It is enacted by the General Assembly as follows:

SECTION 1. Title 5 of the General Laws entitled "Business and Professions" is hereby amended by adding thereto the following chapter:

{ADD 5-69-1. Short title. -- ADD} {ADD This chapter shall be known and may be cited as the Rhode Island Chemical Dependency Professional Act. ADD}

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

{ADD "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. ADD}

{ADD "ACDP" is an advanced chemical dependency professional certification as per the Rhode Island board for certification of chemical dependency professionals requirements. ADD}

{ADD "Approved Continuing Education" are 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 certification board. ADD}

{ADD "CDCS" is chemical dependency clinical supervisor as per the Rhode Island board for certification of chemical dependency professionals requirements. ADD}

{ADD "Certification Board" shall be the current Rhode Island board of certification of chemical dependency professionals. ADD}

{ADD "Clergy" shall include any minister, priest, rabbi, christian science practitioner, or any other similar religious counselor. ADD}

{ADD "Continuum of care network" means public and private substance abuse care agencies such as detoxification centers, emergency rooms, hospitals, treatment centers, TASC, outpatient and day treatment clinics, and community residences for substance abusers. Such services employ or refer to medical, psychological, health and counseling professions that treat substance abuse and related concerns. ADD}

{ADD "Department" is the Rhode Island department of substance abuse. ADD}

{ADD "Director" is the director of the Rhode Island department of substance abuse. ADD}

{ADD "Documented professional work experience" is a certification board approved form completed by employer or approved supervisor verifying dates of employment and responsibilities. ADD}

{ADD "Experience" is defined as six thousand (6,000) hours of supervised practice of chemical dependency couseling in a department of substances abuse licensed or certification board approved facility during a sixty (60) month period of time immediately preceding the date of application for licensure. ADD}

{ADD "Licensing board" is the board of license for chemical dependency professionals. ADD}

{ADD "Licensed chemical dependency clinical supervisor" is an individual licensed by the licensing board to practice and supervise substance abuse counseling and meets the qualifications set forth in section. ADD}

{ADD "Licensed chemical dependency professional" is an individual licensed by the licensing board to practice substance abuse counseling and meets the qualifications set forth in section. ADD}

{ADD "Recognized education institution" is any educational institution which grants an associate, bachelor, masters, or doctoral degree and which is recognized by the certification board, or by a nationally or regionally recognized educational or professional accrediting organization. ADD}

{ADD "Supervision" is no less than one 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 certification board. ADD}

{ADD "Substance abuse" is 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. ADD}

{ADD "The practice of substance abuse counseling" is 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 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. ADD}

{ADD 5-69-3. Title and practice regulation. -- ADD} {ADD (a) Any individual licensed under this chapter 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 this chapter. ADD}

{ADD (b) No individual shall represent herself or himself as a "licensed chemical dependency professional", "LCDP" "licensed chemical dependency clinical supervisor", "LCDCS" unless she or he is licensed as a "licensed chemical dependency professional" or "licensed chemical dependency clinical supervisor" pursuant to this chapter and provided that the title and abbreviation correspond to the licensed help pursuant to this chapter. ADD}

{ADD (c) Those currently holding the title "advanced chemical dependency professional" and "chemical dependency clinical supervisor" shall qualify for license application as a "licensed chemical dependency professional" and/or licensed chemical dependency clinical supervisor" respectfully. These applications must be received within ninety (90) days of passage of this chapter at a licensing fee of twenty-five dollars ($25.00) which shall be valid for the duration of the applicant's advanced chemical dependency professional certificate or advanced chemical dependency clinical supervisor certificate. Thereafter, the regular licensing fee of fifty dollars ($50.00) shall apply. ADD}

{ADD 5-69-4. Licensed chemical dependency professional/licensed chemical dependency clinical supervisor privilege. -- ADD} {ADD No licensee under this chapter or an employee of licensee may disclose any information which was acquired from clients or persons consulting with the licensee to render professional services except under provisions of the federal regulation 42 CFR part 2. ADD}

{ADD The provisions of this chapter do not apply to the following individuals: ADD}

{ADD (1) qualified members of other professions or occupations engaging in practices similar in nature to chemical dependency counseling provided that they are authorized by the laws of this state to engage in such practices, do not represent themselves as a "licensed chemical dependency professional" or "licensed chemical dependency clinical supervisor"; ADD}

{ADD (2) students/counselors engaged in entry level internships in a department of substance abuse licensed or certification board approved facility provided that the student/counselor are practicing as part of supervised work or course of study and designated by such titles as "counselor intern," "counselor," or "chemical dependency professional" or others clearly indicating training status; ADD}

{ADD (3) Nothing in this section shall be construed to prevent members of the clergy, peer group or self-help groups from performing peer counseling or self-help activities which may be, wholly or in part, included as a defined professional service as cited in section 5-69-2, however, that no members of peer group or self-help groups shall use a title stating or implying that they are a Licensed Chemical Dependency Professional or a Licensed Chemical Dependency Clinical Supervisor. ADD}

{ADD 5-69-5. Agency powers. -- ADD} {ADD The department of substance abuse shall promulgate rules and regulations as may be reasonably necessary for the administration of this chapter and to further its purposes. The department of substance abuse, on recommendation of the board of chemical dependency professionals shall issue licenses to those qualified under this chapter. ADD}

{ADD 5-69-6. Licensing board. -- ADD} {ADD Within the department there shall be established a board of licensing. The governor shall appoint a licensing board consisting of nine (9) members. ADD}

{ADD (1) of the nine (9) licensing board members, six shall be licensed under this chapter, except that such members constituting the first licensing board shall be persons eligible for licensing; ADD}

{ADD (2) licensing board members shall be: ADD}

{ADD (a) two members shall be selected from and represent the general public. At least one member shall have been a consumer of substance abuse counseling services, and one shall be from a minority group as defined by the federal department of health, education, and welfare. ADD}

{ADD (b) Three members shall represent the licensed professionals: two shall be licensed chemical dependency professionals and one member shall be a licensed chemical dependency clinical supervisor. ADD}

{ADD (c) one member shall represent the department of substance abuse. ADD}

{ADD (d) one licensed member shall be a voting member of the Rhode Island association of alcohol and drug abuse counselors. ADD}

{ADD (e) one licensed member shall be an active member of the drug and alcohol treatment association of Rhode Island. ADD}

{ADD (3) licensing board members shall serve without compensation. ADD}

{ADD (4) each licensing board member shall take and subscribe to the oath of affirmation prescribed by law and file same in the office of the secretary of state. ADD}

{ADD (5) the term of office shall be four (4) years, except that of the members of the first licensing board. Three shall be appointed for a term of one (1) year, three for a term of two (2) years, three for a term of three (3) years. At least one member representing the general public, and one member representing a minority group, as defined by the federal department of health, education and welfare, shall be appointed for the initial term of three (3) full years. Successors to these licensing board positions shall be appointed for a term of four (4) years each, except that any person appointed to fill a vacancy shall be for the unexpired term of office. Upon expiration of the term of office, a member shall continue to serve until a successor has been appointed and has qualified. No person shall be appointed for more than two (2) consecutive four (4) year terms. ADD}

{ADD (6) the governor may remove any member of the licensing board for neglect of duty, malfeasance, conviction of a felony, crime, moral turpitude while in office or for lack of attendance/participation in board meetings. No member may be removed until after a public hearing of these charges, and at least thirty days prior written notice to such accused member of these charges and of the date fixed for such hearings. No licensing board member shall participate in any matter before the licensing board in which pecuniary interest, personal bias, or other similar conflicts of interests is established. ADD}

{ADD 5-69-7. Powers and duties of the licensing board. -- ADD} {ADD The organization, meeting, and management of the licensing board shall be established by regulations promulgated by the department of substance abuse. ADD}

{ADD In addition to duties set forth elsewhere in this chapter, the licensing board shall: ADD}

{ADD (1) examine and pass on the qualifications of all applicants for licensure under this chapter, and recommend to the director that a license be issued to each qualified successful applicant, therefore attesting to the applicant's professional qualification to practice as a "licensed chemical dependency professional" or a "licensed chemical dependency clinical supervisor"; ADD}

{ADD (2) recommend that the director adopt rules and regulations that set professional practice standards for licensed chemical dependency professionals and licensed chemical dependency clinical supervisors; ADD}

{ADD (3) recommend modifications or amendments deemed necessary to effectuate its purpose; ADD}

{ADD (4) be responsible for all disciplinary functions carried out regarding all licenses under this chapter; ADD}

{ADD (5) have such other powers as may be required to carry out the provisions of this chapter. ADD}

{ADD 5-69-8. Licenses. -- ADD} {ADD The department shall issue the appropriate license to applicants who meet the qualifications for the license as specified; ADD}

{ADD (1) "Licensed chemical dependency professional": Any individual desiring to obtain a license as a licensed chemical dependency professional shall be currently certified as an advanced chemical dependency professional in accord with the Rhode Island certification board for chemical dependency professionals specified requirements, as a prerequisite for submitting the application to the licensing board. ADD}

{ADD (2) "Licensed Chemical Dependency Clinical Supervisor": Any individual desiring to obtain a license as a licensed chemical dependency clinical supervisor shall be currently certified as an advanced chemical dependency professional, have completed the current Rhode Island certification board requirements for the chemical dependency clinical supervisor, and submit an application to the licensing board. ADD}

{ADD (3) Other: An applicant having a comparable license, certification, or reciprocity within Rhode Island or from another state or territory of the United States that imposes qualifications substantially similar to those of this chapter, as determined by the licensing board. ADD}

{ADD In addition to the above qualifications, an applicant for any of the above titles must prove to the licensing board's satisfaction: ADD}

{ADD (1) Good moral character which is a continuing requirement for licensure, and; ADD}

{ADD (2) United States citizenship or status as a legal resident alien, and;

(3) Absence of a sanction from the national association of alcohol and drug abuse counselors, or Rhode Island board for certification of chemical dependency professionals sanction for violation of the code of ethics, or other related state board which shall be waived by the board upon presentation of satisfactory evidence that such sanction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her sanction does not impair his/her ability to conduct with safety to the public the practice authorized by this license.

(4) Absence of conviction of a felony, which shall be waived by the board upon presentation of satisfactory evidence that such conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her conviction does not impair his/her ability to conduct with safety to the public the practice authorized by this license.

(5) That the applicant has not been declared mentally incompetent by any court, and if such decree has ever been rendered, that there has been a subsequent court determination that the applicant is competent, and

(6) Freedom from use of any controlled substance or any alcoholic beverages 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. The applicant shall bear the burden of proving that he/she is free from use of any controlled substance or any alcoholic beverages which impair his/her ability to conduct with safety to the public the practice authorized by this license. ADD}

{ADD 5-69-9. Fees and renewal. -- ADD} {ADD The application fee for licensure shall be fifty dollars ($50.00). Licenses shall be renewed every twenty-four (24) months after initial licensure upon payment of a fee of fifty dollars ($50.00) and in compliance with such additional requirements as the licensing board shall promulgate. ADD}

{ADD 5-69-10. Licensed professionals discipline. -- ADD} {ADD Licensees subject to this chapter shall conduct their activities, services, and practice in accordance with this chapter and with any rules promulgated pursuant hereto. The licensing board may recommend to the director refusal to grant a license to, or may suspend, revoke, condition, limit, qualify or restrict the license of any individual who the licensing board, after a hearing, determines:

(a) is incompetent to practice under the provisions of the act, or is found to engage in the practice of chemical dependency counseling and/or supervision in a manner harmful or dangerous to a client or to the public;

(b) has obtained or attempted to obtain a license, or renewal therefore, by bribery or fraudulent representation;

(c) has knowingly made a false statement on a form required by the licensing board;

(d) has failed to obtain the continuing education credits necessary for relicensing;

(e) has engaged in sexual relations with a current client, solicited sexual relations with a current client, or committed an act of sexual abuse, or sexual misconduct with a current client;

(f) has failed to remain free from the use of any controlled substance or any alcoholic beverages 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. The applicant shall bear the burden of proving that he/she is free from use of any controlled substance or any alcoholic beverages which impair his/her ability to conduct with safety to the public the practice authorized by this license.

(g) has been convicted of a felony, which shall be waived by the board upon presentation of satisfactory evidence that such conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her conviction does not impair his/her ability to conduct with safety to the public the practice authorized by this license.

(h) has disciplinary action pending or has revocation, suspension, or probation taken against the licensee in Rhode Island or another state or territory of these United States.

(i) has failed to maintain confidentiality per federal regulation 42 CFR part 2;

(j) has engaged in false or misleading advertising;

(k) has a mental disability which significantly impairs the ability or judgment; (The order of a court that licensee is in need of mental treatment for incompetency shall continue mental disability.)

(l) has violated any of the provisions of this chapter, or the provisions of any code of ethics adopted by the licensing board. ADD}

{ADD 5-69-11. Complaints. -- ADD} {ADD All complaints concerning a licensee's business or professional practice shall be received by either the licensing board or the department of substance abuse. Each complaint received shall be logged, recording at a minimum the following information:

Licensee's name;

Name of the complaining party;

Date of complaint;

Brief statement of complaint; and

Disposition. ADD}

{ADD 5-69-12. Disciplinary process. -- ADD} {ADD Disciplinary procedures under this chapter shall be conducted in accordance with chapter 42-35 of the general laws of the state of Rhode Island.

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. ADD}

{ADD 5-69-13. Disciplinary sanctions. -- ADD} {ADD The licensing board may recommend that the director impose any of the following sanctions, singly or in combination when it finds that a licensee is guilty of any offenses described in section.

(a) revocation of the license;

(b) suspension of the license for any period of time;

(c) censure of the licensee;

(d) issue a letter or reprimand;

(e) place a licensee on probationary status and require the licensee to submit to any of the following:

(1) report regularly to the licensing board upon matters which are the basis of probation;

(2) continue to renew professional education until a satisfactory degree of skill has been attached in those areas which are basis of probation;

(f) refuse to renew a license;

(g) revoke probation which has been granted and impose any other discipline provided in this section when the requirements of probation have not been fulfilled or have been violated.

The director may reinstate any licensee to good standing under this chapter, if after hearing the department of substance abuse is satisfied that the applicant's renewed practice is in the public interest.

Upon the suspension or revocation of a license issued under this chapter, a licensee shall be required to surrender the license to the director and upon failure to do so, the director shall have the right to seize the same.

The director may make available annually a list of the names and addresses of all licensees under the provisions of this chapter, and of all persons who have been disciplined within the preceding twelve (12) months.

Any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500), imprisonment for not more than one (1) year, or both. ADD}

{ADD 5-69-14. Severability. -- ADD} {ADD The provisions of this chapter are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions ADD} .

SECTION 2. This act shall take effect upon passage.