Substitute House Bill No. 6981
Substitute House Bill No. 6981
PUBLIC ACT NO. 97-186
AN ACT CONCERNING LICENSURE OF ALCOHOL AND DRUG
COUNSELORS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) For purposes of this act:
(1) "Commissioner" means the Commissioner of
Public Health;
(2) "Licensed alcohol and drug counselor"
means a person who meets the requirements of
subsection (c) of section 2 of this act or
subsection (a) of section 4 of this act;
(3) "Licensed associate alcohol and drug
counselor" means a person who meets the
requirements of subsection (d) of section 2 of
this act or subsection (b) of section 4 of this
act;
(4) "Practice of alcohol and drug counseling"
means the professional application of methods that
assist an individual or group to develop an
understanding of alcohol and drug dependency
problems, define goals, and plan action reflecting
the individual's or group's interest, abilities
and needs as affected by alcohol and drug
dependency problems;
(5) "Private practice of alcohol and drug
counseling" means the independent practice of
alcohol and drug counseling by a licensed alcohol
and drug counselor who is self-employed on a
full-time or part-time basis and who is
responsible for that independent practice;
(6) "Self-help group" means a voluntary group
of persons who offer peer support to each other in
recovering from an addiction; and
(7) "Supervision" means the direct review of a
person for the purpose of teaching, training,
administering, accountability or clinical review
by a supervisor in the same area of specialized
practice.
Sec. 2. (NEW) (a) Except as provided in
section 9 of this act, no person shall engage in
the practice of alcohol and drug counseling unless
licensed as either a licensed alcohol and drug
counselor pursuant to subsection (c) of this
section or a licensed associate alcohol and drug
counselor pursuant to subsection (d) of this
section.
(b) Except as provided in section 9 of this
act, no person shall engage in the private
practice of alcohol and drug counseling for a fee
unless (1) licensed as a licensed alcohol and drug
counselor pursuant to subsection (c) of this
section, or (2) licensed as an associate alcohol
and drug counselor pursuant to subsection (d) of
this section and under the supervision of a
licensed alcohol and drug counselor.
(c) To be eligible for licensure as a licensed
alcohol and drug counselor, an applicant shall (1)
have attained a master's degree from an accredited
institution of higher education with a minimum of
eighteen graduate semester hours in counseling or
counseling-related subjects, and (2) be licensed,
or have met all the requirements for licensure, as
a licensed associate alcohol and drug counselor.
(d) To be eligible for licensure as a licensed
associate alcohol and drug counselor, an applicant
shall have (1) completed three hundred hours of
supervised practical training in alcohol and drug
counseling that the commissioner deems acceptable;
(2) completed three years of supervised paid work
experience or unpaid internship that the
commissioner deems acceptable that entailed
working directly with alcohol and drug clients,
except that a master's degree may be substituted
for one year of such experience; (3) completed
three hundred sixty hours of commissioner-approved
education, at least two hundred forty hours of
which relates to the knowledge and skill base
associated with the practice of alcohol and drug
counseling; (4) successfully completed an oral
examination on the applicant's written case
presentation; and (5) successfully completed a
written examination provided by the commissioner,
which may be a written examination administered by
a nationally recognized alcohol and drug
counseling certification organization.
Sec. 3. (NEW) (a) The commissioner shall grant
a license as a alcohol and drug counselor to any
applicant who furnishes satisfactory evidence that
he has met the requirements of subsection (c) of
section 2 or section 5 of this act. The
commissioner shall develop and provide application
forms. The application fee shall be two hundred
fifty dollars.
(b) Renewal of a license issued under
subsection (a) of this section may be made
annually pursuant to section 19a-88 of the general
statutes, as amended by section 10 of this act,
for a fee of two hundred fifty dollars and upon
presentation by the renewal applicant of evidence
satisfactory to the commissioner of completion of
any continuing education requirements established
pursuant to section 7 of this act.
(c) The commissioner shall grant a license as
an associate alcohol and drug counselor to any
applicant who furnishes satisfactory evidence that
he has met the requirements of subsection (d) of
section 2 or section 5 of this act. The
commissioner shall develop and provide application
forms. The application fee shall be two hundred
fifty dollars.
(d) Renewal of a license issued under
subsection (c) of this section may be made
annually pursuant to section 19a-88 of the general
statutes, as amended by section 10 of this act,
for a fee of two hundred fifty dollars and upon
presentation by the renewal applicant of evidence
satisfactory to the commissioner of completion of
any continuing education requirements established
pursuant to section 7 of this act.
(e) The commissioner may contract with a
qualified private organization for services that
include (1) providing verification that applicants
for licensure have met the education, training and
work experience requirements under this act; and
(2) any other services that the commissioner may
deem necessary.
Sec. 4. (NEW) (a) Any person who has attained
a master's level degree and is certified by the
Department of Mental Health and Addiction Services
as a substance abuse counselor on October 1, 1997,
shall be deemed a licensed alcohol and drug
counselor. Any person so deemed shall be
considered licensed until October 1, 1998, and
shall, in order to remain licensed, renew his
license pursuant to section 19a-88 of the general
statutes, as amended by section 10 of this act,
for a fee of two hundred fifty dollars and upon
presentation by the renewal applicant of evidence
satisfactory to the commissioner of completion of
any continuing education requirements established
pursuant to section 7 of this act.
(b) Any person who has not attained a master's
level degree and is certified by the Department of
Mental Health and Addition Services as a substance
abuse counselor on October 1, 1997, shall be
deemed a licensed associate alcohol and drug
counselor. Any person so deemed shall be
considered licensed until October 1, 1998, and
shall, in order to remain licensed, renew his
license pursuant to section 19a-88 of the general
statutes, as amended by section 10 of this act,
for a fee of two hundred fifty dollars and upon
presentation by the renewal applicant of evidence
satisfactory to the commissioner of completion of
any continuing education requirements established
pursuant to section 7 of this act.
(c) Any person who is not certified by the
Department of Mental Health and Addiction Services
as a substance abuse counselor on October 1, 1997,
who (1) documents to the department that he has a
minimum of five years full-time or eight years
part-time paid work experience, under supervision,
as an alcohol and drug counselor, and (2)
successfully passes a commissioner-approved
written examination no later than October 1, 1998,
shall be deemed a licensed associate alcohol and
drug counselor. Any person so deemed shall be
considered licensed until October 1, 1999, and
shall, in order to remain licensed, renew his
license pursuant to section 19a-88 of the general
statutes, as amended by section 10 of this act,
for a fee of two hundred fifty dollars and upon
presentation by the renewal applicant of evidence
satisfactory to the commissioner of completion of
any continuing education requirements established
pursuant to section 7 of this act.
Sec. 5. (NEW) The commissioner may grant a
license without examination to any applicant who,
at the time of application, is licensed or
certified by a governmental agency or private
organization located in another state, territory
or jurisdiction whose standards, in the opinion of
the commissioner, are substantially similar to, or
higher than, those of this state.
Sec. 6. (NEW) No person shall assume,
represent himself as, or use the title or
designation "alcoholism counselor", "alcohol
counselor", "alcohol and drug counselor",
"alcoholism and drug counselor", "licensed
clinical alcohol and drug counselor", "licensed
alcohol and drug counselor", "licensed associate
alcohol and drug counselor", "certified alcohol
and drug counselor", "chemical dependency
counselor", "chemical dependency supervisor" or
any of the abbreviations for such titles, unless
licensed under section 3 or 4 of this act and
unless the title or designation corresponds to the
license held.
Sec. 7. (NEW) (a) The commissioner shall:
(1) Examine and pass on the qualifications of
all licensure applicants;
(2) Establish professional practice standards
for licensed alcohol and drug counselors and
licensed associate alcohol and drug counselors;
(3) Establish standards for the continuing
education of licensed alcohol and drug counselors
and licensed associate alcohol and drug
counselors, which shall not exceed forty hours
every two years;
(4) Examine, evaluate and supervise all
examinations and procedures as to whether or not
the examinations and procedures are as free as
possible from cultural and linguistic bias; and
(5) Annually publish a list of names and
addresses of all licensed alcohol and drug
counselors and licensed associate alcohol and drug
counselors who are licensed by the commissioner
under this act.
(b) The commissioner shall adopt regulations,
in accordance with chapter 54 of the general
statutes, to implement provisions of this act.
Sec. 8. (NEW) (a) The commissioner may conduct
investigations and take disciplinary action for
any of the following reasons: (1) Violation of any
of the provisions of this act or of any regulation
adopted thereunder or refusal to comply with any
such provision or regulation; (2) fraud or
material deception in obtaining a license; (3)
conviction of a felony; or (4) negligent,
incompetent or wrongful conduct in the practice of
alcohol and drug counseling.
(b) The commissioner may take any of the
following actions for cause as set forth in
subsection (a) of this section: (1) License
revocation; (2) license suspension; (3) issuance
of a letter of reprimand; or (4) placement of a
licensee on probationary status.
Sec. 9. (NEW) (a) Nothing in this act shall be
construed to apply to the activities and services
of a rabbi, priest, minister, Christian Science
practitioner or clergyman of any religious
denomination or sect, when engaging in activities
that are within the scope of the performance of
the person's regular or specialized ministerial
duties and for which no separate charge is made,
or when these activities are performed, with or
without charge, for or under the auspices or
sponsorship, individually or in conjunction with
others, of an established and legally cognizable
church, denomination or sect, and when the person
rendering services remains accountable to the
established authority thereof.
(b) Nothing in this act shall be construed to
apply to the activities and services of a person
licensed or certified in this state to practice
medicine and surgery, psychology, marriage
counseling, social work, clinical social work,
chiropractic, acupuncture, physical therapy,
occupational therapy, speech pathology and
audiology, nursing or any other profession
licensed or certified by the state, when acting
within the scope of the person's profession or
occupation and doing work of a nature consistent
with a person's training, provided the person does
not hold himself out to the public as possessing a
license issued pursuant to this act.
(c) Nothing in this act shall be construed to
apply to the activities and services of a student
intern or trainee in alcohol and drug counseling
who is pursuing a course of study in an accredited
institution of higher education or
commissioner-approved training course, provided
these activities are performed under supervision
and constitute a part of a commissioner-approved
course of study.
(d) Nothing in this act shall be construed to
apply to the activities and services of paid
alcohol and drug counselors who are working under
supervision.
(e) Nothing in this act shall be construed to
prevent a person from engaging in or offering
self-help or other uncompensated alcohol and drug
counseling assistance.
Sec. 10. Subsection (e) of section 19a-88 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) Each person holding a license or
certificate issued under THIS ACT, section 19a-514
and chapters 370 to 373, inclusive, 375, 378 to
381a, inclusive, 383 to 388, inclusive, 393a, 395,
398, 399 or 400a and section 20-206n or 20-206o
shall, annually, during the month of his birth,
apply for renewal of such license or certificate
to the Department of Public Health, giving his
name in full, his residence and business address
and such other information as the department
requests. Each person holding a license or
certificate issued pursuant to section 20-475 or
20-476 shall, annually, during the month of his
birth apply for renewal of such license or
certificate to the department. Each entity holding
a license issued pursuant to section 20-475 shall,
annually, during the anniversary month of initial
licensure, apply for renewal of such license or
certificate to the department.
Sec. 11. Subsection (c) of section 19a-14 of
the general statutes is amended by adding
subdivision (18) as follows:
(NEW) (18) Licensed or associate licensed
alcohol and drug counselor.
Approved June 26, 1997