| Chapter 187 |
| 2016 -- H 7130 Enacted 06/28/2016 |
| 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 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 5-69-2 of the General Laws in Chapter 5-69 entitled "License |
| Procedure for Chemical Dependency Professionals" is 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". |
| (3) "Acudetox Specialist (ADS)" means an individual licensed as a chemical-dependency |
| professional or clinical supervisor who holds a certificate of training that meets or exceeds the |
| NADA training from a recognized agency. |
| (3)(4) "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. |
| (4)(5) "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. |
| (6) "Auricular acudetox" means the subcutaneous insertion of sterile, disposable, |
| acupuncture needles in consistent, predetermined, bilateral locations on the ear in accordance |
| with the NADA protocol. |
| (5)(7) "CDCS" means chemical-dependency clinical supervisor. |
| (6)(8) "Clergy" includes any minister, priest, rabbi, Christian Science practitioner, or any |
| other similar religious counselor. |
| (7)(9) "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. The |
| services employs, or refers to, medical, psychological, health, and counseling professions that |
| treat substance abuse and related concerns. |
| (8)(10) "Department" means the Rhode Island department of health. |
| (9)(11) "Director" means the director of the Rhode Island department of health. |
| (10)(12) "Documented professional work experience" means the ICRC/AODA member |
| board-approved form, completed by an employer or approved supervisor, verifying dates of |
| employment and responsibilities. |
| (11)(13) "Experience" means six thousand (6,000) hours of supervised practice of |
| chemical-dependency counseling in a department of mental health, retardation, and hospitals |
| behavioral healthcare, developmental disabilities and hospitals licensed or ICRC/AODA |
| member-board-approved facility during a sixty- (60) month (60) period of time immediately |
| preceding the date of application for licensure. |
| (14) "General supervision" means available by telephone, cellphone, or electronic means |
| during business hours. |
| (12)(15) "ICRC/AODA" means International Certification and Reciprocity |
| Consortium/Alcohol and Other Drug Abuse. |
| (13)(16) "Licensed, chemical-dependency clinical supervisor" means an individual |
| licensed by the department of health to practice and supervise substance-abuse counseling and |
| who meets the qualification established in this section. |
| (14)(17) "Licensed, chemical-dependency professional" means an individual licensed by |
| the department of health to practice substance-abuse counseling and who meets the qualifications |
| established in this section. |
| (15)(18) "Licensing board" or "board" means the board of licensing for chemical- |
| dependency professionals. |
| (16)(19) "Member Board" means the Rhode Island Bboard for Ccertification of |
| Cchemical Ddependency Pprofessionals. |
| (20) "National Acupuncture Detoxification Association" ("NADA") means a not-for- |
| profit organization that provides a certificate of acudetox training. |
| (17)(21) "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. |
| (18)(22) "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. |
| (19)(23) "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. |
| (20)(24) "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 ICRC/AODA member. |
| SECTION 2. Chapter 5-69 of the General Laws entitled "License Procedure for Chemical |
| Dependency Professionals" is hereby amended by adding thereto the following section: |
| 5-69-3.1. Auricular acudetox practice regulation. – (a) Any individual licensed under |
| this chapter and trained to perform auricular acudetox, may perform said procedure within that |
| individual's current scope of practice; provided that the individual obtains a certificate of training |
| from a recognized organization or agency that meets or exceeds NADA training and is under the |
| general supervision of a licensed acupuncturist pursuant to chapter 37.2 of this title. |
| (b) Acudetox may be performed by acudetox specialists working in, or in collaboration |
| with, behavioral health and healthcare agencies, or other state-approved programs or agencies. |
| (c) Any individual performing auricular acudetox shall not use the title "acupuncturist", |
| as defined in chapter 37.2 of this title, or otherwise represent themselves as an acupuncture |
| professional and shall not perform acupuncture outside of the scope of the auricular acudetox |
| procedure as defined in §5-69-2. |
| (d) Any complaints filed against an ADS specialist relating to the performance of any |
| auricular acudetox procedure shall be handled by the licensing board in conformance with the |
| disciplinary procedure set forth in this chapter. |
| SECTION 3. This act shall take effect on January 1, 2017. |
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