ARTICLE 11 SUBSTITUTE A

RELATING TO HEALTH PROFESSIONS -- LICENSED CHEMICAL DEPENDENCY PROFESSIONALS

SECTION 1. Sections 5-69-2, 5-69-3, 5-69-4, 5-69-5, 5-69-6, 5-69-7, 5-69-8, 5-69-9, 5-69-10, and 5-69-11 of the General Laws in Chapter 5-69 entitled “Rhode Island Chemical Dependency Professionals Act” are hereby amended to read as follows:

5-69-2. Definitions. – As used in this chapter:

(1) “ACDP” means an advanced chemical dependency professional certification as per the Rhode Island Board for certification of chemical dependency professionals requirements.

(2) “ACDP II” means an advanced chemical dependency professional II certification as per the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse. “ICRC/AODA”.

(2)(3)“Advertise” includes, but is not limited to, the issuing or causing to be distributed and card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio, television, or by the use of any other means designed to secure public attention.

(3)(4)“Approved continuing education” means research and training programs, colleges and university courses, in-service training programs, seminars and conferences designed to maintain and enhance the skills of substance abuse counselors or clinical supervisors and which are recognized by the Certification Board. ICRC/AODA member board.

(4)(5)“CDCS” means Chemical Dependency Clinical Supervisor.

(5) “Certification Board” means the current Rhode Island Board of certification of chemical dependency professionals.

(6) “Clergy” includes any minister, priest, rabbi, Christian Science practitioner, or any other similar religious counselor.

(7) “Continuum of care network” means public and private substance abuse care agencies such as detoxification centers, emergency rooms, hospitals, treatment centers, TASC, outpatient and day treatment clinics, and community residences for substance abusers. This service employs or refers to medical, psychological, health, and counseling professions that treat substance and related concerns.

(8) “Department” means the Rhode Island department of mental health, retardation, and hospitals health.

(9) “Director” means the director of the Rhode Island department of mental health, retardation and hospitals health.

(10) “Documented professional work experience” means a certification the ICRC/AODA member board approved form completed by employer or approved supervisor verifying dates of employment and responsibilities.

(11) “Experience” means six thousand (6,000) hours of supervised practice of chemical dependency counseling in a division of substance abuse services or department of mental health, retardation, and hospitals licensed or certification ICRC/AODA member board approved facility during a sixty (60) month period of time immediately preceding the date of application for licensure.

(12) “ICRC/AODA” means International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse.

(12)(13) “Licensed Chemical Dependency Clinical Supervisor” means an individual licensed by the licensing board department of health to practice and supervise substance abuse counseling and who meets the qualification established in this section.

(13)(14) “Licensed chemical dependency professional” means an individual licensed by the department of health licensing board to practice substance abuse counseling and who meets the qualifications established in this section

(14)(15) “Licensing Board” or “Board” means the board of licensing for chemical dependency professionals.

(16) “Member Board” means the Rhode Island Board for Certification of Chemical Dependency Professionals.

(15)(17) “Practice of substance abuse counseling” means rendering or offering to render professional service for any fee, monetary or otherwise, documented to individuals, families or groups. Those professional services include the application of the ICRC/AODA specific knowledge, skills, counseling theory, and application of techniques to define goals and develop a treatment plan of action aimed toward the prevention, education, or treatment in the recovery process of substance abuse within the continuum of care service network. The practice further includes, but is not limited to, networking and making referrals to medical, social services, psychological, psychiatric, and/or legal resources when indicated.

(16)(18) “Recognized Education Institution” means any educational institution, which grants an associate, bachelors, masters, or doctoral degree and which is recognized by the board, or by a nationally or regionally recognized educational or professional accrediting organization.

(17)(19) “Substance abuse” means addictive (chronic and habitual) consumption, injection, inhalation, or psychological, physical, social, economical, and/or spiritual functioning.

(18)(20) “Supervision” means no less than one hour per week and consists of individual or group supervision with a clinician licensed or certified in substance abuse counseling with education, supervisory experience and ethics approved by the Board ICRC/AODA member.

5-69-3. Title and practice regulation.-- (a) Any individual licensed under this chapter may use the title “licensed chemical dependency professional” and the abbreviation “LCDP” or the title “licensed chemical dependency clinical supervisor” and the abbreviation “LCDCS” provided that the title and abbreviation shall correspond to the license held pursuant to this chapter.

(b) No Individual shall represent herself or himself as a “licensed chemical dependency professional”, “LCDP” “licensed chemical dependency clinical supervisor”, “LCDCS” unless she or he is licensed as a “licensed chemical dependency professional” or “licensed chemical dependency clinical supervisor” pursuant to this chapter and provided that the title and abbreviation shall correspond to the licensed help pursuant to this chapter.

(c) Those currently hold in presently holding the title “advanced chemical dependency professional”, advanced chemical dependency professional II and/or “licensed chemical dependency clinical supervisor” shall qualify for licensure as a “licensed chemical dependency professional” and/or “licensed chemical dependency clinical supervisor”. These applications must be received within ninety (90) days of the effective date of this chapter. The regular licensing fee of fifty dollars ($50.00) shall apply.

5-69-4. Licensed chemical dependency professional/licensed chemical dependency supervisor privilege exemptions. – (a) No license under this chapter or an employee of a licensee may disclose any information acquired from clients or persons consulting with the licensee to render professional services except under provisions of the federal regulation 42 CFR part 2.

(b) The provisions of this chapter do not apply to the following individuals:

(1) Qualified members of other professions or occupations engaging in practices similar in nature to chemical dependency counseling; provided, that they are authorized by the laws of this state to engage in these practices, do not represent themselves as “licensed chemical dependency professionals” or “licensed chemical dependency clinical supervisor”;

(2) Students/counselors engaged in entry level internships in a department of mental health, retardation and hospitals licensed or an ICRC/AODA member certification board approved facility; provided that the student/counselor are practicing as part of supervised work or course of study and designated by the titles as “counselor intern,” “counselor,” or “chemical dependency professional student” or others clearly indicating training status;

(3) Nothing in this section shall be construed to prevent members of the clergy, peer group, or self-help groups from performing peer counseling or self-help activities which may be, wholly or in part, included as a defined professional service as cited in 5-69-2; provided, that no members of peer group or self-help groups may use a title stating or implying that they are a licensed chemical dependency professional or a licensed chemical dependency clinical supervisor unless licensed under the provisions of this chapter

5-69-5. Agency Powers. - The department shall promulgate rules and regulations that are reasonably necessary for the administration of this chapter and to further its purpose. The department shall, on recommendation of the licensing board of chemical dependency professionals, issue licenses to those qualified under this chapter. The director of the department of health may issue additional levels of licensing that may be developed, approved, or adopted by both the licensing board and the ICRC/AODA member board.

5-69-6. Licensing board. – (a) Within the department there shall be established a board of licensing for chemical dependency professionals. The governor shall appoint a licensing board consisting of nine (9) seven (7) members.

(b) Of the nine (9) seven (7) licensing board members, six three shall be licensed under this chapter, except that the members constituting the first licensing board shall be persons eligible for licensing;

(2) Licensing board members shall be:

(i) Three (3) members selected from and representing the general public. At least one member shall be a consumer of substance abuse counseling services, and one shall be from a minority group as defined by the federal Department of Health, Education, and Welfare. Two (2) members appointed by the governor shall be representatives of groups that reflect demographics of person(s) served;

(ii) Four (4) Three (3) members shall represent the licensed professionals appointed by the director of health:. two (2) shall be licensed chemical dependency professionals and two (2) members shall be licensed chemical dependency clinical supervisors.

(iii) One licensed member shall be a voting member of an active member or administrator of the Rhode Island Association of Alcohol and Drug Abuse Counselors. board for certification of chemical dependency professionals appointed by the director of health;

(iv) One licensed member shall be an active member of the Drug and Alcohol Treatment Association of Rhode Island One member shall be a consumer advocate from an established substance abuse recovery consumer advocacy group appointed by the director of health.

(3) Licensing board members shall serve without compensation.

(4) Each licensing board member shall take and subscribe to the oath of affirmation prescribed by law and shall file this oath in the office of the secretary of state.

(5) The term of office shall be three (3) years, except that of the members of the first licensing board. Three (3) shall be appointed for a term of one year, three (3) for a term of two (2) years, three (3) for a term of three (3) years. At least one member representing the general public, and one member representing a minority group, as defined by the federal Department of Health, Education, and Welfare, shall be appointed for the initial term of three (3) full years. Successors to these licensing board positions shall be appointed for a term of three (3) years each, except that any person appointed to fill a vacancy shall be for the unexpired term of office. Upon expiration of the term of office, a member shall continue to serve until a successor is appointed and qualified. No person shall be appointed for more than two (2) consecutive three (3) year terms.

   (6) The governor may remove any member of the licensing board for neglect of duty, malfeasance, conviction of a felony or a crime of moral turpitude while in office or for lack of attendance/participation in board meetings. No licensing board member shall participate in any matter before the licensing board in which pecuniary interest, personal bias, or other similar conflicts of interests is established.

5-69-7. Powers and duties of the licensing board.— (a) The organization, meeting, and management of the licensing board shall be established by regulations promulgated by the department of mental health, retardation and hospitals health.

(b) In addition to duties set forth in this chapter, the licensing board shall:

(1) Examine and pass on the qualifications of all applicants identified by the ICRC/AODA member board that all standards have been successfully completed for licensure under this chapter, and recommend to the director that a license shall be issues to each qualified successful applicant, attesting to the applicant’s professional qualification to practice as a “licensed chemical dependency professional” or a “licensed chemical dependency clinical supervisor”;

(2) Recommend that the director of adopt rules and regulations that set ICRC/AODA professional practice standards for licensed chemical dependency professionals and licensed chemical dependency clinical supervisors;

(3) Recommend modifications or amendments deemed necessary to effectuate its purpose;

(4) Be responsible for making recommendations to the director concerning all disciplinary functions carried out regarding all license under this chapter;

(5) Have any other powers required to carry out the provision of this chapter.

5-69-8. Licenses. - (a) The Department shall issue the appropriate license to applicants who meet the qualifications of the license as specified:

(1)“Licensed chemical dependency professional”. Any individual desiring to obtain a license as a licensed chemical dependency professional shall be currently certified as an advanced chemical dependency professional or advanced chemical dependency professional II in accord with the Rhode Island certification board for chemical dependency professionals specified requirements ICRC/AODA member board standards, as a prerequisite for submitting the application to the licensing board.

(2)“Licensed chemical dependency clinical supervisor”. Any individual desiring to obtain a license as a licensed chemical dependency clinical supervisor shall be currently certified as an advanced chemical dependency professional or advanced chemical dependency professional II, shall have completed the current Rhode Island certification board requirements ICRC/AODA member board standards for chemical dependency clinical supervisor, and shall submit an application to the licensing board.

(3) Other. An applicant having a comparable license, certification, or reciprocity within Rhode Island or from another state or territory of the United States that imposes qualifications substantially similar to those of this chapter, as determined by the licensing board.

(b) In addition to the qualifications listed in this section, an applicant for any of these titles must prove to the licensing board’s satisfaction:

(1) Good moral character that is a continuing requirement for licensure;

(2) United States citizenship or status as a legal resident alien;

(3) Absence of a sanction from the National Association of Alcohol and Drug Abuse Counselors, or Rhode Island board for certification of chemical dependency professionals ICRC/AODA member board sanction for violation of the code of ethics, or other related state board which will be waived by the board upon presentation of satisfactory evidence that the sanction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his or her sanction does not impair his or her ability to conduct with safety to the public the practice authorized by this license;

(4) Absence of conviction of a felony, which shall be waived by the board upon presentation of satisfactory evidence that the conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his or her conviction does not impair his or her ability to conduct with safety to the public the practice authorized by this license;

(5) That the applicant has not been declared mentally incompetent by any court, and if decree has ever been rendered, that there has been a subsequent court determination that the applicant is competent; and

(6) Freedom from use of any controlled substance or any alcoholic beverage to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that he or she is free from use of any controlled substance or any alcoholic beverages that impair his or her ability to conduct with safety to the public the practice authorized by this license.

5-69-9. Fees and renewal. -- The non-refundable application fee for licensure shall be fifty dollars ($50.00). Licenses shall be renewed every two (2) years on October first of even numbered years upon payment of a fee of fifty ($50.00) dollars, and compliance with ICRC/AODA member board requirements, and compliance with any additional requirements that the licensing board may promulgate. The requirements may include the establishment of standards for continuing education.

5-69-11. Complaints. --All complaints concerning a licensee’s business or professional practice shall be received by the department of mental health, retardation and hospitals health. Each complaint received shall be logged, recording at a minimum the following information:

(1) Licensee’s name;

(2) Name of the complaining party;

(3) Date of complaint;

(4) Brief statement of complaint; and

(5) Disposition.

5-69-13. Disciplinary sanctions.—(a) The Licensing board may recommend that the director impose any of the following sanctions, singly or in combination, when it finds that a licensee is guilty of any offenses described in this section:

(1) Revocation of the license;

(2) Suspension of the license for any period of time;

(3) Censure of the licensee;

(4) Issue a letter of reprimand;

(5) Place a licensee on probation status and require the licensee to submit to any of the following:

(i) Report regularly to the licensing board upon matters that are he basis of probation;

(ii) Continue to renew professional education until a satisfactory degree of skill has been attached in those areas that are the basis of probation;

(iii) Attend employee assistance counseling services.

(6) Refuse to renew a license;

(7) Revoke probation which was granted and impose any other discipline provided in this section when the requirements of probation are not fulfilled or have been violated.

(b) The director may reinstate any licensee to good standing under this chapter, if after a hearing the department of mental health, retardation and hospitals health is satisfied that the applicant’s renewed practice is in the public interest.

(c) Upon the suspension or revocation of a license issued under this chapter, a licensee shall be required to surrender the license to the director and upon failure to do so, the director shall have the right to seize the license.

(d) The director may make available annually a list of names and addresses of all licensees under the provisions of this chapter, and of all persons who have been disciplined within the preceding twelve (12) months.

(e) Any persons convicted of violating the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars($500), imprisonment for not more than one year, or both.

SECTION 2. This article shall take effect as of July 1, 2008.