DAR File No. 32754

Commerce, Occupational and Professional Licensing

R156-60d

Substance Abuse Counselor Act Rule

NOTICE OF PROPOSED RULE

DAR File No.: 32754
Filed: 06/25/2009, 10:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Substance Abuse Counselor Licensing Board are proposing amendments to add an additional licensure examination and to clarify a continuing education requirement.

Summary of the rule or change:

In Section R156-60d-302c, currently applicants for licensure as a certified substance abuse counselor or licensed substance abuse counselor are required to pass the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc. (ICRC/AODA) exam. There have been problems with this examination and the National Association of Alcohol and Drug Abuse Counselors (NAADAC) examination has been identified as a better option. The proposed amendments allow for applicants to take the ICRC/AODA exam up until 01/01/2010 at which time only the NAADAC exam will be accepted. The NAADAC exam will be acceptable beginning the effective date of the proposed amendments to this rule. In Section R156-60d-303, updated a rule reference. In Subsection R156-60d-304(5)(c), the amendment clarifies the continuing education requirement to include internet-based courses.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. By allowing the use of the NAADAC examination, applicants will have an additional option for a licensure examination. This may have an indirect savings impact for state agencies that employ substance abuse counselors, but the savings impact would be minimal.

local governments:

By allowing the use of the NAADAC examination, applicants for licensure will have more options of dates to take the examination. The proposed amendment may allow applicants to become licensed quicker, which may put them in a position to become employed earlier than they would under the current requirements. This may have a savings impact for local government agencies that employ substance abuse counselors, but the saving impact would be minimal.

small businesses and persons other than businesses:

The proposed amendments apply to substance abuse counselors and applicants for licensure in those classifications. By allowing the use of the NAADAC examination, applicants for licensure will have more options of dates to take the examination. The proposed amendment may allow applicants to become licensed quicker, which may put them in a position to become employed earlier than they would under the current requirements. This may have a savings impact for small businesses that employ substance abuse counselors, but the saving impact would be minimal. The proposed amendments of changing the exam provider and clarifying the continuing education requirement are not expected to have any aggregate impact because the amendments are minor and only impact applicants, licensees and their employers.

Compliance costs for affected persons:

The proposed amendments apply to substance abuse counselors and applicants for licensure in those classifications. By allowing the use of the NAADAC examination, applicants for licensure will have more options of dates to take the examination. The proposed amendment may allow applicants to become licensed quicker, which may put them in a position to become employed earlier than they would under the current requirements. Applicants becoming employed quicker will allow many to be paid higher wages on an earlier date than they would otherwise.

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

This rule filing alters the examination required for licensure and clarifies the continuing education provision to indicate that internet-based courses are acceptable. No fiscal impact to businesses is anticipated beyond those discussed in the rule. 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 roborn@utah.gov

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:

08/14/2009

Interested persons may attend a public hearing regarding this rule:

7/29/2009 at 11:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

08/21/2009

Authorized by:

Mark B. Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60d. Substance Abuse Counselor Act Rule.

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

In accordance with Subsection 58-60-506(1)(e), the examination required for licensure is one of the following:

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

(2) before January 1, 2010, 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.

 

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 R156-1-308c.

 

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 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 or internet-based courses 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.

 

KEY: licensing, substance abuse counselors

Date of Enactment or Last Substantive Amendment: [October 29, 2007]2009

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)