Chemical Dependency Professionals (216-RICR-40-05-6)

216-RICR-40-05-6 ACTIVE RULE

6.1 Authority

These regulations are promulgated pursuant to the authority conferred under R.I. Gen. Laws § 5-69-5 and are adopted for the purpose of establishing prevailing standards for the licensure of chemical dependency professionals and chemical dependency clinical supervisors in this state.

6.2 Incorporated Materials

These regulations hereby adopt and incorporate the Confidentiality of Substance Use Disorder Patient Records. Final Rule. U.S. Department of Health and Human Services, Public Health Service. 42 C.F.R. Part 2 (2017) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

6.3 Definitions

A. Wherever used in this Part the following terms shall be construed as follows:

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.”

3. "Act" means R.I. Gen. Laws Chapter 5-69, entitled, "Rhode Island Chemical Dependency Professionals Act.”

4. “Acudetox specialist” or “ADS” means an individual licensed as a chemical dependency professional or clinical supervisor who holds a certificate of training that meets or exceeds the National Acupuncture Detoxification Association (NADA) training from a recognized agency.

5. "Advertise" includes, but is not limited to, the issuing or causing to be distributed any 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 or television, or by the use of any other means designed to secure public attention.

6. "Approved continuing education" means research and training programs, college 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 ICRC/AODA member board.

7. “Auricular acudetox” means the subcutaneous insertion of sterile, disposable, acupuncture needles in consistent, predetermined, bilateral locations on the ear in accordance with the National Acupuncture Detoxification Association (NADA) protocol.

8. "CDCS" means chemical dependency clinical supervisor.

9. "Clergy" includes any minister, priest, rabbi, Christian Science practitioner, or any other similar religious counselor.

10. "Continuum of care network" means public and private substance abuse care agencies such as detoxification centers, emergency rooms, hospitals, treatment centers, 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 abuse and related concerns.

11. "Department" means the Rhode Island Department of Health.

12. "Director" means the Director of the Rhode Island Department of Health.

13. "Documented professional work experience" means the ICRC/AODA member board approved form completed by employer or approved supervisor verifying dates of employment and responsibilities.

14. "Experience" means six thousand (6,000) hours of supervised practice of chemical dependency counseling in a Department of Mental Health, Retardation, and Hospitals licensed or ICRC/AODA member board approved facility during a sixty (60) month period of time immediately preceding the date of application for licensure.

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

16. "Licensed chemical dependency clinical supervisor" means an individual licensed by the Department to practice and supervise substance abuse counseling and who meets the qualifications set forth in the Act and the rules and regulations herein.

17. "Licensing board" or "Board" means the Board of Licensing for Chemical Dependency Professionals.

18. “Member board” means the Rhode Island Board for Certification of Chemical Dependency Professionals.

19. “National Acupuncture Detoxification Association” or “NADA” means the not-for-profit organization that provides a certificate of acudetox training.

20. “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 so indicated.

21. "Recognized education institution" means any educational institution which grants an associate, bachelor, masters or doctoral degree and which is recognized by the Board, or by a nationally or regionally recognized educational or professional accrediting organization.

22. "Substance abuse" means addictive (chronic or habitual) consumption, injection, inhalation or behavior of/with substance (such as alcohol and drugs), progressively injuring and afflicting the user's psychological, physical, social, economical and/or spiritual functioning.

23. "Supervision" means no less than one (1) hour per week and shall consist of individual or group supervision with a clinician licensed or certified in substance abuse counseling with education, supervisory experience, and ethics approved by the ICRC/AODA member.

6.4 Chemical Dependency Professional Licensing Requirements

6.4.1 Licensure Requirements

A. Any individual licensed under the provisions of the Act and this Part 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 correspond to the license held pursuant to the Act.

B. No individual shall represent herself/himself as a "licensed chemical dependency professional", "LCDP" or a "licensed chemical dependency clinical supervisor", "LCDCS", unless she/he holds the corresponding appropriate license as set forth in R.I. Gen. Laws § 5-69-3(b).

C. No individual shall represent herself/himself as an “acudetox specialist” or perform auricular acudetox as defined in § 6.3(A)(7) of this Part unless he/she holds a certificate of training that meets or exceeds the NADA training from a recognized agency; and is licensed under the provisions of the Act and this Part as a “licensed chemical dependency professional” or a “licensed chemical dependency clinical supervisor”.

6.4.2 Qualifications for Licensure

The Department shall issue the appropriate license to applicants who meet the qualifications for the license as specified in R.I. Gen. Laws § 5-69-8.

6.4.3 Application for Licensure and Fees

A. Application for license to practice as a licensed chemical dependency professional or licensed chemical dependency clinical supervisor shall be made on forms provided by the Department, which shall be completed and submitted to the Board.

B. The application shall be accompanied by the following:

1. For U.S. born applicants: a certified copy of birth certificate;

2. For Non-U.S. born applicants: documented evidence of lawful entry into the country;

3. Verification of current certification at the appropriate level from the ICRC/AODA member board;

4. A non-refundable, non-returnable license fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

5. Sworn statement that the applicant is free of sanctions, felony convictions, mentally incompetent decrees and/or the 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, in accordance with R.I. Gen. Laws §§ 5-69-8(b)(3), 5-69-8(b)(4), 5-69-8(b)(5), and 5-69-8(b)(6).

6.4.4 Endorsement for Licensure as a Licensed Chemical Dependency Professional and Licensed Chemical Dependency Clinical Supervisor

A. Licensure By Endorsement:

1. License application with accompanying documents and fee as required in § 6.4.3(B) of this Part;

2. If applicable, a statement from the certification board in each state in which the applicant has held or holds licensure to be submitted to the Rhode Island ICRC/AODA member board, attesting to the licensure status of the applicant during the time period the applicant held licensure in said state;

3. A statement from the licensing/certification board in the jurisdiction upon which endorsement is to be based setting forth the requirements for licensure/certification in that jurisdiction. Said requirements shall be substantially similar to those in place in Rhode Island at the time of application. This determination shall be made by the licensing board.

6.4.5 Issuance and Renewal of License

A. The Department, on recommendation of the Board of Chemical Dependency Professionals, shall issue licenses to those qualified under the Act. The license, unless sooner suspended or revoked, shall expire on the first day of October of each even-numbered year following the date of issuance of the original license.

B. Every licensed person who desires to renew his/her license shall file a renewal application with the Department, together with a non-refundable renewal fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) on or before the thirtieth (30th) day of September of each even-numbered year.

C. Applicants for license renewal shall submit evidence of current certification by the Rhode Island Board of Certification of Chemical Dependency Professionals and the continuing education requirements necessary to maintain said certification.

6.4.6 Privilege Exemptions

A. Privilege exemptions are in accordance with the provisions set forth in R.I. Gen. Laws § 5-69-4(b).

B. No person licensed under the Act and this Part 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 the provisions of the federal regulation 42 C.F.R. Part 2, incorporated by reference above at § 6.2 of this Part.

6.5 Denial, Suspension, and Revocation of Licenses and Procedures for Discipline

6.5.1 Grounds for Denial, Suspension or Revocation of License/Violations

Licensees subject to the Act shall conduct their activities, services and practice in accordance with the Act and this Part. The licensing board may recommend to the Director refusal to grant a license to, or to suspend, revoke, condition, limit, qualify, or restrict the license of any individual for grounds as set forth in R.I. Gen. Laws § 5-69-10, or for grounds that the individual has departed from or failed to conform to the current standards of acceptable and prevailing practice of substance abuse counseling.

6.5.2 Disciplinary Process

A. Disciplinary procedures under the Act shall be conducted in accordance with R.I. Gen. Laws Chapter 42-35.

B. The licensing board, or its designee, shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee. At the conclusion of the hearing, the licensing board shall make recommendations to the Director who shall issue an order.

6.5.3 Disciplinary Sanctions

The licensing board may recommend that the Director impose any sanctions set forth in R.I. Gen. Laws § 5-69-13, singly or in combination when it finds that a licensee is guilty of any offenses in § 6.5.1 of this Part.

6.5.4 Rules Governing Practices and Procedures

All hearing and reviews required under the provisions of R.I. Gen. Laws Chapter 5-69, shall be held in accordance with the provisions of the Act and of the rules and regulations regarding Practices and Procedures Before the Department of Health (Part 10-05-4 of this Title) and Access to Public Records (Part 10-05-1 of this Title).

Title 216 Department of Health
Chapter 40 Professional Licensing and Facility Regulation
Subchapter 05 Professional Licensing
Part 6 Chemical Dependency Professionals (216-RICR-40-05-6)
Type of Filing Amendment
Regulation Status Active
Effective 11/04/2018

Regulation Authority :

R.I. Gen. Laws § 5-69-5

Purpose and Reason :

The RIDOH is proposing rulemaking to create Authority and Incorporated Materials sections, create definitions for Acudetox Specialist, Auricular acudetox, and National Accupuncture Detoxification Association, remove statutory reiteration, remove superfluous language, implement requirements for acudetox specialists, remove notarization/photograph requirements for applications, and revise issuance/renewal of licensure. In the development of the proposed amendment, consideration was given to: 1) alternative approaches; 2) overlap or duplication with other statutory and regulatory provisions; and 3) significant economic impact on small business. No alternative approach, duplication, or overlap was identified based on available information. RIDOH has determined that the benefits of the proposed rule justify the costs of the proposed rule.