GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2008-130

SENATE BILL 2117

 

 

AN ACT TO make certain clarifying changes to the north carolina substance abuse professional practice act, to CLARIFY THE REQUIREMENTS of MEMBERSHIP ON THE NORTH CAROLINA SUBSTANCE ABUSE PROFESSIONAL PRACTICE BOARD under certain circumstances, AND TO amend the laws requiring a passing score on an oral examination thereby affecting fees charged by the board under the laws regulating substance abuse professionals.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 90-113.31A reads as rewritten:

" 90-113.31A.  Definitions.

The following definitions shall apply in this Article:

(9)       Clinical addictions specialist intern. - A person who successfully completes 300 hours of Board-approved supervised practical training and passes a written examination in pursuit of licensure as a clinical addictions specialist.

(22a)   Provisional licensed clinical addictions specialist. - A registrant who successfully completes 300 hours of Board-approved supervised practical training in pursuit of licensure as a clinical addictions specialist.

(25)     Substance abuse counselor intern. - A person registrant who successfully completes 300 hours of Board-approved supervised practical training and passes a written examination in pursuit of credentialing as a substance abuse counselor.

(26)     Substance abuse professional. - A registrant, certified substance abuse counselor, substance abuse counselor intern, certified substance abuse prevention consultant, certified clinical supervisor, clinical addictions specialist intern,provisional licensed clinical addictions specialist, licensed clinical addictions specialist, certified substance abuse residential facility director, clinical supervisor intern, or certified criminal justice addictions professional."

SECTION 2.  G.S. 90-113.32(b) is repealed.

SECTION 3.  G.S. 90-113.32(c)(3) reads as rewritten:

"(c)      After the initial Board members' terms expire, the Board shall consist of the following members, all of whom shall reside in North Carolina, appointed or elected as follows:

(3)       Two members from the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, Department of Health and Human Services, appointed by the Chief of the North Carolina Substance Abuse Single State Agency,Community Policy Management of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, at least one of whom administers substance abuse services."

SECTION 4.  G.S. 90-113.40 reads as rewritten:

" 90-113.40.  Requirements for certification and licensure.

(a)       The Board shall issue a certificate certifying an applicant as a "Certified Substance Abuse Counselor" or as a "Certified Substance Abuse Prevention Consultant" if:

(1)       The applicant is of good moral character.

(2)       The applicant is not and has not engaged in any practice or conduct that would be grounds for disciplinary action under G.S. 90-113.44.

(3)       The applicant is qualified for certification pursuant to the requirements of this Article and any rules adopted pursuant to it.

(4)       The applicant has, at a minimum, a high school diploma or a high school equivalency certificate.

(5)       The applicant has signed a form attesting to the intention to adhere fully to the ethical standards adopted by the Board.

(5a)     The applicant submits to a complete criminal history record check pursuant to G.S. 90-113.46A.

(6)       The applicant has completed 270 hours of Board-approved education. The Board may prescribe that a certain number of hours be in a course of study for substance abuse counseling and that a certain number of hours be in a course of study for substance abuse prevention consulting. Independent study hours shall not compose more than fifty percent (50%) of the total number of hours required for initial credentialing.

(7)       The applicant has documented completion of a minimum of 300 hours of Supervised Practical Training, has provided a Board-approved supervision contract between the applicant and an applicant supervisor, and has been deemed recommended by the applicant supervisor to advance in the credentialing process.

(8)       The applicant for substance abuse counselor has completed a total of 6,000 hours of supervised experience in the field, whether paid or volunteer. The applicant for substance abuse prevention consultant has completed a total of 6,000 hours supervised experience in the field, whether paid or volunteer, or 4,000 hours if the applicant has at least a bachelors degree in a human services field from a regionally accredited college or university.

(9)       The applicant has obtained a passing score on a written examination. An applicant for certification as a substance abuse counselor must also obtain a passing score on an oral examination promulgated and administered by the Board.

(b)       The Board shall issue a certificate certifying an individual as a "Certified Clinical Supervisor" if, in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section,if the applicant:

(1)       Submits proof of designation by the Board as a clinical supervisor intern.

(2)       Prior to June 30, 1998, the applicant presents proof that the applicant has 12,000 hours experience in alcohol and drug abuse counseling and a bachelors degree or 8,000 hours experience in alcohol and drug abuse counseling and a minimum of a master's degree. After June 30, 1998, the applicant shall presentSubmits proof that the applicant has a minimum of a master's degree in a human services field with a clinical application from a regionally accredited college or university.

(3)       Has 6,000 hours experience as a substance abuse clinical supervisor if the applicant has a bachelors degree or 4,000 hours experience if the applicant has a master's degree in a human services field with a clinical application from a regionally accredited college or university.as a substance abuse clinical supervisor as documented by his or her certified clinical supervisor.

(4)       Has 30 hours of substance abuse clinical supervision specific education or training. These hours shall be reflective of the Twelve Core Functions in the applicant's clinical application and practice and may also be counted toward the applicant's renewal as a substance abuse counselor or a clinical addictions specialist.

(5)       Submits a letter of reference from a professional certified clinical supervisor who can attest to the applicant's supervisory competence and two letters of reference from either counselors who have been supervised by the applicant or professionals who can attest to the applicant's competence.

(6)       Obtains a passing score on a written examination administered by the Board.

A person who practices as a certified clinical supervisor in addition to practicing as a certified substance abuse counselor shall be exempt from the practice supervision contract requirement.

(b1)     The Board shall designate an applicant as a "Clinical Supervisor Intern" if, in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant meets the following qualifications:

(1)       Submits an application, resume, and official transcript showing that the applicant has obtained a master's degree in a human services field with a clinical application from a regionally accredited college or university.

(2)       Submits verification statements.

(3)       Submits proof of credentialing as a certified substance abuse counselor, a licensed clinical addictions specialist, or certification or licensure through an organization granted deemed status by the Board.specialist.

(4)       Submits documentation establishing that the applicant has completed at least fifty percent of the required clinical supervision specific training hours as defined by the Board.

(c)       The Board shall issue a license credentialing an applicant as a "Licensed Clinical Addictions Specialist" if, in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant meets one of the following criteria:

(1)       Criteria A. - The applicant:

a.         Has a minimum of a master's degree with a clinical application in a human services field from a regionally accredited college or university.

b.         Has two years postgraduate supervised substance abuse counseling experience.

c.         Submits three letters of reference from licensed clinical addictions specialists or certified substance abuse counselors who have obtained master's degrees.

d.         Has achieved a combined passing score set by the Board on a master's level written and oral examination administered by the Board.

e.         Has attained 180 hours of substance abuse specific training from either a regionally accredited college or university, which may include unlimited independent study, or from training events of which no more than fifty percent (50%) shall be in independent study. All hours shall be credited according to the standards set forth in G.S. 90-113.41A.

f.          The applicant has documented completion of a minimum of 300 hours of supervised practical training and has provided a Board-approved supervision contract between the applicant and an applicant supervisor.

(2)       Criteria B. - The applicant:

a.         Has a minimum of a master's degree with a clinical application in a human services field from a regionally accredited college or university.

b.         Has been certified as a substance abuse counselor.

c.         Has one year of postgraduate supervised substance abuse counseling experience.

d.         Has achieved a passing score on a master's level written examination administered by the Board.

e.         Submits three letters of reference from either licensed clinical addictions specialists or certified substance abuse counselors who have obtained master's degrees.

(3)       Criteria C. - The applicant:

a.         Has a minimum of a master's degree in a human services field with both a clinical application and a substance abuse specialty from a regionally accredited college or university that includes 180 hours of substance abuse specific education and training pursuant to G.S. 90-113.41A.

b.         Has one year of postgraduate supervised substance abuse counseling experience.

c.         Has achieved a passing score on an orala master's level written examination administered by the Board.

d.         Submits three letters of reference from licensed clinical addictions specialists or certified substance abuse counselors who have obtained master's degrees.

(4)       Criteria D. - The applicant has a substance abuse certification from a professional discipline that has been granted deemed status by the Board.

(d)       The Board shall issue a certificate certifying an applicant as a "Substance Abuse Residential Facility Director" if the applicant:

(1)       Has been credentialed as a substance abuse counselor or a clinical addictions specialist.

(2)       Has 50 hours of Board approved academic or didactic management specific training or a combination thereof. Independent study may compose up to fifty percent (50%) of the total number of hours required for initial credentialing.

(3)       Submits letters of reference from the applicant's current supervisor and a colleague or coworker.

(d1)     The Board shall issue a certificate certifying an applicant as a "Certified Criminal Justice Addictions Professional", with the acronym "CCJP", if in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant:

(1)       Has attained 270 hours of Board-approved education or training, unless the applicant has attained a minimum of a masters degree with a clinical application and a substance abuse specialty from a regionally accredited college or university whereby the applicant must only obtain 180 hours. The hours of education shall be specifically related to the knowledge and skills necessary to perform the tasks within the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Incorporated, "IC&RC/AODA, Inc.," criminal justice addictions professional performance domains as they relate to both adults and juveniles. Independent study may compose up to fifty percent (50%) of the total number of hours obtained for initial certification or renewal.

(2)       Has documented 300 hours of Board-approved supervised practical training. This supervision shall mean the administrative, clinical, and evaluative process of monitoring, assessing, and enhancing professional performance. A minimum of 10 hours of supervision in each criminal justice domain established by the IC&RC/AODA, Inc., is required.

(3)       Has provided documentation of supervised work experience providing direct service to clients or offenders involved in one of the three branches of the criminal justice system, which include law enforcement, the judiciary, and corrections. The applicant must meet one of the following criteria:

a.         Criteria A. - In addition to having a high school degree or GED, the applicant has a minimum of 6,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services that have been obtained during the past 10 years.

b.         Criteria B. - In addition to having an associate degree, the applicant has a minimum of 5,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services obtained during the past 10 years.

c.         Criteria C. - In addition to having at least a bachelors degree, the applicant has a minimum of 4,000 hours of documented work experience in direct services in criminal justice or addictions services, or any combination of these services, and this experience has been obtained during the past 10 years.

d.         Criteria D. - In addition to having at least a masters degree in a human services field, the applicant has a minimum of 2,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services that has been obtained during the past 10 years.

e.         Criteria E. - In addition to having at least a masters degree in a human services field with a specialty from a regionally accredited college or university that includes 180 hours of substance abuse specific education or training, the applicant has a minimum of 2,000 hours of postgraduate supervised substance abuse counseling experience.

f.          Criteria F. - In addition to having obtained the credential of a certified clinical addictions specialist or other advanced credential in a human services field from an organization that has obtained deemed status with the Board, the applicant has a minimum of 1,000 hours of documented work experience in direct services in criminal justice or addictions services that has been obtained during the past 10 years.

(4)       Has passed the IC&RC/AODA, Inc., certified criminal justice addictions professional written examination.

(e)       The Board shall publish from time to time information in order to provide specifics for potential applicants of an acceptable educational curriculum and the terms of acceptable supervised fieldwork experience.

(f)        Effective January 1, 2003, only a person who is certified as a certified clinical supervisor or a clinical supervisor intern shall be qualified to supervise applicants for certified clinical supervisor and certified substance abuse counselor and applicants for licensed clinical addictions specialist who meet the qualifications of their credential other than through deemed status as provided in G.S. 90-113.40(c)(4)."

SECTION 5.  G.S. 90-113.42(d) reads as rewritten:

"(d)      Only individuals registered, certified, or licensed under this Article may use the title "Certified Substance Abuse Counselor", "Certified Substance Abuse Prevention Consultant", "Certified Clinical Supervisor", "Licensed Clinical Addictions Specialist", "Certified Substance Abuse Residential Facility Director", "Certified Criminal Justice Addictions Professional", "Substance Abuse Counselor Intern", "Provisional Licensed Clinical Addictions Specialist Intern", Specialist", "Clinical Supervisor Intern", or "Registrant"."

SECTION 6.  G.S. 90-113.43 reads as rewritten:

" 90-113.43.  Illegal practice; misdemeanor penalty.

(a)       Except as otherwise authorized in this Article, no person shall:

(1)       Offer substance abuse professional services, practice, attempt to practice, or supervise while holding himself or herself out to be a certified substance abuse counselor, certified substance abuse prevention consultant, certified clinical supervisor, certified or licensed clinical addictions specialist, clinical addictions specialist intern,provisional licensed clinical addictions specialist, certified substance abuse residential facility director, certified criminal justice addictions professional, clinical supervisor intern, substance abuse prevention consultant,substance abuse counselor intern, or registrant without first having obtained a certificate notification of registration, certification, or licensure from the Board.

(2)       Use in connection with any name any letters, words, numerical codes, or insignia indicating or implying that this person is a registrant, certified substance abuse counselor, certified substance abuse prevention consultant, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, substance abuse counselor intern, certified criminal justice addictions professional, or clinical addictions specialist internprovisional licensed clinical addictions specialist unless this person is registered, certified, or licensed pursuant to this Article.

(3)       Practice or attempt to practice as a certified substance abuse counselor, certified substance abuse prevention consultant, certified clinical supervisor, licensed clinical addictions specialist, certified criminal justice addictions professional, substance abuse counselor intern, provisional licensed clinical addictions specialist, clinical supervisor intern, or certified substance abuse residential facility director or registrant with a revoked, lapsed, or suspended certification or license.

(4)       Aid, abet, or assist any person to practice as a certified substance abuse counselor, certified substance abuse prevention consultant, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, registrant, substance abuse counselor intern, provisional licensed clinical addictions specialist, or clinical supervisor intern in violation of this Article.

(5)       Knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a registrant, certified substance abuse counselor, certified substance abuse prevention consultant, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, substance abuse counselor intern, provisional licensed clinical addictions specialist intern,specialist, or clinical supervisor intern unless that person is registered, certified, or licensed under this Article.

(6)       Repealed by S.L. 1997-492, s. 13.

(7)       Practice, supervise, or attempt to practice or supervise or knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a designated substance abuse intern without being designated as such by the Board.

(b)       A person who engages in any of the illegal practices enumerated by this section is guilty of a Class 1 misdemeanor. Each act of unlawful practice constitutes a distinct and separate offense."

SECTION 7.  G.S. 122C-142.1(b1)(2) reads as rewritten:

"(b1)    Persons Authorized to Conduct Assessments. - The following individuals are authorized to conduct a substance abuse assessment under subsection (b) of this section:

(2)       A Certified Licensed Clinical Addiction Specialist (CCAS), (LCAS), as defined by the Commission."

SECTION 8.  G.S. 122C-142.1(d1) reads as rewritten:

"(d1)    Persons Authorized to Provide Instruction. - Beginning January 1, 2009, individuals who provide ADET school instruction as a Department-authorized ADETS instructor must have at least one of the following qualifications:

(1)       A Certified Substance Abuse Counselor (CSAC), as defined by the Commission.

(2)       A Certified Licensed Clinical Addiction Addictions Specialist (CCAS), (LCAS), as defined by the Commission.

(3)       A Certified Substance Abuse Prevention Consultant (CSAPC), as defined by the Commission."

SECTION 9.  Notwithstanding G.S. 90-113.32(e), members currently serving on the North Carolina Substance Abuse Professional Practice Board who began serving a second consecutive four-year term as of September 1, 2005, may continue to serve on the Board for an additional four-year term.

SECTION 10.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 9th day of July, 2008.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 6:05 p.m. this 28th day of July, 2008