2016 -- H 7130

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LC003480

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LICENSE PROCEDURE CHEMICAL

DEPENDENCY PROFESSIONALS

     

     Introduced By: Representatives Regunberg, Bennett, McEntee, Shekarchi, and

     Date Introduced: January 13, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-69-2 of the General Laws in Chapter 5-69 entitled "License

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Procedure for Chemical Dependency Professionals" is hereby amended to read as follows:

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

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      (1) "ACDP" means an advanced chemical dependency professional certification as per

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the Rhode Island board for certification of chemical dependency professionals requirements.

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      (2) "ACDP II" means an advanced chemical dependency professional II certification as

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per the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse.

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"ICRC/AODA".

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     (3) "Acudetox Specialist (ADS)" means an individual licensed as a chemical dependency

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professional or clinical supervisor who holds a certificate of training that meets or exceeds the

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NADA training from a recognized agency.

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     (3)(4) "Advertise" includes, but is not limited to, the issuing or causing to be distributed

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any card, sign, or device to any person; or the causing, permitting, or allowing any sign or

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marking on or in any building or structure, or in any newspaper or magazine or in any directory,

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or on radio or television, or by the use of any other means designed to secure public attention.

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      (4)(5) "Approved continuing education" means research and training programs, college

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and university courses, in-service training programs, seminars and conferences designed to

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maintain and enhance the skills of substance abuse counselors or clinical supervisors and which

 

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are recognized by the ICRC/AODA member board.

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      (6) "Auricular acudetox" means the subcutaneous insertion of sterile, disposable

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acupuncture needles in consistent, predetermined bilateral locations on the ear in accordance with

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the NADA protocol.

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     (5)(7) "CDCS" means chemical dependency clinical supervisor.

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     (6)(8) "Clergy" includes any minister, priest, rabbi, Christian Science practitioner, or any

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other similar religious counselor.

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      (7)(9) "Continuum of care network" means public and private substance abuse care

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agencies such as detoxification centers, emergency rooms, hospitals, treatment centers, outpatient

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and day treatment clinics, and community residences for substance abusers. The services employs

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or refers to medical, psychological, health, and counseling professions that treat substance abuse

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and related concerns.

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      (8)(10) "Department" means the Rhode Island department of health.

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      (9)(11) "Director" means the director of the Rhode Island department of health.

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      (10)(12) "Documented professional work experience" means the ICRC/AODA member

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board approved form completed by employer or approved supervisor verifying dates of

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employment and responsibilities.

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      (11)(13) "Experience" means six thousand (6,000) hours of supervised practice of

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chemical dependency counseling in a department of mental health, retardation, and hospitals

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licensed or ICRC/AODA member board approved facility during a sixty (60) month period of

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time immediately preceding the date of application for licensure.

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     (14) "General supervision" means available by telephone, cellphone or electronic means

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during business hours.

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      (12)(15) "ICRC/AODA" means International Certification and Reciprocity

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Consortium/Alcohol and Other Drug Abuse.

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      (13)(16) "Licensed chemical dependency clinical supervisor" means an individual

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licensed by the department of health to practice and supervise substance abuse counseling and

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who meets the qualification established in this section.

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      (14)(17) "Licensed chemical dependency professional" means an individual licensed by

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the department of health to practice substance abuse counseling and who meets the qualifications

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established in this section.

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      (15)(18) "Licensing board" or "board" means the board of licensing for chemical

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dependency professionals.

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     (16)(19) "Member Board" means the Rhode Island Board for Certification of Chemical

 

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Dependency Professionals.

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     (20) "National Acupuncture Detoxification Association" ("NADA") means a not-for-

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profit organization that provides a certificate of acudetox training.

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      (17)(21) "Practice of substance abuse counseling" means rendering or offering to render

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professional service for any fee, monetary or otherwise, documented to individuals, families or

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groups. Those professional services include the application of the ICRC/AODA specific

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knowledge, skills, counseling theory, and application of techniques to define goals and develop a

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treatment plan of action aimed toward the prevention, education, or treatment in the recovery

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process of substance abuse within the continuum of care service network. The practice further

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includes, but is not limited to, networking and making referrals to medical, social services,

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psychological, psychiatric, and/or legal resources when indicated.

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      (18)(22) "Recognized education institution" means any educational institution, which

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grants an associate, bachelor, masters, or doctoral degree and which is recognized by the board,

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or by a nationally or regionally recognized educational or professional accrediting organization.

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      (19)(23) "Substance abuse" means addictive (chronic or habitual) consumption,

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injection, inhalation, or behavior of/with substance (such as alcohol and drugs), progressively

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injuring and afflicting the user's psychological, physical, social, economical, and/or spiritual

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functioning.

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      (20)(24) "Supervision" means no less than one hour per week and consists of individual

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or group supervision with a clinician licensed or certified in substance abuse counseling with

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education, supervisory experience, and ethics approved by the ICRC/AODA member.

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     SECTION 2. Chapter 5-69 of the General Laws entitled "License Procedure for Chemical

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Dependency Professionals" is hereby amended by adding thereto the following section:

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     5-69-3.1. Auricular acudetox practice regulation. – (a) Any individual licensed under

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this chapter and trained to perform auricular acudetox may perform said procedure within that

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individual's current scope of practice; provided that the individual obtains a certificate of training

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from a recognized organization or agency that meets or exceeds NADA training and is under the

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general supervision of a licensed acupuncturist pursuant to chapter 37.2 of this title.

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     (b) Acudetox may be performed by acudetox specialists working in or in collaboration

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with behavioral health and healthcare agencies, or other state approved programs or agencies.

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     (c) Any individual performing auricular acudetox shall not use the title "acupuncturist",

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as defined in chapter 37.2 of this title or otherwise represent themselves as an acupuncture

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professional and shall not perform acupuncture outside of the scope of the auricular acudetox

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procedure as defined in §5-69-2.

 

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     (d) Any complaints filed against an ADS specialist relating to the performance of any

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auricular acudetox procedure shall be handled by the licensing board in conformance with the

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disciplinary procedure set forth in this chapter.

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     SECTION 3. This act shall take effect on January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LICENSE PROCEDURE CHEMICAL

DEPENDENCY PROFESSIONALS

***

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     This act would allow licensed chemical dependency professionals with the proper

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training to utilize a treatment known as auricular acudetox in their practice. This practice would

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involve the insertion of disposable needles in consistent, predetermined locations on the ear, in

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accordance with the protocol established by the National Acupuncture Detoxification

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Association.

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     This act would take effect on January 1, 2017.

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