Senate Bill No. 401
(By Senators Wooton, White, Sprouse, Walker, Macnaughtan and
Hunter)
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[Introduced March 21, 1997; referred to the Committee on Health
and Human Resources; and then to the Committee on Finance.]
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A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-five,
relating to creating a self-supporting state board for
licensed alcohol and drug counselors; requiring a license to
practice; defining the scope of practice and related terms;
specifying board composition, powers, responsibilities and
operating procedures; establishing criteria and fees for
issuing, renewing and reinstating full and limited licenses
and temporary permits; creating misdemeanor penalties for
nonlicensure and other acts; exempting certain categories from
licensure; providing a grandfather clause; setting standards
for disciplinary action, license revocation and suspension and
due process; and delineating exceptions.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article thirty-five, to read as follows:
ARTICLE 35. BOARD OF LICENSED ALCOHOL AND DRUG COUNSELORS.
§30-35-1. License required to practice.
The practice of professional alcohol and drug counseling is
hereby declared to protect the public health, safety and welfare,
and to be subject to regulation in the public interest, and any
person practicing or offering to practice as a professional alcohol
and drug counselor is required to submit evidence that he or she is
qualified to practice, and is licensed as provided in this article.
The purpose of this act is to protect and benefit the public by
setting standards of qualifications, education, training and
experience for those who seek to obtain a license and hold the
title of master's level licensed alcohol and drug counselor, to
promote high standards of professional performance for those
licensed to practice alcohol and drug counseling in the state of
West Virginia, to formulate reimbursement for alcohol and drug
counseling for qualified and licensed professionals, and to protect
the public from unprofessional conduct by persons licensed to
practice alcohol and drug counseling.
After the thirtieth day of June, one thousand nine hundred
ninety-seven, it shall be unlawful for any person not licensed
under the provisions of this article to practice as a licensed
alcohol and drug counselor in this state, to deliver any portion of
the description of services or scope of practice, or to use any
title, sign, card or device to indicate that he or she is a
licensed alcohol and drug counselor. The provisions of this
article are not intended to limit, preclude or otherwise interfere
with the practice of other health care providers including those
health care providers working in any setting and licensed by appropriate agencies or boards of the state of West Virginia whose
practices and training may include elements of the same nature as
the practice of a licensed alcohol and drug counselor.
§30-35-2. Definitions.
(a) "Board" means the West Virginia board for licensed alcohol
and drug counselors;
(b) "Master's level licensed alcohol and drug counselor"
means a person who holds a master's degree in social services or a
health related field, as determined by the board, and who has
demonstrated the highest competence in the field of alcohol and
drug counseling, by completion of the requirements for, and
possession of, certification as an addictions counselor, who by
virtue of this knowledge, training and experience is uniquely able
to inform, motivate, guide and assist those persons, groups,
organizations, corporations, institutions or the general public who
are affected either directly or indirectly by problems related to
the misuse of alcohol or other drugs, and who holds a license
issued under this article to engage in the practice of alcohol and
drug counseling.
(c) "International certification reciprocity
consortium/alcohol and other drug abuse" (ICRC/AODA) means an
organization that develops international uniformity certification
standards and procedures for alcohol and drug counselors.
(d) "Practice of alcohol and drug counseling" means providing
or offering to provide alcohol and drug counseling services
involving the application of the twelve core functions as defined
by the international certification reciprocity consortium (ICRC) as of the first day of January, one thousand nine-hundred ninety-six.
(e) "Professional alcohol and drug counseling" means process
that involves the following key elements:
(1) To assist the client to recognize that misuse of alcohol
and other drugs is self-destructive;
(2) To assist the client in gaining insight and motivation to
make a commitment to resolve the problems presented by taking
appropriate action relative to the misuse of alcohol or other
drugs;
(3) To provide experience, professional guidance, assistance
and support for the client's efforts to establish a new lifestyle
and value system designated to eliminate the misuse of alcohol or
other drugs and the related problems; and
(4) To provide professional services similar to the above for
the family of the client. In this process it is also a
responsibility of the professional alcohol and drug counselor to be
able to recognize problems beyond the scope of their training,
skill or competency and be willing and able to refer the client to
other appropriate professional services.
(f) "Limited scope of practice" means the scope of practice
permitted under this article for master's level licensed alcohol
and drug counselors not possessing a master's degree, whose
practice is limited to working under the supervision of a
psychiatrist, a physician with a board specialty in addictions, or
another licensed clinician with a minimum of a master's degree and
a specialty in addictions. Only those master's level licensed
alcohol and drug counselors with a masters degree in a social services related field may practice independently.
§30-35-3. Board of alcohol and drug counselors.
(a) There is hereby created the West Virginia board of alcohol
and drug counselors. The board shall consist of nine members,
appointed by the governor with the advice and consent of the Senate
and shall consist of one lay citizen member to represent the public
sector; one medical physician; four masters level persons engaged
in the practice of alcohol and drug counseling and certified by the
ICRC/AODA board and three persons engaged in the practice of
alcohol and drug counseling and certified by the ICRC/AODA board.
Following initial creation of the board and implementation of this
article, subsequent appointees shall be licensed under this
article, as well as certified by the ICRC/AODA board. All
appointees shall be citizens of the United States and practicing in
this state. The West Virginia association of alcohol and drug
abuse counselors board of directors shall make recommendations to
the governor regarding individuals to be considered for initial and
subsequent appointments.
(b) The members of the board shall each serve terms that
commence on the first day of July, one thousand nine hundred
ninety-six. Of the initial appointments to the board, two
certified addiction counselors shall serve for two-year terms, one
public sector member and two certified addiction counselors shall
serve for three-year terms and four certified addiction counselors
and one medical physician shall serve for four-year terms.
Thereafter, each appointment shall be for a four-year term
commencing upon the expiration of the term of his or her previous term or of his or her predecessor's term. No member may be
appointed for more than three consecutive terms. Vacancies shall
be appointed by the governor from a list provided by the West
Virginia association of alcohol and drug counselors board of
directors for the balance of an unexpired term.
(c) The governor may remove any member from the board for
neglect of any duty required by law or for incompetence or
unethical or dishonorable conduct.
§30-35-4. Organization and meetings of board; quorum; expenses.
(a) The board shall meet at least twice a year and elect
annually a chairperson and a vice chairperson from its members.
The board may hold other meetings during the year as the
chairperson or board deem necessary to transact its business.
(b) A majority, including the chair or vice chairperson,
constitutes a quorum at any meeting. A majority of the board is
required to take action by vote. The board members shall receive
travel and other necessary expenses actually incurred while engaged
in board activities. All reimbursement of expenses shall be paid
out of the board of licensed alcohol and drug counselors fund
created by the provisions of this article.
§30-35-5. Board responsibilities.
The board shall:
(a) Provide public notice to all agencies and persons
currently practicing or employing professional alcohol and drug
counselors that a license is required to continue practicing as a
professional alcohol and drug counselor, after the thirtieth day of
June, one thousand nine hundred ninety-seven;
(b) Examine, license and renew the licenses of duly qualified
applicants;
(c) Maintain a current registry of persons licensed to
practice professional alcohol and drug counseling under this
article which contain information on the licensee's place of
employment, address, license number and the date of licensure;
(d) Cause the prosecution of all persons violating this
article, incurring any expenses necessary;
(e) Keep a record of all proceedings of the board and make it
available to the public for inspection during reasonable business
hours;
(f) Conduct hearings on charges that subject a licensee to
disciplinary action and on the denial, revocation or suspension of
a license;
(g) Maintain an information registry of persons whose licenses
have been suspended, revoked or denied. The information shall
include the individual's name, social security number, type and
cause of action, date of board action, type of penalty incurred and
the length of penalty. This information shall be available for
public inspection during reasonable business hours and supplied to
similar boards in other states upon request;
(h) Establish rules pursuant to the provisions of chapter
twenty-nine-a of this code regarding relicensure and continuing
education requirements. Continuing education requirements shall be
established by the licensing board created by this article;
(i) Maintain continuing education records; and
(j) Approve the training, continuing education and competency evaluation methods for licensed alcohol and drug counselors.
§30-35-6. Powers of the board; fund.
(a) The board may:
(1) Adopt rules pursuant to article three, chapter twenty- nine-a of the code, as may be necessary to enable it to effect the
provisions of this article;
(2) Employ such personnel as necessary to perform the
functions of the board, including an administrative secretary, and
pay all personnel from the board of licensed alcohol and drug
counselor's fund;
(3) Establish relicensure requirements, rules of probation for
licensees, and other procedures as deemed appropriate;
(4) Secure the services of resource consultants, as deemed
necessary by the board, who shall receive travel and other
necessary expenses, consistent with state laws and policies, while
engaged in consultative service to the board and who shall be
reimbursed exclusively from the board of alcohol and drug
counselors;
(5) Fix appropriate and reasonable fees by legislative rule
for mandatory licensure, which shall be no greater than two hundred
dollars for initial licensure or one hundred fifty dollars for
annual license renewal. All fees shall be reviewed periodically
and modified as necessary.
(b) The board shall designate one person to accept and deposit
moneys paid to the board. The money so collected shall be
deposited with the treasurer of the state and credited to an
account to be know as the "board of licensed alcohol and drug counselor's fund." Expenditures from the fund shall be for the
purposes set forth in this article and are not authorized from
collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with provisions
of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code: Provided, That for the fiscal year ending the
thirtieth day of June, one thousand nine hundred ninety-seven,
expenditures are authorized from collections rather than pursuant
to an appropriation by the Legislature. No part of the state's
general revenue fund shall be expended to carry out the purposes of
this article.
(c) The board may contract with other state boards or state
agencies to share offices, personnel and other administrative
functions as authorized under this article.
§30-35-7. Issuance of license; renewal of license; renewal fee;
display of license.
(a) When the board finds that an applicant meets all of the
requirements of this article for a license to engage in the
practice of professional alcohol and drug counseling, it shall
forthwith issue to that person a license. Otherwise, the board
shall deny the application. The application is to be submitted
with a license fee of no greater than two hundred dollars.
(b) Every licensee shall renew his or her license every two
years on or before the first day of January of each year by payment
of a fee established by the board which shall be no greater than
one hundred fifty dollars and by satisfying continuing education requirements as set by the board. Any license that is not so
renewed shall automatically lapse. A license which has lapsed may
be renewed within two years of its expiration date by meeting the
requirements set forth by the board and payment of a fee equal to
that established for the initial license. After the expiration of
such two-year period, a license may be renewed only by complying
with the provisions relating to the issuance of an original
license.
(c) A person currently licensed to practice pursuant to this
article may apply for an inactive status by providing written
notice to the board and ceasing to engage in the practice of
professional alcohol and drug counseling in this state: Provided,
That the inactive status is granted for no longer than two years.
The board shall maintain a list of licensees on inactive status.
Any person granted inactive status is not subject to the payment of
any fees otherwise required by the board. Prior to engaging in the
practice of professional alcohol and drug counseling, the person
shall submit to the board an application for the renewal of the
license and payment of a renewal fee for the current year.
(d) The board may deny any application for renewal of a
license for any reason which would justify the denial of an
original application for a license as specified by provisions of
this article.
(e) The board shall prescribe the form of licenses.
§30-35-8. Criteria for licensure.
(a) Upon payment of proper fees, an applicant for a license to
practice professional alcohol and drug counseling shall submit to the board written evidence, verified by oath, that the applicant:
(1) Has a minimum of six years of qualifying experience. This
experience includes a combination of:
(A) Work experience:
(i) Specific to alcohol and drug. -- A minimum of three years
post graduate degree work experience either paid or voluntary,
working directly with the alcohol and drug client. This experience
may include both indirect and direct counselor core functions.
This experience must be supervised by a licensed person with at
least a masters degree and a CAC. Unsupervised work experience may
not be utilized for the requirements. Time in excess of the three- year minimum may be utilized to meet the six-year work experience
requirement.
(ii) General work experience. -- General work experience,
responsible employment or supervised volunteer work which
demonstrates the ability to work with people within a therapeutic
framework, up to a maximum of three years may be utilized to meet
the six-year requirement of qualifying experience. This can
include counseling with individuals with a variety of mental health
problems, working with therapeutic groups or providing direct
services to a human service organization.
(iii) Accredited degree work. -- A maximum of three years of
degree work from any academic college and university classes which
are part of or lead to the completion of an accredited degree may
be utilized to satisfy the general work experience requirement of
qualifying experience. An application holding a masters degree
from an accredited university or college in the field of behavioral science, which includes twenty semester hours of alcohol or drug
studies, may be credited with one of the three years of experience
required in (i) above. The academic work shall include graduate
degrees in the areas of psychology, social work, counseling,
sociology, health, education and must be supported by an official
transcript from the institution of higher learning.
(B) Education/training. -- A minimum of two hundred seventy
hours of education relevant to alcohol and drug counseling through
accredited institutions of higher learning, workshops or training
programs sponsored by federal or state agencies, professional
associations or organizations whose function is to foster alcohol
and drug education. This training must be related to the knowledge
and skill base associated with the twelve core functions as defined
by the international certification reciprocity consortium.
(C) Supervised practical experience: -- Applicants must have
completed a three hundred-hour supervised practical experience
which teaches the knowledge and skills of professional alcohol and
drug counseling. This supervised training must include work
experience in which there are defined learning goals specifically
related to the twelve core functions as defined by the
international certification reciprocity consortium. For a
completed practical experience it is required that there be a
minimum of ten hours of work experience in each of the twelve core
functions. This training must be documented and verified by both
applicant and supervisor of training.
(2)Has demonstrated competence in the core knowledge areas
that includes cognitive knowledge of communication theory, knowledge of alcohol and drug abuse, alcoholism and other drug
addictions, understanding the entire recovery and relapse process,
counseling techniques and treatment strategies, information and
referral. The demonstration of the core knowledge base shall
beverified by completion of the requirements for certification from
the West Virginia certification board for addictions professionals.
(3) Submits three evaluations from past or present work
supervisors or coworkers attesting to their qualities as a
counselor.
(4) Subscribes to the board's adopted code of ethics.
(b) The board shall issue an appropriate license to an
individual who holds a current license or other credential from
another jurisdiction if the board finds that the requirements for
that credential are substantially similar to the requirements of
this article.
§30-35-9. Temporary permits.
Upon payment of the proper fee the board may issue a temporary
permit to practice professional alcohol and drug counseling for a
period of six months to an applicant who is currently practicing,
or has practiced within the last twelve months in another state,
territory or country, and is completing the requirements for
licensing in this state.
§30-35-10. Prohibitions and penalties.
It is a misdemeanor for any person, including any corporation
or association, to:
(a) Sell or fraudulently obtain or furnish any professional
alcohol and drug counselor license or record or aid or abet therein;
(b) Practice as a professional alcohol and drug counselor
under cover of any diploma, license or record illegally or
fraudulently obtained or signed or issued or under fraudulent
representation;
(c) Practice as a professional alcohol and drug counselor
unless duly licensed to do so under the provisions of this article;
(d) Use in connection with his or her name any designation
tending to imply that he or she is licensed to practice as a
professional alcohol and drug counselor unless duly licensed so to
practice under the provisions of this article;
(e) Practice as a professional alcohol and drug counselor
during the time his or her license issued under the provisions of
this article is suspended or revoked;
(f) Conduct a professional alcohol and drug counselor
licensing program for the preparation of professional alcohol and
drug counselors unless such program has been accredited by the
board; or
(g) Otherwise violate any provisions of this article.
Upon conviction, each misdemeanor is punishable by a fine of
not less than twenty-five nor more than two hundred fifty dollars.
§30-35-11. Grandfather clause.
(a) After the establishment of the board of alcohol and drug
counselors, a license shall be issued to applicant who, as of
October of the year one thousand nine hundred ninety-six, were
certified by an ICRC/AODA board, or its equivalent, as approved by
the board. Those grandfathering into this license who do not possess a masters degree in a social services related field shall
be mandated to abide by the "limited" scope of practice described
herein.
(b) Any person issued a license pursuant to this section is
required to pay the license or renewal fees established in section
seven of this article.
§30-35-12. Professional identification.
(a) A person holding a license to practice professional
alcohol and drug counseling in this state may use the title
"licensed alcohol and drug counselor" and the abbreviation "LADC."
(b) A licensee shall either show his or her license or provide
a copy thereof within twenty-four hours of a request from an
employer or the board.
§30-35-13. Disciplinary criteria.
The board may revoke, suspend or refuse to renew any license,
or place on probation,or otherwise reprimand a licensee or permit
holder, or deny a license to an applicant if it finds that the
person:
(a) Is guilty of fraud or deceit in procuring or attempting to
procure a license or renewal of a license to practice professional
alcohol and drug counseling;
(b) Is unfit or incompetent by reason of negligence, habits or
other causes of incompetence;
(c) Is professionally impaired to a degree that impedes
professional behavior or violates accepted ethical standards;
(d) Is actively addicted to or is improperly obtaining,
possessing, using or distributing drugs illegally;
(e) Is convicted of a felony that materially affects the
person's ability to safely practice professional alcohol and drug
counseling;
(f) Is guilty of dishonest or unethical conduct as determined
by the board;
(g) Has practiced professional alcohol and drug counseling
after his or her license or permit has expired, been suspended or
revoked;
(h) Has practiced professional alcohol and drug counseling
under cover of any permit or license illegally or fraudulently
obtained or issued; or
(i) Has violated or aided or abetted others in violation of
any provision of this article.
§30-35-14. Complaint, investigation and hearing procedures.
(a) Upon filing with the board a written complaint charging a
person with being guilty of any of the acts described in section
thirteen of this article, the administrative secretary or other
authorized employee of the board shall provide a copy of the
complaint or list of allegations to the person about whom the
complaint was filed. That person has twenty days thereafter to
file a written response to the complaint. The board shall
thereafter, if the allegations warrant, make an investigation. If
the board finds reasonable grounds for the complaint, a time and
place for a hearing shall be set, notice of which shall be served
on the licensee, permit holder or applicant as least fifteen
calendar days in advance of the hearing date. The notice shall be
by personal service or by certified or registered mail sent to the last known address of the person.
(b) The board may petition the circuit court for the county
within which the hearing is being held to issue subpoenas for the
attendance of witnesses and the production of necessary evidence in
any hearing before it. Upon request of the respondent or of his or
her counsel, the board shall petition the court to issue subpoenas
in behalf of the respondent. The circuit court upon petition may
issue such subpoenas as it considers necessary.
(c) Unless otherwise provided in this article, hearing
procedures shall be promulgated in accordance with, and a person
who feels aggrieved by a decision of the board may take an appeal
pursuant to, the administrative procedures in this state as
provided in chapter twenty-nine-a of this code.
§30-35-15. Exemptions.
(a) A person is exempt from this article if the person does
not represent to the public, or health care financing agencies,
directly or indirectly, that the person is licensed under this
article and does not use any name, title or designation indicating
that the person is licensed under this article.
(b) This article does not apply to the activities or services
of: A licensed professional counselor, a licensed physician,
registered nurse, licensed psychologist, licensed social worker,
religious leader of a congregation providing pastoral alcohol and
drug counseling within the scope of his or her duties.
(c) Nothing in this article limits the activities and services
of a student, intern or resident in professional alcohol and drug
counseling seeking to fulfill educational requirements in order to qualify for licensing under this article, if the activities and
services are supervised as specified in this article, and that the
student, intern or resident in designated by a title "intern" or
"resident" or other designation of trainee status. Nothing in this
section permits students, interns or residents to offer their
services as professional alcohol and drug counselors to any other
person and to accept remuneration for such professional counseling
services other than as specifically excepted in this section,
unless they have been licensed under this article.
(d) Nothing in this article prohibits individuals not licensed
under the provisions of this article who work in self-help groups
or programs or volunteer organizations from providing services in
those groups, programs, organizations or health care financing
agencies, as long as those persons are not in any manner held out
to the public as a masters level licensed alcohol and drug
counselors (MLADC), or do not hold themselves out to the public by
any title or designation stating or implying that they are a
licensed alcohol and drug counselor (MLADC).
(e) An individual otherwise exempt under this section who
elects to obtain a license under this article must meet the same
eligibility and qualification requirements as any other applicant
for the appropriate license under this article.
§30-35-16. Practice of medicine prohibited.
Nothing in this article permits the practice of medicine.
NOTE: The purpose of this bill is to license the practice of
drug and alcohol counseling.
This article is new; therefore, strike-throughs and
underscoring have been omitted.