A BILL TO BE ENTITLED
AN ACT TO make certain clarifying changes to the north carolina substance abuse professional practice act, to CLARIFY THE REQUIREMENTS of MEMBERSHIP ON THE NORTH CAROLINA SUBSTANCE ABUSE PROFESSIONAL PRACTICE BOARD under certain circumstances, AND TO amend the laws requiring a passing score on an oral examination thereby affecting fees charged by the board under the laws regulating substance abuse professionals.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑113.31A reads as rewritten:
"§ 90‑113.31A.  Definitions.
The following definitions shall apply in this Article:
(1)	Applicant. – A person who has initiated a process to become a substance abuse professional pursuant to this Article.
(2)	Applicant supervisor. – A person who provides supervision as required by the Board to persons applying for registration, certification, or licensure as a substance abuse professional pursuant to this Article.
(3)	Board. – The North Carolina Substance Abuse Professional Practice Board.
(4)	Certified clinical supervisor. – A person certified by the Board to practice as a clinical supervisor in accordance with the provisions of this Article.
(5)	Certified criminal justice addictions professional. – A person certified by the Board to practice as a criminal justice addictions professional who, under supervision, provides direct services to clients or offenders exhibiting substance abuse disorders and works in a program determined by the Board to be involved in a criminal justice setting.
(6)	Certified substance abuse counselor. – A person certified by the Board to practice under the supervision of a practice supervisor as a substance abuse counselor in accordance with the provisions of this Article.
(7)	Certified substance abuse prevention consultant. – A person certified by the Board to practice substance abuse prevention in accordance with the provisions of this Article.
(8)	Certified substance abuse residential facility director. – A person certified by the Board to practice as a substance abuse residential facility director in accordance with the provisions of this Article.
(9)	Provisional licensed clinical addictions specialist. – A registrant who successfully completes 300 hours of Board‑approved supervised practical training  in pursuit of licensure as a clinical addictions specialist.
(10)	Clinical supervisor intern. – A person designated by the Board to practice as a clinical supervisor under the supervision of a certified clinical supervisor for a period not to exceed three years without a showing of good cause in accordance with the provisions of this Article.
(11)	Counseling. – The utilization of special skills to assist individuals, families, or groups in achieving objectives, including the following:
a.	Exploring a problem and its ramifications.
b.	Examining attitudes and feelings.
c.	Considering alternative solutions.
d.	Decision making.
(12)	Credential. – Any registration, certification, or license issued by the Board.
(13)	Credentialing body. – A board that licenses, certifies, registers, or otherwise regulates a profession or practice.
(14)	Criminal history. – A history of conviction of a State crime, whether a misdemeanor or felony, that bears on an applicant's fitness for licensure to practice substance abuse professional services. The crimes include the criminal offenses set forth in any of the following Articles of Chapter 14 of the General Statutes: Article 5, Counterfeiting and Issuing Monetary Substitutes; Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7A, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders; Article 39, Protection of Minors; Article 40, Protection of the Family; Article 59, Public Intoxication; and Article 60, Computer‑Related Crime. The crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act in Article 5 of Chapter 90 of the General Statutes and alcohol‑related offenses including sale to underage persons in violation of G.S. 18B‑302 or driving while impaired in violation of G.S. 20‑138.1 through G.S. 20‑138.5.
(15)	Deemed status. – Recognition by the Board of the credentials offered by a professional discipline whereby the individuals certified, licensed, or otherwise recognized by the discipline as having met the standards of a clinical addictions specialist may apply individually for licensure as a licensed clinical addictions specialist.
(16)	Dual relationship. – A relationship in addition to the professional relationship with a person to whom the substance abuse professional delivers services in the Twelve Core Functions or the performance domains, both as defined in rules adopted by the Board, or as provided in a supervisory capacity. These relationships may result in grounds for disciplinary action.
(17)	Human services field. – An area of study that focuses on the biological, psychological, behavioral, and social aspects of human welfare with focus on the direct services designed to improve it.
(18)	Independent study. – Any course of study that is not traditional classroom‑based that must be preapproved by the Board or any organization that has deemed status with the Board.
(19)	Licensed clinical addictions specialist. – A person licensed by the Board to practice as a clinical addictions specialist in accordance with the provisions of this Article.
(20)	Practice supervisor. – A certified clinical supervisor, clinical supervisor intern, or licensed clinical addictions specialist who provides oversight and responsibility in a face‑to‑face capacity for each certified substance abuse counselor or criminal justice addictions professional.
(21)	Prevention. – The reduction, delay, or avoidance of alcohol and of other drug use behavior. "Prevention" includes the promotion of positive environments and individual strengths that contribute to personal health and well‑being over an entire life and the development of strategies that encourage individuals, families, and communities to take part in assessing and changing their lifestyles and environments.
(22)	Professional discipline. – A field of study characterized by the technical, educational, and ethical standards of a profession.
(23)	Registrant. – A person who completes all requirements to be registered with the Board and is supervised by a certified clinical supervisor or clinical supervisor intern.
(24)	Substance abuse counseling. – The assessment, evaluation, and provision of counseling and therapeutic service to persons suffering from substance abuse or dependency.
(25)	Substance abuse counselor intern. – A registrant who successfully completes 300 hours of Board‑approved supervised practical training  in pursuit of credentialing as a substance abuse counselor.
(26)	Substance abuse professional. – A registrant, certified substance abuse counselor, substance abuse counselor intern, certified substance abuse prevention consultant, certified clinical supervisor, provisional licensed clinical addictions specialist, licensed clinical addictions specialist, certified substance abuse residential facility director, or certified criminal justice addictions professional."
SECTION 2.  G.S. 90‑113.32 reads as rewritten:
"§ 90‑113.32.  Board; composition; voting.
(a)	The Board is created as the authority to credential substance abuse professionals in North Carolina.
	
(c)	After the initial Board members' terms expire, the Board shall consist of the following members, all of whom shall reside in North Carolina, appointed or elected as follows:
(1)	Eleven professionals credentialed pursuant to this Article and elected by the credentialed professionals, at least two of whom shall serve each of the four Division of Mental Health, Developmental Disabilities, and Substance Abuse Services regions of the State. Three members shall serve as members at large.
(2)	Three members at large chosen from laypersons or other professional disciplines who have shown a special interest in the field of substance abuse, nominated by the Nominating and Elections Committee established by subsection (d) of this section and elected by the Board.
(3)	Two members from the Department of Health and Human Services, appointed by the Chief of Community Policy Management of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, at least one of whom administers substance abuse services.
(4)	One member of the public at large appointed by the Governor.
(5)	One member of the public at large appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121 and one member of the public at large appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121.
(6)	One member shall represent each of the professional disciplines granted deemed status under G.S. 90‑113.41A. The member may be appointed by the professional discipline on or before a date set by the Board. If the professional discipline has at least one association in the State, the member shall be chosen from a list of nominees submitted to the association. The members appointed or elected under this subdivision shall be certified as substance abuse specialists by the professional discipline that the members represent.
No member of the General Assembly shall serve on the Board.
(c1)	Every member of the Board shall have the right to vote on all matters before the Board, except for the President who shall vote only in case of a tie or when another member of the Board abstains on the question of whether the professional discipline the member represents shall retain its deemed status.
(d)	The Board shall appoint five professionals from the field of substance abuse counseling and substance abuse prevention consulting to serve on the Nominating and Elections Committee. Of these five, at least three shall not be members of the Board. The Board shall appoint a member of the Nominating and Elections Committee to serve as chair. The Committee's purpose is to accept nominations from professionals certified or licensed by the Board to fill vacancies on the Board in membership categories prescribed by subdivisions (1) and (2) of subsection (c) of this section and to conduct the election of Board members. The Committee shall solicit nominations from all professionals it has certified or licensed under this Article when elected members' terms are due to expire. The certified or licensed professionals shall submit to the Committee all nominations beginning 90 days and ending 28 days before the election of new Board members. The Committee shall furnish all certified or licensed professionals with a ballot containing all the nominees for each elected Board member vacancy. In soliciting and making nominations for this process, the Committee shall give consideration to factors that promote representation on the Board by professionals certified or licensed by the Board. The Committee shall serve for a two‑year term, its successors to be appointed for the same term by the Board.
(e)	Members of the Board shall serve for four‑year terms. No Board member shall serve for more than two consecutive terms, but a person who has been a member for two consecutive terms may be reappointed after being off the Board for a period of at least one year. When a vacancy occurs in an unexpired term, the Board shall, as soon as practicable, appoint temporary members to serve until the end of the unexpired terms. Time spent as a temporary member does not count in determining the limitation on consecutive terms.
(f)	If a member becomes ineligible to serve on the Board for any reason, except when the member has committed an ethical violation that results in the suspension or revocation of the member's professional credentials, that member may fulfill the remainder of his or her term on the Board."
SECTION 3.  G.S. 90‑113.40 reads as rewritten:
"§ 90‑113.40.  Requirements for certification and licensure.
(a)	The Board shall issue a certificate certifying an applicant as a "Certified Substance Abuse Counselor" or as a "Certified Substance Abuse Prevention Consultant" if:
(1)	The applicant is of good moral character.
(2)	The applicant is not and has not engaged in any practice or conduct that would be grounds for disciplinary action under G.S. 90‑113.44.
(3)	The applicant is qualified for certification pursuant to the requirements of this Article and any rules adopted pursuant to it.
(4)	The applicant has, at a minimum, a high school diploma or a high school equivalency certificate.
(5)	The applicant has signed a form attesting to the intention to adhere fully to the ethical standards adopted by the Board.
(5a)	The applicant submits to a complete criminal history record check pursuant to G.S. 90‑113.46A.
(6)	The applicant has completed 270 hours of Board‑approved education. The Board may prescribe that a certain number of hours be in a course of study for substance abuse counseling and that a certain number of hours be in a course of study for substance abuse prevention consulting. Independent study hours shall not compose more than fifty percent (50%) of the total number of hours required for initial credentialing.
(7)	The applicant has documented completion of a minimum of 300 hours of Supervised Practical Training, has provided a Board‑approved supervision contract between the applicant and an applicant supervisor, and has been deemed recommended by the applicant supervisor to advance in the credentialing process.
(8)	The applicant for substance abuse counselor has completed a total of 6,000 hours of supervised experience in the field, whether paid or volunteer. The applicant for substance abuse prevention consultant has completed a total of 6,000 hours supervised experience in the field, whether paid or volunteer, or 4,000 hours if the applicant has at least a bachelors degree in a human services field from a regionally accredited college or university.
(9)	The applicant has obtained a passing score on a written examination. 
(b)	The Board shall issue a certificate certifying an individual as a "Certified Clinical Supervisor" if the applicant:
(1)	Submits proof of designation by the Board as a clinical supervisor intern.
(2)	Submits proof that the applicant has a minimum of a master's degree in a human services field with a clinical application from a regionally accredited college or university.
(3)	Has  4,000 hours experience as a substance abuse clinical supervisor as documented by his or her certified clinical supervisor.
(4)	Has 30 hours of substance abuse clinical supervision specific education or training. These hours shall be reflective of the Twelve Core Functions in the applicant's clinical application and practice and may also be counted toward the applicant's renewal as a substance abuse counselor or a clinical addictions specialist.
(5)	Submits a letter of reference from a certified clinical supervisor who can attest to the applicant's supervisory competence and two letters of reference from either counselors who have been supervised by the applicant or professionals who can attest to the applicant's competence.
(6)	Obtains a passing score on a written examination administered by the Board.

(b1)	The Board shall designate an applicant as a "Clinical Supervisor Intern" if, in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant meets the following qualifications:
(1)	Submits an application, resume, and official transcript showing that the applicant has obtained a master's degree in a human services field with a clinical application from a regionally accredited college or university.
(2)	Submits verification statements.
(3)	Submits proof of credentialing as a licensed clinical addictions specialist.
(4)	Submits documentation establishing that the applicant has completed at least fifty percent of the required clinical supervision specific training hours as defined by the Board.
(c)	The Board shall issue a license credentialing an applicant as a "Licensed Clinical Addictions Specialist" if, in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant meets one of the following criteria:
(1)	Criteria A. – The applicant:
a.	Has a minimum of a master's degree with a clinical application in a human services field from a regionally accredited college or university.
b.	Has two years postgraduate supervised substance abuse counseling experience.
c.	Submits three letters of reference from licensed clinical addictions specialists or certified substance abuse counselors who have obtained master's degrees.
d.	Has achieved a passing score  on a master's level written  examination administered by the Board.
e.	Has attained 180 hours of substance abuse specific training from either a regionally accredited college or university, which may include unlimited independent study, or from training events of which no more than fifty percent (50%) shall be in independent study. All hours shall be credited according to the standards set forth in G.S. 90‑113.41A.
f.	The applicant has documented completion of a minimum of 300 hours of supervised practical training and has provided a Board‑approved supervision contract between the applicant and an applicant supervisor.
(2)	Criteria B. – The applicant:
a.	Has a minimum of a master's degree with a clinical application in a human services field from a regionally accredited college or university.
b.	Has been certified as a substance abuse counselor.
	
d.	Has achieved a passing score on a master's level written examination administered by the Board.
e.	Submits three letters of reference from either licensed clinical addictions specialists or certified substance abuse counselors who have obtained master's degrees.
(3)	Criteria C. – The applicant:
a.	Has a minimum of a master's degree in a human services field with both a clinical application and a substance abuse specialty from a regionally accredited college or university that includes 180 hours of substance abuse specific education and training pursuant to G.S. 90‑113.41A.
b.	Has one year of postgraduate supervised substance abuse counseling experience.
c.	Has achieved a passing score on a master's level written examination administered by the Board.
d.	Submits three letters of reference from licensed clinical addictions specialists or certified substance abuse counselors who have obtained master's degrees.
(4)	Criteria D. – The applicant has a substance abuse certification from a professional discipline that has been granted deemed status by the Board.
(d)	The Board shall issue a certificate certifying an applicant as a "Substance Abuse Residential Facility Director" if the applicant:
(1)	Has been credentialed as a substance abuse counselor or a clinical addictions specialist.
(2)	Has 50 hours of Board approved academic or didactic management specific training or a combination thereof. Independent study may compose up to fifty percent (50%) of the total number of hours required for initial credentialing.
(3)	Submits letters of reference from the applicant's current supervisor and a colleague or coworker.
(d1)	The Board shall issue a certificate certifying an applicant as a "Certified Criminal Justice Addictions Professional", with the acronym "CCJP", if in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant:
(1)	Has attained 270 hours of Board‑approved education or training, unless the applicant has attained a minimum of a masters degree with a clinical application and a substance abuse specialty from a regionally accredited college or university whereby the applicant must only obtain 180 hours. The hours of education shall be specifically related to the knowledge and skills necessary to perform the tasks within the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Incorporated, "IC&RC/AODA, Inc.," criminal justice addictions professional performance domains as they relate to both adults and juveniles. Independent study may compose up to fifty percent (50%) of the total number of hours obtained for initial certification or renewal.
(2)	Has documented 300 hours of Board‑approved supervised practical training. This supervision shall mean the administrative, clinical, and evaluative process of monitoring, assessing, and enhancing professional performance. A minimum of 10 hours of supervision in each criminal justice domain established by the IC&RC/AODA, Inc., is required.
(3)	Has provided documentation of supervised work experience providing direct service to clients or offenders involved in one of the three branches of the criminal justice system, which include law enforcement, the judiciary, and corrections. The applicant must meet one of the following criteria:
a.	Criteria A. – In addition to having a high school degree or GED, the applicant has a minimum of 6,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services that have been obtained during the past 10 years.
b.	Criteria B. – In addition to having an associate degree, the applicant has a minimum of 5,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services obtained during the past 10 years.
c.	Criteria C. – In addition to having at least a bachelors degree, the applicant has a minimum of 4,000 hours of documented work experience in direct services in criminal justice or addictions services, or any combination of these services, and this experience has been obtained during the past 10 years.
d.	Criteria D. – In addition to having at least a masters degree in a human services field, the applicant has a minimum of 2,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services that has been obtained during the past 10 years.
e.	Criteria E. – In addition to having at least a masters degree in a human services field with a specialty from a regionally accredited college or university that includes 180 hours of substance abuse specific education or training, the applicant has a minimum of 2,000 hours of postgraduate supervised substance abuse counseling experience.
f.	Criteria F. – In addition to having obtained the credential of a certified clinical addictions specialist or other advanced credential in a human services field from an organization that has obtained deemed status with the Board, the applicant has a minimum of 1,000 hours of documented work experience in direct services in criminal justice or addictions services that has been obtained during the past 10 years.
(4)	Has passed the IC&RC/AODA, Inc., certified criminal justice addictions professional written examination.
(e)	The Board shall publish from time to time information in order to provide specifics for potential applicants of an acceptable educational curriculum and the terms of acceptable supervised fieldwork experience.
(f)	Effective January 1, 2003, only a person who is certified as a certified clinical supervisor or a clinical supervisor intern shall be qualified to supervise applicants for certified clinical supervisor and certified substance abuse counselor and applicants for licensed clinical addictions specialist who meet the qualifications of their credential other than through deemed status as provided in G.S. 90‑113.40(c)(4)."
SECTION 4.  G.S. 90‑113.43 reads as rewritten:
"§ 90‑113.43.  Illegal practice; misdemeanor penalty.
Except as otherwise authorized in this Article, no person shall:
(1)	Offer substance abuse professional services, practice, attempt to practice, or supervise while holding himself or herself out to be a certified substance abuse counselor, certified substance abuse prevention consultant, certified clinical supervisor,  licensed clinical addictions specialist, provisional licensed clinical addictions specialist, substance abuse residential facility director, certified criminal justice addictions professional, clinical supervisor intern, substance abuse counselor intern, or registrant without first having obtained a notification of registration, certification, or licensure from the Board.
(2)	Use in connection with any name any letters, words, numerical codes, or insignia indicating or implying that this person is a registrant, certified substance abuse counselor, certified substance abuse prevention consultant, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, substance abuse counselor intern, or provisional licensed clinical addictions specialist unless this person is registered, certified, or licensed pursuant to this Article.
(3)	Practice or attempt to practice as a certified substance abuse counselor, certified substance abuse prevention consultant, certified clinical supervisor, licensed clinical addictions specialist, certified criminal justice addictions professional, or certified substance abuse residential facility director with a revoked, lapsed, or suspended certification or license.
(4)	Aid, abet, or assist any person to practice as a certified substance abuse counselor, certified substance abuse prevention consultant, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, registrant, substance abuse counselor intern, provisional licensed clinical addictions specialist, or clinical supervisor intern in violation of this Article.
(5)	Knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a registrant, certified substance abuse counselor, certified substance abuse prevention consultant, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, substance abuse counselor intern, provisional licensed clinical addictions specialist, or clinical supervisor intern unless that person is registered, certified, or licensed under this Article.
(6)	Repealed by S.L. 1997‑492, s. 13.
(7)	Practice, supervise, or attempt to practice or supervise or knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a designated substance abuse intern or provisional licensed clinical addictions specialist without being designated as such by the Board.
A person who engages in any of the illegal practices enumerated by this section is guilty of a Class 1 misdemeanor. Each act of unlawful practice constitutes a distinct and separate offense."
SECTION 5.  G.S. 122C‑142.1(b1) reads as rewritten:
"(b1)	Persons Authorized to Conduct Assessments. – The following individuals are authorized to conduct a substance abuse assessment under subsection (b) of this section:
(1)	A Certified Substance Abuse Counselor (CSAC), as defined by the Commission.
(2)	A Certified Clinical Addiction Specialist (CCAS), as defined by the Commission.
(3)	(Repealed effective October 1, 2008. See note.) A Substance Abuse Counselor Intern who is supervised by a Certified Clinical Supervisor (CCS), as defined by the Commission, and who meets the minimum qualifications established by the Commission for individuals performing substance abuse assessments.
(4)	A person licensed by the North Carolina Medical Board or the North Carolina Psychology Board.
(5)	A physician certified by the American Society of Addiction Medicine (ASAM).
(6)	A Certified Criminal Justice Addictions Professional, as certified by the North Carolina Substance Abuse Professional Practice Board.
(7)	A Provisional Licensed Clinical Addictions Specialist, as registered by the North Carolina Substance Abuse Professional Practice Board."
SECTION 6.  G.S. 122C‑142.1(d1) reads as rewritten:
"(d1)	Persons Authorized to Provide Instruction. – Beginning January 1, 2009, individuals who provide ADET school instruction as a Department‑authorized ADETS instructor must have at least one of the following qualifications:
(1)	Certified Substance Abuse Counselor (CSAC), as defined by the Commission.
(2)	Certified Clinical Addiction Specialist (CCAS), as defined by the Commission.
(3)	Certified Substance Abuse Prevention Consultant (CSAPC), as defined by the Commission.
(4)	Certified Criminal Justice Addictions Professional, as certified by the North Carolina Substance Abuse Professional Practice Board.
(5)	Provisional Licensed Clinical Addictions Specialist, as registered by the North Carolina Substance Abuse Professional Practice Board."
SECTION 7.  Notwithstanding G.S. 90‑113.32(e), members currently serving on the North Carolina Substance Abuse Professional Practice Board who began serving a second consecutive four‑year term as of September 1, 2005, may continue to serve on the Board for an additional four‑year term.
SECTION 8.  This act is effective when it becomes law.