No. 30369 (Amendment): R156-60d. Substance Abuse Counselor Act Rules

DAR File No.: 30369
Filed: 08/28/2007, 09:18
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division and the Substance Abuse Counselors Licensing Board are proposing amendments to the rule to implement statute changes to Title 58, Chapter 60, Part 5 made in S.B. 193 which was passed during the 2007 Legislative General Session. (DAR NOTE: S.B. 193 (2007) is found at Chapter 283, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

Throughout the rule amendments have been made to change the rule from plural to singular. Also, throughout the rule the additional licensure classifications of "certified substance abuse counselor, certified substance abuse counselor intern, and certified substance abuse counselor extern" have been added where appropriate. In Section R156-60d-102, definitions for "accredited institution" and "general supervision" are being added. In Sections R156-60d-302a, R156-60d-302b, and R156-60d-302c, amendments are made to conform rule to recent statutory changes. In Section R156-60d-304, added that continuing education applies to licensed substance abuse counselors and certified substance abuse counselors.

State statutory or constitutional authorization for this rule:

Subsections 58-1-106(1)(a) and 58-1-202(1)(a), and Section 58-60-501

This rule or change incorporates by reference the following material:

Updates the "Ethical Standards of Alcoholism and Drug Abuse Counselors", published by the National Association of Alcohol and Drug Abuse Counselors (NAADAC) from the May 20, 1995, edition to the December 8, 2004, edition

Anticipated cost or savings to:

the state budget:

The division will incur costs of approximately $100 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the division's current budget.

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to licensed substance abuse counselors, certified substance abuse counselors, certified substance abuse counselor interns, and certified substance abuse counselor externs and applicants for licensure in those classifications.

small businesses and persons other than businesses:

The proposed amendments only apply to licensed substance abuse counselors, certified substance abuse counselors, certified substance abuse counselor interns, and certified substance abuse counselor externs and applicants for licensure in those classifications. It should be noted that any of the license classifications may qualify as a "small business" if they have a private practice. As a result of these proposed rule amendments, the division does not anticipate any costs or savings beyond those previously addressed in the statutory amendments made in S.B. 193 with respect to the newly created license classifications of certified substance abuse counselor, certified substance abuse counselor intern and certified substance abuse counselor extern. The public will be assured by the new classifications of licensure that the providers serving them are qualified by education and experience.

Compliance costs for affected persons:

The proposed amendments only apply to licensed substance abuse counselors, certified substance abuse counselors, certified substance abuse counselor interns, and certified substance abuse counselor externs and applicants for licensure in those classifications. As a result of these proposed rule amendments, the division does not anticipate any costs or savings beyond those previously addressed in the statutory amendments made in S.B. 193 with respect to the newly created license classifications of certified substance abuse counselor, certified substance abuse counselor intern, and certified substance abuse counselor extern.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated with this rule filing beyond those addressed in S.B. 193. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2007

Interested persons may attend a public hearing regarding this rule:

10/03/2007 at 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

10/22/2007

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-60d. Substance Abuse Counselor Act Rule[s].

R156-60d-101. Title.

Th[ese]is rule[s are]is known as the "Substance Abuse Counselor Act Rule[s]."

 

R156-60d-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 60, as used in Title 58, Chapters 1 and 60 or th[ese]is rule[s]:

(1) "Accredited institution", as used in Subsections 58-60-506(2)(a)(i), (2)(b)(i), (2)(c)(i), (2)(d)(i), (3)(a)(i), (3)(b)(i), (3)(c) and (3)(d), means an educational institution identified in the "Accredited Institution of Postsecondary Education", published for the Commission of Recognition of Postsecondary Accreditation of the American Council on Education at the same time the applicant obtained the education.

([1]2) "ASAM" means the American Society of Addiction Medicine Patient Placement Criteria.[

(2) "CAGE" means a quick screening instrument promulgated by the American Society of Addiction Medicine.]

(3) "DSM-IV" means the Diagnostic Statistical Manual of Mental Health Disorders published by the American Psychiatric Association.

(4) "Formal classroom education", as used in Subsection R156-60d-302a[(4), includes workshops, seminars, institutes, and college/university work], means college or university coursework through an accredited institution.

(5) "General supervision" means that the supervisor provides consultation with the supervisee by personal face to face contact, or direct voice contact by telephone or some other means within a reasonable time consistent with the acts and practices in which the supervisee is engaged.

([5]6) "ICRC/AODA, Inc." means the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc.

([6]7) "Initial Assessment" means the procedure of gathering psycho-social information, which may include the application of the Addiction Severity Index, in order to recommend a level of treatment and to assist the mental health therapist supervisor in the information collection process and may include a referral to an appropriate treatment program[ provided the treatment program mandates that a Substance Abuse Treatment Evaluation must be completed prior to implementation of a treatment plan].

([7]8) "NAADAC" means the National Association of Alcohol and Drug Abuse Counselors.

([8]9) "Qualified continuing education" means continuing education that meets the standards set forth in Section R156-60d-304.

([9]10) "SASSI" means Substance Abuse Subtle Screening Inventory.

([10]11) "Screening", as used in Subsection 58-60-502(6)(a), means a brief interview conducted in person or by telephone to determine if there is a potential substance abuse problem. If a potential problem is identified, the screening may include a referral for an Initial Assessment or a Substance Abuse Treatment Evaluation. The screening may also include a preliminary ASAM level recommendation in order to expedite the subsequent assessment and evaluation process. Screening instruments such as the SASSI[, CAGE, etc.] may be included in the screening process.

([11]12) "Substance Abuse Treatment Evaluation" means the process used to interpret information gathered from an initial assessment, other instruments as needed, and a face to face interview by a licensed mental health therapist in order to determine if an individual meets the DSM-IV criteria for substance abuse or dependence and is in need of treatment. If the need for treatment is determined, the Substance Abuse Treatment Evaluation process includes the determination of a DSM-IV diagnosis and the determination of an individualized treatment plan.

([12]13) "Unprofessional conduct," as defined in Title 58 Chapters 1 and 60, is further defined, in accordance with Subsection 58-1-203[(5)](1)(e), in Section R156-60d-502.

 

R156-60d-103. Authority - Purpose.

Th[ese]is rule[s are] is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 60, Part 5.

 

R156-60d-302a. Qualifications for Licensure - Education Requirements.

[In accordance with Sections 58-60-505 and 58-60-506, the standards for the education requirements are established as follows:

(1) The institution of higher education set forth in Subsections 58-60-505(1)(d)(i) and 58-60-506(1)(d)(i) shall be accredited by a regional institutional accrediting body identified in the "Accredited Institutions of Postsecondary Education", published for the Commission of Recognition of Postsecondary Accreditation of the American Council on Education at the time the applicant obtained the education.

(2) The substance abuse counselor program set forth in Subsections 58-60-505(1)(d)(i)(A) and 58-60-506(1)(d)(i)(A) shall include:

(a) a major in alcohol and other drug abuse counseling; and

(b) a minimum of 300 clock hours of supervised field work practicum.

(3) Any baccalaureate or graduate degree in a behavior science field will satisfy the educational requirement set forth in Subsections 58-60-505(1)(d)(i)(B) and 58-60-506(1)(d)(i)(B).

(4) ]The 300 hours of addiction counseling specific [training]education set forth in Subsection 58-60-[506(1)(d)(ii)(B)]502(9) is defined as formal classroom education emphasizing alcohol and other drug addictions related to the practice of substance abuse counseling consisting of:

([a]1) a minimum of 18 hours in professional ethics and responsibilities; and

([b]2) a minimum of ten clock hours of training in each of the areas of practice as defined in Subsection 58-60-502[(6)(a)](7).

 

R156-60d-302b. Qualifications for Licensure - Experience Requirements.

(1) In accordance with Subsections [58-60-505(1)(d)(i)(B) and 506(1)(d)(i)(B)]58-60-506(2)(a)(iii)(A), (2)(b)(iii)(A), (2)(c)(ii)(A), (2)(d)(ii)A), the [4,000 hours of ]supervised qualifying experience shall:

(a) be supervised [4,000 clock hours of ]experience providing substance abuse counseling services as defined in Subsection 58-60-502([6]7);

(b) [consist of a minimum of 300 clock hours of addiction counseling specific training in a formal classroom education setting, emphasizing alcohol and other drug addictions related to the practice of substance abuse counseling, completed at the beginning of the supervised experience period; and include:

(i) a minimum of 18 hours in professional ethics and responsibilities; and

(ii) a minimum of ten clock hours of training in each of the areas of practice as defined in Subsection 58-60-502(6)(a);

(c) ]be completed in an approved agency as defined in Subsection 58-60-502(1);

([d]c) be supervised at a ratio of one hour of face-to-face direct supervision for every [20]40 hours of substance abuse counseling services provided by a supervisor who shall:

(i) be licensed as [either ]a substance abuse counselor with at least one year of experience as a licensed substance abuse counselor; or[or a mental health therapist;]

(ii) be a licensed mental health therapist qualified by education and experience to treat substance abuse.

[(ii) possess a certified clinical supervisor (CCS) credential, or have completed a minimum of 10,000 hours of experience in substance abuse, or if the supervised experience is completed on or after July 1, 2000, then the supervisor must possess a CCS credential or have completed at least 4,000 hours of licensed experience providing substance abuse counseling services; and]

([e]d) be completed only when a licensed substance abuse counselor or mental health therapist is at the site where the supervised experience is occurring.[

(2) In accordance with Subsection 58-60-506(1)(d)(ii)(C), the supervised experience shall:

(a) be 6,000 clock hours of experience providing substance abuse counseling services as defined in Subsection 58-60-502(6);

(b) be completed in an approved agency as defined in Subsection 58-60-502(1);

(c) be supervised at a ratio of one hour of face-to-face direct supervision for every 20 hours of substance abuse counseling services provided by a supervisor who shall:

(i) be licensed as either a substance abuse counselor or a mental health therapist;

(ii) possess a certified clinical supervisor (CCS) credential, or have completed a minimum of 10,000 hours of experience in substance abuse, or if the supervised experience is completed on or after July 1, 2000, then the supervisor must possess a CCS credential or have completed at least 4,000 hours of licensed experience providing substance abuse counseling services;

(d) be completed only when a licensed substance abuse counselor or mental health therapist is at the site where the supervised experience is occurring; and

(e) include a 300 clock hour supervised practicum experience which focuses on skill development and integration of knowledge and shall:

(i) be completed in an approved agency as defined in Subsection 58-60-502(1);

(ii) be supervised at a ratio of one hour of face-to-face direct supervision for every ten hours of substance abuse counseling services provided by a supervisor who shall:

(A) be licensed as either a substance abuse counselor or a mental health therapist;

(B) possess a certified clinical supervisor (CCS) credential, or have completed a minimum of 10,000 hours of experience in substance abuse, or if the supervised experience is completed on or after July 1, 2000, then the supervisor must possess a CCS credential or have completed at least 4,000 hours of licensed experience providing substance abuse counseling services;

(iii) consist of a minimum of ten clock hours of experience in each of the area of practice as defined in Subsection 58-60-502(6)(a); and

(iv) be completed only when a licensed substance abuse counselor or mental health therapist is at the site where the supervised experience is occurring.]

(2) In accordance with Subsection 58-60-511(1), hours of experience required by Section 58-60-506 that are earned after January 1, 2008 shall be earned while the person earning the hours is licensed as a certified substance abuse counselor, certified substance abuse counselor intern or certified substance abuse counselor extern.

 

R156-60d-302c. Qualifications for Licensure - Examination Requirements.

In accordance with Subsection[s 58-60-505(1)(e) and] 58-60-506(1)(e), the examination[s] required for licensure is[are the following:

(1) ] the written International Certification Examination for Alcohol and Drug Counselors of the ICRC/AODA, Inc., with a minimum criterion score as set by ICRC/AODA, Inc[; or

(2) current certification by the ICRC/AODA, Inc. as an international certified alcohol and drug counselor (ICADC), if applying for licensure prior to July 1, 1998].

 

R156-60d-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 60, Part 5 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308.

 

R156-60d-304. Continuing Education for Licensed Substance Abuse Counselors and Certified Substance Abuse Counselors.

(1) In accordance with Section 58-60-105, there is created a continuing education requirement as a condition for renewal or reinstatement of licensed substance abuse counselors and certified substance abuse counselors licenses issued under Title 58, Chapter 60, Part 5.

(2) Continuing education shall consist of 40 hours of qualified continuing professional education directly related to the licensee's professional practice in each preceding two year period of licensure or expiration of licensure. At least six of the 40 required hours, must be in the area of professional ethics and responsibilities.

(3) The required number of hours of professional education for an individual who first becomes licensed during the two year period shall be decreased in a pro rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(4) The standards for qualified continuing professional education shall include:

(a) a clear statement of purpose and defined objective for the educational program directly related to the practice of a substance abuse counselor;

(b) documented relevance to the licensee's professional practice;

(c) a competent, well-organized, and sequential presentation consistent with the stated purpose and objective of the program;

(d) preparation and presentation by individuals who are qualified by education, training, and experience; and

(e) a competent method of registration of individuals who actually completed the professional education program and records of that registration completion available for review.

(5) Credit for professional education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for professional education completed in blocks of time of not less than 50 minutes in formally established classroom courses, seminars, conferences, workshops, institutes, or in services;

(b) a maximum of ten hours per two year period may be recognized for teaching in a college or university, or teaching qualified continuing professional education courses in the field of substance abuse; and

(c) a maximum of six hours per two year period may be recognized for clinical readings directly related to practice as a substance abuse counselor.

(6) A licensee shall be responsible for maintaining competent records of completed qualified professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified professional education to demonstrate it meets the requirements under this section.

(7) A licensee who documents he is engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional education requirements established under this section may be excused from the requirement for a period of up to five years. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

 

R156-60d-307. License Reinstatement - Requirements.

In accordance with Subsection R156-1-308[e(3)(b)]g, an applicant for reinstatement of a license after two years following expiration of that license shall demonstrate competency by:

(1) meeting with the board upon request for the purpose of evaluating the applicant's current ability to engage safely and competently in practice as a substance abuse counselor and to make a determination of any additional education, experience or examination requirements which will be required before reinstatement;

(2) passing the written International Certification Examination for Alcohol and Drug Counselors of the ICRC/AODA, Inc. if it is determined by the board that current taking and passing of the examination is necessary to demonstrate the applicant's ability to engage safely and competently in practice as a substance abuse counselor; and

(3) completing at least 40 hours of professional education in subjects determined by the board as necessary to ensure the applicant's ability to engage safely and competently in practice as a substance abuse counselor.

 

R156-60d-502. Unprofessional Conduct.

"Unprofessional conduct" includes any violation of any provision of the "Ethical Standards of Alcoholism and Drug Abuse Counselors" established by the NAADAC, [May 20, 1995]December 8, 2004 edition, which is hereby incorporated by reference.

 

R156-60d-601. Scope of Practice.

The scope of practice of a licensed substance abuse counselor, certified substance abuse counselor, certified substance abuse counselor intern and certified substance counselor extern as used in Subsection 58-60-502[(6)(a)](7) and the duties of the [mental health ]supervisor of a licensed substance abuse counselor, certified substance abuse counselor, certified substance abuse counselor intern and certified substance abuse counselor extern as used in Section 58-60-508 are further defined and clarified as follows:

(1) A licensed substance abuse counselor, certified substance abuse counselor, certified substance abuse counselor intern and certified substance abuse counselor extern may perform a Screening as defined in R156-60d-102([6]11), may perform an Initial Assessment as defined in R156-60d-102([3]7), and may assist in the evaluation process by meeting with the client to gather parts of the psycho-social information as directed by the supervising licensed mental health therapist. However, the licensed mental health therapist supervisor must see the individual face to face to conduct the Substance Abuse Treatment Evaluation as defined in R156-60d-102([7]12).

(2) A licensed substance abuse counselor, certified substance abuse counselor, certified substance abuse counselor intern and certified abuse counselor extern may also participate as part of the multi-disciplinary team in the development of the treatment plan, but may not independently diagnose and [prescribe]develop treatment plans, which [is]are the responsibility of the licensed mental health therapist supervisor.

 

KEY: licensing, substance abuse counselors

Date of Enactment or Last Substantive Amendment: [October 18, 2001]2007

Notice of Continuation: April 10, 2006

Authorizing, and Implemented or Interpreted Law: 58-60-501; 58-1-106(1)(a); 58-1-202(1)(a)