HB 192: "An Act regulating chemical dependency counselors; and providing for an effective date."
00HOUSE BILL NO. 192 01 "An Act regulating chemical dependency counselors; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08 is amended by adding a new chapter to read: 05 Chapter 19. Chemical Dependency Counselors. 06 Article 1. Board of Chemical Dependency Counseling Examiners. 07 Sec. 08.19.010. Creation and membership of board. (a) There is created 08 the Board of Chemical Dependency Counseling Examiners consisting of five members 09 appointed by the governor, four of whom are chemical dependency counselors licensed 10 under this chapter and one of whom is a public member. The governor shall consider 11 making appointments so that the membership of the board reflects the regional and 12 cultural diversity of the state and the different levels of licensure authorized under this 13 chapter. A member's term of office is four years. 14 (b) The board shall elect annually from among its members a presiding officer,
01 a vice-chair, and a secretary. 02 Sec. 08.19.020. Powers and duties of the board. In addition to the powers 03 and duties conferred on the board under AS 08.01, the board shall 04 (1) review the training, education, and work experience of individuals 05 who apply for licensure under this chapter and approve the issuance of licenses to 06 those who qualify for them; the board may require a passing grade on an objective 07 examination before issuing a license under this chapter; 08 (2) establish continuing education requirements for individuals who 09 seek to renew a license under this chapter and approve courses that satisfy those 10 requirements; 11 (3) review and approve trainers and training sites and programs that 12 provide practicums or internships for persons who intend to become licensed under this 13 chapter; 14 (4) semiannually to conduct its business; and 15 (5) adopt regulations under AS 44.62 (Administrative Procedure Act) 16 that are necessary to carry out the purposes of this chapter. 17 Article 2. Licensing. 18 Sec. 08.19.050. License required. (a) A person who is not licensed under 19 this chapter may not 20 (1) engage in chemical dependency counseling for compensation except 21 as provided in (c) of this section; 22 (2) advertise to the public or represent oneself as being able to engage 23 in chemical dependency counseling; or 24 (3) use in connection with the individual's name any letters, words, or 25 insignia indicating or implying that the individual is a chemical dependency counselor. 26 (b) A person who is licensed under this chapter may practice chemical 27 dependency counseling only within the scope of the person's license. 28 (c) The limitation in (a) of this section does not apply to the activities and 29 services of a 30 (1) rabbi, priest, minister, Christian Science practitioner, clergyman, or 31 other similar religious practitioner of a religious denomination, or a tribally recognized
01 traditional healer if the person is engaged in activities that are within the scope of the 02 performance of the person's regular or specialized duties and the person remains 03 accountable to the established authority of the religious denomination or the ruling 04 body of the tribal group and no separate charge is made for the services; 05 (2) person who, with or without charge, performs activities under the 06 auspices or sponsorship, individually or in conjunction with others, of an established 07 church or body of spiritual believers; 08 (3) person licensed in this state under laws outside this chapter when 09 the person is performing activities that are within the scope of the person's licensure; 10 (4) student intern or trainee in alcohol or drug counseling who is 11 pursuing a course of study in an accredited institution of higher education or in a 12 training course approved by the board as long as the activities are performed under the 13 supervision of a person licensed under this chapter and are an official part of the 14 course of study; 15 (5) person engaging in or offering voluntary group-based self-help 16 assistance, such as 12-step programs like Alcoholics Anonymous, Narcotics 17 Anonymous, and similar group meetings. 18 (d) Violation of this section is a class B misdemeanor. 19 Sec. 08.19.060. Qualifications for license. In order to qualify for a license 20 under this chapter, a person must 21 (1) submit to the board satisfactory evidence of education, training, 22 internship experience, and work experience as required by the board for the level of 23 licensure sought by the person; and 24 (2) pass an examination, if an examination is required by the board, for 25 the level of licensure sought. 26 Sec. 08.19.070. Counselor associate; qualifications; scope of practice. (a) 27 The board shall issue a counselor associate license to a person who applies for 28 counselor associate licensure, pays the required fee, passes the applicable examination, 29 if any, and documents to the board's satisfaction that the person has 30 (1) at least one year of successful full-time work experience related to 31 chemical dependency treatment, as determined by the board; or
01 (2) had at least 150 contact hours of training or 10 semester hours of 02 academic education, or a combination of contact training and academic education 03 considered equivalent by the board, with the content and from a source that meets the 04 requirements established by the board in its regulations. 05 (b) In establishing the training and education requirements for a counselor 06 associate license, the board shall set standards designed to ensure that the work 07 experience, training, and education have given the applicant competency in 08 communication skills, knowledge of addictive substances, knowledge of the legal 09 aspects of chemical dependency, familiarity with sociological and cultural issues 10 related to chemical dependency, knowledge of community-based services, competency 11 in information and referral techniques, the ability to conduct intake interviews and 12 keep records, knowledge of basic treatment issues, and the ability to perform 13 appropriate aftercare and emergency care. 14 (c) The scope of practice of a counselor associate is the performance, under 15 the direct supervision of a counselor I, counselor II, or clinical supervisor, of the 16 following in relation to chemical dependency: 17 (1) basic community-based prevention or intervention services; 18 (2) initial emergency care; 19 (3) initial intake interviews; 20 (4) providing information and referrals; 21 (5) participation in initial treatment planning; 22 (6) case management services; 23 (7) group and community-based informational aftercare. 24 Sec. 08.19.080. Counselor I; qualifications; scope of practice. (a) The 25 board shall issue a counselor I license to a person who applies for counselor I 26 licensure, pays the required fee, passes the applicable examination, if any, and 27 documents to the board's satisfaction that the person has 28 (1) completed 100 hours of a practicum supervised by a counselor II, 29 a clinical supervisor, or another licensed behavioral health professional, with 30 supervised work of at least 15 hours each in screening, assessment, referral, and record 31 keeping relating to chemical dependency treatment; and
01 (2) either 02 (A) two years of successful full-time work experience related 03 to chemical dependency treatment, as determined by the board; completion of 04 a bachelor's or higher degree in an area of behavioral health, as determined by 05 the board, may be substituted for one year of the required experience; the 06 practicum under (1) of this subsection may take place during the work 07 experience that satisfies the requirement of this subparagraph; or 08 (B) 270 contact hours of specialized training related to chemical 09 dependency or 18 semester hours of academic education related to chemical 10 dependency or counseling, or a combination of contact training and academic 11 education considered equivalent by the board, with the content and from a 12 source that meets the requirements established by the board in its regulations. 13 (b) In establishing the training and education requirements for a counselor I 14 license, the board shall set standards designed to ensure that the work experience, 15 practicum, training, and education have given the applicant knowledge about chemical 16 dependency, sociological and cultural issues, theories of counseling, medical and 17 psychological aspects of chemical dependency, HIV and AIDS counseling and 18 resources, ethical standards and laws relating to chemical dependency, contemporary 19 health issues, and family dynamics and competency in intake and assessment 20 procedures, record keeping, intervention services, individual and group counseling, 21 treatment planning, aftercare planning, relapse prevention, providing information and 22 referrals, case management, suicide risk assessment, and crisis counseling follow-up. 23 (c) The scope of practice of a counselor I is the performance, under the 24 supervision of a counselor II or a clinical supervisor either directly or by means of 25 regular documented clinical consultation, of 26 (1) an activity within the scope of practice of a counselor associate; and 27 (2) in relation to treatment of a chemically dependent person, a 28 complete psycho-social assessment, assessment for social detoxification, treatment 29 planning, individual therapy, or group therapy. 30 Sec. 08.19.090. Counselor II; qualifications; scope of practice. (a) The 31 board shall issue a counselor II license to a person who applies for counselor II
01 licensure and pays the required fee, passes the applicable examination, if any, and 02 documents to the board's satisfaction that the person has 03 (1) completed 300 hours of a practicum supervised by a clinical 04 supervisor or another licensed behavioral health professional, with supervised work of 05 at least 15 hours each in the following 11 areas: intake screening and orientation, 06 assessment, information and referral, treatment planning, counseling, intervention 07 counseling, case management, crisis intervention, client education, case recording and 08 reports, and clinical consultation relating to chemical dependency treatment; 09 (2) three years of successful full-time work experience as a chemical 10 dependency counselor with duties and responsibilities comparable to a licensed 11 counselor I, as determined by the board; completion of a bachelor's or higher degree 12 with 20 semester hours of courses in chemical dependency, as determined by the 13 board, may be substituted for one year of the required experience; the practicum under 14 (1) of this subsection may take place during the work experience that satisfies the 15 requirement of this paragraph; and 16 (3) 270 contact hours of specialized training related to chemical 17 dependency with the content and from a source that meets the requirements established 18 by the board in its regulations. 19 (b) In establishing the training and education requirements for a counselor II 20 license, the board shall set standards designed to ensure that the work experience, 21 practicum, training, and education have given the applicant knowledge and competency 22 in the areas specified in AS 08.19.080(b) and the following additional areas: mental 23 illnesses, chemical dependency prevention strategies, community development, and the 24 history in Alaska of chemical dependency, including its history from a cultural 25 perspective. 26 (c) The scope of practice of a counselor II is 27 (1) the direct supervision of a counselor associate or counselor I; 28 (2) consultation with another person licensed under this chapter or with 29 another licensed behavioral health professional; 30 (3) the performance, under the direct supervision of a clinical 31 supervisor or with regular documented clinical consultation with either another
01 counselor II or another licensed behavioral health professional, of an activity within 02 the scope of practice of a counselor I; and 03 (4) in relation to treatment of a chemically dependent person, 04 preparation of a recommendation as to whether commitment is necessary. 05 Sec. 08.19.100. Clinical supervisor; qualifications; scope of practice. (a) 06 The board shall issue a clinical supervisor license to a person who applies for clinical 07 supervisor licensure, pays the required fee, passes the applicable examination, if any, 08 provides three written references from professional colleagues who are familiar with 09 the applicant's work, at least one of whom has supervised the applicant's work as a 10 supervisor, and documents to the board's satisfaction that the person has 11 (1) completed two years of clinical supervisory experience in the field 12 of chemical dependency; 13 (2) had five years of successful full-time work experience as a chemical 14 dependency counselor with duties and responsibilities comparable to a licensed 15 counselor II, as determined by the board, and with the consultation of a counselor II, 16 clinical supervisor, or other licensed behavioral health professional; completion of a 17 master's or higher degree in a human services area with 20 semester hours of courses 18 in chemical dependency, as determined by the board, and at least 400 hours of a 19 supervised clinical practicum may be substituted for two years of the required 20 experience; the supervisory experience under (1) of this subsection may take place 21 during the work experience that satisfies the requirement of this paragraph; and 22 (3) had 30 contact hours of specialized training with the content and 23 from a source that meets the requirements established by the board in its regulations. 24 (b) In establishing the training and education requirements for a counselor II 25 license, the board shall set standards designed to ensure that the work experience, 26 practicum, training, and education have given the applicant knowledge and competency 27 in the areas specified in AS 08.19.090(b) and the following additional areas: clinical 28 supervision, child and adolescent counseling, community development, family systems, 29 and designing culturally sensitive services. 30 (c) The scope of practice of a clinical supervisor is 31 (1) the direct supervision of a counselor associate, counselor I, or
01 counselor II; 02 (2) the performance of an activity within the scope of practice of a 03 counselor II; and 04 (3) in relation to treatment of a chemically dependent person, use of 05 documented peer review or other documented consultation with another licensed 06 behavioral health professional. 07 Sec. 08.19.120. Reciprocity. If another jurisdiction allows licensure in that 08 jurisdiction of a chemical dependency counselor licensed in this state under conditions 09 similar to those in this section, the board may license as a chemical dependency 10 counselor in this state, at a level of licensing determined by the board to be equivalent, 11 a person licensed as a chemical dependency counselor in the other jurisdiction if the 12 person 13 (1) submits a written application to the board on a form required by the 14 board; 15 (2) is at least 18 years of age; 16 (3) has engaged in the practice of chemical dependency counseling for 17 at least one year or has met the internship requirements of this state within the 18 one-year period immediately before applying for a license under this section; 19 (4) presents proof satisfactory to the board that the person is currently 20 licensed as a chemical dependency counselor in the other jurisdiction and does not 21 currently have a chemical dependency counseling license suspended, revoked, or 22 otherwise restricted except for failure to apply for renewal or failure to obtain the 23 required continuing education credits; and 24 (5) pays all required fees. 25 Article 3. License Denial; Disciplinary Sanctions. 26 Sec. 08.19.200. Grounds. The board may deny a license under this chapter 27 or, after a hearing, impose a disciplinary sanction authorized under AS 08.01.075 on 28 a person licensed under this chapter when the board finds that the person 29 (1) secured or attempted to secure a license through deceit, fraud, or 30 intentional misrepresentation; 31 (2) engaged in deceit, fraud, or intentional misrepresentation in the
01 course of providing professional services or engaging in professional activities; 02 (3) advertised professional services in a false or misleading manner; 03 (4) has been convicted of a felony or has been convicted of another 04 crime that affects the applicant's or licensee's ability to practice competently and 05 safely; 06 (5) intentionally or negligently engaged in or permitted the performance 07 of counseling care by persons under the licensee's supervision that does not conform 08 to minimum professional standards regardless of whether actual injury to the patient 09 occurred; 10 (6) failed to comply with this chapter, with a regulation adopted under 11 this chapter, or with an order of the board; 12 (7) is incapable of engaging in the practice of chemical dependency 13 counseling with reasonable skill, competence, and safety for the public because of 14 (A) professional incompetence; 15 (B) failure to keep informed of or use current professional 16 theories or practices; 17 (C) addiction or severe dependency on alcohol or a drug that 18 impairs the licensee's ability to practice safely; 19 (D) physical or mental disability; or 20 (E) other factors determined by the board; 21 (8) violated state or federal laws or regulations pertaining to drugs or 22 alcohol; 23 (9) aided another person to engage in the practice of chemical 24 dependency counseling in violation of AS 08.19.050; or 25 (10) engaged in unprofessional conduct as defined in regulations of the 26 board. 27 Article 4. General Provisions. 28 Sec. 08.19.990. Definitions. In this chapter, 29 (1) "board" means the Board of Chemical Dependency Counseling 30 Examiners established under AS 08.19.010; 31 (2) "chemical dependency counseling" means the provision of
01 intervention, assessment, counseling, and aftercare for persons who are alcoholics or 02 drug abusers or who participate in inhalant abuse or for the members of their families 03 who are affected by the use or abuse of alcohol, drugs, or inhalants; in this paragraph, 04 "alcoholic or drug abuser" and "inhalant abuse" have the meanings given in 05 AS 47.37.270. 06 * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 07 (35) Board of Chemical Dependency Counseling Examiners 08 (AS 08.19.010). 09 * Sec. 3. AS 08.03.010(c) is amended by adding a new paragraph to read: 10 (21) Board of Chemical Dependency Counseling Examiners 11 (AS 08.19.010) -- June 30, 2001. 12 * Sec. 4. AS 44.62.330(a) is amended by adding a new paragraph to read: 13 (60) Board of Chemical Dependency Counseling Examiners. 14 * Sec. 5. TRANSITIONAL PROVISIONS FOR LICENSING. Notwithstanding AS 08.19, 15 enacted by sec. 1 of this Act, the board shall grant the appropriate level of license authorized 16 under AS 08.19 to a person who 17 (1) applies for the license by September 30, 1998; 18 (2) at the time of application and at the time of issuance of a license under this 19 section, holds a comparable certificate from the Alaska Commission for Chemical Dependency 20 Professionals Certification, a nonprofit organization incorporated in January 1985 and given 21 its current name in May 1993; and 22 (3) pays the required fee. 23 * Sec. 6. INITIAL BOARD MEMBERS. Notwithstanding AS 08.19.010, enacted by sec. 24 1 of this Act, 25 (1) the terms of initial members of the Board of Chemical Dependency 26 Counseling Examiners shall be those established under AS 39.05.055; 27 (2) the initial members appointed to fill seats on the Board of Chemical 28 Dependency Counseling Examiners that are designated for chemical dependency counselors 29 licensed under AS 08.19 need not be licensed until March 30, 1998; if a board member 30 governed by this paragraph is not licensed under AS 08.19 by March 30, 1998, the member 31 forfeits office and the member's seat is considered vacant until filled by another appointment.
01 * Sec. 7. DELAYED EFFECTIVE DATE. AS 08.19.050, enacted by sec. 1 of this Act, 02 takes effect March 30, 1998.