No. 36228 (Amendment): Rule R156-60d. Substance Abuse Counselor Act Rule

(Amendment)

DAR File No.: 36228
Filed: 05/16/2012 03:00:57 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2012 Legislative General Session, H.B. 496 was passed which modified the Mental Health Professional Practice Act by amending the licensing provisions in the Substance Use Disorder Counselor Act. As a result of H.B. 496, various corresponding amendments need to be made to Rule R156-60d. Other amendments are proposed at the request of the Substance Use Disorder Counselor Licensing Board.

Summary of the rule or change:

The following rule amendments are made throughout Rule R156-60d: capitalization, updating of statutory references and license titles due to statutory amendments, and renumbering. In Section R156-60d-102, subsections are renumbered throughout the section. In Subsection R156-60d-102(1), the proposed amendment updates statutory references to be consistent with statutory amendments. The proposed amendment also updates the definition of "accredited institution" to include any school that has accreditation that is recognized by the Council for Higher Education Accreditation of the American Council on Education (CHEA). The current definition is outdated. Subsection R156-60d-102(4) is deleted because it is no longer needed due to the statutory amendments. In Subsection R156-60d-102(6), the proposed amendment updates the name of an organization that administers licensing examinations. Subsection R156-60d-102(9) is deleted because the term "qualified continuing education" is no longer used in the rule. Subsection R156-60d-102(11) is added to provide further definition of a new term used in statutory amendments. In Section Subsection R156-60d-302a, the proposed amendments remove text that is no longer necessary and add a list of prerequisite courses under authority granted in the statutory amendments. In Section R156-60d-302b, the statutory amendments require replacing the current Section R156-60d-302b with new language. The proposed language outlines standards for supervised experience similar to standards currently in place. In Section R156-60d-302c, the proposed amendment restructures this section due to the creation of an additional licensure level in H.B. 496. Section R156-60d-502 currently includes any violation of the 2008 version of the Ethical Standard of Alcoholism and Drug Abuse Counselors established by the National Association of Alcohol and Drug Abuse Counselors (NAADAC) under the definition of unprofessional conduct. In 2011, NAADAC amended the 2008 version of the ethical standards and created a "teaching tool" document that expands on the Code of Ethics. The Board believes that incorporation of the teaching tool is needed because the Code of Ethics only provides a list of general principles.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-60-501
• Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

• Removes Ethical Standards of Alcoholism and Drug Abuse Counselors, published by NAADAC, August 18, 2008
• Adds NAADAC Code of Ethics: Teaching Tool, published by National Association of Alcohol and Drug Abuse Counselors (NAADAC), January 2011

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Any additional cost impact to the state budget comes as a result of statutory amendments and was covered in the fiscal note which was completed for H.B. 496 (2012).

local governments:

The proposed amendments only apply to substance use disorder counselors and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to substance use disorder counselors and applicants for licensure in those various classifications. Small businesses that employ substance use disorder counselors will be impacted as well. Any cost impact to small businesses comes as a result of statutory amendments and was covered in the fiscal note which was completed for H.B. 496 (2012).

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to substance use disorder counselors and applicants for licensure in those various classifications. Small businesses that employ substance use disorder counselors will be impacted as well. Any cost impact to substance use disorder counselors and applicants for the various substance use disorder license classifications comes as a result of statutory amendments and was covered in the fiscal note which was completed for H.B. 496 (2012).

Compliance costs for affected persons:

The proposed amendments only apply to substance use disorder counselors and applicants for licensure in those various classifications. Small businesses that employ substance use disorder counselors will be impacted as well. Any cost impact to substance use disorder counselors and applicants for the various substance use disorder license classifications comes as a result of statutory amendments and was covered in the fiscal note which was completed for H.B. 496 (2012).

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

This rule filing implements recent statutory changes and no fiscal impact to businesses is anticipated beyond those addressed by the legislature during the 2012 General Session. Additional amendments are clarifying in nature and are not expected to result in any fiscal impact to businesses.

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:

• Rich Oborn at the above address, by phone at 801-530-6767, 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:

07/16/2012

Interested persons may attend a public hearing regarding this rule:

• 07/11/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

07/23/2012

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

R156-60d-101. Title.

This rule is known as the "Substance [Abuse]Use Disorder Counselor Act Rule."

 

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 this rule:

(1) "Accredited institution of higher education that meet division standards", as used in Subsections 58-60-506(2)(a)(i) and (5)(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]that has accreditation that is recognized by the Council for Higher Education Accreditation of the American Council on Education (CHEA).

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

(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, 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.

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

([7]6) "Initial [A]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.

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

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

(8) "Prequisite courses, as used in Subsection 58-60-506(2)(a)(iii) and (5)(a)(iii) means courses completed before qualifying for licensure.

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

([11]10) "Screening", as used in Subsection 58-60-502[(6)(a)](9)(b) and (10)(b), 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 [I]initial [A]assessment or a [S]substance [Ab]use disorder [Treatment E]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 may be included in the screening process.

([12]11) "Substance [Ab]use disorder[Treatment E] 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 [S]substance [Ab]use disorder [Treatment E]evaluation process includes the determination of a DSM-IV diagnosis and the determination of an individualized treatment plan.

(12) "Substance use disorder education program", as used in Subsection 58-60-506(2)(b) and (5)(b), means college or university coursework at an accredited institution.

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

 

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

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

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

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

] (1) In accordance with Subsection 58-60-506(2)(a)(iii) and (5)(a)(iii), three prerequisite courses shall be completed at an accredited institution and shall cover the following subjects:

(a) human development across the lifespan;

(b) general psychology; and

(c) human biology.

 

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

[ (1) In accordance with Subsections 58-60-506(2)(a)(iii)(A), (2)(b)(iii)(A), (2)(c)(ii)(A), (2)(d)(ii)A), the supervised qualifying experience shall:

(a) be supervised experience providing substance abuse counseling services as defined in Subsection 58-60-502(7);

(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 40 hours of substance abuse counseling services provided by a supervisor who shall:

(i) until July 1, 2011, be licensed as a substance abuse counselor with at least one year of experience as a licensed substance abuse counselor;

(ii) beginning on July 1, 2011, be licensed as a substance abuse counselor with at least two years of experience as a licensed substance abuse counselor; or

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

(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 58-60-511(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.

] (1) In accordance with Subsection 58-60-506(2)(c), the 4,000 hours of supervised experience in substance use disorder treatment required to qualify an applicant for the advanced substance use disorder counselor license shall be:

(a) supervised experience providing substance use disorder counseling services as defined in Subsection 58-60-502(9);

(b) supervised at a ratio of one hour of face to face direct supervision for every 40 hours of substance use disorder counseling supervision provided by a supervisor meeting qualifications established in Section 58-60-508; and

(c) completed only under the direct supervision of an advanced substance use disorder counselor or mental health therapist unless otherwise approved by the Division in collaboration with the Board.

(2) In accordance with Subsection 58-60-506(5)(c), the 2,000 hours of supervised experience in substance use disorder treatment required to qualify an applicant for the substance use disorder counselor license shall be:

(a) supervised experience providing substance use disorder counseling services as defined in Subsection 58-60-502(10);

(b) supervised at a ratio of one hour of face to face direct supervision for every 40 hours of substance use disorder counseling supervision provided by a supervisor meeting qualifications established in Section 58-60-508; and

(c) completed only when under the direct supervision of a substance use disorder counselor or mental health therapist unless otherwise approved by the Division in collaboration with the Board.

 

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

In accordance with Subsections 58-60-506(1)(e) and 58-60-1115(5)(b), the examination required [for licensure] is[ one of the following]:

(1) for licensure as a certified advanced substance use disorder counselor and an advanced substance use disorder counselor:

(a) the written NAADAC National Certification Exam Level[s I,] II[,] or MAC with a minimum criterion score set by NAADAC; or

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

(2) for licensure as a certified substance use disorder counselor or substance use disorder counselor:

(a) the written NAADAC National Certification Exam Levels I, II or MAC with a minimum criterion score set by NAADAC; or

(b) the written ICRC Alcohol and Drug Counselor (ADC) or Advanced Alcohol and Drug Counselor (AADC) Examination with a minimum criterion score as set by ICRC.

 

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]Subsection R156-1-308a(1).

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

 

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 a licensed advanced substance [ab]use disorder counselor , [or] certified advanced substance [ab]use disorder counselor , license d substance use disorder counselor, or a certified substance use disorder counselor issued under Title 58, Chapter 60, Part 5.

(2) Continuing education shall consist of 40 hours of education directly related to the licensee's professional practice. A licensed advanced substance [ab]use disorder counselor and licensed substance use disorder counselor shall complete the requirement during each two year license renewal cycle . [and a]A certified advanced substance [ab]use disorder counselor and a certified substance use disorder counselor shall complete the requirement during each two year period following the date of initial 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 continuing education for a licensed advanced substance [ab]use disorder counselor or a licensed substance use disorder counselor who first becomes licensed during the two year renewal cycle shall be decreased in a pro rata amount equal to any part of that two year renewal cycle preceding the date on which that individual first became licensed.

(4) The standards for continuing education shall include:

(a) a clear statement of purpose and defined objective for the educational program directly related to the practice of a substance [ab]use disorder 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 continuing education program and records of that registration completion available for review.

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

(a) unlimited hours shall be recognized for continuing 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 continuing education courses in the field of substance [ab]use disorder counseling; and

(c) a maximum of six hours per two year period may be recognized for clinical readings or internet-based courses directly related to practice as a substance [ab]use disorder counselor.

(6) A licensee shall be responsible for maintaining competent records of completed continuing 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]continuing 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 S[ubs]ection R156-1-308g, 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 [ab]use disorder counselor and to make a determination of any additional education, experience or examination requirements which will be required before reinstatement;

(2) passing the examination required in Section R156-60d-302c[written International Certification Examination for Alcohol and Drug Counselors of the ICRC/AODA, Inc. or the NAADAC National Certification Exam Levels I, II, or MAC] if it is determined necessary 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 [ab]use disorder counselor; and

(3) completing at least 40 hours of continuing 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 [ab]use disorder counselor.

 

R156-60d-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) violation of any provision of the ["Ethical Standards of Alcoholism and Drug Abuse Counselors" established by the NAADAC, August 18, 2008]NAADAC Code of Ethics: Teaching Tool, January 2011 edition, which is hereby incorporated by reference;

(2) acting as a supervisor without ensuring that the supervisee holds the requisite license;

([2]3) exercising undue influence over the clinical judgment of a supervisor over whom the licensee has administrative control;

([3]4) if licensed as a licensed advanced substance [ab]use disorder counselor or a licensed substance use disorder counselor, accepting the duties as a supervisor of a certified advanced substance [ab]use disorder counselor , [or a] certified advanced substance [ab]use disorder counselor intern , certified substance use disorder counselor, or a certified substance use disorder counselor intern who has any supervisory control over the licensed advanced substance [ab]use disorder counselor or licensed substance use disorder counselor; and

([4]5) directing one's mental health therapist supervisor to engage in a practice that would violate any statute, rule, or generally accepted professional or ethical standard of the supervisor's profession.

 

[ 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(7) and the duties of the 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(11), may perform an Initial Assessment as defined in R156-60d-102(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(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 develop treatment plans, which are the responsibility of the licensed mental health therapist supervisor.

]

KEY: licensing, substance [ab]use disorder counselors

Date of Enactment or Last Substantive Amendment: [August 24, 2010]2012

Notice of Continuation: January 31, 2011

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

 

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