Commerce, Occupational and Professional Licensing

Rule R156-60d

Substance Abuse Counselor Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 33783
Filed: 06/24/2010 12:20:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2010 Legislative Session, S.B. 90 was passed which amended the Substance Abuse Counselor Act, Title 58, Chapter 60, Part 5. This filing updates the rule to make it consistent with changes made in the governing statute. In addition, the Division and Substance Abuse Counselor Licensing Board reviewed the rule and determined changes need to be made to the rule. The filing also makes minor corrections. (DAR NOTE: S.B. 90 (2010) is found at Chapter 214, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

Throughout the rule, where appropriate, the term "Division" and "Board" have been capitalized. S.B. 90 made changes to the qualifications to be a supervisor of a certified substance abuse counselor. In Section R156-60d-302b, amendments to this section make the rule consistent with the new statute. In Section R156-60d-302c, the current rule allows for a passing score on the International Certification Examination for Alcohol and Drug Counselors of the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc. (ICRC/AODA, Inc.) to satisfy the examination requirement, but only until 01/01/2010. The Division and Board feel that a passing score on this examination should always meet the examination requirement, not just until 01/01/2010. Although the ICRC/AODA, Inc. examination is no longer administered in Utah, it is administered in several other states. Substance abuse counselors practicing in other states may find it difficult to become licensed in Utah if they only took and passed the ICRC/AODA, Inc. examination. The ICRC/AODA, Inc. examination is substantially equivalent in content to the National Association of Alcohol and Drug Abuse Counselors (NAADAC) examination. In Section R156-60d-304, the proposed amendments clarify the difference between deadlines for completion of continuing education for licensed substance abuse counselors and certified substance abuse counselors. The term "period" is replaced with the term "renewal cycle". The term "qualified continuing professional education" is replaced with "continuing education" and other minor technical changes are made. In Section R156-60d-307, the proposed amendment adds passing of the NAADAC examination as a possible requirement for reinstatement of a license for someone whose license has been expired for over two years. In Section R156-60d-502, the proposed amendments update the date of the "Ethical Standards of Alcoholism and Drug Abuse Counselors", and new definitions of unprofessional conduct are added to address situations where a substance abuse counselor is also an owner of an agency and has administrative control over someone who is expected to supervise the substance abuse counselor.

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:

• Updates: Ethical Standards of Alcoholism and Drug Abuse Counselors, 08/18/2008

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 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.

local governments:

The proposed amendments only apply to practicing substance abuse 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 practicing substance abuse counselors and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

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

The proposed amendments only apply to practicing substance abuse counselors and applicants for licensure in those classifications. If an applicant coming from out of state has already passed the ICRC/AODA, Inc. exam but not the NAADAC examination, the proposed amendments will save them time and money, approximately $200, because the applicant will not be required to take the NAADAC examination. There is no cost to obtain the updated NAADAC ethical standards as they can be found on the NAADAC website. The Division is not able to determine how many out of state applicants the proposed amendment will apply to in order to determine an aggregate savings amount.

Compliance costs for affected persons:

The proposed amendments only apply to practicing substance abuse counselors and applicants for licensure in those classifications. If an applicant coming from out of state has already passed the ICRC/AODA, Inc. exam but not the NAADAC examination, the proposed amendments will save them time and money, approximately $200, because the applicant will not be required to take the NAADAC examination. There is no cost to obtain the updated NAADAC ethical standards as they can be found on the NAADAC website.

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

This rule filing conforms the rule to recent statutory amendments relating to the supervision of substance abuse counselors, continues to offer a choice of examinations for applicants, updates references and makes other technical corrections. No fiscal impact to businesses is anticipated beyond those addressed in the statute. License applicants may benefit from having an option in the type of examinations the Division accepts for the examination requirement.

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
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:

08/16/2010

Interested persons may attend a public hearing regarding this rule:

• 07/21/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

08/23/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60d. Substance Abuse Counselor Act Rule.

R156-60d-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 60, Part 5.

 

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;[or]

(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.

 

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-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 substance abuse counselor[s and] or certified substance abuse counselor[s] license[s] 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]. A licensed substance abuse counselor shall complete the requirement during each two year license renewal cycle and a certified substance abuse 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 [professional]continuing education for a[n individual] licensed substance abuse counselor who first becomes licensed during the two year [period]renewal cycle shall be decreased in a pro rata amount equal to any part of that two year [period]renewal cycle 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]continuing education program and records of that registration completion available for review.

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

(a) unlimited hours shall be recognized for [professional]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 [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]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 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 R156-1-308g, an applicant for reinstatement of a license after two years following expiration of that license shall demonstrate competency by:

(1) meeting with the [b]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. or the NAADAC National Certification Exam Levels I, II, or MAC if it is determined by the [b]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]continuing education in subjects determined by the [b]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 :

(1) [any] violation of any provision of the "Ethical Standards of Alcoholism and Drug Abuse Counselors" established by the NAADAC, [December 8, 2004]August 18, 2008 edition, which is hereby incorporated by reference ;

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

(3) if licensed as a licensed substance abuse counselor, accepting the duties as a supervisor of a certified substance abuse counselor or a certified substance abuse counselor intern who has any supervisory control over the licensed substance abuse counselor; and

(4) 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.

 

KEY: licensing, substance abuse counselors

Date of Enactment or Last Substantive Amendment: [ August 24, 2009 ] 2010

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)