.23, 4758.30,
4758.31, 4758.36, 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,
4758.44, 4758.45, 4758.46, 4758.60, and 4758.61 of the Revised
Code be amended to read as follows:
Sec. 2305.234. (A) As used in this section:
(1) "Chiropractic claim," "medical claim," and "optometric
claim" have the same meanings as in section 2305.113 of the
Revised Code.
(2) "Dental claim" has the same meaning as in section
2305.113 of the Revised Code, except that it does not include any
claim arising out of a dental operation or any derivative claim
for relief that arises out of a dental operation.
(3) "Governmental health care program" has the same meaning
as in section 4731.65 of the Revised Code.
(4) "Health care facility or location" means a hospital,
clinic, ambulatory surgical facility, office of a health care
professional or associated group of health care professionals,
training institution for health care professionals, or any other
place where medical, dental, or other health-related diagnosis,
care, or treatment is provided to a person.
(5) "Health care professional" means any of the following who
provide medical, dental, or other health-related diagnosis, care,
or treatment:
(a) Physicians authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(b) Registered nurses and licensed practical nurses licensed
under Chapter 4723. of the Revised Code and individuals who hold a
certificate of authority issued under that chapter that authorizes
the practice of nursing as a certified registered nurse
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner;
(c) Physician assistants authorized to practice under Chapter
4730. of the Revised Code;
(d) Dentists and dental hygienists licensed under Chapter
4715. of the Revised Code;
(e) Physical therapists, physical therapist assistants,
occupational therapists, occupational therapy assistants, and
athletic trainers licensed under Chapter 4755. of the Revised
Code;
(f) Chiropractors licensed under Chapter 4734. of the Revised
Code;
(g) Optometrists licensed under Chapter 4725. of the Revised
Code;
(h) Podiatrists authorized under Chapter 4731. of the Revised
Code to practice podiatry;
(i) Dietitians licensed under Chapter 4759. of the Revised
Code;
(j) Pharmacists licensed under Chapter 4729. of the Revised
Code;
(k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. of the
Revised Code;
(l) Respiratory care professionals licensed under Chapter
4761. of the Revised Code;
(m) Speech-language pathologists and audiologists licensed
under Chapter 4753. of the Revised Code;
(n) Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social
workers, independent marriage and family therapists, and marriage
and family therapists, licensed under Chapter 4757. of the Revised
Code;
(o) Psychologists licensed under Chapter 4732. of the Revised
Code;
(p) Individuals Independent chemical dependency
counselors-clinical supervisors, independent chemical dependency
counselors, chemical dependency counselors III, and chemical
dependency counselors II, licensed or certified 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, and chemical dependency counselor assistants, prevention
consultants, prevention specialists, prevention specialist
assistants, and registered applicants, certified under that
chapter.
(6) "Health care worker" means a person other than a health
care professional who provides medical, dental, or other
health-related care or treatment under the direction of a health
care professional with the authority to direct that individual's
activities, including medical technicians, medical assistants,
dental assistants, orderlies, aides, and individuals acting in
similar capacities.
(7) "Indigent and uninsured person" means a person who meets
all of the following requirements:
(a) The person's income is not greater than two hundred per
cent of the current poverty line as defined by the United States
office of management and budget and revised in accordance with
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"
95 Stat. 511, 42 U.S.C. 9902, as amended.
(b) The person is not eligible for the medicaid program or
any other governmental health care program.
(c) Either of the following applies:
(i) The person is not a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan.
(ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer, policy,
contract, or plan denies coverage or is the subject of insolvency
or bankruptcy proceedings in any jurisdiction.
(8) "Nonprofit health care referral organization" means an
entity that is not operated for profit and refers patients to, or
arranges for the provision of, health-related diagnosis, care, or
treatment by a health care professional or health care worker.
(9) "Operation" means any procedure that involves cutting or
otherwise infiltrating human tissue by mechanical means, including
surgery, laser surgery, ionizing radiation, therapeutic
ultrasound, or the removal of intraocular foreign bodies.
"Operation" does not include the administration of medication by
injection, unless the injection is administered in conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection.
"Operation" does not include routine dental restorative
procedures, the scaling of teeth, or extractions of teeth that are
not impacted.
(10) "Tort action" means a civil action for damages for
injury, death, or loss to person or property other than a civil
action for damages for a breach of contract or another agreement
between persons or government entities.
(11) "Volunteer" means an individual who provides any
medical, dental, or other health-care related diagnosis, care, or
treatment without the expectation of receiving and without receipt
of any compensation or other form of remuneration from an indigent
and uninsured person, another person on behalf of an indigent and
uninsured person, any health care facility or location, any
nonprofit health care referral organization, or any other person
or government entity.
(12) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(13) "Deep sedation" means a drug-induced depression of
consciousness during which a patient cannot be easily aroused but
responds purposefully following repeated or painful stimulation, a
patient's ability to independently maintain ventilatory function
may be impaired, a patient may require assistance in maintaining a
patent airway and spontaneous ventilation may be inadequate, and
cardiovascular function is usually maintained.
(14) "General anesthesia" means a drug-induced loss of
consciousness during which a patient is not arousable, even by
painful stimulation, the ability to independently maintain
ventilatory function is often impaired, a patient often requires
assistance in maintaining a patent airway, positive pressure
ventilation may be required because of depressed spontaneous
ventilation or drug-induced depression of neuromuscular function,
and cardiovascular function may be impaired.
(B)(1) Subject to divisions (F) and (G)(3) of this section, a
health care professional who is a volunteer and complies with
division (B)(2) of this section is not liable in damages to any
person or government entity in a tort or other civil action,
including an action on a medical, dental, chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision to an indigent and
uninsured person of medical, dental, or other health-related
diagnosis, care, or treatment, including the provision of samples
of medicine and other medical products, unless the action or
omission constitutes willful or wanton misconduct.
(2) To qualify for the immunity described in division (B)(1)
of this section, a health care professional shall do all of the
following prior to providing diagnosis, care, or treatment:
(a) Determine, in good faith, that the indigent and uninsured
person is mentally capable of giving informed consent to the
provision of the diagnosis, care, or treatment and is not subject
to duress or under undue influence;
(b) Inform the person of the provisions of this section,
including notifying the person that, by giving informed consent to
the provision of the diagnosis, care, or treatment, the person
cannot hold the health care professional liable for damages in a
tort or other civil action, including an action on a medical,
dental, chiropractic, optometric, or other health-related claim,
unless the action or omission of the health care professional
constitutes willful or wanton misconduct;
(c) Obtain the informed consent of the person and a written
waiver, signed by the person or by another individual on behalf of
and in the presence of the person, that states that the person is
mentally competent to give informed consent and, without being
subject to duress or under undue influence, gives informed consent
to the provision of the diagnosis, care, or treatment subject to
the provisions of this section. A written waiver under division
(B)(2)(c) of this section shall state clearly and in conspicuous
type that the person or other individual who signs the waiver is
signing it with full knowledge that, by giving informed consent to
the provision of the diagnosis, care, or treatment, the person
cannot bring a tort or other civil action, including an action on
a medical, dental, chiropractic, optometric, or other
health-related claim, against the health care professional unless
the action or omission of the health care professional constitutes
willful or wanton misconduct.
(3) A physician or podiatrist who is not covered by medical
malpractice insurance, but complies with division (B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code.
(C) Subject to divisions (F) and (G)(3) of this section,
health care workers who are volunteers are not liable in damages
to any person or government entity in a tort or other civil
action, including an action upon a medical, dental, chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the health care worker in the provision to an indigent
and uninsured person of medical, dental, or other health-related
diagnosis, care, or treatment, unless the action or omission
constitutes willful or wanton misconduct.
(D) Subject to divisions (F) and (G)(3) of this section, a
nonprofit health care referral organization is not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for
injury, death, or loss to person or property that allegedly arises
from an action or omission of the nonprofit health care referral
organization in referring indigent and uninsured persons to, or
arranging for the provision of, medical, dental, or other
health-related diagnosis, care, or treatment by a health care
professional described in division (B)(1) of this section or a
health care worker described in division (C) of this section,
unless the action or omission constitutes willful or wanton
misconduct.
(E) Subject to divisions (F) and (G)(3) of this section and
to the extent that the registration requirements of section
3701.071 of the Revised Code apply, a health care facility or
location associated with a health care professional described in
division (B)(1) of this section, a health care worker described in
division (C) of this section, or a nonprofit health care referral
organization described in division (D) of this section is not
liable in damages to any person or government entity in a tort or
other civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for
injury, death, or loss to person or property that allegedly arises
from an action or omission of the health care professional or
worker or nonprofit health care referral organization relative to
the medical, dental, or other health-related diagnosis, care, or
treatment provided to an indigent and uninsured person on behalf
of or at the health care facility or location, unless the action
or omission constitutes willful or wanton misconduct.
(F)(1) Except as provided in division (F)(2) of this section,
the immunities provided by divisions (B), (C), (D), and (E) of
this section are not available to a health care professional,
health care worker, nonprofit health care referral organization,
or health care facility or location if, at the time of an alleged
injury, death, or loss to person or property, the health care
professionals or health care workers involved are providing one of
the following:
(a) Any medical, dental, or other health-related diagnosis,
care, or treatment pursuant to a community service work order
entered by a court under division (B) of section 2951.02 of the
Revised Code or imposed by a court as a community control
sanction;
(b) Performance of an operation to which any one of the
following applies:
(i) The operation requires the administration of deep
sedation or general anesthesia.
(ii) The operation is a procedure that is not typically
performed in an office.
(iii) The individual involved is a health care professional,
and the operation is beyond the scope of practice or the
education, training, and competence, as applicable, of the health
care professional.
(c) Delivery of a baby or any other purposeful termination of
a human pregnancy.
(2) Division (F)(1) of this section does not apply when a
health care professional or health care worker provides medical,
dental, or other health-related diagnosis, care, or treatment that
is necessary to preserve the life of a person in a medical
emergency.
(G)(1) This section does not create a new cause of action or
substantive legal right against a health care professional, health
care worker, nonprofit health care referral organization, or
health care facility or location.
(2) This section does not affect any immunities from civil
liability or defenses established by another section of the
Revised Code or available at common law to which a health care
professional, health care worker, nonprofit health care referral
organization, or health care facility or location may be entitled
in connection with the provision of emergency or other medical,
dental, or other health-related diagnosis, care, or treatment.
(3) This section does not grant an immunity from tort or
other civil liability to a health care professional, health care
worker, nonprofit health care referral organization, or health
care facility or location for actions that are outside the scope
of authority of health care professionals or health care workers.
(4) This section does not affect any legal responsibility of
a health care professional, health care worker, or nonprofit
health care referral organization to comply with any applicable
law of this state or rule of an agency of this state.
(5) This section does not affect any legal responsibility of
a health care facility or location to comply with any applicable
law of this state, rule of an agency of this state, or local code,
ordinance, or regulation that pertains to or regulates building,
housing, air pollution, water pollution, sanitation, health, fire,
zoning, or safety.
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 who is not licensed under this chapter as a
licensed professional clinical counselor, licensed professional
counselor, independent social worker, or social worker and is
employed in the civil service as defined in section 124.01 of the
Revised Code while engaging in professional counseling or social
work as a civil service employee, if on the effective date of this
amendment July 10, 2014, the person has at least two years of
service in that capacity;
(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 An individual who hold holds a license or
certificate under Chapter 4758. of the Revised Code who are is
acting within the scope of their the individual's license or
certificate as members a member of the profession of chemical
dependency counseling or alcohol and other drug prevention
services;
(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;
(9) Members of labor organizations who hold union counselor
certificates while performing services in their official capacity
as union counselors;
(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;
(11) A vocational rehabilitation professional who is
providing rehabilitation services to individuals under section
3304.17 of the Revised Code, or holds certification by the
commission on rehabilitation counselor certification and is
providing rehabilitation counseling services consistent with the
commission's standards;
(12) A caseworker not licensed under this chapter as an
independent social worker or social worker who is employed by a
public children services agency under section 5153.112 of the
Revised Code.
(B) Divisions (A)(5) and (10) of this section do not prevent
a person described in those divisions from obtaining a license or
certificate of registration under this chapter.
(C) Except as provided in divisions (A) and (D) of this
section, no employee in the service of the state, including public
employees as defined by Chapter 4117. of the Revised Code, shall
engage in the practice of professional counseling, social work, or
marriage and family therapy without the appropriate license issued
by the board. Failure to comply with this division constitutes
nonfeasance under section 124.34 of the Revised Code or just cause
under a collective bargaining agreement. Nothing in this division
restricts the director of administrative services from developing
new classifications related to this division or from reassigning
affected employees to appropriate classifications based on the
employee's duties and qualifications.
(D) Except as provided in division (A) of this section, an
employee who was engaged in the practice of professional
counseling, social work, or marriage and family therapy in the
service of the state prior to the effective date of this amendment
July 10, 2014, including public employees as defined by Chapter
4117. of the Revised Code, shall comply with division (C) of this
section within two years after the effective date of this
amendment July 10, 2014. Any such employee who fails to comply
shall be removed from employment.
(E) Nothing in this chapter prevents a public children
services agency from employing as a caseworker a person not
licensed under this chapter as an independent social worker or
social worker who has the qualifications specified in section
5153.112 of the Revised Code.
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 December 23, 2002.
(E)(D) "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)(E) "Gambling disorder" means a persistent and recurring
maladaptive gambling behavior that is 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 September 15, 2014.
(F) "Prevention services" means a comprehensive, multi-system
set of individual and environmental approaches that maximizes
physical health, promotes safety, and precludes the onset of
behavioral health disorders.
(G) 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, certificate, or
endorsement under this chapter is trained and qualified.
(H) "Substance abuse professional" has the same meaning as in
49 C.F.R. 40.3.
(I) "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) Except as provided in section 4758.03 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, 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," "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 holds a gambling
disorder endorsement unless the person holds a valid gambling
disorder endorsement issued under this chapter;
(4) Represent to the public that the person is a registered
applicant unless the person holds a valid registered applicant
certificate issued under this chapter;
(5) Use the title "certified prevention specialist II
consultant," "CPS II CPC," "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) 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
consultant 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 fifty 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 December 23, 2002, the
director of mental health and addiction services shall appoint an
individual who represents the department of mental health and
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. 4758.13. 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. 4758.20. (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, certificate, or endorsement issued under this
chapter;
(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, certificate, or endorsement issued under
this chapter;
(b) The documents that an individual seeking such a license,
certificate, or endorsement must submit to the board;
(c) Requirements to obtain the license, certificate, or
endorsement that are in addition to the requirements established
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,
4758.44, 4758.45, 4758.46, 4758.47, and 4758.48 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.
(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, certificate, or endorsement
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, certificate, or endorsement 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, certificate, or endorsement 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 science or nursing that
shall, at a minimum, include at least forty 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)(2) of section 4758.39 of
the Revised Code, the number of hours of compensated work or
supervised internship experience that an individual must have and
the number of those hours that must be in clinical supervisory
experience;
(12) 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 both of the following:
(a) The number of hours of training in chemical dependency an
individual must have;
(b) 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)(i) Theories of addiction;
(b)(ii) Counseling procedures and strategies with addicted
populations;
(c)(iii) Group process and techniques working with addicted
populations;
(d)(iv) Assessment and diagnosis of addiction;
(e)(v) Relationship counseling with addicted populations;
(g)(vii) Prevention strategies;
(h)(viii) Treatment planning;
(i)(ix) Legal and ethical issues.
(12)(13) For the purpose of division (A)(2) of section
4758.40, division (A)(2) of section 4758.41, and division (A)(2)
of section 4758.42 of the Revised Code, the number of hours of
compensated work or supervised internship experience that an
individual must have;
(14) 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)(15) For the purpose of division (A)(1) of section
4758.41 of the Revised Code, course requirements for a degree in a
behavioral science or nursing;
(14)(16) For the purpose of division (A) of section 4758.43
of the Revised Code, training both of the following:
(a) The number of hours of training in chemical dependency
counseling that an individual must have;
(b) 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)(10) of this section as
selected by the individual seeking the chemical dependency
counselor assistant certificate;.
(15)(17) For the purpose of division (A)(1) of section
4758.44 of the Revised Code, the number of hours of compensated
work experience in prevention services that an individual must
have and the number of those hours that must be in administering
or supervising the services;
(18) 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)(19) For the purpose of division (A)(3) of section
4758.44, division (A)(3) of section 4758.45, and division (D) of
section 4758.46 of the Revised Code, requirements both of the
following:
(a) The number of hours of prevention-related education that
an individual must have;
(b) Requirements for prevention-related education;.
(17)(20) 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)(21) For the purpose of division (A)(1) of section
4758.45 of the Revised Code, the number of hours of compensated or
volunteer work, field placement, intern, or practicum experience
in prevention services that an individual must have and the number
of those hours that must be in planning or delivering the
services;
(22) 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)(23) For the purpose of division (C) of section 4758.46
of the Revised Code, the number of hours of compensated or
volunteer work, field placement, intern, or practicum experience
in prevention services that an individual must have;
(24) Standards for the one hundred hours of compensated work
or supervised internship in gambling disorder direct clinical
experience required by division (B)(2) of section 4758.48 of the
Revised Code;
(20)(25) For the purpose of section 4758.51 of the Revised
Code, continuing education requirements for individuals who hold a
license, certificate, or endorsement issued under this chapter;
(21)(26) 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, certificate,
or endorsement restored under section 4758.26 of the Revised Code;
(22)(27) For the purpose of divisions (A) and (B) of section
4758.52 of the Revised Code, training requirements for chemical
dependency counseling;
(23)(28) The duties, which may differ, of all of the
following:
(a) An independent chemical dependency counselor-clinical
supervisor licensed under this chapter who supervises a chemical
dependency counselor III under section 4758.56 of the Revised
Code;
(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;
(c) A prevention specialist II consultant or prevention
specialist I certified under this chapter or independent chemical
dependency counselor-clinical supervisor, independent chemical
dependency counselor, or chemical dependency counselor III
licensed under this chapter who supervises a prevention specialist
assistant or registered applicant under section 4758.61 of the
Revised Code.
(24)(29) The duties of an independent chemical dependency
counselor licensed under this chapter who holds the gambling
disorder endorsement who supervises a chemical dependency
counselor III with the gambling disorder endorsement under section
4758.62 of the Revised Code.
(25)(30) 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.
(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 consultant certificate, prevention specialist I certificate,
prevention specialist assistant certificate, or registered
applicant certificate;
(3) Issuing an initial gambling disorder endorsement;
(4) 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 assistant certificate, prevention specialist
II consultant certificate, prevention specialist I certificate, or
prevention specialist assistant certificate;
(5) Renewing a gambling disorder endorsement;
(6) Approving continuing education courses under section
4758.28 of the Revised Code;
(7) 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, certificate,
or endorsement and the renewal of a license, certificate, or
endorsement may differ for the various types of licenses,
certificates, or endorsements, 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 consultant 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-clinical supervisor license, independent
chemical dependency counselor license, chemical dependency
counselor III license, chemical dependency counselor II license,
or chemical dependency counselor assistant certificate issued
under this chapter;
(2) Individuals who hold a valid prevention specialist II
consultant certificate, prevention specialist I certificate,
prevention specialist assistant certificate, or registered
applicant certificate issued under this chapter;
(3) Individuals who hold a valid gambling disorder
endorsement.
(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. 4758.30. (A) The chemical dependency professionals
board, in accordance with Chapter 119. of the Revised Code, may
refuse to issue a license, certificate, or endorsement applied for
under this chapter; refuse to renew or restore a license,
certificate, or endorsement issued under this chapter; suspend,
revoke, or otherwise restrict a license, certificate, or
endorsement issued under this chapter; or reprimand an individual
holding a license, certificate, or endorsement issued under this
chapter. These actions may be taken by the board regarding the
applicant for a license, certificate, or endorsement or the
individual holding a license, certificate, or endorsement 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, certificate, or endorsement or for renewal,
restoration, or reinstatement of a license, certificate, or
endorsement;
(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, gambling disorder
counseling, or fields related to chemical dependency counseling,
gambling disorder counseling, or alcohol and other drug prevention
services, or gambling disorder counseling;
(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 assistant,
prevention specialist II consultant, gambling disorder endorsee,
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 assistant,
gambling disorder endorsee, prevention specialist II consultant,
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, 4758.61, or
4758.62 of the Revised Code;
(9) Violation of the code of ethical practice and
professional conduct for chemical dependency counseling, alcohol
and other drug prevention services, or gambling disorder
counseling services adopted by the board pursuant to section
4758.23 of the Revised Code;
(10) Revocation of a license, certificate, or endorsement or
voluntary surrender of a license, certificate, or endorsement in
another state or jurisdiction for an offense that would be a
violation of this chapter.
(B) An individual whose license, certificate, or endorsement
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, certificate, or endorsement 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, prevention services, or
gambling disorder counseling services, or alcohol and other drug
prevention services by individuals who hold a license,
certificate, or endorsement 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 or gambling disorder 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. 4758.36. 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 whose
education, or experience in chemical dependency counseling,
gambling disorder, or alcohol and other drug prevention services,
or gambling disorder counseling was obtained outside the United
States, or whose education and experience both were obtained
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. 4758.39. 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 the number of hours
specified in rules adopted under section 4758.20 of the Revised
Code of compensated work or supervised internship experience (,
including at least two thousand the number of hours specified in
those rules 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 twenty per
cent 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 the number of hours
specified in rules adopted under section 4758.20 of the Revised
Code of training in chemical dependency that meets the
requirements specified in those 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 March 22, 2013, a
valid independent chemical dependency counselor license.
Sec. 4758.40. An individual seeking an independent chemical
dependency counselor 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 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 two thousand the number of hours
specified in rules adopted under section 4758.20 of the Revised
Code of compensated work or supervised internship experience in
any of the following, not less than four hundred hours twenty per
cent 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 the number of hours
specified in rules adopted under section 4758.20 of the Revised
Code of training in chemical dependency that meets the
requirements specified in those 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 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) 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 licensed 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 the requirements of division (A),
(B), or (C) 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 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 two thousand the number of hours
specified in rules adopted under section 4758.20 of the Revised
Code of compensated work or supervised internship experience in
any of the following, not less than four hundred hours twenty per
cent 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 the number of hours
specified in rules adopted under section 4758.20 of the Revised
Code of training in chemical dependency that meets the
requirements specified in those 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 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) 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 licensed 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) 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 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 an
associate's degree in a behavioral science or nursing or a
bachelor's degree in any field;
(2) Have not less than two thousand the number of hours
specified in rules adopted under section 4758.20 of the Revised
Code of compensated work or supervised internship experience in
any of the following, not less than four hundred hours twenty per
cent 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 the number of hours
specified in rules adopted under section 4758.20 of the Revised
Code of training in chemical dependency that meets the
requirements specified in those 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) 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 the number of hours specified in
rules adopted under section 4758.20 of the Revised Code of
training in chemical dependency counseling that meets the
requirements specified in those rules adopted under section
4758.20 of the Revised Code;
(B) 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 registered candidate.
Sec. 4758.44. An individual seeking a prevention specialist
II consultant certificate 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) Have at least six thousand the number of hours specified
in rules adopted under section 4758.20 of the Revised Code of
compensated work experience in alcohol and other drug prevention
services, including at least four thousand the number of hours
specified in those rules of administering or supervising the
services;
(2) 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 one hundred the number of hours specified
in rules adopted under section 4758.20 of the Revised Code of
prevention-related education that meets the requirements specified
in those rules adopted under section 4758.20 of the Revised Code;
(4) Have at least the number of hours specified in rules
adopted under section 4758.20 of the Revised Code of
administrative or supervisory education specified in rules adopted
under section 4758.20 of the Revised Code;
(5) 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 prevention specialist II consultant.
(B) 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 prevention specialist II.
Sec. 4758.45. An individual seeking a prevention specialist I
certificate 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) Have at least two thousand the number of hours specified
in rules adopted under section 4758.20 of the Revised Code of
compensated or volunteer work, field placement, intern, or
practicum experience in alcohol and other drug prevention
services, including at least
four hundred the number of hours
specified in those rules of planning or delivering the services;
(2) 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 the number of hours specified
in rules adopted under section 4758.20 of the Revised Code of
prevention-related education that meets the requirements specified
in those 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 prevention specialist I.
(B) 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 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 the number of hours specified
in rules adopted under section 4758.20 of the Revised Code of
compensated or volunteer work, field placement, intern, or
practicum experience in alcohol and other drug prevention
services;
(D) Have at least forty-five the number of hours specified in
rules adopted under section 4758.20 of the Revised Code of
prevention-related education that meets the requirements specified
in those rules adopted under section 4758.20 of the Revised Code.
Sec. 4758.60. An individual who holds a valid prevention
specialist II consultant certificate or prevention specialist I
certificate issued under this chapter may engage in the practice
of prevention services as specified in rules adopted under section
4758.20 of the Revised Code.
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 consultant 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 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 licensed professional clinical counselor, a licensed
professional counselor, an independent social worker, 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;
(I) An individual authorized to practice as a certified nurse
practitioner or clinical nurse specialist under Chapter 4723. of
the Revised Code.
Section 2. That existing sections 2305.234, 4757.41,
4758.01, 4758.02, 4758.10, 4758.13, 4758.20, 4758.21, 4758.22,
4758.23, 4758.30, 4758.31, 4758.36, 4758.39, 4758.40, 4758.41,
4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.60, and 4758.61
of the Revised Code are hereby repealed.
Section 3. (A) This act renames two of the certificates
issued by the Chemical Dependency Professionals Board as follows:
(1) A prevention specialist I certificate is renamed a
prevention specialist certificate;
(2) A prevention specialist II certificate is renamed a
prevention consultant certificate.
(B) A certificate described in division (A) of this section
that is valid on the effective date of this act constitutes the
renamed certificate and remains valid until its expiration date,
unless earlier suspended or revoked by the Board.
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