Ohio Administrative Code 4758 — Chemical Dependency Professionals Board

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Chapter 4758-1 Administrative Rules

Ohio Adm.Code 4758-1-01 Adoption of rules/methods of publicnotice.

(A) In addition to public notice given in the register of Ohio the board may give public notices pursuant to section 119.03 of the Revised Code, by placing such notice on the board's website and remaining there until the public hearing record is closed.

(B) Any person may ascertain the time and place of any regularly scheduled meetings of the board and the time, place, and purpsoe of any special meeting of the board by any one of the following methods:

(1) Viewing the current meeting schedules on the board's website; or

(2) Upon request if the request complies with the following:

(a) Requestor provided the board with self-addressed, stamped envelopes:

(b) The request was made with reasonable advance notice; and

(c) The requestor paid any reasonable fees set by the board, if required.

Last updated July 5, 2023 at 2:55 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03

Chapter 4758-2 Definitions

Ohio Adm.Code 4758-2-01 Definitions, abbreviations and titles.

In addition to the definitions set forth in Chapter 4758. of the Revised Code, the following meanings shall apply to all rules promulgated by the chemical dependency professionals board, unless the word or term is explicitly defined or used in different manner in a specific paragraph under one of the provisions.

(A) The board adopts the following titles and meanings:

(1) "CDCA" means Ohio chemical dependency counselor assistant.

A CDCA designated as a preliminary certificate means a certificate that cannot be renewed.

(2) "LCDC II" means Ohio licensed chemical dependency counselor II.

(3) "LCDC III" means Ohio licensed chemical dependency counselor III.

(4) "LICDC" means Ohio licensed independent chemical dependency counselor.

(5) "LICDC-CS" means Ohio licensed independent chemical dependency counselor clinical supervisor.

(6) "RA" means a registered applicant for prevention certification.

(7) "OCPSA" and "CPSA" means Ohio certified prevention specialist assistant.

(8) "OCPS," and "CPS" means Ohio certified prevention specialist.

(9) "OCPC" and "CPC" means Ohio certified prevention consultant.

(B) "Accredited school or university" means a school, college university or educational institution accredited by a state or national accrediting agency accepted by the Ohio department of higher education.

(C) "Applicant" means a person who has formally requested an initial or renewal license, certificate, or endorsement with the board.

(D) "Application" means an initial or renewal application properly filed online with the board for a license, certificate, or endorsement that included all the information, documentation, and other requirements for processing the application.

(E) "Behavioral science degree" is defined as a course of study at an accredited school or university, which includes the study of human behavior or nursing as a focus verified by one of the following:

(1) A degree in human services, addiction/substance use disorders, social work, psychology, sociology, criminal justice, clinical counseling, school counseling, human development and family sciences, public health or nursing; or

(2) Twenty-four semester hours within a required associates, bachelors or master's degree in a combination of any of the following courses: human services, addiction studies, substance use disorders, social work, criminal justice, corrections, psychology, child development, counseling, vocational rehabilitation counseling, sociology, public health, health promotion, personal health that included substance use, education, gender studies, diversity, equity and inclusion, or additional courses approved by the board.

(F) "Board" means the Ohio chemical dependency professionals board.

(G) "Certify" means the process of formalizing an action by the board.

(H) "CEU" means continuing education unit.

(I) "Chemical dependency counselor" means a person who holds a chemical dependency counselor certificate or license from the board.

(J) "Client" or "patient" means any person or entity seeking or assigned the services regardless of the chemical dependency counselor's setting.

(K) "Code of Ethics" is the minimum standard of practice required of substance use disorder counselors, prevention professionals or clinical supervisors.

(L) "Complainant" means a person who filed a grievance with the board against an applicant, certificate holder or licensee under the board's jurisdiction after the grievance has been certified by the board to a complaint.

(M) "Complaint" is a formal charge by the board against an applicant, certificate holder, or licensee under the board's jurisdiction.

(N) "Consumer" means any person or entity seeking or assigned the services regardless of the prevention professional's setting.

(O) "Contact hour" means one clock or CEU hour.

(P) "Core Functions"

(1) The core functions defined by IC&RC are the following:

(a) Screening, assessment and engagement, including intake, orientation;

(b) Treatment planning, collaboration, and referral, including consultation, client education, and case management;

(c) Counseling, including individual, group, family, and crisis intervention; and

(d) Professional and ethical responsibilities, including reports and record keeping.

(2) The core functions that are clinical are the following: assessment, treatment planning, counseling that is individual, group, or family, and crisis intervention.

(Q) "Course" or "Coursework" means a course at an accredited school or univeristy in which the applicant received credit.

(R) "Credential/credentialed" means a valid license or certificate to practice substance use disorder counseling or prevention under Chapter 4758. of the Revised Code.

(1) "Valid" and "active" means a license or certificate in which the credential holder may practice and may be used interchangeably, and have the same meaning.

(2) "Inactive" means a license or certificate in which the credential holder may not practice.

(a) "Escrow" means the license or certificate holder elected not to continue to practice but may be reinstated as active.

(b) "Lapsed" means the licensee or certificate holder may not continue to practice for failure to fulfill all requirements for renewal but may be reinstated as active.

A preliminary CDCA certificate may lapse for failing to submit a timely application for a CDCA renewable certificate.

(c) "Expired" means the licensee or certificate holder may not practice for failure to timely comply with all requirements for renewal or application and may not be reinstated or renewed as active.

(S) "Gambling disorder" means a persistent and recurring maladaptive gambling behavior that is classified in accepted nosologies, including the diagnostic and statistical manual of mental disorders and the international classification of diseases, and in editions of those nosologies published after the effective date of this rule.

(T) "Grievance" is the filing of an allegation with the board against an applicant, certificate holder, or licensee under the board's jurisdiction.

(U) "Grievant" means a person who filed a grievance with the board against an applicant.

(V) "Hearing officer" means a person appointed by the board who presides over an appeal hearing.

(W) "IC&RC" means the international certification and reciprocity consortium.

(X) "IC&RC domain" means the performance domain established by IC&RC through their job analysis process for examinations. Domains include identified tasks, knowledge and skills which provide the basis for examination questions.

(Y) "Impaired or impairment" is defined by the presence of substance use disorder, mental illness or other debilitating conditions that impacts the ability to practice according to acceptable and prevailing standards of care without appropriate treatment, monitoring, or supervision.

"Safe Haven" means a confidential, non-disciplinary program for the evaluation, monitoring and treatment of eligible practitioners who need assistance with a potential or existing impairment.

(Z) "Mental illness" means mental and/or emotional disorder(s) that are classified in accepted nosologies such as the international classification of diseases and the diagnostic and statistical manual of mental disorders and in future editions of those nosologies.

(AA) "Military personnel" are persons, as defined in section 4743.041 of the Revised Code, that are serving in the active guard and reserve, military duty, or uniform services.

(BB) "Multiple relationship" is defined as any financial, social, emotional, supervisory, political, administrative, legal or sexual relationship between a licensee or certificate holder and their client/consumer which might impair professional judgment or increase the risk of client/consumer exploitation.

(CC) "One quarter hour" equals ten clock hours.

(DD) "One semester hour" equals fifteen clock hours.

(EE) "Probation" and "Parole" includes, but is not limited to, post-release control. community control, intervention in lieu of convictions, deferred adjudication, restitution, offender registration.

(FF) "Prevention services" means a planned sequence of culturally relevant, evidenced-based strategies; which are designed to reduce the likelihood of or delay the onset of mental, emotional, and behavioral disorders. Prevention services shall:

(1) Be intentionally designed to reduce risk or promote health before the onset of a disorder;

(2) Be population-focused and targeted to specific levels of risk;

(3) Be reserved for interventions designed to reduce the occurrence of new cases of mental, emotional and behavioral disorders, and not be used for clinical assessment, treatment, relapse and recovery support services, or medications of any type.

(GG) "Reciprocity" means the ability to transfer an individual's credentials to or from an IC&RC member board or another entity as approved by the board.

(HH) "Reprimand" means a sanction that is a formal, written, published reproof issued to a respondent whom the board has determined has breached the code of ethics.

(II) "Respondent" means an applicant, certificate holder or licensee who becomes the subject of a grievance or complaint.

(JJ) "Revocation" means a sanction resulting in the complete forfeiture of the certificate or license without the possibility of reinstatement unless otherwise determined by the board.

(KK) "Scope of Practice" means the services, methods, and techniques for which a person who holds a certificate, license, or endorsement is trained and qualified as identified in Chapter 4758. of the Revised Code and agency 4758 of the Administrative Code.

(1) "Substance use disorder" as defined by the applicable Diagnostic and Statistical Manual of Mental Disorders (DSM) and can refer to alcohol and other drugs.

(2) "Substance" and "chemical" may be used interchangeably and have the same meaning.

(3) "Substance use disorder," "addiction," and "chemical dependency" may be used interchangeably and have the same meaning.

(LL) "Substance Use Disorder clinical counseling principles, methods, or procedures" includes counseling, assessing, consulting, and referral as they relate to substance use disorder conditions, and may also include the core functions and may include other accepted principles of counseling, as such principles may apply to the treatment of individuals with substance use disorder. The methods or procedures of counseling may include those specific categories of service or intervention as defined by the Ohio department of mental health and addiction services or other regulating or funding entities, so long as such procedures are applied to persons with substance use disorder and fall within the scopes of practice.

(MM) "Sufficient specificity" information, facts, and/or evidence whereby a reasonable person within the profession can determine the matter in which it references based on the detail, scope, clarity, and/or description given.

(NN) "Supervised internship experience" means an completed internship, practicum or field placement that is verified by transcript as as part of a accrediated school or university degree program.

(OO) "Suspension" means a sanction resulting in the temporary inactive status for a period of time determined by the board.

(PP) "Work":

(1) For a CDCA, LCDC II, LCDCIII, LICDC, or LICDC-CS, "work" shall mean work experience, supervised internship, or supervised apprenticeship in:

(a) "Work experience" means compensated employment in:

(i) Services rendered in substance use disorder treatment within a scope of practice to perform such services;

(ii) The practice of psychology, as defined in section 4732.01 of the Revised Code; or

(iii) The practice of professional counseling, the practice of social work, or the practice of marriage and family therapy, all as defined in section 4757.01 of the Revised Code.

(b) An internship means a course or courses from an accredited school or university that is verified by a transcript.

(c) A supervised apprenticeship means:

(i) An Ohio apprenticeship under division 5101:11 of the Adminstrative Code that is approved by the board;

(ii) Limited to services rendered in substance use disorder treatment; and

(iii) Commenced after obtaining a HS diploma or GED.

(2) For prevention services, "work" shall mean:

(a) Compensated or uncompensated work providing prevention services for an OCPSA or OCPS certificate.

(b) Compensated work providing prevention services for an OCPC certificate, which includes administering and supervising the services.

(3) An "internship," "practicum," and "field experience" may be used interchangeably and have the same meaning.

(QQ) "Unauthorized practice" means engaging in activities for which a license, certificate, or endorsement is required under Chapter 4758. of the Revised Code.

(1) Without holding a valid license, certificate, or endorsement to engage in such activity, or

(2) Engaging in activities outside the scope of practice of a valid license certificate, or endorsement issued under Chapter 4758. of the Revised Code.

Last updated July 5, 2023 at 2:55 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03

Chapter 4758-3 Fees

Ohio Adm.Code 4758-3-01 Fees.

License fees shall be established by the board in amounts not to exceed the maximum allowable under Chapter 4758. of the Revised Code. Fees are subject to change by action of the board, the controlling board, and/or the general assembly.

(A) Fees shall be paid by , credit card unless otherwise specified by the board's executive director on a case-by-case basis for extenuating circumstances.

(B) Fees shall be submitted at the time of the initial application.

(C) Fees are non-refundable.

(D) The fees are as follows:

Application Fees

FormalApplication$50.00
Conversion Application$50.00
Reciprocal Certificate Application$50.00
Registered Applicant$25.00
Renewal Application$150.00
Renewal Application submitted after the license or certificatelapse date$175.00
Part-time 65 years+ Renewal Application$75.00
Part-time 65 years+ Renewal Application submitted after thelicense or certificate lapse date$100.00
CEUProgram Sponsor Application$20.00per application, $5.00 for each CEU hour after the first hour/per daytraining.$60.00 Multi-sessions' trainings.$350.00 for CDCA course approvalgood for two years. A twenty-dollar late fee shall be charged for any programsponsor application not received by the board at least thirty days before thetraining.
CEU ProviderStatus Application$400.00 per oneyear or $700.00 per two years
Master's Endorsement Application$500.00 good for threeyears

Other Fees

Replacement/Duplicate Certificate/License$10.00
Inactive, Escrow Status$75.00
Failed Audit (with less than 15 hours required)$50.00
Failed Audit (with more than 15 hours required)$100.00
Failed Audit meeting all requirements except missing requiredEthics or Supervision or other endorsement requirements$50.00

Last updated July 5, 2023 at 2:55 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03

Chapter 4758-4 Application for Licensure or Certification

Ohio Adm.Code 4758-4-01 Formal application for licensure or certification.

(A) All applicants for initial licensure, certification or endorsement shall file with the executive director of the board a formal application on a form prescribed by the board. Any person who knowingly makes a false statement on an application may be found guilty of falsification under section 2921.13 of the Revised Code, a misdemeanor of the first degree. Applications shall be maintained for one year from the date of receipt by the board. Submitted applications which remain incomplete after one year shall be considered abandoned. The license application and fee shall be forfeit and individuals seeking licensure or certification shall be required to re-apply.

(1) The formal application contains all documentation necessary to be licensed or certified at a particular level and consists of, at a minimum, the following:

(a) Formal application through the board's on-line electronic application platform.

(b) Grade transcripts showing all coursework and/or academic degrees necessary to meet the education requirements for the license or certification for which the applicant is applying.

(i) Such transcripts shall bear the official seal of the college or university and the signature of the registrar. The applicant shall bear sole responsibility for transcripts sent directly from the college or university to the board office.

(ii) If an applicant's transcript does not clearly indicate that he/she meets the education requirements for the license or certificate for which they are applying, the applicant shall provide additional information about their coursework in a manner prescribed by the board.

(c) Documentation of hours of volunteer or paid work experience when applicable. Statements on a form prescribed by the board to document all professional employment paid work experience, supervised internship, or if applicable, volunteer work experience, required by any rule under this chapter for licensure or certification by the board. Statements, if required, shall be completed by the person(s) who supervised the required professional employment experience according to the applicant's scope of practice, or who are judged by the board to be in a position to make a professional judgment about the nature of the applicant's duties, the quality of their work, and number of hours worked. This includes related position descriptions that are signed by the supervisor.

(d) Documentation of required hours of specific education and training. This includes original transcript(s) of college or university courses taken, certificates of attendance of board approved continuing education, and any other documentation the board deems appropriate.

(e) The required non-refundable fee.

(f) Documentation of felony charges or convictions which includes a BCI background check or any additional information as requested from the applicant including but not limited to a complete criminal background check. BCI background checks are not required if the applicant:

(i) Holds another behavioral health license in the state of Ohio where the licensee can supervise a license or certificate holder under this chapter;

(ii) Holds an active peer supporter certification and a BCI background check was completed and provided as part of the peer supporter application within the last two years; or

(iii) Has held a continuous active license or certificate under this chapter without any convictions.

(2) Felony and misdemeanor charges or convictions shall be reviewed by the board before the application process can proceed. Applicants for any license or certification issued by the board shall meet the board's requirements for criminal convictions as established under section 9.79 of the Revised Code.

(3) Applicants will not be considered if:

(a) Currently incarcerated for a felony conviction.

(b) Currently on probation, parole, or community control including in lieu of convictions.

(c) Offense was drug or alcohol related and occurred less than one year ago.

(4) The board strongly encourages applicants to apply only after achieving at least one year of consecutive sobriety.

(5) The board shall review the formal application. As a result of this review, the board shall notify the applicant of one of the following:

(a) An approval of a certification or license,

(b) An approval to schedule for examination(s),

(c) The need for additional documentation, or

(d) Proposed denial of the application.

(B) Examinations:

(1) Examinations are issued on an international basis and test required knowledge and skills. The board shall serve as the liaison for the administration of the examinations in the state of Ohio.

(2) Exams are scored by an outside testing company approved by the board.

(3) Upon fulfillment of the required eligibility requirements and completion of the appropriate process, as outlined in this rule, the board will notify applicants of scheduling procedures and other relevant information. Applicants are required to take the examination within one year from the date of approval of the formal application.

(4) Individuals requesting accommodations under the Americans with Disabilities Act (ADA) that require modifications to the test administration may make a written request for modification to the board no fewer than forty-five days prior to scheduling the exam test date. The exam candidate shall provide written documentation of the accommodations under the Americans for Disabilities Act requiring modifications to the test administration from a health care professional on the board required form. Individuals requesting modified accommodations for exams may be required to apply with opportunities for Ohioans with disabilities for job assistance regarding professional examinations.

(C) Conversion applications:

(1) Individuals who hold a valid license or certificate with the board may convert their credential to a higher level, when applicable, by completing the appropriate conversion application.

(2) Licensees or certificate holders shall fulfill all eligibility requirements for the level to which they are applying. These requirements shall be documented according to the procedures outlined in the conversion application.

(D) Endorsement applications:

(1) Individuals who hold a valid LCDC II, LCDC III, LICDC or LICDC-CS with the board may apply for a gambling disorder endorsement by completing the appropriate endorsement application.

(2) Licensees shall fulfill all eligibility requirements for the endorsement. These requirements shall be documented according to the procedures outlined in the endorsement application.

Last updated April 3, 2024 at 2:24 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-4-04 Examination remediation.

(A) After three consecutive failed attempts and before testing for a fourth time, a candidate shall complete one of the following remedial actions:

Submit a remedial action plan on a form prescribed by the board.

(B) Upon receipt of the remedial action plan, the board shall approve or amend the plan and notify the candidate.

(C) The candidate shall provide the board with proof of successful completion of the remedial action plan.

(D) Upon receipt and acceptance of proof of completion, the board will authorize the candidate to re-test.

(E) After three years from approval to take an examination, a candidate who has not passed the examination will not be able to re-test and the application will close.

Last updated April 3, 2024 at 2:24 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03

Chapter 4758-5 Licensure and Certification Requirements

Ohio Adm.Code 4758-5-01 Requirements for certification of chemical dependency counselor assistants (CDCA).

The chemical dependency counselor assistant (CDCA) certificate is obtained first as a thirteen-month, non-renewable preliminary certification before application for the subsequent two-year, renewable certification.

(A) To be certified as a chemical dependency counselor assistant (CDCA) for a preliminary, non-renewable thirteen-month period, an applicant shall:

(1) Be eighteen years of age and hold a high school diploma or equivalent;

(2) Submit a formal application, including:

(a) Suitable documentation provided in a manner specified by the board;

(b) An application fee; and

(c) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board.

(3) Complete forty hours of approved substance use disorder specific education which meets the education content and minimum hours as follows:

(a) Substance use disorder and recovery knowledge (five hours)

(b) Counseling procedures and strategies as applied to those with substance use disorder (fourteen hours)

(c) Group process and techniques (five hours)

(d) Assessment and diagnosis of substance use disorder (three hours)

(e) Treatment planning (seven hours)

(f) Legal and ethical issues pertaining to substance use disorder professionals (six hours)

A minimum of one hour must be completed in an ethics course specified by the board.

(4) Substance use disorder specific education hours listed in paragraphs (A)(3)(a) to (A)(3)(f) of this rule must meet the following requirements:

(a) Continuing education coursework from board approved continuing education provider entities, at least fifty per cent of which the total was completed within two years from the date of application;

(b) College coursework verified on an official college or university transcript in which at least fifty percent of the total coursework was completed within five years from the date of application; or

(c) A combination of continuing education and college coursework as described in paragraphs (A)(4)(a) and (A)(4)(b) of this rule in which at least fifty per cent of the coursework has been completed in the last two years.

(5) The preliminary CDCA certification will be granted for thirteen months.

(B) Each individual who holds a preliminary CDCA certification shall complete an application for the CDCA renewable certificate not sooner than ten months from the date the preliminary certificate becomes active and not later than one year after that preliminary CDCA certificate lapses, meeting the following requirements:

(1) Complete thirty hours of approved substance use disorder specific education which meets the education content and minimum hours as follows:

(a) Substance use disorder and recovery knowledge (five hours)

(b) Counseling procedures and strategies with as applied to those with substance use disorder (eight hours)

(c) Group process and techniques (five hours)

(d) Assessment and diagnosis of substance use disorder (five hours)

(e) Treatment planning (six hours)

(f) Legal and ethical issues pertaining to substance use disorder professionals (three hours)

(2) Substance use disorder specific education listed in paragraphs (B)(1)(a) to (B)(1)(f) of this rule must meet the following requirements:

(a) Continuing education coursework from board approved continuing education provider entities which is completed within the first twelve months the individual holds the CDCA preliminary certificate;

(b) College coursework verified on an official college or university transcript in which at least fifty per cent of the total coursework was completed within five years from the date of application;

(c) A combination of continuing education and college coursework as described in paragraphs (B)(3)(a) and (B)(3)(b) of this rule; and

(d) Does not duplicate the same coursework submitted for approval of the preliminary CDCA certificate.

(C) Failure to complete the requirements in paragraph (B) of rule 4758-5-01 of the Administrative Code shall result in a lapse of the individual's preliminary CDCA certification. Individuals whose CDCA preliminary certification is lapsed beyond one year shall be required to reapply and meet all requirements for CDCA preliminary certification.

Last updated April 3, 2024 at 2:40 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-03 Requirements for licensure of chemical dependency counselors II (LCDC II).

To be licensed as a chemical dependency counselor II (LCDC II) the applicant shall:

(A) Submit a formal application, including:

(1) Suitable documentation;

(2) An application fee;

(3) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board; and

(4) A recommendation and suitable documentation as follows:

(a) Provided directly from the applicant's supervisor.

(b) Provided in a manner specified by the board.

(B) After approval of the application by the board, receive a passing score on the IC&RC (ADC) or other board approved alcohol and drug counselor examination

(C) Complete either paragraph (C)(1) or (C)(2) of this rule:

(1) Provide official transcript from an accredited school or university that verifies one of the following:

(a) An associates degree in a behavioral science or nursing; or.

(b) Any bachelor's degree.

(2) Continuously held and actively worked under a valid CDCA certificate that was maintained in good standing since December 31, 2008 and complete paragraphs (D)(1) and (F)(1) of this rule.

(D) Complete the hours in either paragraph (D)(1) or (D)(2) of this rule of work, which includes a minimum of twenty percent of those hours in the clinical core functions of substance use disorder treatment services;

(1) Complete two thousand hours of work experience or a combination of work experience plus a supervised internship or supervised apprenticeship

A minimum of two hundred and twenty hours of work in the core functions in paragraph (E) of this rule.

(2) Complete one thousand hours of work:

(a) A minimum of two hundred and twenty hours of work in the core functions in paragraph (E) of this rule.

(b) In addition to the hours, complete an internship

(i) Suitable documentation, provided in a manner specified by the board, is provided.

(ii) Completion at a site that provides experience in substance use disorder intensive outpatient treatment or higher-level care,

(iii) A minimum of two hours per week of clinical supervision,

(iv) Completion of two hundred and forty hours within two semesters, not to exceed three years, and

(v) Completion while holding an active CDCA certificate.

(E) The core functions and minimum hours as follows:

(1) Screening, assessment, and engagement: Forty hours and twenty-five hours must be in assessment;

(2) Treatment planning, collaboration, and referral: Seventy hours and thirty-five hours must be in treatment planning;

(3) Counseling: Ninety hours and thirty-five hours must be of individual and thirty-five hours of group; and

(4) Professional and ethical responsibilities: twenty hours.

(F) Complete the hours of approved education in paragraph (G) of this rule, as follows:

(1) In addition to paragraph (D)(1) of this rule, one hundred eighty hours of education.

(a) Must be substance use disorder specific education;

(b) Fifty per cent of the total hours shall be completed within five years from the date of application; and

(c) Completion may be through:

(i) Board approved continuing education units (CEU)

(ii) Courses completed from an accredited school or university, or

(iii) A combination of paragraphs (F)(1)(c)(i) and (F)(1)(c)(ii) of this rule.

(2) In addition to paragraph (D)(2) of this rule, one hundred eighty hours of education.

(a) Fifty per cent of the total hours shall be completed within three years from the date application, and

(b) From an accredited school or university that is compliant with division (C)(3) of section 4758.42 of the Revised Code.

(G) The education content and minimum hours as follows:

(1) Substance use disorder and recovery knowledge (twenty-four hours);

(2) Counseling procedures and strategies as applied to those with substance use disorder (thirty hours);

(3) Group process and techniques (eighteen hours);

(4) Assessment and diagnosis of substance use disorder (twenty-four hours);

(5) Family dynamics (twenty-four hours);

(6) Pharmacology (eighteen hours, with six hours specific to medication assisted treatment/recovery);

(7) Relapse and recovery strategies (six hours);

(8) Treatment planning (eighteen hours); and

(9) Legal and ethical issues pertaining to substance use disorder professionals (eighteen hours).

(H) The board shall have sole discretion to determine if documentation submitted is suitable.

Last updated July 5, 2023 at 2:57 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-04 Requirements for licensure of chemical dependency counselors III (LCDC III).

To be licensed as a chemical dependency counselor III (LCDC III) the applicant shall :

(A) Submit a formal application, including:

(1) Suitable documentation;

(2) An application fee;

(3) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board; and

(4) A recommendation and suitable documentation as follows:

(a) Provided directly from the applicant's supervisor.

(b) Provided in a manner specified by the board.

(B) After approval of the application by the board, receive a passing score on the IC&RC (ADC) or other board approved alcohol and drug counselor examination, or provide documentation of a valid license, certificate, or credentials issued under another chapter of the Revised Code that authorizes the individual to engage in a profession whose scope of practice includes substance use disorder counseling and diagnosing and treating substance use disorder conditions.

(C) Provide official transcript from an accredited school or university that verifies a bachelor's degree or higher degree in a behavioral science or nursing.

(D) Complete the hours of work, which includes a minimum of twenty percent of those hours in the clinical core functions of substance use disorder treatment services;

Complete two thousand hours of work experience or a combination of work experience plus a supervised internship or supervised apprenticeship.

A minimum of two hundred and twenty hours of work in the core functions in paragraph (E) of this rule.

(E) The core functions and minimum hours as follows:

(1) Screening, assessment, and engagement: Forty hours and twenty-five hours must be in assessment;

(2) Treatment planning, collaboration, and referral: Seventy hours and thirty-five hours must be in treatment planning;

(3) Counseling: Ninety hours and thirty-five hours must be of individual and thirty-five hours of group; and

(4) Professional and ethical responsibilities: twenty hours.

(F) Complete the hours of approved education in paragraph (G) of this rule, as follows:

In addition to paragraph (D)(1) of this rule, one hundred eighty hours of education.

(1) Must be substance use disorder specific education;

(2) Fifty per cent of the total hours shall be completed within five years from the date of application; and

(3) Completion may be through:

(a) Board approved continuing education units (CEU)

(b) Courses completed from an accredited school or university, or

(c) A combination paragraphs (F)(1)(c)(i) and (F)(1)(c)(ii) of this rule.

(G) The education content and minimum hours as follows:

(1) Substance use disorder and recovery knowledge (twenty-four hours);

(2) Counseling procedures and strategies as applied to those with substance use disorder (thirty hours);

(3) Group process and techniques (eighteen hours);

(4) Assessment and diagnosis of substance use disorder (twenty-four hours);

(5) Family dynamics (twenty-four hours);

(6) Pharmacology (eighteen hours, with six hours specific to medication assisted treatment/recovery);

(7) Relapse and recovery strategies (six hours);

(8) Treatment planning (eighteen hours); and

(9) Legal and ethical issues pertaining to substance use disorder professionals (eighteen hours).

(H) The board shall have sole discretion to determine if documentation submitted is suitable.

Last updated July 5, 2023 at 2:57 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-05 Requirements for licensure of independent chemical dependency counselors (LICDC).

To be licensed as an independent chemical dependency counselor (LICDC) the applicant shall:

(A) Submit a formal application, including:

(1) Suitable documentation;

(2) An application fee;

(3) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board; and

(4) A recommendation and suitable documentation as follows:

(a) Provided directly from the applicant's supervisor.

(b) Provided in a manner specified by the board.

(B) After approval of the application by the board, receive a passing score on the IC&RC (ADC) or other board approved alcohol and drug counselor examination, or provide documentation of a valid license, certificate, or credentials issued under another chapter of the Revised Code that authorizes the individual to engage in a profession whose scope of practice includes substance use disorder counseling and diagnosing and treating substance use disorder conditions.

(C) Provide official transcript from an accredited school or university that verifies a master's degree or higher degree in a behavioral science or nursing.

(D) Completion of at least one of the following:

(1) Coursework obtained within the masters or higher graduate degree as specified in paragraphs (D)(1)(a) to (D)(1)(e) of this rule. The board may also consider up to three graduate courses completed after the masters or higher graduate degree was attained to meet the requirements of paragraphs (D)(1)(a) to (D)(1)(e) of this rule;

(a) Counseling theories (forty clock hours);

(b) Individual and group counseling procedures (eighty clock hours with a minimum of twenty clock hours in individual counseling and twenty clock hours in group counseling);

(c) Fundamentals of assessment and diagnosis and psychopathology (ninety clock hours);

(d) Cultural humility (thirty clock hours); and

(e) Ethics (thirty clock hours).

(2) Masters degree or higher from an accredited program from an accredited school or university as follows:

(a) Addiction/substance use disorder counseling;

(b) Clinical counseling;

(c) Clinical psychology;

(d) Counseling psychology;

(e) Pediatrics psychology; or

(f) Social work.

(E) Complete the hours of work, which includes a minimum of twenty per cent of those hours in the clinical core functions of substance use disorder treatment services;

Complete two thousand hours of work experience or a combination of work experience plus a supervised internship or supervised apprenticeship.

A minimum of two hundred and twenty hours of work in the core functions in paragraph (F) of this rule.

(F) The core functions and minimum hours as follows:

(1) Screening, assessment, and engagement: Forty hours and twenty-five hours must be in assessment;

(2) Treatment planning, collaboration, and referral: Seventy hours and thirty-five hours must be in treatment planning;

(3) Counseling: Ninety hours and thirty-five hours must be of individual and thirty-five hours of group; and

(4) Professional and ethical responsibilities: Twenty hours.

(G) Complete the hours of approved education in paragraph (H) of this rule, as follows:

(1) In addition to paragraph (E)(1) of this rule, one hundred eighty hours of education.

(a) Must be substance use disorder specific education;

(b) Fifty per cent of the total hours shall be completed within the five years from the date of application; and

(c) Completion may be through:

(i) Board approved continuing education units (CEU)

(ii) Courses completed from an accredited school or university, or

(iii) A combination of paragraphs (G)(1)(c)(i) and (G)(1)(c)(ii) of this rule.

(H) The education content and minimum hours as follows:

(1) Substance use disorder and recovery knowledge (twenty-four hours);

(2) Counseling procedures and strategies as applied to those with substance use disorder (thirty hours);

(3) Group process and techniques (eighteen hours);

(4) Assessment and diagnosis of substance use disorder (twenty-four hours);

(5) Family dynamics (twenty-four hours);

(6) Pharmacology (eighteen hours, with six hours specific to medication assisted treatment/recovery);

(7) Relapse and recovery strategies (six hours);

(8) Treatment planning (eighteen hours); and

(9) Legal and ethical issues pertaining to substance use disorder professionals (eighteen hours).

(I) The board shall have sole discretion to determine if documentation submitted is suitable.

Last updated July 5, 2023 at 2:57 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-06 Requirements for licensure of independent chemical dependency counselors-clinical supervisor (LICDC-CS).

To be licensed as an independent chemical dependency counselor-clinical supervisor (LICDC-CS) the applicant shall hold an active LICDC license that is in good standing and shall:

(A) Submit a formal application, including:

(1) Suitable documentation;

(2) An application fee;

(3) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board; and

(4) A recommendation and suitable documentation as follows:

(a) Provided directly from the applicant's supervisor.

(b) Provided in a manner specified by the board.

(B) After approval of the application by the board, receive a passing score on the IC&RC or other board approved clinical supervisor examination, or provide documentation of a valid license, certificate, or credentials issued under another chapter of the Revised Code that authorizes the individual to engage in a profession whose scope of practice includes the clinical supervision of substance use disorder counseling, substance use disorder counseling, and diagnosing and treating substance use disorder conditions.

(C) Complete the hours specified in paragraphs (C)(1) and (C)(2) of this rule.

(1) Complete two thousand hours of work experience or a combination of work experience plus a supervised internship;

A minimum of twenty per cent of the hours of substance use disorders counseling in the clinical core functions;

(2) Complete two thousand hours of clinical substance use disorder supervisory work experience as follows:

(a) A minimum of two hundred hours shall be face-to-face.

(b) Performed under proper supervision

(D) Thirty hours of approved clinical supervision specific education in paragraph (E) of this rule:

(1) Fifty per cent of the total hours shall be completed within five years from the date application.

(2) Completion may be through:

(a) Board approved continuing education units (CEU),

(b) Credits from an accredited school or university, or

(c) A combination paragraphs (D)(2)(a) and (D)(2)(b) of this rule.

(E) The education content and minimum hours as follows:

(1) Counselor development (minimum four hours);

(2) Professional and ethical standards (minimum four hours);

(3) Program development and quality assurance (minimum four hours);

(4) Performance evaluation (minimum four hours); and

(5) Administration (minimum four hours).

(F) Requirements completed under this provision are additional and are exclusive from the LICDC.

(G) The board shall have sole discretion to determine if documentation submitted is suitable.

Last updated July 5, 2023 at 2:57 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-07 Requirements for certification of registered applicants (RA).

(A) To be certified as a registered applicant, an individual shall complete the following:

(1) Complete and submit a registered applicant form and a professional development plan that is acceptable to the board along with the required fee.

(2) Be at least eighteen years of age.

(3) Have at least a high school diploma or high school equivalence diploma.

(B) The registered applicant is a thirteen month certificate.

(C) An individual must wait two years after expiration to reapply to be a registered applicant.

Last updated July 12, 2024 at 9:10 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-08 Requirements for certification of Ohio prevention specialist assistants (OCPSA).

(A) To be certified as a prevention specialist assistant (OCPSA), an applicant shall:

(1) Be at least eighteen years of age and hold a high school diploma or equivalent;

(2) Submit a formal application, including:

(a) Suitable documentation provided in a manner specified by the board;

(b) An application fee;

(c) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board; and

(3) A recommendation and suitable documentation as follows:

(a) Provided directly from the applicants supervisor.

(b) Provided in a manner specified by the board.

(B) Complete one hundred hours of prevention work experience while holding one of the following valid certifications or licenses:

(1) Registered applicant (RA);

(2) An independent social worker or social worker licensed under Chapter 4757. of the Revised Code;

(3) A health education specialist certified by the national commission for health education credentialing for health education credentialing.

(C) Complete the hours of approved education in paragraph (D) of this rule, as follows:

In addition to paragraph (B) of this rule, forty-five hours of education.

(1) Must be prevention related specific education;

(2) Fifty per cent of the total hours shall be completed within two years from the date of application; and

(3) Completion may be through:

(a) Board approved continuing education units (CEU)

(b) Courses completed from an accredited school or university, or

(c) A combination of paragraphs (C)(3)(a) and (C)(3)(b) of this rule.

(D) The education content and required minimum hours as follows:

(1) Planning and evaluation (three hours);

(2) Prevention education and service delivery (three hours);

(3) Communication (three hours);

(4) Community organization (three hours);

(5) Public policy and environmental change (three hours);

(6) Professional growth and responsibility (fifteen hours) to include:

(a) Prevention specific ethics education: (three hours) with a maximum of four hours.

(b) Cultural humility (three hours) with a maximum of six hours.

(E) The board shall have sole discretion to determine if documentation submitted is suitable.

Last updated July 12, 2024 at 9:10 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-09 Requirements for certification of Ohio prevention specialist (OCPS).

To be certified as a prevention specialist (OCPS) the applicant shall:

(A) Submit a formal application including:

(1) Suitable documentation;

(2) An application fee;

(3) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board; and

(4) A recommendation and suitable documentation as follows:

(a) Provided directly from the applicants' supervisor.

(b) Provided in a manner specified by the board.

(B) After approval of the application by the board, receive a passing score on the IC&RC prevention specialist (PS) examination.

(C) Provide an official transcript from an accredited school or university that verifies an associates degree or higher degree.

(D) Held an active prevention specialist assistant (OCPSA) certification for a minimum of eight months.

(E) Complete two thousand hours of prevention work experience while holding an active registered applicant (RA) or prevention specialist assistant (OCPSA) certification which shall include a minimum of twenty percent of those hours devoted to planning or delivering prevention services.

A minimum of two hundred and twenty hours of work in the prevention performance domains in paragraph (F) of this rule.

(F) A minimum of ten hours must be performed in each one of the prevention performance domains as follows:

(1) Planning and evaluation;

(2) Prevention education and delivery;

(3) Communication;

(4) Public policy and environmental change; and

(5) Professional growth and responsibilities.

(G) Complete the hours of approved education in paragraph (H) of this rule, as follows:

In addition to paragraph (E) of this rule, one hundred twenty hours of education.

(1) Must be prevention related specific education;

(2) Fifty per cent of the total hours shall be completed within five years from the date of application;

(3) Twenty-four hours must be alcohol, tobacco and other drug prevention specific; and

(4) Completion may be through:

(a) Board approved continuing education units (CEU)

(b) Courses completed from an accredited school or university, or

(c) A combination of paragraphs (G)(4)(a) and (G)(4)(b) of this rule.

(H) The education content and required hours as follows:

(1) Planning and evaluation: minimum of three hours;

(2) Prevention education and service delivery: minimum of three hours;

(3) Communication: minimum of three hours;

(4) Community organization: minimum of three hours;

(5) Public policy and environmental change: minimum of three hours;

(6) Professional growth and responsibility: minimum of forty hours to include:

(a) Prevention science: minimum of twenty hours.

(b) Prevention specific ethics education: minimum of six hours with a maximum of nine hours.

(c) Cultural humility: minimum of three hours with a maximum of eight hours.

(I) The board shall have sole discretion to determine if documentation submitted is suitable.

Last updated July 12, 2024 at 9:10 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-10 Requirements for certification of Ohio prevention consultant (OCPC).

To be certified as a prevention consultant, an individual shall:

(A) Submit a formal application, including:

(1) Suitable documentation:

(2) An application fee;

(3) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board; and

(4) A recommendation and suitable documentation as follows:

(a) Provided directly from the applicant's supervisor.

(b) Provided in a manner specified by the board.

(B) Provide an official transcript from an accredited school or university that verifies a bachelors degree or higher degree.

(C) Held for a minimum of two years an active OCPS certification while obtaining work experience hours in paragraph (D) of this rule.

(D) Complete a minimum of four thousand hours of compensated work in a combination of paragraphs (D)(1) and D(2) of this rule:

(1) Administering or managing prevention programs or services;

(2) Supervising staff or volunteers delivering prevention programs or services.

(E) Complete the hours of approved education in paragraph (F) of this rule, as follows:

In addition to paragraph (D) of this rule, sixty hours of education:

(1) Must related to the work of paragraph (D)(1) or (D)(2) of this rule.

(2) Fifty per cent of the total hours shall be completed within five years from the date of application.

(3) Completion may be through:

(a) Board approved continuing education units (CEU);

(b) Courses completed from an accredited school or university; or

(c) A combination of paragraphs (E)(1) and (E)(2) of this rule.

(F) The education content and minimum hours as follows:

(1) Personnel supervision and program management education (twenty hours).

(2) Administrative and consultation education (twenty hours).

(G) The board shall have sole discretion to determine if documentation submitted is suitable.

Last updated July 12, 2024 at 9:10 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-11 Requirements for gambling disorder endorsements.

To receive a gambling disorder endorsement, an individual shall complete the following:

(A) Submission of formal application.

(B) Verification of an active independent chemical dependency counselor, chemical dependency counselor III, or chemical dependency counselor II license issued by the board.

(C) Thirty hours of gambling disorder education with a minimum of four hours completed in each of the following areas:

(1) Knowledge of gambling disorder

(2) Gambling counseling practice

(3) Special issues in gambling treatment

(4) Professionalism in gambling treatment

(D) One hundred hours of compensated work or supervised internship in gambling disorder direct clinical experience.

(1) Clinical experience shall be supervised by one of the following:

(a) An independent social worker with demonstrated competency in gambling disorder treatment licensed under Chapter 4757. of the Revised Code

(b) A professional clinical counselor with demonstrated competency in gambling disorder treatment licensed under Chapter 4757. of the Revised Code

(c) A psychologist with demonstrated competency in gambling disorder treatment licensed under Chapter 4732. of the Revised Code

(d) An independent chemical depenency counselor - clinical supervisor with gambling disorder endorsement licensed under Chapter 4758. of the Revised Code

(e) An independent chemical depenency counselor with gambling disorder endorsement licensed under Chapter 4758. of the Revised Code

(2) An individual may be issued an gambling disorder preliminary endorsement without having complied with paragraph (D) of this rule, but the individual shall comply with paragraph (D) of this rule within two years of issue.

(3) An individual who fails to comply with paragraph (D)(1) of this rule is not entitled to renew the endorsement.

Last updated July 5, 2023 at 2:57 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03

Chapter 4758-6 Scope of Practice

Ohio Adm.Code 4758-6-01 Scope of practice for chemical dependency counselor assistants (CDCA).

(A) An individual holding a valid chemical dependency counselor assistant certificate may do both of the following in addition to practicing substance use disorder counseling:

Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and education services as they relate to behavioral health conditions related to substance use disorder.

(B) An individual holding a valid chemical dependency counselor assistant certificate may practice substance use disorder counseling and perform the tasks specified in paragraph (A) of this rule only while under the supervision of any of the following:

(1) An independent chemical dependency counselor-clinical supervisor, independent chemical dependency counselor or chemical dependency counselor III licensed under this chapter;

(2) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(3) A psychologist licensed under Chapter 4732. of the Revised Code;

(4) A registered nurse licensed under Chapter 4723. of the Revised Code if such supervision is consistent with the scope of practice of the registered nurse, or an individual authorized to practice as a certified nurse practitioner or clinical nurse specialist under Chapter 4723. of the Revised Code;

(5) A professional clinical counselor, independent social worker, or independent marriage and family therapist licensed under Chapter 4757. of the Revised Code if such supervision is consistent with the scope of practice of the professional clinical counselor, independent social worker, or independent marriage and family therapist.

(C) A chemical dependency counselor assistant may not practice as an individual practitioner.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-03 Scope of practice for licensed chemical dependency counselors II (LCDC II).

(A) In addition to practicing substance use disorder counseling, an individual holding a valid chemical dependency counselor II license may do all of the following:

(1) Perform treatment planning, assessment, crisis intervention, individual, group and family counseling, case management and education services as they relate to substance use disorders;

(2) Provide treatment services identified and listed in rule 5122-29 of the Administrative Code as they relate to substance use disorders.

(3) Refer individuals with without substance use disorder conditions to appropriate sources of help.

(B) A chemical dependency counselor II may not practice as an individual practitioner.

(C) A chemical dependency counselor II may not provide clinical supervision.

(D) A chemical dependency counselor II scope of practice does not include diagnosis.

(E) An individual holding a valid chemical dependency counselor II license may practice substance use disorder counseling and perfrom the tasks specified in paragraph (A) of this rule only while under the supervision of any of the following:

(1) An independent chemical dependency counselor-clinical supervisior, independent chemical dependency counselor or chemical dependency counselor III licensed under this chapter;

(2) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(3) A psychologist licensed under Chapter 4732. of the Revised Code;

(4) A registered nurse licensed under Chapter 4723. of the Revised Code if such supervision is consistent with the scope of practice of the registered nurse, or an individual authorized to practice as a certified nurse practitioner or clinical nurse specialist under Chapter 4723. of the Revised Code;

(5) A professional clinical counselor, independent social worker, or independent marriage and family therapist under Chapter 4757. of the Revised Code if such supervision is consistent with the scope of practice of the professional clinical counselor, independent social worker, or independent marriage and family therapist.

Last updated July 5, 2023 at 2:58 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-04 Scope of practice for licensed chemical dependency counselors III (LCDC III).

(A) In addition to practicing substance use disorder counseling, an individual holding a valid chemical dependency counselor III license may do all of the following:

(1) Diagnose substance use disorder conditions in accordance with section 4758.56 of the Revised Code;

(2) Treat substance use disorder conditions;

(3) Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and education services as they relate to behavioral health conditions related to substance use disorder;

(4) Provide clinical supervision of substance use disorder counseling in accordance with section 4758.56 of the Revised Code.

(B) A chemical dependency counselor III may not practice as an individual practitioner.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-05 Scope of practice for licensed independent chemical dependency counselors (LICDC).

In addition to practicing substance use disorder counseling, an individual holding a valid independent chemical dependency counselor license may do all of the following:

(A) Diagnose and treat substance use disorder conditions;

(B) Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management and education services as they relate to behavioral health conditions related to substance use disorder;

(C) Provide clinical supervision of substance use disorder counseling in accordance with section 4758.55 of the Revised Code.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-06 Scope of practice for licensed independent chemical dependency counselors-clinical supervisors (LICDC-CS).

In addition to practicing substance use disorder counseling, an individual holding a valid independent chemical dependency counselor license may do all of the following:

(A) Diagnose and treat substance use disorder conditions;

(B) Perform treatment planning, assessment, crisis intervention, individual, group and family counseling, case management and education services as they relate to substance use disorder;

(C) Provide treatment services identified and listed in Chapter 5122-29 of the Administrative Code as they relate to substance use disorder;

(D) Provide clinical supervision of substance use disorder counseling and diagnosing and treating substance use disorder conditions;

(E) Supervise treatment services identified and listed in Chapter 5122-29 of the Administrative Code as they relate to substance use disorder;

(F) Refer individuals with without substance use disorder conditions to appropriate sources of help.

Last updated July 5, 2023 at 2:58 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-07 Scope of practice for registered applicants (RA).

(A) An individual holding a valid registered applicant certificate may:

Perform the following prevention services only while under supervision of anyone listed in paragraph (B) of this rule:

(1) Information dissemination;

(2) Prevention education;

(3) Communication;

(4) Alternatives; and

(5) Problem identification and referral.

,

(B) An individual holding a valid registered applicant certificate may perform the prevention services specified in paragraph (A) of this rule only while under the supervision of any of the following:

(1) A prevention consultant or prevention specialist certified under Chapter 4758. of the Revised Code;

(2) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(3) A psychologist licensed under Chapter 4732. of the Revised Code

(4) A registered nurse licensed under Chapter 4723. of the Revised Code or an individual authorized to practice as a certified nurse practitioner or clinical nurse under Chapter 4723. of the Revised Code;

(5) An independent social worker, and a social worker, licensed under Chapter 4757. of the Revised Code;

(6) A school counselor licensed by the department of education pursuant to section 3319.22 of the Revised Code;

(7) A health education specialist certified by the national commission for health education credentialing.

(C) An individual holding a valid registered applicant certificate may:

Engage in the following only while under supervision of anyone listed in paragraph (D) of this rule:

(1) Planning and evaluation;

(2) Community based processes;

(3) Environmental strategies; and

(4) Professional growth and responsiblities.

(D) An individual holding a valid registered applicant certificate may engage prevention strategies and activities listed in paragraph (C) of this rule only while under the supervision of any of the following:

(1) A prevention consultant or prevention specialist certified under Chapter 4758. of the Revised Code;

(2) A health education specialist certified by the national commission for health education credentialing.

(E) A registered applicant may not practice as an independent practitioner.

Last updated July 12, 2024 at 9:11 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-08 Scope of practice for Ohio certified prevention specialist assistant (OCPSA).

(A) An individual holding a valid prevention specialist assistant certificate may:

Perform the following prevention services only while under the supervision of anyone listed in paragraph (B) of this rule:

(1) Information dissemination;

(2) Prevention education;

(3) Communication;

(4) Alternatives; and

(5) Problem identification and referral.

(B) An individual holding a valid prevention specialist assistant certificate may perform the prevention services specified in paragraph (A) of this rule only while under the supervision of any of the following:

(1) A prevention consultant or prevention specialist certified under Chapter 4758. of the Revised Code;

(2) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(3) A psychologist licensed under Chapter 4732. of the Revised Code;

(4) A registered nurse licensed under Chapter 4723. of the Revised Code or an individual authorized to practice as a certified nurse practitioner or clinical nurse under Chapter 4723. of the Revised Code;

(5) A professional clinical counselor, an independent social worker, a social worker, licensed under Chapter 4757. of the Revised Code;

(6) A school counselor licensed by the department of education pursuant to section 3319.22 of the Revised Code;

(7) A health education specialist certified by the national commission for health education credentialing.

(C) An individual holding a valid prevention specialist assistant certificate may:

Engage in the following only while under the supervision of anyone listed in paragraph (D) of this rule:

(1) Planning and evaluation;

(2) Community based processes;

(3) Environmental strategies; and

(4) Professional growth and responsibilities.

(D) An individual holding a valid prevention specialist assistant certificate may engage in prevention strategies and activities listed in paragraph (C) of this rule only while under the supervision of any of the following:

(1) A prevention consultant or prevention specialist certified under Chapter 4758. of the Revised Code;

(2) A health education specialist certified by the national commission for health education credentialing.

(E) A prevention specialist assistant may not practice as an independent practitioner.

Last updated July 12, 2024 at 9:11 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-09 Scope of practice for Ohio certified prevention specialists (OCPS).

(A) An individual holding a valid prevention specialist certificate issued under Chapter 4758. of the Revised Code may:

(1) Perform the following prevention services:

(a) Information dissemination;

(b) Prevention education;

(c) Communication;

(d) Alternatives; and

(e) Problem identification and referral.

(2) Engage in the following prevention strategies and activities:

(a) Community based processes and organization;

(b) Public policy and environmental change; and

(c) Professional growth and responsibility.

(3) Supervise staff and volunteers including:

(a) Prevention program volunteers;

(b) Registered applicants;

(c) Ohio certified prevention specialist assistants; and

(d) Ohio certified prevention specialists.

(B) An individual holding a valid certified prevention specialist certificate may:

Engage in the following only while under the supervision of anyone listed in paragraph (C) of thie rule:

(1) Planning and evaluation; and

(2) Managing prevention programs.

(C) An individual holding a valid prevention specialist certificate may engage in the activities specified in paragraph (B) of this rule only while under the supervision of any of the following:

(1) A prevention consultant certified under Chapter 4758. of the Revised Code;

(2) A health education specialist certified by the national commission for health education credentialing.

(D) A prevention specialist may not practice as an independent practitioner.

Last updated July 12, 2024 at 9:11 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-10 Scope of practice for Ohio certified prevention consultant (OCPC).

(A) An individual holding a valid prevention consultant certificate issued under Chapter 4758. of the Revised Code may:

(1) Manage, supervise and perform the following prevention services:

(a) Information dissemination;

(b) Prevention education;

(c) Alternatives; and

(d) Problem identification and referral.

(2) Manage, supervise and perform the following prevention strategies and activities:

(a) Planning and evaluation;

(b) Communication;

(c) Community based processes and community organization;

(d) Public policy and environmental change; and

(e) Professional growth and responsibility.

(3) Conduct program, organizational and community assessment, development and evaluation activities.

(4) Provide specialized consultation and technical assistance of program, organizational and community assessment, planning, evaluation, prevention intervention and referral activities.

(5) Facilitate the assessment, development, implementation and evaluation of prevention policy and environmental strategies.

(B) A prevention consultant may supervise:

(1) Prevention program volunteers;

(2) Registered applicants;

(3) Ohio certified prevention specialist assistants; and

(4) Ohio prevention specialist professionals.

(C) A prevention consultant may manage prevention departments and programs.

(D) A prevention consultant may practice as an independent practitioner.

Last updated July 12, 2024 at 9:12 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-11 Scope of practice for chemical dependency counselors II (LCDC II) with gambling disorder endorsement.

(A) An individual who holds a chemical dependency counselor II license and a gambling disorder endorsement may do all of the following in addition to those services outlined in rule 4758-6-03 of the Administrative Code:

(1) Treat gambling disorder conditions; and

(2) Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and educational services insofar as those functions relate to gambling disorder.

(B) A chemical dependency counselor II may not practice as an individual practitioner.

(C) A chemical dependency counselor II may not provide clinical supervision.

(D) An individual holding a valid chemical dependency counselor II license and gambling disorder endorsement may practice substance use disorder counseling and perform the tasks specified in rule 4758-6-03 of the Administrative Code only while under the supervision of any of the following:

(1) An independent chemical dependency counselor-clinical supervisor independent chemical dependency counselor or chemical dependency counselor III licensed under this chapter;

(2) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(3) A psychologist licensed under Chapter 4732. of the Revised Code;

(4) A registered nurse licensed under Chapter 4723. of the Revised Code if such supervision is consistent with the scope of practice of the registered nurse, or an individual authorized to practice as a certified nurse practitioner or clinical nurse specialist under Chapter 4723. of the Revised Code;

(5) A professional clinical counselor, independent social worker, or independent marriage and family therapist under Chapter 4757. of the Revised Code if such supervision is consistent with the scope of practice of the professional clinical counselor, independent social worker, or independent marriage and family therapist.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-12 Scope of practice for chemical dependency counselors III (LCDC III) with gambling disorder endorsement.

(A) An individual who holds a chemical dependency counselor III license and a gambling disorder endorsement may do all of the following in addition to those services outlined in rule 4758-6-04 of the Administrative Code:

(1) Treat gambling disorder conditions;

(2) Diagnose gambling disorder conditions under supervision;

(3) Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and educational services insofar as those functions relate to gambling disorder;

(4) Supervise gambling disorder counseling in accordance with section 4758.63 of the Revised Code.

(B) An individual holding a chemical dependency counselor III license shall not practice as an individual practitioner.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-13 Scope of practice for independent chemical dependency counselors (LICDC) with gambling disorder endorsement.

(A) An individual who holds an independent chemical dependency counselor license and a gambling disorder endorsement may do all of the following in addition to those services outlined in rule 4758-6-05 of the Administrative Code:

(1) Diagnose and treat gambling disorder conditions;

(2) Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and educational services insofar as those functions relate to gambling disorder;

(3) Supervise gambling disorder counseling in accordance with section 4758.62 of the Revised Code.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-14 Scope of practice for independent chemical dependency counselors-clinical supervisor (LICDC-CS) with gambling disorder endorsement.

An individual who holds an independent chemical dependency counselor-clinical supervisor license and a gambling disorder endorsement may do all of the following in addition to those services outlined in rule 4758-6-06 of the Administrative Code:

(A) Diagnose and treat gambling disorder conditions;

(B) Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and educational services insofar as those functions relate to gambling disorder;

(C) Supervise gambling disorder counseling.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-15 Clinical supervision of chemical dependency counselor assistants.

Individuals who hold an active chemical dependency counselor assistant credential shall comply with the following clinical supervision requirements.

(A) Individuals shall have sixty days from the start of each new employment or new supervisory relationship to establish a supervision contract.

(1) The contract shall be maintained in the individuals supervision record.

(2) The contract shall clearly define goals, context, methods, frequency and responsibilities as they relate to clinical supervision.

(3) The contract shall be revisable with the mutual consent of the supervisor and supervisee.

(B) Individuals shall receive one hour of face to face clinical supervision for every forty hours in a role which includes work within the scope of practice of a chemical dependency counselor assistant.

(1) Clinical supervision shall include direct observation at intervals determined in the supervision contract.

(2) Clinical supervision shall include review of individual's clinical documentation, and scope of practice at intervals determined in the supervision contract.

(3) Clinical supervision shall include a discussion of the application of the professional codes of ethics.

(C) Clinical supervision shall be formally documented by the clinical supervisor and maintained in the individuals supervision record.

Documentation shall include the date, length, content and method of supervision.

(D) The board may, at its discretion, require the individual or clinical supervisor to provide a copy of the clinical supervision contract or supervision record for auditing purposes.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03

Chapter 4758-8 Code of Ethical Practice and Professional Conduct

Ohio Adm.Code 4758-8-01 Code of ethics for chemical dependency counselors.

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for licensure or certification shall follow and establishes the minimum standard of practice for certified chemical dependency counselor assistants (CDCA), licensed chemical dependency counselors II (LCDCII), licensed chemical dependency counselors III (LCDCIII), licensed independent chemical dependency counselors (LICDC), licensed independent chemical dependency counselors-clinical supervisors (LICDC-CS), and those licensees who carry the gambling disorder endorsement.

(B) A violation of rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a license or certificate or for the denial of the initial license or certificate or renewal, or reinstatement of a license or certificate.

(C) Licensees and certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of their clients and colleagues is paramount. Additionally, licensees and certificate holders lare obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, licensees and certificate holders can foster an environment of trust, credibility, and accountability within their field.

(1) Professional standards:

(a) The licensee or certificate holder shall meet and comply with all terms, conditions or limitations of licensure or certification.

(b) The licensee or certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-01 to 4758-6-14 of the Administrative Code.

(c) A licensee or certificate holder shall obtain appropriate consultation or make an appropriate referral when the client's problem is beyond the licensee or certificate holder's area of training, expertise, competency or scope of practice.

(d) The licensee or certificate holder shall refer clients to a person or agency that the licensee or certificate holder knows is qualified by training, experience, certification or license to provide such professional services.

(e) The licensee or certificate holder shall not participate in discrimination of clients and family members, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(f) The licensee or certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, and statutes.

(g) In general, in substance use disorder and gambling disorder counseling, the best interest of the client is considered to be of paramount importance in making decisions regarding treatment. The "best interest" of the client would reflect these things that would most benefit the client economically, socially, vocationally and in terms of freedom from external restrictions. However, there may exist in the context of substance use disorder or gambling disorder treatment certain protocols, restrictions, or arrangements which are contrary to what clients would consider to be in their best interest. There may also be circumstances in which agency philosophy or orientation or the personal beliefs of the counselor may influence decisions regarding the client's treatment. When such circumstances or restrictions are present, they should be disclosed and explained to the client unless such disclosure is expressly prohibited or would clearly violate the safety, rights or interests of another person.

(h) The licensee or certificate holder shall primarily be concerned with the welfare of the client. The licensee or certificate holder shall respect the integrity of the client.

(i) The licensee or certificate holder shall not engage in any action that violates the civil or legal rights of clients.

(j) The license or certificate holder shall have an obligation to protect the client's right to confidentiality as established by law or the professional standards of practice. Confidential information shall only be revealed to others when the clients or other persons legally authorize to give consent on the behalf of the clients, have given their informed and written consent, unless there is a serious and current or imminent threat of harm to the client of others or as otherwise authorized by law.

(k) The licensee or certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The licensee or certificate holder shall not offer professional services to a client in substance use disorder or gambling disorder counseling with another professional except with the knowledge of the other professional or after the termination of the client relationship with the other professional.

(m) A licensee or certificate holder shall terminate a substance use disorder or gambling disorder counseling or consulting relationship when it is reasonably clear to the licensee or certificate holder that the client is not benefiting from it.

(n) A licensee or certificate holder shall not discontinue professional services to a client unless:

(i) Services have been completed;

(ii) The client requests the discontinuation;

(iii) Alternative or replacement services are arranged; or

(iv) The client is given reasonable opportunity to arrange alternative or replacement services.

(o) A licensee or certificate holder shall not physically or verbally abuse or threaten clients, former clients, or family members of clients or former clients.

(p) A licensee or certificate holder shall not use derogatory language in their written or verbal communications to or about clients, former clients, or family members of clients or former clients.

(q) A licensee or certificate holder is required to submit and maintain their legal address and contact information through the board's electronic licensure system and is required to notify the board of any changes to their name, mailing address, phone number or email address within thirty days.

(r) A licensee or certificate holder shall not provide services without appropriate supervision in accordance with their scope of practice, which shall include completion of any required supervision documentation.

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a felony in Ohio shall be grounds for disciplinary action.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice substance use disorder or gambling disorder counseling shall be grounds for disciplinary action.

(3) Fraud related conduct:

(a) The licensee or certificate holder shall not omit, make any misrepresentation, or make any false statement to the board.

(b) A licensee or certificate holder shall not use a title, designation, credential, license, name, name or organization affiliation, or other language on a letterhead, publication, or document, any social media, or other medium which states or implies an ability, relationship or qualification the licensee or certificate holder is not qualified to use or does not exist.

(c) The licensee or certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate/license is held.

(d) The licensee or certificate holder shall not sign or issue in the licensee or certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The licensee or certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The licensee or certificate holder shall assign appropriate credit to published material.

(g) A licensee or certificate holder shall not falsify, fraudulently amend, knowingly make incorrect entries or fail to make timely essential entries into the client records.

(h) A licensee or certificate holder shall not condone, partake, or assist in billing irregularities or fraud with respect to grants, insurance companies or direct billing.

(i) A licensee or certificate holder shall not bill for services that are not rendered.

(j) A licensee or certificate holder shall not aid or abet another person in misrepresenting professional credentials or engaging in illegal or unethical practice.

(k) A licensee or certificate holder shall not provide services under the signature of their license or certificate while said license or certificate is in an inactive lapsed, escrow, or expired status.

(l) A licensee or certificate holder shall not engage in deceptive behavior in a professional setting whether it is to advance their professional standing, avoid disciplinary action or for any other reason.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The licensee or certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) Except as in rule 4758-11-03 of the Administrative Code, the licensee or certificate holder has the duty to report any violation of this code of ethics to the board.

(c) In submitting information to the board, a licensee or certificate holder shall comply with any requirements pertaining to the disclosure of client information established by federal or state law or regulation.

(d) The license or certificate holder shall comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to, a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(6) Client relationships:

(a) A licensee or certificate holder shall maintain an objective and non-possessive relationship with those they serve and shall not develop, implement, or maintain a multiple relationship or conflict of interest with any client, former client, family member of a client or a former client, or other person encountered in professional or non-professional settings, which may impair professional judgment, increase the risk of exploitation, or not be in the best interest of a client at any time.

(b) A licensee or certificate holder shall not enter into a substance use disorder or gambling disorder counseling relationship with members of his or her own family, friends or close associates or others who might be jeopardized by such a multiple relationship.

(c) If a multiple relationship is recognized, a dependent licensee or certificate holder shall:

(i) Discuss as soon as reasonably possible any potential multiple relationship and/or conflict of interest with the appropriate supervisor;

(ii) Immediately discuss any potential multiple relationship and/or conflict of interest with the client;

(iii) Obtain written consent between the supervisor, licensee or certificate holder, and the client;

(iv) Document how continuation of the multiple relationship and/or conflict of interest serves the best interest of the client. The best interest of the client shall be reassessed and documented.

(v) Consider all factors on a case-by-case basis, such as informed consent, consultation, and supervision.

(d) If a multiple relationship is recognized, an independent licensee shall consult with another independent licensee and document that consultation in addition to following paragraphs (C)(6)(c)(ii) to (C)(6)(c)(v) of this rule

(e) Multiple relationships include, but are not limited to, the following:

(i) Familial relationships;

(ii) Social relationships;

(iii) Emotional relationships;

(iv) Financial relationships, including but not limited to, accepting gifts, bartering for services, accepting free services, or accepting discounts on services;

(v) Supervisory relationships;

(vi) Professional relationships;

(vii) Administrative relationships;

(viii) Legal relationships, and/or;

(ix) Social media/personal virtual relationships.

(f) Regardless if no services were provided to a client by the licensee or certificate holder, all clients of a treatment provider or agency are also considered a client of the licensee or certificate holder that is employed or contracted by that treatment provider or agency.

(g) This paragraph shall also apply to license or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing shall be considered clients of the licensee or certificate holder.

(7) Sexual relationships and misconduct:

(a) Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

(b) A license or certificate holder shall not engage in any type of sexual conduct or sexual relationship with a current client.

(c) A license or certificate holder shall not provide services to anyone in which they have had a prior sexual relationship.

(d) A licensee or certificate holder shall not have a sexual relationship, nor engage in any form of sexual conduct with former client within two years, at a minimum, after the termination of professional services. A licensee or certificate holder shall never engage in a sexual relationship with a former client if such relationship is not in the best interest of the client or increases the risk of client exploitation.

(e) A licensee or certificate holder who chooses to engage in a sexual relationship with a former client after the mandatory two year period of time will have the full burden of demonstrating that the former client has not been exploited, coerced or manipulated intentionally or unintentionally.

(f) A licensee or certificate holder shall never engage in a sexual relationship with a former client's family member if that relationship is not in the best interest of the client or increases the risk of client exploitation.

(g) A licensee or certificate holder shall not sexually harass a client, former client, or family members of a client or former client.

Sexual harassment includes any activity, contact, or conduct that a reasonable person may consider offensive or harassing that is sexual or sexual in nature, including but not limited to: sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexually offensive or harassing.

(h) A licensee or certificate holder shall not sexually harass persons they encounter in professional settings.

(i) Regardless if no services were provided to a client by the licensee or certificate holder, all clients of a treatment provider or agency are also considered a client of the licensee or certificate holder that is employed or contracted by that treatment provider or agency.

(j) This paragraph shall also apply to license or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing shall be considered clients of the licensee or certificate holder.

(8) Private practice:

(a) An independent licensee employed by an agency may not solicit or refer a current client of the agency to the independent licensee's private practice. Independent licensees may offer referrals to client's which include multiple options for the client to choose from and the independent licensee's private practice may be one of the multiple programs.

(b) When setting fees, an independent licensee shall ensure that fees are fair, reasonable and commensurate with the services performed.

(c) An independent licensee shall maintain client records for a period of seven years from the time services are completed.

(9) Professional disclosure:

(a) A licensee or certificate holder shall display a professional disclosure statement at the place where services are performed and shall provide a copy of the disclosure statement to clients upon request.

(b) Professional disclosure statements shall include the name, title, license or certificate type, license or certification number, business address and business phone number of the licensee or certificate holder.

(c) Professional disclosure statements shall identify licensee or certificate holder's formal professional education, areas of competence and the services they provide.

(d) Professional disclosure statements shall include language that directs the client to contact the board should they have complaints about the licensee or certificate holder. The name, address and phone number of the licensing board should be included in this language.

(e) For a licensee employed in a private practice, a fee schedule shall be listed by type of service or hourly rate.

(10) Impairment:

(a) A licensee or certificate holder shall not undertake or continue a professional counseling role when there is a reasonable belief that the judgment, competence and/or objectivity of the licensee or certificate holder is impaired due to mental, emotional, physiological, pharmacological, or substance use conditions.

(b) A licensee or certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or an other physical health related adversity that interferes with the licensee or certificate holder's ability to function competently. A licensee or certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(11) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-01

(A) An individual holding a valid chemical dependency counselor assistant certificate may do both of the following in addition to practicing substance use disorder counseling:

Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and education services as they relate to behavioral health conditions related to substance use disorder.

(B) An individual holding a valid chemical dependency counselor assistant certificate may practice substance use disorder counseling and perform the tasks specified in paragraph (A) of this rule only while under the supervision of any of the following:

(1) An independent chemical dependency counselor-clinical supervisor, independent chemical dependency counselor or chemical dependency counselor III licensed under this chapter;

(2) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(3) A psychologist licensed under Chapter 4732. of the Revised Code;

(4) A registered nurse licensed under Chapter 4723. of the Revised Code if such supervision is consistent with the scope of practice of the registered nurse, or an individual authorized to practice as a certified nurse practitioner or clinical nurse specialist under Chapter 4723. of the Revised Code;

(5) A professional clinical counselor, independent social worker, or independent marriage and family therapist licensed under Chapter 4757. of the Revised Code if such supervision is consistent with the scope of practice of the professional clinical counselor, independent social worker, or independent marriage and family therapist.

(C) A chemical dependency counselor assistant may not practice as an individual practitioner.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-14

An individual who holds an independent chemical dependency counselor-clinical supervisor license and a gambling disorder endorsement may do all of the following in addition to those services outlined in rule 4758-6-06 of the Administrative Code:

(A) Diagnose and treat gambling disorder conditions;

(B) Perform treatment planning, assessment, crisis intervention, individual, family, and group counseling, case management, and educational services insofar as those functions relate to gambling disorder;

(C) Supervise gambling disorder counseling.

Last updated April 3, 2024 at 1:46 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-11-03

(A) The board may establish a confidential, non-disciplinary program for the evaluation and treatment of eligible practioners who need assistance with a potential or existing impairment due to substance use disorder or other mental health conditions. This program shall be known as the board's safe haven program.

(B) The board shall contract with one entity, hereafter referred to as the monitoring organization, to conduct the safe haven program. The monitoring organization shall determine the eligibility for participation in the safe haven program and provide associated services to eligible practioners.

(C) Eligible practitioners shall include licensees or certificate holders of the board as well as applicants who have applied for a license or certificate from the board.

(D) Services provided by the monitoring organization include but are not limited to the following:

(1) Screening and/or evaluation for possible impairment due substance use disorder or other mental health conditions.

(2) Referral to treatment providers approved by the monitoring organization for the purpose of evaluating and/or treating impairment.

(3) Establishment of individualized monitoring criteria for a duration determined by the monitoring organization to ensure the continuing care and recovery from impairment.

(4) Case management.

(E) The monitoring organization that contracts with the board to conduct the safe haven program may receive referrals from any of the following:

(1) Applicants, licensees or certificate holders.

(2) Other individuals.

(3) Employers.

(4) Professional societies and associations.

(5) Health care personnel and treatment providers.

(6) Other entities and organizations.

(7) The Ohio chemical dependency professionals board.

(F) To participate in the safe haven program, an eligible practitioner must enter into an agreement with the monitoring organization to seek assistance for a potential or existing impairment due to substance use disorder or other or mental health conditions. The agreement may specify but is not limited to the following:

(1) Treatment and therapy plan.

(2) Support group participation.

(3) Case management.

(4) Duration of monitoring. Relapses and other failures to comply with the terms of the agreement may resutl in longer period of monitoring. As appropriate, an addendum to the agreement many be initiated by the imonitoring organization.

(5) Approved work activities, including but not limited to abstaining from work while receiving evaluation and/or treatment as well as ongoing monitoring of compliance with any restrictions or limitations specified by the monitoring organization or the board.

(6) Random toxicology testing.

(7) Releases for seeking information or records related to the practitioners's impairment, including but not limited to family or designated persons, health care personnel, employers, and treatment providers.

(8) Grounds for dismissal from participation in the non-disciplinary, safe haven program for failure to comply with program requirements.

(9) Any required fees assoicated with participation in the non-disciplinary, safe haven program, including but not limited to fees for treatment services and toxicology testing.

(G) The board shall not insitute disciplinary action based on impariment against a safe haven program participant so long as the participant enters into an agreement with the monitoring organization and complies with the same. the presence of impairment shall not excuse acts or preclude investigation or disciplinary action against a participant for other violations of this chapter or Chapter 4758. of the Revised Code.

(H) The monitoring organization shall report to the board for further investigation and/or action any participant who is unwilling or unable to complete or comply with the confidential, non-disciplinary safe haven program.

(I) All information received and maintained by the monitoring organization shall be held in confidence subject to section 2317.02 of the Revised Code and in accordance with federal law.

Last updated July 5, 2023 at 2:58 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-11-02

(A) Should the board have reason to believe that a licensee, certificate holder, or applicant suffers from impairment as defined by paragraph (T) of rule 4758-2-01 of the Administrative Code, it may compel the individual to submit to a mental or physical examination, or both. Such examination shall be completed by a treatment provider that has been approved by the board. The notice issued ordering to submit to an examination shall specify conduct, acts or behavior committed or displayed to establish reason to believe that the licensee, certificate holder, or applicant is considered impaired. Failure to submit to examination ordered by the board constitutes an admission of impairment, unless the failure is due to circumstances beyond the individual's control as determined by the board.

(B) If the examination outlined in paragraph (A) of the rule finds that the individual is not impaired, no action shall be initiated by the board.

(C) If the examination outlined in paragraph (A) of this rule finds that the individual is impaired, or if the board has reasonable evidence of impairment, the board shall initiate proceedings to suspend the license or certificate or deny the initial application.

(1) Before being eligible to apply for reinstatement of a license or certificate suspended under this rule, the practitioner shall provide evidence to the board of the following:

(a) Certification from the designated treatment provider that the practitioner has successfully completed any required inpatient or outpatient program;

(b) Continuing compliance with an aftercare contract;

(c) One or more written reports as determined by the board indicating that the licensee or certificate holder has been assessed by a licensed practioner approved by the board and has been found capable of practicing according to acceptable and prevailing standards of care.

(2) The board may reinstate the suspended license or certificate or reactivate an inactive license or certificate under this rule after sufficient demonstration as determined by the board of the items outlined in paragraph (C)(1) of this rule and after the individual has entered into a written consent agreement with the board.

(3) When the licensee or certficate holder resumes practice under this rule, the board may require continued monitoring of the practitioner.

(D) A licensee or certificate holder may appeal rulings of the board in regards to impairment.

Last updated July 5, 2023 at 2:58 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-10-01

(A) The board may refuse to admit for examination, issue, renew, or may suspend, revoke, reprimand or place restrictions on any license, certificate, or endorsement applied for under Chapter 4758. of the Revised Code, or may take other disciplinary action against any licensee, certificate holder, endorsee, or applicant for one or more of the following reasons:

(1) Violation of any provision of Chapter 4758. of the Revised Code or any rules adopted under it.

(2) Making a false statement on an application for a license, certificate, or endorsement or for renewal, restoration or reinstatement of a license, certificate, or endorsement.

(3) Acceptance of a commission or rebate for referring an individual to a person who holds a license, certificate, or endorsement issued by, or who is registered with, an entity of state government, including persons practicing substance use disorder counseling, gambling disorder counseling, prevention services, or fields related to substance use disorder counseling, gambling disorder counseling, or prevention services.

(4) Conviction in this or any other state of any crime that is a felony in this state.

(5) Conviction in this or any other state of a misdemeanor committed in the course of practice as a licensee, certificate holder or endorsee, or a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense which relates to the ability to practice substance use disorder or gambling disorder counseling, or prevention services.

(6) Inability to practice as a licensee, certificate holder or endorsee due to substance use or abuse or other physical or mental conditions.

(7) Practicing outside the individual's scope of practice.

(8) Practicing without complying with supervision requirements specified under section 4758.55, 4758.56, 4758.59, 4758.61 or 4758.63 of the Revised Code.

(9) Violation of the code of ethical practice and professional conduct for substance use disorder or gambling disorder counseling, prevention services, or clinical supervision outlined in rules 4758-8-01 to 4758-8-03 of the Administrative Code.

(10) Revocation of a license or certificate or voluntary surrender of a license or certificate in another state or jurisdiction for an offense that would be a violation of section 4758.30 of the Revised Code.

(11) Failure to meet education, experience, examination, and other requirements set forth in Chapter 4758. of the Revised Code;

(B) Authority of the board to take action against an applicant, licensee, certificate holder, or endorsee:

(1) A violation of any of the rules of conduct or ethical rules may result in one or more of the following disciplinary actions:

(a) Refusal to issue a license, certificate, or endorsement;

(b) Refusal to renew a license, certificate, or endorsement;

(c) Reprimand of a licensee, certificate holder, or endorsee;

(d) Suspension of a license, certificate, or endorsement;

(e) Revocation of a license, certificate, or endorsement; or

(f) Surrender of a license, certificate, or endorsement.

(2) Past disciplinary actions taken against a licensee or certificate holder of this board may be considered in the choice of sanctions for a new offense. Section of sanctions to be imposed shall be at the discretion of the board after the licensee has been provided a right to a hearing pursuant to Chapter 119. and as outlined in section 4758.30 of the Revised Code.

(C) Persons wishing to file a grievance against a licensee or certificate holder of this board or against someone seeking licensure may do so by obtaining and completing a written grievance form and submitting it to the board by mail, fax, or email.

(D) The board may initiate an investigation against a licensee or certificate holder if the board has reason to believe that the licensee or certificate holder is violating any laws or rules outlined in Chapter 4758. of the Revised Code or agency 4758 of the Administrative Code.

(E) The board shall give the applicant, licensee, or certificate holder notice in accordance with Chapter 119. and Chapter 4758. of the Revised Code, if it intends to propose to reprimand, suspend, revoke, place restrictions on, or fail to issue or renew the license, certificate, or endorsement.

(F) If the board decides to revoke a license, certificate, or endorsement, the licensee or certificate holder may reapply for the issuance of a license, certificate, or endorsement five years after the revocation of the license, certificate, or endorsement.

(G) If the board decides to deny the issuance of a license, certificate, or endorsement, the applicant may reapply for the issuance of a license, certificate, or endorsement not less than one year after the denial.

Last updated April 3, 2024 at 2:43 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-02 Code of ethics for clinical supervisors.

(A) The purpose of this rule is to state the rules of conduct that apply to individuals who hold a valid independent chemical dependency counselor-clinical supervisor license (LICDC-CS), independent chemical dependency counselor license (LICDC) or chemical dependency counselor III license (LCDC III) during the performance of their clinical duties as supervisors.

(B) Competence:

(1) A supervisor shall accurately represent areas of competence, education, training, experience and professional affiliations in response to inquiries, including those from appropriate boards, public, supervisees and colleagues.

(2) A supervisor shall aggressively seek out consultation with other professionals when called on to supervise counseling situations outside their realm of competence. Supervisors shall refer supervisees to other competent staff when they are unable to provide adequate supervisory guidance to the supervisee.

(C) Client best interest, welfare, and rights:

A supervisor shall make supervisees aware of clients' rights, including protecting clients' rights to privacy and confidentiality in the counseling relationship and the information resulting from it.

(D) Supervisory role:

(1) A supervisor shall obtain ongoing training in supervision.

(2) A supervisor shall make their supervisees aware of professional and ethical standards and legal responsibilities of the counseling profession.

(3) Procedures for contacting the supervisor, or an alternative supervisor, to assist in handling crisis situations shall be established and communicated to supervisees.

(4) Supervision shall be maintained through regular face-to-face meetings, which could include video conferencing, with a supervisee or supervisees in group or individual sessions. Sessions should include documentation of the content. Supervisor and supervisee signatures should be included if required by certifying or accrediting bodies.

(5) Actual work samples via audio, counselor report, video or observation shall be part of the regularly scheduled supervision process.

(6) A supervisor shall provide supervisees with ongoing feedback on their performance.

(7) A supervisor who has multiple roles (e.g. teacher, clinical supervisor, administrator, etc.) with supervisees shall avoid any conflict of interest caused by these roles. The supervisees shall know the limitations placed on the supervisor and the supervisor shall share supervision when appropriate.

(8) A supervisor shall not sexually harass or participate in any form of sexual conduct with supervisees.

(9) A supervisor shall not use the supervision process to further personal, religious, political, financial or business interests.

(10) A supervisor shall not endorse any treatment that would harm a client either physically or psychologically.

(11) A supervisor shall not establish a psychotherapeutic relationship as a substitute for supervision. Personal issues shall be addressed in supervision only in terms of the impact of these issues on clients and on professional functioning.

(12) A supervisor shall never supervise any person closely related by blood, marriage or other significant relationships.

(a) "Closely related by blood or marriage" is defined to include, but is not limited to, spouse, children (whether dependent or independent), parents, grandparents, siblings and any other persons related by blood or marriage who reside in the same household.

(b) "Significant Relationship" means persons living together as a spousal or family unit when not legally married or related where the nature of the relationship may impair the objectivity or independence of judgment of one individual working with the other.

(13) A supervisor shall be honest and direct with supervisees about observed professional and clinical limitations of the supervisee. These concerns shall be clearly documented and shared with the supervisee.

(14) A supervisor shall not endorse a supervisee for certification or licensure if the supervisor has documented proof of impairment or professional limitations that would interfere with the performance of counseling duties in a competent and ethical manner.

(15) The supervision provided by a supervisor shall be provided in a professional and consistent manner to all supervisees regardless of age, race, ethnicity, color, sex, gender identity or expression, national ancestry, religion, genetic information, parental status, military status, physical disability, sexual orientation, political belief, marital or socioeconomic status, psychiatric or psychological conditions, disability, or other identifying traits that could subject an individual to discrimination but are not expressly protected by state or federal law.

(16) A supervisor shall not delegate professional responsibilities to a supervisee if the task is outside of the supervisee's scope of practice, training, or experience.

(17) A supervisor shall not exploit the supervisee for financial gain.

(18) A supervisor shall not instruct a supervisee to perform in a way which would violate any section of the supervisee's code of ethical conduct.

(E) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-03 Code of ethics for prevention professionals.

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for certification shall follow and establishes the minimum standard of practice for registered applicants (RA), Ohio certified prevention specialist assistants (OCPSA), Ohio certified prevention specialists (OCPS) and Ohio certified prevention consultant (OCPC).

(B) A violation of these rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a certificate or for the denial of the initial certificate or renewal, or reinstatement of a certificate.

(C) Prevention certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of consumers and colleagues is paramount. Additionally, certificate holders are obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, prevention certificate holders can foster an environment of trust, credibility, and accountability within their field.

(1) Professional standards:

(a) The certificate holder shall meet and comply with all terms, conditions or limitations of certification.

(b) The certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-07 to 4758-6-10 of the Administrative Code.

(c) The certificate holder shall refer consumers to a person or agency qualified by competency, experience, certification, or license to provide such professional services.

(d) The certificate holder shall not participate in discrimination of clients and family members of clients, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(e) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or any other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(f) The certificate holder shall not administer to him/herself any substances in a manner which would be dangerous or harmful to consumers.

(g) The certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, and statutes.

(h) The certificate holder shall act in the best interest of the consumer. The certificate holder shall act to respect the integrity of the consumer.

(i) The certificate holder shall not engage in any action that violates the civil or legal rights of consumers.

(j) The certificate holder shall maintain an objective and non-possessive relationship with those they are serving and shall not exploit them sexually, emotionally, financially, or otherwise.

Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

(k) The certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The certificate holder shall comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to: duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a felony in Ohio shall be grounds for disciplinary action.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice prevention services shall be grounds for disciplinary action.

(3) Fraud related conduct:

(a) The certificate holder shall not make any misrepresentation or false statement to the board.

(b) A certificate holder shall not use a title, designation, credential, license, firm name, letterhead, publication, term, title or document which states or implies an ability, relationship or qualification the certificate holder is not qualified to use or does not exist.

(c) The certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate is held.

(d) The certificate holder shall not sign or issue in the certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The certificate holder shall assign appropriate credit to published material.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) Except as outlined in rule 4758-11-03 of the Administrative Code, the certificate holder shall report any violation of this code of ethics to the board.

(c) In submitting information to the board, a certificate holder shall comply with any requirements pertaining to the disclosure of consumer information established by federal or state law or regulation.

(d) The license or certificate holder shall comply with all mandatory reporting requirements set forth in the revised code to include, but not limited to, a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(6) Impairment

(a) A certificate holder shall not undertake or continue a professional role when there is a reasonable belief that the judgment, competence and/or objectivity of certificate holder is impaired due to mental, emotional, physiological, pharmacological, or substance use conditions.

(b) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological conditions, emotional distress or an other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(7) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-07

(A) An individual holding a valid registered applicant certificate may:

Perform the following prevention services only while under supervision of anyone listed in paragraph (B) of this rule:

(1) Information dissemination;

(2) Prevention education;

(3) Communication;

(4) Alternatives; and

(5) Problem identification and referral.

,

(B) An individual holding a valid registered applicant certificate may perform the prevention services specified in paragraph (A) of this rule only while under the supervision of any of the following:

(1) A prevention consultant or prevention specialist certified under Chapter 4758. of the Revised Code;

(2) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(3) A psychologist licensed under Chapter 4732. of the Revised Code

(4) A registered nurse licensed under Chapter 4723. of the Revised Code or an individual authorized to practice as a certified nurse practitioner or clinical nurse under Chapter 4723. of the Revised Code;

(5) An independent social worker, and a social worker, licensed under Chapter 4757. of the Revised Code;

(6) A school counselor licensed by the department of education pursuant to section 3319.22 of the Revised Code;

(7) A health education specialist certified by the national commission for health education credentialing.

(C) An individual holding a valid registered applicant certificate may:

Engage in the following only while under supervision of anyone listed in paragraph (D) of this rule:

(1) Planning and evaluation;

(2) Community based processes;

(3) Environmental strategies; and

(4) Professional growth and responsiblities.

(D) An individual holding a valid registered applicant certificate may engage prevention strategies and activities listed in paragraph (C) of this rule only while under the supervision of any of the following:

(1) A prevention consultant or prevention specialist certified under Chapter 4758. of the Revised Code;

(2) A health education specialist certified by the national commission for health education credentialing.

(E) A registered applicant may not practice as an independent practitioner.

Last updated July 12, 2024 at 9:11 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-6-10

(A) An individual holding a valid prevention consultant certificate issued under Chapter 4758. of the Revised Code may:

(1) Manage, supervise and perform the following prevention services:

(a) Information dissemination;

(b) Prevention education;

(c) Alternatives; and

(d) Problem identification and referral.

(2) Manage, supervise and perform the following prevention strategies and activities:

(a) Planning and evaluation;

(b) Communication;

(c) Community based processes and community organization;

(d) Public policy and environmental change; and

(e) Professional growth and responsibility.

(3) Conduct program, organizational and community assessment, development and evaluation activities.

(4) Provide specialized consultation and technical assistance of program, organizational and community assessment, planning, evaluation, prevention intervention and referral activities.

(5) Facilitate the assessment, development, implementation and evaluation of prevention policy and environmental strategies.

(B) A prevention consultant may supervise:

(1) Prevention program volunteers;

(2) Registered applicants;

(3) Ohio certified prevention specialist assistants; and

(4) Ohio prevention specialist professionals.

(C) A prevention consultant may manage prevention departments and programs.

(D) A prevention consultant may practice as an independent practitioner.

Last updated July 12, 2024 at 9:12 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-04 Codes of ethical practice and professional conduct: telehealth services.

(A) Telehealth means the use of real-time audio or audiovisual communications that permit accurate and meaningful interaction between at least two people, one of whom is a licensee or certificate holder. For the purposes of this rule, modalities, including but not limited to phone, video, text, email, instant messaging/chat, are considered telehealth.

(1) The licensee or certificate holder providing services within their scope of practice via telehealth to persons physically present in Ohio shall be licensed in Ohio.

(2) The licensee or certificate holder providing services to a client outside the state of Ohio shall comply with the laws and rules of the jurisdiction where the client is located at the time services are rendered.

(3) The licensee or certificate holder shall confirm the client's location at the time services are rendered.

(B) The licensee or certificate holder shall consider their education, training, and experience before providing telehealth services and provide only services for which they are competent. The licensee or certificate holder shall assume responsibility to continually assess both their professional and technical competence when providing telehealth services.

(C) No initial in person or face to face audiovisual visit is necessary to initiate services using telehealth modalities.

(D) The licensee or certificate holder shall screen each client for appropriateness to receive services via telehealth throughout the course of treatment, which includes considering their current mental and emotional status, conducive treatment modalities, and ongoing effectiveness of the service. The licensee or certificate holder shall screen each client's technological capabilities as part of the intake process and document any assistance provided to facilitate access.

(1) The licensee or certificate holder shall regularly review whether the use of telehealth is meeting the clinical needs of the client. This review should also occur in clinical supervision of the dependent licensee or certificate holder.

(2) Ongoing review of appropriateness of telehealth to meet the clinical needs of the client should be reviewed in the clinical supervision of the dependent licensee or certificate holder.

(E) The licensee or certificate holder is under no obligation to provide services via telehealth if their clinical judgement indicates telehealth is not an appropriate modality for delivering services to the client.

(F) No licensee or certificate holder shall engage in telehealth services while operating a motor vehicle or similar equipment, nor engage in activities during telehealth that do not allow the licensee or certificate holder to focus on the client or prepare to document session. The licensee or certificate holder should terminate a session if it is determined while in a session the client is engaged in activities that could endanger themselves or others.

(G) A licensee or certificate holder shall not provide telehealth when either the client or licensee or certificate holder is in a setting where the confidentiality of the session could reasonably be expected to be compromised.

(H) When using video conferencing for telehealth services, the licensee or certificate holder shall remain on camera throughout the session.

(I) The licensee or certificate holder shall be aware of cultural and developmental differences and how they can affect non-verbal cues. The licensee or certificate holder shall also be aware of audio, visual, and cognitive impairment, and the impact of these on the use of telehealth services. Telehealth methods should be appropriate to the client and their environment.

(J) The licensee or certificate holder must maintain records in accordance with state and federal regulations. Such records must clearly indicate when services are provided through telehealth.

(K) The licensee or certificate holder shall document all relevant communication with clients, to include emails, texts, instant messages, and chat history.

(L) The licensee or certificate holder is not responsible for client misuse of telehealth devices during the provision of services.

(M) During the initial session, the licensee or certificate holder must establish informed consent and shall include information defining telehealth delivery as practiced by the licensee, as well as potential risks, security issues, and confidentiality issues when receiving telehealth. In the case of a minor client, the licensee or certificate holder must address any potential issues specifically associated with treating minors.

(1) Each client shall be given sufficient opportunity to ask questions and receive answers about telehealth. These discussions should be documented in the client record.

(2) Informed consent should include a discussion of how telehealth may affect billing and access to insurance benefits.

(3) The licensee or certificate holder shall document permission prior to recording any part of the telehealth session. If the licensee or certificate holder is storing audiovisual records from sessions, these cannot be released to the client unless authorization from the client is obtained specifically stating the records are to be released.

(4) The licensee or certificate holder shall not provide services without client informed consent which can be documented through verbal acknowledgement, online signature, or by signing a hard copy form. The licensee or certificate holder must make available to the client a copy of the consent documents regardless of the form of consent by the client.

(5) The licensee or certificate holder shall make available to client access to information for all certification bodies and licensure boards to facilitate consumer protection and include a link to the board online license verification site.

(6) The licensee or certificate holder shall provide to the client information on how to access assistance in a crisis and outside of established business hours.

(N) The licensee or certificate holder shall have a contingency plan for providing services to client when technical problems occur during a telehealth session, or when technical problems prevent a session from occurring.

(O) The licensee or certificate holder shall comply with all requirements under state and federal law regarding the protection of client confidentiality while providing services. Each provider shall ensure that any username or password information and any electronic communications between the provider, client, or third parties are securely transmitted and stored.

Last updated July 12, 2024 at 9:12 AM

History

  • Effective: July 12, 2024
  • Promulgated Under: 119.03

Chapter 4758-10 Disciplinary Actions

Ohio Adm.Code 4758-10-01 Disciplinary action against licensees, certificate holders, applicants, or endorsees.

(A) The board may refuse to admit for examination, issue, renew, or may suspend, revoke, reprimand or place restrictions on any license, certificate, or endorsement applied for under Chapter 4758. of the Revised Code, or may take other disciplinary action against any licensee, certificate holder, endorsee, or applicant for one or more of the following reasons:

(1) Violation of any provision of Chapter 4758. of the Revised Code or any rules adopted under it.

(2) Making a false statement on an application for a license, certificate, or endorsement or for renewal, restoration or reinstatement of a license, certificate, or endorsement.

(3) Acceptance of a commission or rebate for referring an individual to a person who holds a license, certificate, or endorsement issued by, or who is registered with, an entity of state government, including persons practicing substance use disorder counseling, gambling disorder counseling, prevention services, or fields related to substance use disorder counseling, gambling disorder counseling, or prevention services.

(4) Conviction in this or any other state of any crime that is a felony in this state.

(5) Conviction in this or any other state of a misdemeanor committed in the course of practice as a licensee, certificate holder or endorsee, or a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense which relates to the ability to practice substance use disorder or gambling disorder counseling, or prevention services.

(6) Inability to practice as a licensee, certificate holder or endorsee due to substance use or abuse or other physical or mental conditions.

(7) Practicing outside the individual's scope of practice.

(8) Practicing without complying with supervision requirements specified under section 4758.55, 4758.56, 4758.59, 4758.61 or 4758.63 of the Revised Code.

(9) Violation of the code of ethical practice and professional conduct for substance use disorder or gambling disorder counseling, prevention services, or clinical supervision outlined in rules 4758-8-01 to 4758-8-03 of the Administrative Code.

(10) Revocation of a license or certificate or voluntary surrender of a license or certificate in another state or jurisdiction for an offense that would be a violation of section 4758.30 of the Revised Code.

(11) Failure to meet education, experience, examination, and other requirements set forth in Chapter 4758. of the Revised Code;

(B) Authority of the board to take action against an applicant, licensee, certificate holder, or endorsee:

(1) A violation of any of the rules of conduct or ethical rules may result in one or more of the following disciplinary actions:

(a) Refusal to issue a license, certificate, or endorsement;

(b) Refusal to renew a license, certificate, or endorsement;

(c) Reprimand of a licensee, certificate holder, or endorsee;

(d) Suspension of a license, certificate, or endorsement;

(e) Revocation of a license, certificate, or endorsement; or

(f) Surrender of a license, certificate, or endorsement.

(2) Past disciplinary actions taken against a licensee or certificate holder of this board may be considered in the choice of sanctions for a new offense. Section of sanctions to be imposed shall be at the discretion of the board after the licensee has been provided a right to a hearing pursuant to Chapter 119. and as outlined in section 4758.30 of the Revised Code.

(C) Persons wishing to file a grievance against a licensee or certificate holder of this board or against someone seeking licensure may do so by obtaining and completing a written grievance form and submitting it to the board by mail, fax, or email.

(D) The board may initiate an investigation against a licensee or certificate holder if the board has reason to believe that the licensee or certificate holder is violating any laws or rules outlined in Chapter 4758. of the Revised Code or agency 4758 of the Administrative Code.

(E) The board shall give the applicant, licensee, or certificate holder notice in accordance with Chapter 119. and Chapter 4758. of the Revised Code, if it intends to propose to reprimand, suspend, revoke, place restrictions on, or fail to issue or renew the license, certificate, or endorsement.

(F) If the board decides to revoke a license, certificate, or endorsement, the licensee or certificate holder may reapply for the issuance of a license, certificate, or endorsement five years after the revocation of the license, certificate, or endorsement.

(G) If the board decides to deny the issuance of a license, certificate, or endorsement, the applicant may reapply for the issuance of a license, certificate, or endorsement not less than one year after the denial.

Last updated April 3, 2024 at 2:43 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-01

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for licensure or certification shall follow and establishes the minimum standard of practice for certified chemical dependency counselor assistants (CDCA), licensed chemical dependency counselors II (LCDCII), licensed chemical dependency counselors III (LCDCIII), licensed independent chemical dependency counselors (LICDC), licensed independent chemical dependency counselors-clinical supervisors (LICDC-CS), and those licensees who carry the gambling disorder endorsement.

(B) A violation of rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a license or certificate or for the denial of the initial license or certificate or renewal, or reinstatement of a license or certificate.

(C) Licensees and certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of their clients and colleagues is paramount. Additionally, licensees and certificate holders lare obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, licensees and certificate holders can foster an environment of trust, credibility, and accountability within their field.

(1) Professional standards:

(a) The licensee or certificate holder shall meet and comply with all terms, conditions or limitations of licensure or certification.

(b) The licensee or certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-01 to 4758-6-14 of the Administrative Code.

(c) A licensee or certificate holder shall obtain appropriate consultation or make an appropriate referral when the client's problem is beyond the licensee or certificate holder's area of training, expertise, competency or scope of practice.

(d) The licensee or certificate holder shall refer clients to a person or agency that the licensee or certificate holder knows is qualified by training, experience, certification or license to provide such professional services.

(e) The licensee or certificate holder shall not participate in discrimination of clients and family members, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(f) The licensee or certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, and statutes.

(g) In general, in substance use disorder and gambling disorder counseling, the best interest of the client is considered to be of paramount importance in making decisions regarding treatment. The "best interest" of the client would reflect these things that would most benefit the client economically, socially, vocationally and in terms of freedom from external restrictions. However, there may exist in the context of substance use disorder or gambling disorder treatment certain protocols, restrictions, or arrangements which are contrary to what clients would consider to be in their best interest. There may also be circumstances in which agency philosophy or orientation or the personal beliefs of the counselor may influence decisions regarding the client's treatment. When such circumstances or restrictions are present, they should be disclosed and explained to the client unless such disclosure is expressly prohibited or would clearly violate the safety, rights or interests of another person.

(h) The licensee or certificate holder shall primarily be concerned with the welfare of the client. The licensee or certificate holder shall respect the integrity of the client.

(i) The licensee or certificate holder shall not engage in any action that violates the civil or legal rights of clients.

(j) The license or certificate holder shall have an obligation to protect the client's right to confidentiality as established by law or the professional standards of practice. Confidential information shall only be revealed to others when the clients or other persons legally authorize to give consent on the behalf of the clients, have given their informed and written consent, unless there is a serious and current or imminent threat of harm to the client of others or as otherwise authorized by law.

(k) The licensee or certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The licensee or certificate holder shall not offer professional services to a client in substance use disorder or gambling disorder counseling with another professional except with the knowledge of the other professional or after the termination of the client relationship with the other professional.

(m) A licensee or certificate holder shall terminate a substance use disorder or gambling disorder counseling or consulting relationship when it is reasonably clear to the licensee or certificate holder that the client is not benefiting from it.

(n) A licensee or certificate holder shall not discontinue professional services to a client unless:

(i) Services have been completed;

(ii) The client requests the discontinuation;

(iii) Alternative or replacement services are arranged; or

(iv) The client is given reasonable opportunity to arrange alternative or replacement services.

(o) A licensee or certificate holder shall not physically or verbally abuse or threaten clients, former clients, or family members of clients or former clients.

(p) A licensee or certificate holder shall not use derogatory language in their written or verbal communications to or about clients, former clients, or family members of clients or former clients.

(q) A licensee or certificate holder is required to submit and maintain their legal address and contact information through the board's electronic licensure system and is required to notify the board of any changes to their name, mailing address, phone number or email address within thirty days.

(r) A licensee or certificate holder shall not provide services without appropriate supervision in accordance with their scope of practice, which shall include completion of any required supervision documentation.

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a felony in Ohio shall be grounds for disciplinary action.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice substance use disorder or gambling disorder counseling shall be grounds for disciplinary action.

(3) Fraud related conduct:

(a) The licensee or certificate holder shall not omit, make any misrepresentation, or make any false statement to the board.

(b) A licensee or certificate holder shall not use a title, designation, credential, license, name, name or organization affiliation, or other language on a letterhead, publication, or document, any social media, or other medium which states or implies an ability, relationship or qualification the licensee or certificate holder is not qualified to use or does not exist.

(c) The licensee or certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate/license is held.

(d) The licensee or certificate holder shall not sign or issue in the licensee or certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The licensee or certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The licensee or certificate holder shall assign appropriate credit to published material.

(g) A licensee or certificate holder shall not falsify, fraudulently amend, knowingly make incorrect entries or fail to make timely essential entries into the client records.

(h) A licensee or certificate holder shall not condone, partake, or assist in billing irregularities or fraud with respect to grants, insurance companies or direct billing.

(i) A licensee or certificate holder shall not bill for services that are not rendered.

(j) A licensee or certificate holder shall not aid or abet another person in misrepresenting professional credentials or engaging in illegal or unethical practice.

(k) A licensee or certificate holder shall not provide services under the signature of their license or certificate while said license or certificate is in an inactive lapsed, escrow, or expired status.

(l) A licensee or certificate holder shall not engage in deceptive behavior in a professional setting whether it is to advance their professional standing, avoid disciplinary action or for any other reason.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The licensee or certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) Except as in rule 4758-11-03 of the Administrative Code, the licensee or certificate holder has the duty to report any violation of this code of ethics to the board.

(c) In submitting information to the board, a licensee or certificate holder shall comply with any requirements pertaining to the disclosure of client information established by federal or state law or regulation.

(d) The license or certificate holder shall comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to, a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(6) Client relationships:

(a) A licensee or certificate holder shall maintain an objective and non-possessive relationship with those they serve and shall not develop, implement, or maintain a multiple relationship or conflict of interest with any client, former client, family member of a client or a former client, or other person encountered in professional or non-professional settings, which may impair professional judgment, increase the risk of exploitation, or not be in the best interest of a client at any time.

(b) A licensee or certificate holder shall not enter into a substance use disorder or gambling disorder counseling relationship with members of his or her own family, friends or close associates or others who might be jeopardized by such a multiple relationship.

(c) If a multiple relationship is recognized, a dependent licensee or certificate holder shall:

(i) Discuss as soon as reasonably possible any potential multiple relationship and/or conflict of interest with the appropriate supervisor;

(ii) Immediately discuss any potential multiple relationship and/or conflict of interest with the client;

(iii) Obtain written consent between the supervisor, licensee or certificate holder, and the client;

(iv) Document how continuation of the multiple relationship and/or conflict of interest serves the best interest of the client. The best interest of the client shall be reassessed and documented.

(v) Consider all factors on a case-by-case basis, such as informed consent, consultation, and supervision.

(d) If a multiple relationship is recognized, an independent licensee shall consult with another independent licensee and document that consultation in addition to following paragraphs (C)(6)(c)(ii) to (C)(6)(c)(v) of this rule

(e) Multiple relationships include, but are not limited to, the following:

(i) Familial relationships;

(ii) Social relationships;

(iii) Emotional relationships;

(iv) Financial relationships, including but not limited to, accepting gifts, bartering for services, accepting free services, or accepting discounts on services;

(v) Supervisory relationships;

(vi) Professional relationships;

(vii) Administrative relationships;

(viii) Legal relationships, and/or;

(ix) Social media/personal virtual relationships.

(f) Regardless if no services were provided to a client by the licensee or certificate holder, all clients of a treatment provider or agency are also considered a client of the licensee or certificate holder that is employed or contracted by that treatment provider or agency.

(g) This paragraph shall also apply to license or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing shall be considered clients of the licensee or certificate holder.

(7) Sexual relationships and misconduct:

(a) Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

(b) A license or certificate holder shall not engage in any type of sexual conduct or sexual relationship with a current client.

(c) A license or certificate holder shall not provide services to anyone in which they have had a prior sexual relationship.

(d) A licensee or certificate holder shall not have a sexual relationship, nor engage in any form of sexual conduct with former client within two years, at a minimum, after the termination of professional services. A licensee or certificate holder shall never engage in a sexual relationship with a former client if such relationship is not in the best interest of the client or increases the risk of client exploitation.

(e) A licensee or certificate holder who chooses to engage in a sexual relationship with a former client after the mandatory two year period of time will have the full burden of demonstrating that the former client has not been exploited, coerced or manipulated intentionally or unintentionally.

(f) A licensee or certificate holder shall never engage in a sexual relationship with a former client's family member if that relationship is not in the best interest of the client or increases the risk of client exploitation.

(g) A licensee or certificate holder shall not sexually harass a client, former client, or family members of a client or former client.

Sexual harassment includes any activity, contact, or conduct that a reasonable person may consider offensive or harassing that is sexual or sexual in nature, including but not limited to: sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexually offensive or harassing.

(h) A licensee or certificate holder shall not sexually harass persons they encounter in professional settings.

(i) Regardless if no services were provided to a client by the licensee or certificate holder, all clients of a treatment provider or agency are also considered a client of the licensee or certificate holder that is employed or contracted by that treatment provider or agency.

(j) This paragraph shall also apply to license or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing shall be considered clients of the licensee or certificate holder.

(8) Private practice:

(a) An independent licensee employed by an agency may not solicit or refer a current client of the agency to the independent licensee's private practice. Independent licensees may offer referrals to client's which include multiple options for the client to choose from and the independent licensee's private practice may be one of the multiple programs.

(b) When setting fees, an independent licensee shall ensure that fees are fair, reasonable and commensurate with the services performed.

(c) An independent licensee shall maintain client records for a period of seven years from the time services are completed.

(9) Professional disclosure:

(a) A licensee or certificate holder shall display a professional disclosure statement at the place where services are performed and shall provide a copy of the disclosure statement to clients upon request.

(b) Professional disclosure statements shall include the name, title, license or certificate type, license or certification number, business address and business phone number of the licensee or certificate holder.

(c) Professional disclosure statements shall identify licensee or certificate holder's formal professional education, areas of competence and the services they provide.

(d) Professional disclosure statements shall include language that directs the client to contact the board should they have complaints about the licensee or certificate holder. The name, address and phone number of the licensing board should be included in this language.

(e) For a licensee employed in a private practice, a fee schedule shall be listed by type of service or hourly rate.

(10) Impairment:

(a) A licensee or certificate holder shall not undertake or continue a professional counseling role when there is a reasonable belief that the judgment, competence and/or objectivity of the licensee or certificate holder is impaired due to mental, emotional, physiological, pharmacological, or substance use conditions.

(b) A licensee or certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or an other physical health related adversity that interferes with the licensee or certificate holder's ability to function competently. A licensee or certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(11) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-03

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for certification shall follow and establishes the minimum standard of practice for registered applicants (RA), Ohio certified prevention specialist assistants (OCPSA), Ohio certified prevention specialists (OCPS) and Ohio certified prevention consultant (OCPC).

(B) A violation of these rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a certificate or for the denial of the initial certificate or renewal, or reinstatement of a certificate.

(C) Prevention certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of consumers and colleagues is paramount. Additionally, certificate holders are obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, prevention certificate holders can foster an environment of trust, credibility, and accountability within their field.

(1) Professional standards:

(a) The certificate holder shall meet and comply with all terms, conditions or limitations of certification.

(b) The certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-07 to 4758-6-10 of the Administrative Code.

(c) The certificate holder shall refer consumers to a person or agency qualified by competency, experience, certification, or license to provide such professional services.

(d) The certificate holder shall not participate in discrimination of clients and family members of clients, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(e) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or any other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(f) The certificate holder shall not administer to him/herself any substances in a manner which would be dangerous or harmful to consumers.

(g) The certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, and statutes.

(h) The certificate holder shall act in the best interest of the consumer. The certificate holder shall act to respect the integrity of the consumer.

(i) The certificate holder shall not engage in any action that violates the civil or legal rights of consumers.

(j) The certificate holder shall maintain an objective and non-possessive relationship with those they are serving and shall not exploit them sexually, emotionally, financially, or otherwise.

Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

(k) The certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The certificate holder shall comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to: duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a felony in Ohio shall be grounds for disciplinary action.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice prevention services shall be grounds for disciplinary action.

(3) Fraud related conduct:

(a) The certificate holder shall not make any misrepresentation or false statement to the board.

(b) A certificate holder shall not use a title, designation, credential, license, firm name, letterhead, publication, term, title or document which states or implies an ability, relationship or qualification the certificate holder is not qualified to use or does not exist.

(c) The certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate is held.

(d) The certificate holder shall not sign or issue in the certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The certificate holder shall assign appropriate credit to published material.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) Except as outlined in rule 4758-11-03 of the Administrative Code, the certificate holder shall report any violation of this code of ethics to the board.

(c) In submitting information to the board, a certificate holder shall comply with any requirements pertaining to the disclosure of consumer information established by federal or state law or regulation.

(d) The license or certificate holder shall comply with all mandatory reporting requirements set forth in the revised code to include, but not limited to, a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(6) Impairment

(a) A certificate holder shall not undertake or continue a professional role when there is a reasonable belief that the judgment, competence and/or objectivity of certificate holder is impaired due to mental, emotional, physiological, pharmacological, or substance use conditions.

(b) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological conditions, emotional distress or an other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(7) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03

Chapter 4758-11 Treatment of Impaired Practitioners

Ohio Adm.Code 4758-11-02 Procedures in impairment cases.

(A) Should the board have reason to believe that a licensee, certificate holder, or applicant suffers from impairment as defined by paragraph (T) of rule 4758-2-01 of the Administrative Code, it may compel the individual to submit to a mental or physical examination, or both. Such examination shall be completed by a treatment provider that has been approved by the board. The notice issued ordering to submit to an examination shall specify conduct, acts or behavior committed or displayed to establish reason to believe that the licensee, certificate holder, or applicant is considered impaired. Failure to submit to examination ordered by the board constitutes an admission of impairment, unless the failure is due to circumstances beyond the individual's control as determined by the board.

(B) If the examination outlined in paragraph (A) of the rule finds that the individual is not impaired, no action shall be initiated by the board.

(C) If the examination outlined in paragraph (A) of this rule finds that the individual is impaired, or if the board has reasonable evidence of impairment, the board shall initiate proceedings to suspend the license or certificate or deny the initial application.

(1) Before being eligible to apply for reinstatement of a license or certificate suspended under this rule, the practitioner shall provide evidence to the board of the following:

(a) Certification from the designated treatment provider that the practitioner has successfully completed any required inpatient or outpatient program;

(b) Continuing compliance with an aftercare contract;

(c) One or more written reports as determined by the board indicating that the licensee or certificate holder has been assessed by a licensed practioner approved by the board and has been found capable of practicing according to acceptable and prevailing standards of care.

(2) The board may reinstate the suspended license or certificate or reactivate an inactive license or certificate under this rule after sufficient demonstration as determined by the board of the items outlined in paragraph (C)(1) of this rule and after the individual has entered into a written consent agreement with the board.

(3) When the licensee or certficate holder resumes practice under this rule, the board may require continued monitoring of the practitioner.

(D) A licensee or certificate holder may appeal rulings of the board in regards to impairment.

Last updated July 5, 2023 at 2:58 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-2-01

In addition to the definitions set forth in Chapter 4758. of the Revised Code, the following meanings shall apply to all rules promulgated by the chemical dependency professionals board, unless the word or term is explicitly defined or used in different manner in a specific paragraph under one of the provisions.

(A) The board adopts the following titles and meanings:

(1) "CDCA" means Ohio chemical dependency counselor assistant.

A CDCA designated as a preliminary certificate means a certificate that cannot be renewed.

(2) "LCDC II" means Ohio licensed chemical dependency counselor II.

(3) "LCDC III" means Ohio licensed chemical dependency counselor III.

(4) "LICDC" means Ohio licensed independent chemical dependency counselor.

(5) "LICDC-CS" means Ohio licensed independent chemical dependency counselor clinical supervisor.

(6) "RA" means a registered applicant for prevention certification.

(7) "OCPSA" and "CPSA" means Ohio certified prevention specialist assistant.

(8) "OCPS," and "CPS" means Ohio certified prevention specialist.

(9) "OCPC" and "CPC" means Ohio certified prevention consultant.

(B) "Accredited school or university" means a school, college university or educational institution accredited by a state or national accrediting agency accepted by the Ohio department of higher education.

(C) "Applicant" means a person who has formally requested an initial or renewal license, certificate, or endorsement with the board.

(D) "Application" means an initial or renewal application properly filed online with the board for a license, certificate, or endorsement that included all the information, documentation, and other requirements for processing the application.

(E) "Behavioral science degree" is defined as a course of study at an accredited school or university, which includes the study of human behavior or nursing as a focus verified by one of the following:

(1) A degree in human services, addiction/substance use disorders, social work, psychology, sociology, criminal justice, clinical counseling, school counseling, human development and family sciences, public health or nursing; or

(2) Twenty-four semester hours within a required associates, bachelors or master's degree in a combination of any of the following courses: human services, addiction studies, substance use disorders, social work, criminal justice, corrections, psychology, child development, counseling, vocational rehabilitation counseling, sociology, public health, health promotion, personal health that included substance use, education, gender studies, diversity, equity and inclusion, or additional courses approved by the board.

(F) "Board" means the Ohio chemical dependency professionals board.

(G) "Certify" means the process of formalizing an action by the board.

(H) "CEU" means continuing education unit.

(I) "Chemical dependency counselor" means a person who holds a chemical dependency counselor certificate or license from the board.

(J) "Client" or "patient" means any person or entity seeking or assigned the services regardless of the chemical dependency counselor's setting.

(K) "Code of Ethics" is the minimum standard of practice required of substance use disorder counselors, prevention professionals or clinical supervisors.

(L) "Complainant" means a person who filed a grievance with the board against an applicant, certificate holder or licensee under the board's jurisdiction after the grievance has been certified by the board to a complaint.

(M) "Complaint" is a formal charge by the board against an applicant, certificate holder, or licensee under the board's jurisdiction.

(N) "Consumer" means any person or entity seeking or assigned the services regardless of the prevention professional's setting.

(O) "Contact hour" means one clock or CEU hour.

(P) "Core Functions"

(1) The core functions defined by IC&RC are the following:

(a) Screening, assessment and engagement, including intake, orientation;

(b) Treatment planning, collaboration, and referral, including consultation, client education, and case management;

(c) Counseling, including individual, group, family, and crisis intervention; and

(d) Professional and ethical responsibilities, including reports and record keeping.

(2) The core functions that are clinical are the following: assessment, treatment planning, counseling that is individual, group, or family, and crisis intervention.

(Q) "Course" or "Coursework" means a course at an accredited school or univeristy in which the applicant received credit.

(R) "Credential/credentialed" means a valid license or certificate to practice substance use disorder counseling or prevention under Chapter 4758. of the Revised Code.

(1) "Valid" and "active" means a license or certificate in which the credential holder may practice and may be used interchangeably, and have the same meaning.

(2) "Inactive" means a license or certificate in which the credential holder may not practice.

(a) "Escrow" means the license or certificate holder elected not to continue to practice but may be reinstated as active.

(b) "Lapsed" means the licensee or certificate holder may not continue to practice for failure to fulfill all requirements for renewal but may be reinstated as active.

A preliminary CDCA certificate may lapse for failing to submit a timely application for a CDCA renewable certificate.

(c) "Expired" means the licensee or certificate holder may not practice for failure to timely comply with all requirements for renewal or application and may not be reinstated or renewed as active.

(S) "Gambling disorder" means a persistent and recurring maladaptive gambling behavior that is classified in accepted nosologies, including the diagnostic and statistical manual of mental disorders and the international classification of diseases, and in editions of those nosologies published after the effective date of this rule.

(T) "Grievance" is the filing of an allegation with the board against an applicant, certificate holder, or licensee under the board's jurisdiction.

(U) "Grievant" means a person who filed a grievance with the board against an applicant.

(V) "Hearing officer" means a person appointed by the board who presides over an appeal hearing.

(W) "IC&RC" means the international certification and reciprocity consortium.

(X) "IC&RC domain" means the performance domain established by IC&RC through their job analysis process for examinations. Domains include identified tasks, knowledge and skills which provide the basis for examination questions.

(Y) "Impaired or impairment" is defined by the presence of substance use disorder, mental illness or other debilitating conditions that impacts the ability to practice according to acceptable and prevailing standards of care without appropriate treatment, monitoring, or supervision.

"Safe Haven" means a confidential, non-disciplinary program for the evaluation, monitoring and treatment of eligible practitioners who need assistance with a potential or existing impairment.

(Z) "Mental illness" means mental and/or emotional disorder(s) that are classified in accepted nosologies such as the international classification of diseases and the diagnostic and statistical manual of mental disorders and in future editions of those nosologies.

(AA) "Military personnel" are persons, as defined in section 4743.041 of the Revised Code, that are serving in the active guard and reserve, military duty, or uniform services.

(BB) "Multiple relationship" is defined as any financial, social, emotional, supervisory, political, administrative, legal or sexual relationship between a licensee or certificate holder and their client/consumer which might impair professional judgment or increase the risk of client/consumer exploitation.

(CC) "One quarter hour" equals ten clock hours.

(DD) "One semester hour" equals fifteen clock hours.

(EE) "Probation" and "Parole" includes, but is not limited to, post-release control. community control, intervention in lieu of convictions, deferred adjudication, restitution, offender registration.

(FF) "Prevention services" means a planned sequence of culturally relevant, evidenced-based strategies; which are designed to reduce the likelihood of or delay the onset of mental, emotional, and behavioral disorders. Prevention services shall:

(1) Be intentionally designed to reduce risk or promote health before the onset of a disorder;

(2) Be population-focused and targeted to specific levels of risk;

(3) Be reserved for interventions designed to reduce the occurrence of new cases of mental, emotional and behavioral disorders, and not be used for clinical assessment, treatment, relapse and recovery support services, or medications of any type.

(GG) "Reciprocity" means the ability to transfer an individual's credentials to or from an IC&RC member board or another entity as approved by the board.

(HH) "Reprimand" means a sanction that is a formal, written, published reproof issued to a respondent whom the board has determined has breached the code of ethics.

(II) "Respondent" means an applicant, certificate holder or licensee who becomes the subject of a grievance or complaint.

(JJ) "Revocation" means a sanction resulting in the complete forfeiture of the certificate or license without the possibility of reinstatement unless otherwise determined by the board.

(KK) "Scope of Practice" means the services, methods, and techniques for which a person who holds a certificate, license, or endorsement is trained and qualified as identified in Chapter 4758. of the Revised Code and agency 4758 of the Administrative Code.

(1) "Substance use disorder" as defined by the applicable Diagnostic and Statistical Manual of Mental Disorders (DSM) and can refer to alcohol and other drugs.

(2) "Substance" and "chemical" may be used interchangeably and have the same meaning.

(3) "Substance use disorder," "addiction," and "chemical dependency" may be used interchangeably and have the same meaning.

(LL) "Substance Use Disorder clinical counseling principles, methods, or procedures" includes counseling, assessing, consulting, and referral as they relate to substance use disorder conditions, and may also include the core functions and may include other accepted principles of counseling, as such principles may apply to the treatment of individuals with substance use disorder. The methods or procedures of counseling may include those specific categories of service or intervention as defined by the Ohio department of mental health and addiction services or other regulating or funding entities, so long as such procedures are applied to persons with substance use disorder and fall within the scopes of practice.

(MM) "Sufficient specificity" information, facts, and/or evidence whereby a reasonable person within the profession can determine the matter in which it references based on the detail, scope, clarity, and/or description given.

(NN) "Supervised internship experience" means an completed internship, practicum or field placement that is verified by transcript as as part of a accrediated school or university degree program.

(OO) "Suspension" means a sanction resulting in the temporary inactive status for a period of time determined by the board.

(PP) "Work":

(1) For a CDCA, LCDC II, LCDCIII, LICDC, or LICDC-CS, "work" shall mean work experience, supervised internship, or supervised apprenticeship in:

(a) "Work experience" means compensated employment in:

(i) Services rendered in substance use disorder treatment within a scope of practice to perform such services;

(ii) The practice of psychology, as defined in section 4732.01 of the Revised Code; or

(iii) The practice of professional counseling, the practice of social work, or the practice of marriage and family therapy, all as defined in section 4757.01 of the Revised Code.

(b) An internship means a course or courses from an accredited school or university that is verified by a transcript.

(c) A supervised apprenticeship means:

(i) An Ohio apprenticeship under division 5101:11 of the Adminstrative Code that is approved by the board;

(ii) Limited to services rendered in substance use disorder treatment; and

(iii) Commenced after obtaining a HS diploma or GED.

(2) For prevention services, "work" shall mean:

(a) Compensated or uncompensated work providing prevention services for an OCPSA or OCPS certificate.

(b) Compensated work providing prevention services for an OCPC certificate, which includes administering and supervising the services.

(3) An "internship," "practicum," and "field experience" may be used interchangeably and have the same meaning.

(QQ) "Unauthorized practice" means engaging in activities for which a license, certificate, or endorsement is required under Chapter 4758. of the Revised Code.

(1) Without holding a valid license, certificate, or endorsement to engage in such activity, or

(2) Engaging in activities outside the scope of practice of a valid license certificate, or endorsement issued under Chapter 4758. of the Revised Code.

Last updated July 5, 2023 at 2:55 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-11-03 Confidential, non-disciplinary program.

(A) The board may establish a confidential, non-disciplinary program for the evaluation and treatment of eligible practioners who need assistance with a potential or existing impairment due to substance use disorder or other mental health conditions. This program shall be known as the board's safe haven program.

(B) The board shall contract with one entity, hereafter referred to as the monitoring organization, to conduct the safe haven program. The monitoring organization shall determine the eligibility for participation in the safe haven program and provide associated services to eligible practioners.

(C) Eligible practitioners shall include licensees or certificate holders of the board as well as applicants who have applied for a license or certificate from the board.

(D) Services provided by the monitoring organization include but are not limited to the following:

(1) Screening and/or evaluation for possible impairment due substance use disorder or other mental health conditions.

(2) Referral to treatment providers approved by the monitoring organization for the purpose of evaluating and/or treating impairment.

(3) Establishment of individualized monitoring criteria for a duration determined by the monitoring organization to ensure the continuing care and recovery from impairment.

(4) Case management.

(E) The monitoring organization that contracts with the board to conduct the safe haven program may receive referrals from any of the following:

(1) Applicants, licensees or certificate holders.

(2) Other individuals.

(3) Employers.

(4) Professional societies and associations.

(5) Health care personnel and treatment providers.

(6) Other entities and organizations.

(7) The Ohio chemical dependency professionals board.

(F) To participate in the safe haven program, an eligible practitioner must enter into an agreement with the monitoring organization to seek assistance for a potential or existing impairment due to substance use disorder or other or mental health conditions. The agreement may specify but is not limited to the following:

(1) Treatment and therapy plan.

(2) Support group participation.

(3) Case management.

(4) Duration of monitoring. Relapses and other failures to comply with the terms of the agreement may resutl in longer period of monitoring. As appropriate, an addendum to the agreement many be initiated by the imonitoring organization.

(5) Approved work activities, including but not limited to abstaining from work while receiving evaluation and/or treatment as well as ongoing monitoring of compliance with any restrictions or limitations specified by the monitoring organization or the board.

(6) Random toxicology testing.

(7) Releases for seeking information or records related to the practitioners's impairment, including but not limited to family or designated persons, health care personnel, employers, and treatment providers.

(8) Grounds for dismissal from participation in the non-disciplinary, safe haven program for failure to comply with program requirements.

(9) Any required fees assoicated with participation in the non-disciplinary, safe haven program, including but not limited to fees for treatment services and toxicology testing.

(G) The board shall not insitute disciplinary action based on impariment against a safe haven program participant so long as the participant enters into an agreement with the monitoring organization and complies with the same. the presence of impairment shall not excuse acts or preclude investigation or disciplinary action against a participant for other violations of this chapter or Chapter 4758. of the Revised Code.

(H) The monitoring organization shall report to the board for further investigation and/or action any participant who is unwilling or unable to complete or comply with the confidential, non-disciplinary safe haven program.

(I) All information received and maintained by the monitoring organization shall be held in confidence subject to section 2317.02 of the Revised Code and in accordance with federal law.

Last updated July 5, 2023 at 2:58 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03

Chapter 4758-13 Continuing Education and License Renewal

Ohio Adm.Code 4758-13-01 Continuing education requirements for chemical dependency counselors.

(A) The following steps are required for renewal of a license or certificate to practice as a chemical dependency counselor within each two-year period of licensure or certification.

(1) Completion of a renewal application in the board's electronic application system and submitting the proper fee prior to its expiration date and no earlier than ninety days prior to the expiration date.

(2) Completion of continuing education hours within the two year renewal cycle with documentation of these hours uploaded onto the board's continuing education monitoring system prior to renewal application payment.

(a) A minimum of thirty hours of approved continuing education credit within the two year renewal period;

(b) A minimum of six hours of the total thirty hours shall be in substance use disorder specific education;

(c) A minimum of three hours of the total thirty hours shall be in ethics education;

(d) For renewal of a LICDC-CS license, a minimum of six hours shall be in clinical supervision education within the following areas: assessment/evaluation, counselors' professional development, management/administration and professional responsibility;

(e) For renewal of a license with a gambling disorder endorsement, a minimum of six hours shall be in gambling disorder education;

(f) The remaining continuing education hours must be field related.

(g) For the renewal of a license with an ADC or CS reciprocal endorsement, an additional ten continuing education hours in substance use disorder education or field related hours.

(h) For a certificate or license holder who is sixty-five years of older and does not hold an ADC or CS reciprocal endorsement, a minimum of twenty approved continuing education hours within a two year period including paragraphs (A)(2)(b), (A)(2)(c), and (A)(2)(f), and including (A)(2)(d) of this rule if they hold a LICDC-CS, and paragraph (A)(2)(e) of this rule if they hold a gambling disorder endorsement.

(3) Chemical dependency counselors may be granted up to a maximum of twenty CEUs for authoring alcohol and other drug related publications at the board's discretion.

(4) A maximum of ten CEUs may be granted for presenting a workshop or teaching substance use disorder, ethics, supervision or gambling disorder related courses. One CEU is given for each contact hour of training. Credit is not granted for preparation time. Presenters must hold the appropriate license or endorsement.

(5) A maximum of ten CEUs may be granted for special language courses or workshops.

(6) The board shall consider relevant education, training, or service completed during the current renewal period by a licensee or certificate holder who is a member of or spouse of a member of the armed forces of the United States or reserve components thereof, the Ohio national guard, the Ohio military reserve, the Ohio naval militia, or the national guard of any other state in determining whether a licensee has fulfilled required continuing education for that renewal period.

(7) Chemical dependency licensees and certificate holders may claim up to four hours of volunteer service toward the continuing education requirement. To qualify under this rule, volunteer services shall:

(a) Be provided at a free clinic or other non-profit organization that offers health care services based on eligibility screenings identifying the client as an "indigent and uninsured person" as that term is defined in division (A)(7) of section 2305.234 of the Revised Code;

(b) Not be credited for license holders in a paid position at the organization at which the services are rendered;

(c) Not be credited for license holders in a paid position at the organization at which the services are rendered;

(d) Be credited as one hour of CE for each sixty minutes spent providing services as a volunteer, not to exceed four hours of the total biennial CE requirement;

(e) Not count toward the requirement to complete three hours of continuing education in ethics continuing education.

(f) Be documented in writing from an administrative official at the organization where services were performed, specifying at a minimum the volunteer's name, date(s) of qualifying volunteer services, number of hours of service, and a brief description of what services the volunteer performed.

(B)

A member of the armed forces of the United States, the Ohio national guard, the Ohio military reserve, the Ohio naval militia, the national guard of any other state, or a reserve component of the armed forces of the United States who has served on active duty, whether inside or outside the United States, for a period in excess of thirty-one days may submit to the board stating that the licensee or certificate holder requires an extension of the current reporting period because the licensee or certificate holder has served on active duty during the current or a prior reporting period. The licensee or certificate holder shall submit proper documentation certifying the active duty service and the length of that active duty service.

Upon receiving the application and proper documentation, the board shall extend the current reporting period by an amount of time equal to the total number of months that the licensee spent on active duty during the current reporting period. For purposes of this paragraph, any portion of a month served on active duty shall be considered one full month.

(C) The board shall send renewal reminders ninety days prior to the lapse date.

(D) The board may audit the renewal of a licensee or certificate holder. If selected for an audit, licensee or certificate holders shall be required to provide verification of completion of the hours required for their renewal period.

(E) Failure to produce proper documentation of continuing education hours or to comply with a continuing education audit may result in a fee and disciplinary action.

Last updated July 5, 2023 at 2:59 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-13-02 Continuing education requirements for prevention certificate holders.

(A) The following steps are required for renewal of a certificate to practice as an OSPCA, OCPS, or OCPC within each two-year period of certification or licensure:.

(1) Completion of a renewal application in the board's electronic application system and submitting the proper fee prior to its expiration date and no earlier than ninety days prior to the expiration date.

(2) Completion of continuing education hours within the two-year renewal cycle with documentation of these hours unloaded onto the boards' continuing education monitoring system prior to renewal application payment.

(a) A minimum of forty hours of approved continuing education credit within the two-year renewal period for an OCPS or OCPC. A minimum of twenty hours of approved continuing education credit within the two-year renewal period for an OCPSA.

(b) A minimum of six hours from content are or domain VI: professional growth and responsibility in prevention science for an OCPS or OCPC. A minimum of three hours from content area or domain VI: professional growth and responsibility in prevention science for an OCPSA. This includes current prevention research, historical perspectives, theoretical approaches and current program models;

(c) A minimum of three hours of the total forty hours for the OCPS or OCPC, and a minimum of one and a half hours of the total twenty hours for the OCPSA shall be in prevention ethics education;

(d) A maximum of three hours may be in cultural humility; and

(e) The remaining hours must be prevention related.

(3) Active OCPS or OCPC holders may be granted up to a maximum of twenty CEUs for authoring substance use disorder prevention, other behavioral health prevention including but not limited to gambling disorder prevention or suicide prevention, or mental health promotion related publications at the board's discretion.

(4) A maximum of ten CEUs may be granted OCPS or OCPC for presenting for the first time, and maximum of five CEUS may be granted to an OCPSA for co-presenting, a workshop or teaching substance use disorder prevention, other behavioral health prevention including but not limited to gambling disorder prevention or suicide prevention, or mental health promotion, prevention ethics, or prevention supervision related courses per renewal period. One and a half CEU is given for each contact hour of training. Credit is not granted for preparation time.

(5) The board shall consider relevant education, training, or service completed during the current renewal period by a licensee or certificate holder who is a member of or spouse of a member of the armed forces of the United States or reserve components thereof, the Ohio national guard, the Ohio military reserve, the Ohio naval militia, or the national guard of any other state in determining whether a licensee has fulfilled required continuing education for that renewal period.

(6) A member of the armed forces of the United States, the Ohio national guard, the Ohio military reserve, the Ohio naval militia, the national guard of any other state, or a reserve component of the armed forces of the United States who has served on active duty, whether inside or outside the United States, for a period in excess of thirty-one days may submit an application to the board stating that the certificate holder requires an extension of the current reporting period because the certificate holder has served on active duty during the current or a prior reporting period. The certificate holder shall submit proper documentation certifying the active duty service and the length of that active duty service.

Upon receiving the application and proper documentation, the board shall extend the current reporting period by an amount of time equal to the total number of months that the certificate holder spent on active duty during the current reporting period. For purposes of this paragraph, any portion of a month served on active duty shall be considered one full month.

(7) OCPSA, OCPS and OCPC holders holders may claim up to four hours of volunteer service toward the forty hour continuing education requirement. To qualify under this rule, volunteer services shall:

(a) Be provided at a free clinic or other non-profit organization that offers health care services based on eligibility screenings identifying the client or consumer as an "indigent and uninsured person" as that term is defined in division (A)(7) of section 2305.234 of the Revised Code;

(i) Not be credited for certificate holders in a paid position at the organization at which the services are rendered;

(ii) Be prevention services provided in compliance with the professional conduct requirements specified agency 4758 of the Administrative Code;

(iii) Be credited as one hour of CE for each sixty minutes spent providing services as a volunteer, not to exceed four hours of the total biennial CE requirement;

(iv) Not count toward the requirement to complete three hours of continuing education in ethics continuing education.

(v) Be documented in writing from an administrative official at the organization where services were performed, specifying at a minimum the volunteer's name, date(s) of qualifying volunteer services, number of hours of service, and a brief description of what services the volunteer performed.

(8) The board shall send renewal reminders ninety days prior to the expiration date prior to it moving to an inactive, lapsed status.

(9) The board may audit the renewal of a license or certificate holder. If selected for an audit, licensee or certificate holders shall be required to have all proper verification of completion of the hours required for their renewal period within the boards' continuing education monitoring system.

(10) Failure to hold proper documentation of continuing education hours or to comply with a continuing education audit may result in a failed audit fee and disciplinary action.

(B) [Reserved]

Last updated April 3, 2024 at 2:34 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-13-03 Special circumstances for the renewal of a license or certificate.

(A) Sixty-five years of age or older status:

(1) Licensees or certificate holders who are retired from any full time employment and sixty-five years of age or older may request senior sixty-five plus status.

(2) Fees are reduced.

(3) To be eligible for sixty-five plus status, the licensee or certificate holder shall document that he/she has reached sixty-five years of age and is no longer employed full time.

(4) If the licensee or certificate holder elects to return to full time employment, the senior sixty-five plus status is automatically voided and the fact shall be recognized on the next renewal application.

(5) In order for a licensee or certificate holder to qualify for "senior sixty-five plus status" they shall work twenty hours or less per week.

(B) Inactive, escrow status:

(1) A licensee or certificate holder who temporarily leaves the field for medical reasons, moving out of state, or leaving employment and does not require certification or licensure in the field may request inactive, escrow status for up to five years.

(2) To apply for inactive, escrow status, the licensee or certificate holder shall submit to the board prior to the lapse date:

(a) A request for this status in the board's electronic online application portal;

(b) The required inactive, escrow status holding fee.

(3) During this period, the licensee or certificate holder shall not practice as a chemical dependency counselor assistant or counselor, or prevention specialist assistant, specialist, or consultant, and shall not use the license, certificate or endorsement designation.

(4) To reactivate the license or certificate the licensee or certificate holder shall submit a renewal application for reinstatement before the five-year limit expires. The request shall be accompanied by the current renewal fee and submission of documentation of the successful completion of required CEUs within the inactive status period.

(5) The licensee or certificate holder's lapse date will be two years from the date of reinstatement.

(6) A licensee or certificate holder who is placed on inactive, escrow status shall still be subject to the code of ethics as defined in rules 4758-8-01 to 4758-8-03 of the Administrative Code.

Last updated April 3, 2024 at 2:34 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-01

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for licensure or certification shall follow and establishes the minimum standard of practice for certified chemical dependency counselor assistants (CDCA), licensed chemical dependency counselors II (LCDCII), licensed chemical dependency counselors III (LCDCIII), licensed independent chemical dependency counselors (LICDC), licensed independent chemical dependency counselors-clinical supervisors (LICDC-CS), and those licensees who carry the gambling disorder endorsement.

(B) A violation of rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a license or certificate or for the denial of the initial license or certificate or renewal, or reinstatement of a license or certificate.

(C) Licensees and certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of their clients and colleagues is paramount. Additionally, licensees and certificate holders lare obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, licensees and certificate holders can foster an environment of trust, credibility, and accountability within their field.

(1) Professional standards:

(a) The licensee or certificate holder shall meet and comply with all terms, conditions or limitations of licensure or certification.

(b) The licensee or certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-01 to 4758-6-14 of the Administrative Code.

(c) A licensee or certificate holder shall obtain appropriate consultation or make an appropriate referral when the client's problem is beyond the licensee or certificate holder's area of training, expertise, competency or scope of practice.

(d) The licensee or certificate holder shall refer clients to a person or agency that the licensee or certificate holder knows is qualified by training, experience, certification or license to provide such professional services.

(e) The licensee or certificate holder shall not participate in discrimination of clients and family members, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(f) The licensee or certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, and statutes.

(g) In general, in substance use disorder and gambling disorder counseling, the best interest of the client is considered to be of paramount importance in making decisions regarding treatment. The "best interest" of the client would reflect these things that would most benefit the client economically, socially, vocationally and in terms of freedom from external restrictions. However, there may exist in the context of substance use disorder or gambling disorder treatment certain protocols, restrictions, or arrangements which are contrary to what clients would consider to be in their best interest. There may also be circumstances in which agency philosophy or orientation or the personal beliefs of the counselor may influence decisions regarding the client's treatment. When such circumstances or restrictions are present, they should be disclosed and explained to the client unless such disclosure is expressly prohibited or would clearly violate the safety, rights or interests of another person.

(h) The licensee or certificate holder shall primarily be concerned with the welfare of the client. The licensee or certificate holder shall respect the integrity of the client.

(i) The licensee or certificate holder shall not engage in any action that violates the civil or legal rights of clients.

(j) The license or certificate holder shall have an obligation to protect the client's right to confidentiality as established by law or the professional standards of practice. Confidential information shall only be revealed to others when the clients or other persons legally authorize to give consent on the behalf of the clients, have given their informed and written consent, unless there is a serious and current or imminent threat of harm to the client of others or as otherwise authorized by law.

(k) The licensee or certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The licensee or certificate holder shall not offer professional services to a client in substance use disorder or gambling disorder counseling with another professional except with the knowledge of the other professional or after the termination of the client relationship with the other professional.

(m) A licensee or certificate holder shall terminate a substance use disorder or gambling disorder counseling or consulting relationship when it is reasonably clear to the licensee or certificate holder that the client is not benefiting from it.

(n) A licensee or certificate holder shall not discontinue professional services to a client unless:

(i) Services have been completed;

(ii) The client requests the discontinuation;

(iii) Alternative or replacement services are arranged; or

(iv) The client is given reasonable opportunity to arrange alternative or replacement services.

(o) A licensee or certificate holder shall not physically or verbally abuse or threaten clients, former clients, or family members of clients or former clients.

(p) A licensee or certificate holder shall not use derogatory language in their written or verbal communications to or about clients, former clients, or family members of clients or former clients.

(q) A licensee or certificate holder is required to submit and maintain their legal address and contact information through the board's electronic licensure system and is required to notify the board of any changes to their name, mailing address, phone number or email address within thirty days.

(r) A licensee or certificate holder shall not provide services without appropriate supervision in accordance with their scope of practice, which shall include completion of any required supervision documentation.

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a felony in Ohio shall be grounds for disciplinary action.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice substance use disorder or gambling disorder counseling shall be grounds for disciplinary action.

(3) Fraud related conduct:

(a) The licensee or certificate holder shall not omit, make any misrepresentation, or make any false statement to the board.

(b) A licensee or certificate holder shall not use a title, designation, credential, license, name, name or organization affiliation, or other language on a letterhead, publication, or document, any social media, or other medium which states or implies an ability, relationship or qualification the licensee or certificate holder is not qualified to use or does not exist.

(c) The licensee or certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate/license is held.

(d) The licensee or certificate holder shall not sign or issue in the licensee or certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The licensee or certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The licensee or certificate holder shall assign appropriate credit to published material.

(g) A licensee or certificate holder shall not falsify, fraudulently amend, knowingly make incorrect entries or fail to make timely essential entries into the client records.

(h) A licensee or certificate holder shall not condone, partake, or assist in billing irregularities or fraud with respect to grants, insurance companies or direct billing.

(i) A licensee or certificate holder shall not bill for services that are not rendered.

(j) A licensee or certificate holder shall not aid or abet another person in misrepresenting professional credentials or engaging in illegal or unethical practice.

(k) A licensee or certificate holder shall not provide services under the signature of their license or certificate while said license or certificate is in an inactive lapsed, escrow, or expired status.

(l) A licensee or certificate holder shall not engage in deceptive behavior in a professional setting whether it is to advance their professional standing, avoid disciplinary action or for any other reason.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The licensee or certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) Except as in rule 4758-11-03 of the Administrative Code, the licensee or certificate holder has the duty to report any violation of this code of ethics to the board.

(c) In submitting information to the board, a licensee or certificate holder shall comply with any requirements pertaining to the disclosure of client information established by federal or state law or regulation.

(d) The license or certificate holder shall comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to, a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(6) Client relationships:

(a) A licensee or certificate holder shall maintain an objective and non-possessive relationship with those they serve and shall not develop, implement, or maintain a multiple relationship or conflict of interest with any client, former client, family member of a client or a former client, or other person encountered in professional or non-professional settings, which may impair professional judgment, increase the risk of exploitation, or not be in the best interest of a client at any time.

(b) A licensee or certificate holder shall not enter into a substance use disorder or gambling disorder counseling relationship with members of his or her own family, friends or close associates or others who might be jeopardized by such a multiple relationship.

(c) If a multiple relationship is recognized, a dependent licensee or certificate holder shall:

(i) Discuss as soon as reasonably possible any potential multiple relationship and/or conflict of interest with the appropriate supervisor;

(ii) Immediately discuss any potential multiple relationship and/or conflict of interest with the client;

(iii) Obtain written consent between the supervisor, licensee or certificate holder, and the client;

(iv) Document how continuation of the multiple relationship and/or conflict of interest serves the best interest of the client. The best interest of the client shall be reassessed and documented.

(v) Consider all factors on a case-by-case basis, such as informed consent, consultation, and supervision.

(d) If a multiple relationship is recognized, an independent licensee shall consult with another independent licensee and document that consultation in addition to following paragraphs (C)(6)(c)(ii) to (C)(6)(c)(v) of this rule

(e) Multiple relationships include, but are not limited to, the following:

(i) Familial relationships;

(ii) Social relationships;

(iii) Emotional relationships;

(iv) Financial relationships, including but not limited to, accepting gifts, bartering for services, accepting free services, or accepting discounts on services;

(v) Supervisory relationships;

(vi) Professional relationships;

(vii) Administrative relationships;

(viii) Legal relationships, and/or;

(ix) Social media/personal virtual relationships.

(f) Regardless if no services were provided to a client by the licensee or certificate holder, all clients of a treatment provider or agency are also considered a client of the licensee or certificate holder that is employed or contracted by that treatment provider or agency.

(g) This paragraph shall also apply to license or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing shall be considered clients of the licensee or certificate holder.

(7) Sexual relationships and misconduct:

(a) Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

(b) A license or certificate holder shall not engage in any type of sexual conduct or sexual relationship with a current client.

(c) A license or certificate holder shall not provide services to anyone in which they have had a prior sexual relationship.

(d) A licensee or certificate holder shall not have a sexual relationship, nor engage in any form of sexual conduct with former client within two years, at a minimum, after the termination of professional services. A licensee or certificate holder shall never engage in a sexual relationship with a former client if such relationship is not in the best interest of the client or increases the risk of client exploitation.

(e) A licensee or certificate holder who chooses to engage in a sexual relationship with a former client after the mandatory two year period of time will have the full burden of demonstrating that the former client has not been exploited, coerced or manipulated intentionally or unintentionally.

(f) A licensee or certificate holder shall never engage in a sexual relationship with a former client's family member if that relationship is not in the best interest of the client or increases the risk of client exploitation.

(g) A licensee or certificate holder shall not sexually harass a client, former client, or family members of a client or former client.

Sexual harassment includes any activity, contact, or conduct that a reasonable person may consider offensive or harassing that is sexual or sexual in nature, including but not limited to: sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexually offensive or harassing.

(h) A licensee or certificate holder shall not sexually harass persons they encounter in professional settings.

(i) Regardless if no services were provided to a client by the licensee or certificate holder, all clients of a treatment provider or agency are also considered a client of the licensee or certificate holder that is employed or contracted by that treatment provider or agency.

(j) This paragraph shall also apply to license or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing shall be considered clients of the licensee or certificate holder.

(8) Private practice:

(a) An independent licensee employed by an agency may not solicit or refer a current client of the agency to the independent licensee's private practice. Independent licensees may offer referrals to client's which include multiple options for the client to choose from and the independent licensee's private practice may be one of the multiple programs.

(b) When setting fees, an independent licensee shall ensure that fees are fair, reasonable and commensurate with the services performed.

(c) An independent licensee shall maintain client records for a period of seven years from the time services are completed.

(9) Professional disclosure:

(a) A licensee or certificate holder shall display a professional disclosure statement at the place where services are performed and shall provide a copy of the disclosure statement to clients upon request.

(b) Professional disclosure statements shall include the name, title, license or certificate type, license or certification number, business address and business phone number of the licensee or certificate holder.

(c) Professional disclosure statements shall identify licensee or certificate holder's formal professional education, areas of competence and the services they provide.

(d) Professional disclosure statements shall include language that directs the client to contact the board should they have complaints about the licensee or certificate holder. The name, address and phone number of the licensing board should be included in this language.

(e) For a licensee employed in a private practice, a fee schedule shall be listed by type of service or hourly rate.

(10) Impairment:

(a) A licensee or certificate holder shall not undertake or continue a professional counseling role when there is a reasonable belief that the judgment, competence and/or objectivity of the licensee or certificate holder is impaired due to mental, emotional, physiological, pharmacological, or substance use conditions.

(b) A licensee or certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or an other physical health related adversity that interferes with the licensee or certificate holder's ability to function competently. A licensee or certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(11) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-03

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for certification shall follow and establishes the minimum standard of practice for registered applicants (RA), Ohio certified prevention specialist assistants (OCPSA), Ohio certified prevention specialists (OCPS) and Ohio certified prevention consultant (OCPC).

(B) A violation of these rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a certificate or for the denial of the initial certificate or renewal, or reinstatement of a certificate.

(C) Prevention certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of consumers and colleagues is paramount. Additionally, certificate holders are obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, prevention certificate holders can foster an environment of trust, credibility, and accountability within their field.

(1) Professional standards:

(a) The certificate holder shall meet and comply with all terms, conditions or limitations of certification.

(b) The certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-07 to 4758-6-10 of the Administrative Code.

(c) The certificate holder shall refer consumers to a person or agency qualified by competency, experience, certification, or license to provide such professional services.

(d) The certificate holder shall not participate in discrimination of clients and family members of clients, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(e) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or any other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(f) The certificate holder shall not administer to him/herself any substances in a manner which would be dangerous or harmful to consumers.

(g) The certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, and statutes.

(h) The certificate holder shall act in the best interest of the consumer. The certificate holder shall act to respect the integrity of the consumer.

(i) The certificate holder shall not engage in any action that violates the civil or legal rights of consumers.

(j) The certificate holder shall maintain an objective and non-possessive relationship with those they are serving and shall not exploit them sexually, emotionally, financially, or otherwise.

Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

(k) The certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The certificate holder shall comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to: duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a felony in Ohio shall be grounds for disciplinary action.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice prevention services shall be grounds for disciplinary action.

(3) Fraud related conduct:

(a) The certificate holder shall not make any misrepresentation or false statement to the board.

(b) A certificate holder shall not use a title, designation, credential, license, firm name, letterhead, publication, term, title or document which states or implies an ability, relationship or qualification the certificate holder is not qualified to use or does not exist.

(c) The certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate is held.

(d) The certificate holder shall not sign or issue in the certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The certificate holder shall assign appropriate credit to published material.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) Except as outlined in rule 4758-11-03 of the Administrative Code, the certificate holder shall report any violation of this code of ethics to the board.

(c) In submitting information to the board, a certificate holder shall comply with any requirements pertaining to the disclosure of consumer information established by federal or state law or regulation.

(d) The license or certificate holder shall comply with all mandatory reporting requirements set forth in the revised code to include, but not limited to, a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(6) Impairment

(a) A certificate holder shall not undertake or continue a professional role when there is a reasonable belief that the judgment, competence and/or objectivity of certificate holder is impaired due to mental, emotional, physiological, pharmacological, or substance use conditions.

(b) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological conditions, emotional distress or an other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(7) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-13-04 Definition of continuing education units.

(A) The continuing education unit (CEU) equals one contact hour of participation in an organized educational format.

(B) CEUs and college courses:

(1) CEUs may be awarded for college courses that address one or more of the knowledge and skill areas associated with substance use disorder counseling, gambling disorder counseling, or prevention science education services.

(2) In determining the number of CEUs to be awarded for college courses, the following conversions shall be used:

(a) One semester hour equals fifteen CEUs

(b) One quarter hour equals ten CEUs.

(C) CEUs may be awarded to programs that address the following knowledge and skill areas:

(1) Counselor areas:

(a) Substance use disorder and recovery knowledge

(b) Counseling procedures and strategies as applied to those with substance use disorder

(c) Group process and techniques

(d) Assessment and diagnosis of substance use disorder

(e) Family dynamics

(f) Pharmacology

(g) Relapse and recovery strategies

(h) Treatment planning

(i) Legal and ethical issues pertaining to substance use disorder professionals

(2) Prevention areas:

(a) Ethics pertaining to prevention professionals

(b) Planning and evaluation

(c) Prevention education and service delivery

(d) Communication

(e) Community organization

(f) Public policy and environmental change

(g) Professional growth and responsibility (prevention foundation and science)

(h) Cultural humility

(3) Chemical dependency counselor supervisor areas:

(a) Counselor development

(b) Professional and ethical standards

(c) Program development and quality assurance

(d) Performance evaluation

(e) Administration

(f) Treatment knowledge

(4) Gambling disorder areas:

(a) Knowledge of gambling disorder

(b) Gambling counseling practice

(c) Special issues in gambling treatment

(d) Professionalism in gambling treatment

(5) Prevention administrator / supervisor areas:

(a) Personnel management

(b) Financial management

(c) Program development and planning

(d) Board development

(e) Policy development

(f) Coalition development

(D) Events for which no CEUs are awarded shall include:

(1) Programs leading to a high school diploma or equivalency certificate.

(2) In-service programs that deal with internal organizational affairs such as benefits, organizational structure or policy and procedures.

(3) Participation in department or committee meetings, delegate assemblies or similar meetings.

(4) Meetings for policy making or problem solving purposes.

(5) Business meetings of professional associations or societies.

(6) Programs delivered through the mass media unless they are an integral part of an educational program, which has prior board approval.

(7) CPR/first aid classes.

Last updated April 3, 2024 at 2:34 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-13-05 Lapsed license or certificate and renewals.

(A) A license or certificate that has not been properly renewed lapses on its expiration date.

(B) Except as otherwise stated in this paragraph, credential holders may renew a license or certificate that has lapsed if the credential holder applies for renewal no later than one years after the license or certificate has lapsed.

(1) The RA certification is not renewable. A RA certification is not eligible for reapplication.

(2) In order to be issued a two year, renewable CDCA certification a credential holder whose CDCA preliminary certification has lapsed shall meet the requirements in paragraph (D) of rule 4758-5-01 of the Administrative Code not later than one year after the CDCA preliminary certification lapses. A credential holder whose CDCA certification is lapsed beyond one year shall be required to reapply for a CDCA preliminary certification and meet all requirements.

(3) Military personnel who have been active within the prior six consectuive months, or their spouses may renew a certification or license without a late fee penalty if the credential was not renewed due to the deployment for more than one-half of the days during the renewal period.

(C) An individual shall not be required to take an examination as a condition of renewal of a lapsed credential, if it is renewed within one year of the date in which it lapsed.

(D) All licenses or certificates are the property of the board and shall be surrendered by the chemical dependency counselor or prevention specialist/consultant upon request by the board.

Last updated July 5, 2023 at 2:59 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-5-01

The chemical dependency counselor assistant (CDCA) certificate is obtained first as a thirteen-month, non-renewable preliminary certification before application for the subsequent two-year, renewable certification.

(A) To be certified as a chemical dependency counselor assistant (CDCA) for a preliminary, non-renewable thirteen-month period, an applicant shall:

(1) Be eighteen years of age and hold a high school diploma or equivalent;

(2) Submit a formal application, including:

(a) Suitable documentation provided in a manner specified by the board;

(b) An application fee; and

(c) A personal attestation statement agreeing to practice by the code of ethical standards adopted by the board.

(3) Complete forty hours of approved substance use disorder specific education which meets the education content and minimum hours as follows:

(a) Substance use disorder and recovery knowledge (five hours)

(b) Counseling procedures and strategies as applied to those with substance use disorder (fourteen hours)

(c) Group process and techniques (five hours)

(d) Assessment and diagnosis of substance use disorder (three hours)

(e) Treatment planning (seven hours)

(f) Legal and ethical issues pertaining to substance use disorder professionals (six hours)

A minimum of one hour must be completed in an ethics course specified by the board.

(4) Substance use disorder specific education hours listed in paragraphs (A)(3)(a) to (A)(3)(f) of this rule must meet the following requirements:

(a) Continuing education coursework from board approved continuing education provider entities, at least fifty per cent of which the total was completed within two years from the date of application;

(b) College coursework verified on an official college or university transcript in which at least fifty percent of the total coursework was completed within five years from the date of application; or

(c) A combination of continuing education and college coursework as described in paragraphs (A)(4)(a) and (A)(4)(b) of this rule in which at least fifty per cent of the coursework has been completed in the last two years.

(5) The preliminary CDCA certification will be granted for thirteen months.

(B) Each individual who holds a preliminary CDCA certification shall complete an application for the CDCA renewable certificate not sooner than ten months from the date the preliminary certificate becomes active and not later than one year after that preliminary CDCA certificate lapses, meeting the following requirements:

(1) Complete thirty hours of approved substance use disorder specific education which meets the education content and minimum hours as follows:

(a) Substance use disorder and recovery knowledge (five hours)

(b) Counseling procedures and strategies with as applied to those with substance use disorder (eight hours)

(c) Group process and techniques (five hours)

(d) Assessment and diagnosis of substance use disorder (five hours)

(e) Treatment planning (six hours)

(f) Legal and ethical issues pertaining to substance use disorder professionals (three hours)

(2) Substance use disorder specific education listed in paragraphs (B)(1)(a) to (B)(1)(f) of this rule must meet the following requirements:

(a) Continuing education coursework from board approved continuing education provider entities which is completed within the first twelve months the individual holds the CDCA preliminary certificate;

(b) College coursework verified on an official college or university transcript in which at least fifty per cent of the total coursework was completed within five years from the date of application;

(c) A combination of continuing education and college coursework as described in paragraphs (B)(3)(a) and (B)(3)(b) of this rule; and

(d) Does not duplicate the same coursework submitted for approval of the preliminary CDCA certificate.

(C) Failure to complete the requirements in paragraph (B) of rule 4758-5-01 of the Administrative Code shall result in a lapse of the individual's preliminary CDCA certification. Individuals whose CDCA preliminary certification is lapsed beyond one year shall be required to reapply and meet all requirements for CDCA preliminary certification.

Last updated April 3, 2024 at 2:40 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-13-06 Expired license or certificate.

(A) Persons whose licenses, certificates, or endorsements have lapsed or expired and who continue to hold themselves out as chemical dependency counselors, certified prevention specialists, or gambling disorder endorsees shall be in violation of Chapter 4758. of the Revised Code.

(B) Persons who practice substance use disorder counseling, gambling disorder counseling, or prevention while their licenses, certificates, or endorsements are under suspension or revocation shall be in violation of Chapter 4758. of the Revised Code.

(C) Persons who engage in substance use disorder counseling, who are not exempt from licensure or certification or who do not already hold a valid license or certificate to practice substance use disorder counseling under Chapter 4758. of the Revised Code, shall be in violation of Chapter 4758. of the Revised Code.

Last updated April 3, 2024 at 2:34 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-13-07 Approval of continuing education units.

(A) Sponsors of education and training programs that are relevant to the practice of chemical dependency counseling, gambling disorder counseling or prevention may apply for CEU approval. Program CEUs may be awarded by the board to any program that addresses the knowledge and skill areas, which contribute to the professional growth of the chemical dependency counselor, gambling disorder endorsee or prevention professional. CEUs may be awarded upon approval of the CEU application.

(1) Procedure to apply for CEU approval:

(a) Complete the program sponsor application process for continuing education unit (CEU) approval no fewer than thirty days prior to the offering of the continuing education course.

(b) Pay the required application fee.

(c) The program shall satisfy at least one of the topic areas of rule 4758-13-04 of the Administrative Code required for application or renewal of a license, certificate or endorsement to practice as a chemical dependency counselor, gambling disorder counselor or prevention professional.

(d) Provide evidence that the program trainer or lecturer has education and training that would qualify them to teach the offered course. Education or training may include, but is not limited to: holding a license or certificate in the subject area in which they are teaching; having a bachelor's or master's degree in the subject area or having other recognized training or experience in the subject area in which they propose to teach.

(2) If CEU approval is granted, the sponsor shall provide one of the following forms of participant verification of attendance:

(a) Upload verification of participant attendance including license or certificate number onto the board's continuing education monitoring system.

(b) Provide each program participant with a verification of attendance form which shall include the following information:

(i) Title of the program;

(ii) Date of the program;

(iii) Participant's name;

(iv) Program sponsor's name;

(v) Number of CEUs attended;

(vi) CEU approval number;

(vii) CEU approved education content area(s).

(3) Sponsors shall maintain participant attendance records for five years.

(B) Entities that regularly sponsor CEUs and wish to obtain a provider status may apply to the board for a one year or two year provider status:

(1) Procedure to apply for provider status:

(a) A provider shall have sponsored fifty hours of education within the last three consecutive years approved by the board;

(b) The provider shall complete the application process for provider status.

(c) The provider shall pay the required application fee.

(2) If provider status is granted, the board reserves the right to audit the provider's course offerings and may request information including but not limited to the following:

(a) All approved courses including titles, hours approved, and content areas awarded;

(b) Timed agenda;

(c) Course goals and objectives;

(d) Verification of presenter(s) qualifications, or

(e) Verification of qualifications of person(s) approving continuing education and applicable content areas assigned.

(3) The provider shall also provide one of the following forms of participant verification of attendance:

(a) Upload verification of participant attendance including license or certificate number onto the board's continuing education monitoring system.

(b) Provide each program participant with a verification of attendance form which shall include the following information:

(i) Title of the program;

(ii) Date of the program;

(iii) Participant's name;

(iv) Program sponsor's name;

(v) Number of CEUs attended;

(vi) Provider number;

(vii) CEU approved education content area(s).

(4) Providers shall maintain participant attendance records for five years.

(5) For CEU approval to be granted to a program, the provider shall obtain evidence that the program trainer or lecturer has education and training that would qualify them to teach the offered course. Education or training may include, but is not limited to: holding a license or certificate in the subject area in which they are teaching; having a bachelor's or master's degree in the subject area or having other recognized training or experience in the subject area in which they propose to teach.

(6) Providers shall maintain evidence that each course is either planned, reviewed or conducted by one of the following:

(a) For chemical dependency specific training: an LCDC II, LCDC III, LICDC, LICDC-CS or an individual credentialed by IC&RC or NAADAC at a chemical dependency counseling level.

(b) For prevention specific training: an OCPS, OCPC, or an individual credentialed by IC&RC or NAADAC at a prevention specialist level.

(c) For chemical dependency clinical supervisor specific training: an LICDC-CS or an individual credentialed by IC&RC or NAADAC at a chemical dependency clinical supervisor level.

(7) Renewal of provider status:

(a) A provider may apply for renewal of their provider status by completing the renewal application process and paying the renewal application fee to the board.

(b) The board may refuse to renew the status of any provider who fails to comply with the requirements of this rule. Approved provider status may be withdrawn for cause.

Last updated April 3, 2024 at 2:34 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03

Chapter 4758-14 Master's Accreditation

Ohio Adm.Code 4758-14-01 Master's accreditation.

(A) Master's endorsement is an official board endorsement of qualified behavioral science master's degree training programs. Education institutions accredited by an accrediting agency accepted by the Ohio board of higher education may apply for master's endorsement. Endorsement may be awarded by the board to any education institution master's degree program that addresses the subject content areas and contact hours defined by the board which contributes to the professional growth of the chemical dependency counselor.

(B) Applicants for master's endorsement for an accredited master's program in addiction/substance use disorder counseling, clinical counseling, clinical psychology, counseling psychology, pediatrics psychology, or social work shall file with the board a written application. The application packet contains all documentation and forms necessary to obtain endorsement and shall consist of, at a minimum, the following:

(1) A completed form prescribed by the board;

(2) A non-refundable master's endorsement fee;

(3) Documentation of program coursework which includes the following content areas and contact hours:

(a) Substance use disorder and recovery knowledge (twenty-four hours);

(b) Counseling procedures and strategies as applied to those with substance use disorder (thirty hours);

(c) Group process and techniques (eighteen hours);

(d) Assessment and diagnosis of substance use disorder (twenty-four hours);

(e) Family dynamics (twenty-four hours);

(f) Pharmacology (eighteen hours, with six hours specific to medication assisted treatment/recovery);

(g) Relapse and recovery strategies (six hours);

(h) Treatment planning (eighteen hours); and

(i) Legal and ethical issues pertaining to substance use disorder professionals (eighteen hours).

(C) Applicants for master's endorsement for a master's program not listed in paragraph (B) of this rule shall provide, in addition to the application requirements listed in paragraphs (B)(1) to (B)(3) of this rule, the following:

(1) Documentation of master's level coursework within a behavioral science master's degree in the following content areas and contact hours:

(a) Counseling theories (forty clock hours);

(b) Individual and group counseling procedures (eighty clock hours with a minimum of twenty clock hours in individual counseling and twenty clock hours in group counseling);

(c) Fundamentals of assessment and diagnosis and psychopathology (ninety clock hours);

(d) Cultural humility (thirty clock hours); and

(e) Ethics (thirty clock hours).

(2) Documentation of credentials and names of course instructors.

(D) The board shall review the application packet. As a result of this review, the board shall notify the applicant of one of the following:

(1) Approval of the endorsement meeting LICDC education license requirements;

(2) The need for additional documentation; or

(3) The proposed denial of the application.

(E) Upon approval by the board, endorsement will be awarded to the education institution for a period of three years. During this endorsement period, the education institution shall:

(1) Provide curriculum changes to the board as they occur. These changes shall be reviewed by the board to ensure compliance with endorsement standards and requirements.

(2) Provide students who complete the endorsed program with documentation indicating they have completed a board endorsed program.

(3) Open applicable classes to the board for monitoring and cooperate with the board should an official monitoring be required.

(F) Education institutions that are awarded endorsement may renew that endorsement every five years by:

(1) Completing a renewal application and

(2) Submitting the endorsement fee.

(G) Revocation of endorsement

(1) The board may revoke an education institution's endorsement status for any of the following:

(a) Falsification of forms,

(b) Failure to remain in compliance with the board's endorsement criteria and policies,

(c) Investigation and verification by the board of written complaints or charges by consumers or others,

(d) Refusal to comply with an investigation by the board.

(2) The board shall notify the education institution at the address provided by the contact person on the application if it intends to propose to revoke the endorsement and shall comply with hearing procedures pursuant to Chapter 119. of the Revised Code.

(3) Upon revocation of endorsement, the education institution shall:

(a) Cease using the endorsement status and

(b) Remove endorsement from publicity materials.

Last updated April 3, 2024 at 2:36 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03

Chapter 4758-15 Reciprocity

Ohio Adm.Code 4758-15-01 Reciprocity with IC&RC jurisdictions.

(A) The board is a member of the international certification and reciprocity consortium (IC&RC).

(B) Individuals shall meet the following requirements to obtain an IC&RC reciprocal certification:

(1) To be certified as an IC&RC ADC, an individual shall complete the following:

(a) Submission of an application and required non-refundable fee;

(b) Hold an active LCDC II, LCDC III, or LICDC under this chapter;

(c) Four thousand hours of supervised work experience specific to the ADC domains not used to obtain original license under paragraph (B)(1)(b) of this rule;

(i) An associate's degree in a behavioral science may substitute for one thousand hours of work experience;

(ii) A bachelor's degree in a behavioral science may substitute for two thousand hours of work experience;

(iii) A master's degree in a behavioral science may substitute for four thousand hours of work experience.

(d) One hundred twenty hours of education specific to the ADC domains not used to obtain original license under paragraph (B)(1)(b) of this rule. Six hours must be specific to chemical dependency counselor ethics. The IC&RC ADC domains are as follows:

(i) Screening, ass essment, and engagement;

(ii) Treatment planning, collaboration, and referral;

(iii) Counseling;

(iv) Professional and ethical responsibilities.

(e) Completion of supervised experience specific to the ADC domains,

(i) The following hours are required:

(a) Two hundred fifty hours for individuals who hold an associate's degree

(b) Two hundred hours for individuals who hold a bachelor's degree

(c) One hundred hours for individuals who hold a master's degree

(ii) The IC&RC ADC domains and minimum hours in each domain are as follows:

Screening, assessment and engagementTen Hours
Treatment planning, collaboration and referralTen Hours
CounselingTen Hours
Professional and ethical responsibilitiesTen Hours

(iii) The supervisor shall provide verification that the applicant has obtained the required hours of supervised experience specific to the ADC domains, which includes the twelve core functions and TAP 21 competencies.

(f) Pass the IC&RC ADC examination;

(g) Submit a signed statement agreeing to practice by the code of ethical standards adopted by the board;

(h) Complete forty hours of continuing education every two years.

(2) To be certified as an IC&RC CS, an individual shall complete the following:

(a) Submission of an application and required non-refundable fee;

(b) Hold an active LICDC-CS

(c) Hold and maintain an IC&RC ADC certification at the IC&RC reciprocal level.

(d) Eight thousand hours of ADC counseling specific work experience not used to obtain original license under paragraph (B)(1)(b) of this rule;

(i) Of this work experience, two thousand hours shall be ADC clinical supervisor work experience;

(ii) The two thousand hours may be included in the eight thousand hours;

(iii) Of the two thousand hours, two hundred hours shall be face to face clinical supervision;

(iv) Of the two hundred hours of face to face clinical supervision, one hundred hours may be performed electronically in real time;

(v) An associate's degree in a behavioral science may substitute for one thousand hours of work experience;

(vi) A bachelor's degree in a behavioral science may substitute for two thousand hours of work experience;

(vii) A master's degree in a behavioral science may substitute for four thousand hours of work experience.

(e) Pass the IC&RC CS examination;

(f) Sign a clinical supervisor specific code of ethics statement or affirmation statement;

(g) Complete six hours of clinical supervisor continuing education every two years. The six hours may be a part of the forty hours of continuing education obtained for the ADC recertification.

(3) To be certified as an IC&RC PS, an individual shall hold an active OCPS or OCPC issued by the board.

(C) An applicant may apply to the board for certification or licensure by IC&RC reciprocity provided:

(1) The applicant holds a valid reciprocal level certificate or license from a member jurisdiction of the IC&RC or its successor;

(2) The board maintains membership in the IC&RC;

(3) The board receives documentation from the IC&RC member jurisdiction indicating the applicant is duly licensed or certified and entitled to its endorsements;

(4) The applicant provides the board with documentation of their educational experience which shall be consistent with educational requirements for licensure or certification under Chapter 4758. of the Revised Code;

(5) The applicant meets the code of ethics for chemical dependency counselors, clinical supervisors or prevention specialists as outlined in rules 4758-8-01 to 4758-8-03 of the Administrative Code.

Last updated April 3, 2024 at 2:36 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-01

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for licensure or certification shall follow and establishes the minimum standard of practice for certified chemical dependency counselor assistants (CDCA), licensed chemical dependency counselors II (LCDCII), licensed chemical dependency counselors III (LCDCIII), licensed independent chemical dependency counselors (LICDC), licensed independent chemical dependency counselors-clinical supervisors (LICDC-CS), and those licensees who carry the gambling disorder endorsement.

(B) A violation of rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a license or certificate or for the denial of the initial license or certificate or renewal, or reinstatement of a license or certificate.

(C) Licensees and certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of their clients and colleagues is paramount. Additionally, licensees and certificate holders lare obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, licensees and certificate holders can foster an environment of trust, credibility, and accountability within their field.

(1) Professional standards:

(a) The licensee or certificate holder shall meet and comply with all terms, conditions or limitations of licensure or certification.

(b) The licensee or certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-01 to 4758-6-14 of the Administrative Code.

(c) A licensee or certificate holder shall obtain appropriate consultation or make an appropriate referral when the client's problem is beyond the licensee or certificate holder's area of training, expertise, competency or scope of practice.

(d) The licensee or certificate holder shall refer clients to a person or agency that the licensee or certificate holder knows is qualified by training, experience, certification or license to provide such professional services.

(e) The licensee or certificate holder shall not participate in discrimination of clients and family members, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(f) The licensee or certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, and statutes.

(g) In general, in substance use disorder and gambling disorder counseling, the best interest of the client is considered to be of paramount importance in making decisions regarding treatment. The "best interest" of the client would reflect these things that would most benefit the client economically, socially, vocationally and in terms of freedom from external restrictions. However, there may exist in the context of substance use disorder or gambling disorder treatment certain protocols, restrictions, or arrangements which are contrary to what clients would consider to be in their best interest. There may also be circumstances in which agency philosophy or orientation or the personal beliefs of the counselor may influence decisions regarding the client's treatment. When such circumstances or restrictions are present, they should be disclosed and explained to the client unless such disclosure is expressly prohibited or would clearly violate the safety, rights or interests of another person.

(h) The licensee or certificate holder shall primarily be concerned with the welfare of the client. The licensee or certificate holder shall respect the integrity of the client.

(i) The licensee or certificate holder shall not engage in any action that violates the civil or legal rights of clients.

(j) The license or certificate holder shall have an obligation to protect the client's right to confidentiality as established by law or the professional standards of practice. Confidential information shall only be revealed to others when the clients or other persons legally authorize to give consent on the behalf of the clients, have given their informed and written consent, unless there is a serious and current or imminent threat of harm to the client of others or as otherwise authorized by law.

(k) The licensee or certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The licensee or certificate holder shall not offer professional services to a client in substance use disorder or gambling disorder counseling with another professional except with the knowledge of the other professional or after the termination of the client relationship with the other professional.

(m) A licensee or certificate holder shall terminate a substance use disorder or gambling disorder counseling or consulting relationship when it is reasonably clear to the licensee or certificate holder that the client is not benefiting from it.

(n) A licensee or certificate holder shall not discontinue professional services to a client unless:

(i) Services have been completed;

(ii) The client requests the discontinuation;

(iii) Alternative or replacement services are arranged; or

(iv) The client is given reasonable opportunity to arrange alternative or replacement services.

(o) A licensee or certificate holder shall not physically or verbally abuse or threaten clients, former clients, or family members of clients or former clients.

(p) A licensee or certificate holder shall not use derogatory language in their written or verbal communications to or about clients, former clients, or family members of clients or former clients.

(q) A licensee or certificate holder is required to submit and maintain their legal address and contact information through the board's electronic licensure system and is required to notify the board of any changes to their name, mailing address, phone number or email address within thirty days.

(r) A licensee or certificate holder shall not provide services without appropriate supervision in accordance with their scope of practice, which shall include completion of any required supervision documentation.

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a felony in Ohio shall be grounds for disciplinary action.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice substance use disorder or gambling disorder counseling shall be grounds for disciplinary action.

(3) Fraud related conduct:

(a) The licensee or certificate holder shall not omit, make any misrepresentation, or make any false statement to the board.

(b) A licensee or certificate holder shall not use a title, designation, credential, license, name, name or organization affiliation, or other language on a letterhead, publication, or document, any social media, or other medium which states or implies an ability, relationship or qualification the licensee or certificate holder is not qualified to use or does not exist.

(c) The licensee or certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate/license is held.

(d) The licensee or certificate holder shall not sign or issue in the licensee or certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The licensee or certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The licensee or certificate holder shall assign appropriate credit to published material.

(g) A licensee or certificate holder shall not falsify, fraudulently amend, knowingly make incorrect entries or fail to make timely essential entries into the client records.

(h) A licensee or certificate holder shall not condone, partake, or assist in billing irregularities or fraud with respect to grants, insurance companies or direct billing.

(i) A licensee or certificate holder shall not bill for services that are not rendered.

(j) A licensee or certificate holder shall not aid or abet another person in misrepresenting professional credentials or engaging in illegal or unethical practice.

(k) A licensee or certificate holder shall not provide services under the signature of their license or certificate while said license or certificate is in an inactive lapsed, escrow, or expired status.

(l) A licensee or certificate holder shall not engage in deceptive behavior in a professional setting whether it is to advance their professional standing, avoid disciplinary action or for any other reason.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The licensee or certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) Except as in rule 4758-11-03 of the Administrative Code, the licensee or certificate holder has the duty to report any violation of this code of ethics to the board.

(c) In submitting information to the board, a licensee or certificate holder shall comply with any requirements pertaining to the disclosure of client information established by federal or state law or regulation.

(d) The license or certificate holder shall comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to, a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(6) Client relationships:

(a) A licensee or certificate holder shall maintain an objective and non-possessive relationship with those they serve and shall not develop, implement, or maintain a multiple relationship or conflict of interest with any client, former client, family member of a client or a former client, or other person encountered in professional or non-professional settings, which may impair professional judgment, increase the risk of exploitation, or not be in the best interest of a client at any time.

(b) A licensee or certificate holder shall not enter into a substance use disorder or gambling disorder counseling relationship with members of his or her own family, friends or close associates or others who might be jeopardized by such a multiple relationship.

(c) If a multiple relationship is recognized, a dependent licensee or certificate holder shall:

(i) Discuss as soon as reasonably possible any potential multiple relationship and/or conflict of interest with the appropriate supervisor;

(ii) Immediately discuss any potential multiple relationship and/or conflict of interest with the client;

(iii) Obtain written consent between the supervisor, licensee or certificate holder, and the client;

(iv) Document how continuation of the multiple relationship and/or conflict of interest serves the best interest of the client. The best interest of the client shall be reassessed and documented.

(v) Consider all factors on a case-by-case basis, such as informed consent, consultation, and supervision.

(d) If a multiple relationship is recognized, an independent licensee shall consult with another independent licensee and document that consultation in addition to following paragraphs (C)(6)(c)(ii) to (C)(6)(c)(v) of this rule

(e) Multiple relationships include, but are not limited to, the following:

(i) Familial relationships;

(ii) Social relationships;

(iii) Emotional relationships;

(iv) Financial relationships, including but not limited to, accepting gifts, bartering for services, accepting free services, or accepting discounts on services;

(v) Supervisory relationships;

(vi) Professional relationships;

(vii) Administrative relationships;

(viii) Legal relationships, and/or;

(ix) Social media/personal virtual relationships.

(f) Regardless if no services were provided to a client by the licensee or certificate holder, all clients of a treatment provider or agency are also considered a client of the licensee or certificate holder that is employed or contracted by that treatment provider or agency.

(g) This paragraph shall also apply to license or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing shall be considered clients of the licensee or certificate holder.

(7) Sexual relationships and misconduct:

(a) Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

(b) A license or certificate holder shall not engage in any type of sexual conduct or sexual relationship with a current client.

(c) A license or certificate holder shall not provide services to anyone in which they have had a prior sexual relationship.

(d) A licensee or certificate holder shall not have a sexual relationship, nor engage in any form of sexual conduct with former client within two years, at a minimum, after the termination of professional services. A licensee or certificate holder shall never engage in a sexual relationship with a former client if such relationship is not in the best interest of the client or increases the risk of client exploitation.

(e) A licensee or certificate holder who chooses to engage in a sexual relationship with a former client after the mandatory two year period of time will have the full burden of demonstrating that the former client has not been exploited, coerced or manipulated intentionally or unintentionally.

(f) A licensee or certificate holder shall never engage in a sexual relationship with a former client's family member if that relationship is not in the best interest of the client or increases the risk of client exploitation.

(g) A licensee or certificate holder shall not sexually harass a client, former client, or family members of a client or former client.

Sexual harassment includes any activity, contact, or conduct that a reasonable person may consider offensive or harassing that is sexual or sexual in nature, including but not limited to: sexual advance; sexual solicitation; request for a sexual favor; a text, picture, or video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexually offensive or harassing.

(h) A licensee or certificate holder shall not sexually harass persons they encounter in professional settings.

(i) Regardless if no services were provided to a client by the licensee or certificate holder, all clients of a treatment provider or agency are also considered a client of the licensee or certificate holder that is employed or contracted by that treatment provider or agency.

(j) This paragraph shall also apply to license or certificate holders employed to work in any capacity in recovery housing. Residents in recovery housing shall be considered clients of the licensee or certificate holder.

(8) Private practice:

(a) An independent licensee employed by an agency may not solicit or refer a current client of the agency to the independent licensee's private practice. Independent licensees may offer referrals to client's which include multiple options for the client to choose from and the independent licensee's private practice may be one of the multiple programs.

(b) When setting fees, an independent licensee shall ensure that fees are fair, reasonable and commensurate with the services performed.

(c) An independent licensee shall maintain client records for a period of seven years from the time services are completed.

(9) Professional disclosure:

(a) A licensee or certificate holder shall display a professional disclosure statement at the place where services are performed and shall provide a copy of the disclosure statement to clients upon request.

(b) Professional disclosure statements shall include the name, title, license or certificate type, license or certification number, business address and business phone number of the licensee or certificate holder.

(c) Professional disclosure statements shall identify licensee or certificate holder's formal professional education, areas of competence and the services they provide.

(d) Professional disclosure statements shall include language that directs the client to contact the board should they have complaints about the licensee or certificate holder. The name, address and phone number of the licensing board should be included in this language.

(e) For a licensee employed in a private practice, a fee schedule shall be listed by type of service or hourly rate.

(10) Impairment:

(a) A licensee or certificate holder shall not undertake or continue a professional counseling role when there is a reasonable belief that the judgment, competence and/or objectivity of the licensee or certificate holder is impaired due to mental, emotional, physiological, pharmacological, or substance use conditions.

(b) A licensee or certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or an other physical health related adversity that interferes with the licensee or certificate holder's ability to function competently. A licensee or certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(11) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-8-03

(A) The following rules of conduct set forth the minimum standards of conduct which all applicants for certification shall follow and establishes the minimum standard of practice for registered applicants (RA), Ohio certified prevention specialist assistants (OCPSA), Ohio certified prevention specialists (OCPS) and Ohio certified prevention consultant (OCPC).

(B) A violation of these rules of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation or for restrictions to be placed on a certificate or for the denial of the initial certificate or renewal, or reinstatement of a certificate.

(C) Prevention certificate holders are expected to exemplify unwavering integrity in their professional endeavors. They should consistently act in a manner that is ethical, honest, and transparent. Maintaining the trust and confidence of consumers and colleagues is paramount. Additionally, certificate holders are obligated to uphold integrity in their personal relationships and activities, understanding that their actions outside of work can significantly impact their professional reputation. By demonstrating integrity both professionally and personally, prevention certificate holders can foster an environment of trust, credibility, and accountability within their field.

(1) Professional standards:

(a) The certificate holder shall meet and comply with all terms, conditions or limitations of certification.

(b) The certificate holder shall recognize limitations of his or her competency based on professional qualifications, education and experience and shall not offer services or use techniques outside his or her professional competency or scope of practice defined by rules 4758-6-07 to 4758-6-10 of the Administrative Code.

(c) The certificate holder shall refer consumers to a person or agency qualified by competency, experience, certification, or license to provide such professional services.

(d) The certificate holder shall not participate in discrimination of clients and family members of clients, including but not limited to, on the basis of race, ethnicity, color, sex, gender identity or expression, sexual orientation, religion, age, national ancestry, genetic information, parental status, military status, socioeconomic status, political belief, psychiatric or psychological conditions, disability, the amount of previous therapeutic or treatment occurrences, or against other persons that could be subject to discrimination but are not expressly protected by state or federal law.

(e) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological impairment, emotional distress or any other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(f) The certificate holder shall not administer to him/herself any substances in a manner which would be dangerous or harmful to consumers.

(g) The certificate holder shall be aware of and comply with all applicable state and federal guidelines, regulations, and statutes.

(h) The certificate holder shall act in the best interest of the consumer. The certificate holder shall act to respect the integrity of the consumer.

(i) The certificate holder shall not engage in any action that violates the civil or legal rights of consumers.

(j) The certificate holder shall maintain an objective and non-possessive relationship with those they are serving and shall not exploit them sexually, emotionally, financially, or otherwise.

Sexual conduct is any contact with another person, consensual or non-consensual, that engages, or attempts to engage, in any activity that a reasonable person may consider sexual or sexual in nature, including but not limited to: sexual relationship; sexual advance; sexual solicitation; request for a sexual favor; a text, picture, video or social media post of a sexual nature; or any other verbal, non-verbal, or physical activity, contact, or conduct that is sexual or sexual in nature.

(k) The certificate holder shall not place an individual in any activity or setting where such participation could harm the individual.

(l) The certificate holder shall comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to: duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(2) Unlawful conduct:

(a) A conviction for a felony offense in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a felony in Ohio shall be grounds for disciplinary action.

(b) A conviction in the state of Ohio or any act in another state, tribal or military court, or foreign nation that would constitute a misdemeanor offense in Ohio for a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense, or any other offense which relates to the ability to practice prevention services shall be grounds for disciplinary action.

(3) Fraud related conduct:

(a) The certificate holder shall not make any misrepresentation or false statement to the board.

(b) A certificate holder shall not use a title, designation, credential, license, firm name, letterhead, publication, term, title or document which states or implies an ability, relationship or qualification the certificate holder is not qualified to use or does not exist.

(c) The certificate holder shall not practice under a false name or under a name other than the name in which his or her certificate is held.

(d) The certificate holder shall not sign or issue in the certificate holder's capacity, any document or statement that he or she knows to contain either a false or misleading statement.

(e) The certificate holder shall not produce, publish, create, or partake in the creation of any false, deceptive or misleading advertisement.

(f) The certificate holder shall assign appropriate credit to published material.

(4) Discipline in other jurisdictions:

(a) Any denial, suspension, revocation, probation or other restriction or discipline on certification, license or other authorization to practice issued by any certification authority or any state, province, territory, tribe or other federal government shall be regarded by the board as an ethics complaint and shall be reported to the board.

(5) Cooperation with the board:

(a) The certificate holder shall cooperate in any investigation conducted pursuant to this code of ethics and shall not interfere with an investigation or a disciplinary proceeding or other legal action.

(b) Except as outlined in rule 4758-11-03 of the Administrative Code, the certificate holder shall report any violation of this code of ethics to the board.

(c) In submitting information to the board, a certificate holder shall comply with any requirements pertaining to the disclosure of consumer information established by federal or state law or regulation.

(d) The license or certificate holder shall comply with all mandatory reporting requirements set forth in the revised code to include, but not limited to, a duty to report abuse, neglect, or exploitation of a minor child or protected adult.

(6) Impairment

(a) A certificate holder shall not undertake or continue a professional role when there is a reasonable belief that the judgment, competence and/or objectivity of certificate holder is impaired due to mental, emotional, physiological, pharmacological, or substance use conditions.

(b) A certificate holder shall seek appropriate professional assistance for any substance abuse or dependence, psychiatric or psychological conditions, emotional distress or an other physical health related adversity that interferes with the certificate holder's ability to function competently. A certificate holder shall request inactive status for medical reasons when appropriate and notify the board and comply with rule 4758-11-02 of the Administrative Code, or may contact the board's confidential safe-haven program and comply with rule 4758-11-03 of the Administrative Code.

(7) Procedure for processing ethical complaints:

A violation of any of the rules of conduct may result in disciplinary action being taken by the board pursuant to section 4758.30 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 3, 2024 at 1:35 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-15-02 Reciprocity.

(A) By the authority granted under sections 4758.25 and 4796.30 of the Revised Code, the board shall determine and issue a license, certificate, or endorsement in accordance with Chapter 4796. of the Revised Code and does not exceed the applicant's training.

(B) All applicants for reciprocity shall file with the board a formal application in a manner prescribed by the board that necessary to be licensed or certified at a particular level, specific to substance use disorder counseling/treatment, gambling disorder treatment, or prevention, and consists of the following:

(1) Documentation that the applicant:

(a) Holds a license, certificate, or endorsement in another state for at least one year prior to the application; or

(b) Has satisfactory work experience, a government certification, or a private certification if the applicant is coming from a state that does not issue the license, certificate, or endorsement for which the applicant is applying.

(2) Documentation of the applicant's passing score on an alcohol and drug counselor exam or documentation of the applicant's passing score on a prevention specialist exam if one has been completed;

(3) Documentation that the applicant has actively engaged in the practice specific to substance use disorder counseling/treatment, gambling disorder treatment, or prevention in a equivalent scope of practice in which the applicant is applying, as follows:

(a) License, certificate, endorsement, or government certification: twelve consecutive months within the five years immediately preceding the date of application;

(b) Private certifications: twenty-four consecutive months within the five years immediately preceding the date of application; or

(c) If paragraph (B)(3)(a) or (B)(3)(b) of this rule does not apply, then work experience: thirty-six consecutive months within the five years immediately preceding the date of application.

(4) Documentation that any license, certificate, endorsement, government certification, or a private certification was held and maintained in good standing or was never surrendered or revoked because of negligence or intentional misconduct in any jurisdiction that the applicant has held a license, certificate, endorsement, government certification, or a private certification in the same profession in which the applicant is applying; and

(5) Current criminal records check in accordance with Chapter 4758. of the Revised and agency 4758 of the Administrative Code.

(C) Pay the fee equal to the renewal fee set by the board.

(D) The board may waive any or all the above for applications submitted and approved through IC&RC.

Last updated April 2, 2024 at 8:59 AM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03

Chapter 4758-17 Active Duty Service Member Spouses

Ohio Adm.Code 4758-17-02 Active duty military, spouses and veterans.

(A) This rule utiliizes section 5903.01 of the Revised Code for defintions of armed forces, service member, merchant member, and veteran. This rule utlizes section 4743.041 of the Revised Code for definitions of active guard, military duty, and uniformed services.

(B) The board shall prioritize and expedite applications and record and track applications for veterans, an individual on active military duty, or the spouse of an individual on active military duty.

(C) The board shall issue a license or certificate to an individual or spouse of an individual on active military duty in this state as prescribed in section 4743.041 of the Revised Code.

(D) The board may require an active duty military or their spouse to provide the board with adequate documentation to meet all of the following:

(1) Application for a license or certificate from the board,

(2) Criminal records check as required under Chapter 4758. of the Revised Code and agency 4758 of the Administrative Code,

(3) Satisfactory evidence of the service member's active duty status in this state and documentation of the projected length of the active duty service,

(4) A copy of the active duty military member and spouse's marriage license,

(5) A copy of the license or certificate authorizing the spouse to provide services in alcohol or other drug prevention or treatment in another jurisdiction,

(6) The licensee or certificate holder's scope of practice in the jurisdiction where they are licensed or certified,

(7) The requirements which were in place in that jurisdiction at the time the license or certificate was issued,

(8) Other documentation as deemed reasonably necessary by the board.

(E) Unless otherwise prescribed in section 4743.041 of the Revised Code, the board shall:

(1) Determine an equivalent level of licensure or certification to issue,

(2) Award a license or certificate with an expiration date not to exceed the date of expiration on the jurisdictional license or certificate,

(3) If the license or certificate expires prior to the completion of the active military duty status, the license or certificate may be renewed with the board by one of the following methods:

(a) Providing documentation that the jurisdictional license or certificate has been renewed, or

(b) Renewing the certificate or license with the board by providing:

(i) The required number of continuing education hours on a pro-rated basis according to the amount of time the license or certificate was held, and

(ii) The license or certificate renewal application.

(F) The certificate or license returns to the board upon expiration of the active military duty status and as prescribed in section 4743.041 of the Revised Code.

(G) Licensees and certificate holders under this section must keep all information current with the board, including but not limited to, active duty, military or marital status.

Last updated July 5, 2023 at 2:59 PM

History

  • Effective: July 3, 2023
  • Promulgated Under: 119.03

Chapter 4758-20 Personal Information Systems

Ohio Adm.Code 4758-20-01 Personal information systems.

(A) The following regulations shall govern the control of personal information maintained by the board.

(1) The executive director shall be directly responsible for each applicant's personal information maintained in the board's personal information system. The executive director shall:

(a) Inform all employees who have been assigned responsibility for the operation, maintenance, or use of personal information of the applicable provisions of Chapter 1347. of the Revised Code and rules adopted there under.

(b) Inform all persons requested to supply personal information to only that which is necessary and relevant to functions of the board as required or authorized by statue or rule.

(c) Restrict the collection, maintenance, and use of personal information to only that which is necessary and relevant to functions of the board as required or authorized by statue or rule.

(d) Provide to all persons asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of all other agencies or organizations that have access to the system.

(e) Allow all persons to inspect their personal information pursuant to section 1347.08 of the Revised Code. Upon receiving a request and verifying that the person requesting access to the personal information is the subject of the information contained in the system, the employee shall:

(i) Provide the personal information to that person;

(ii) Permit the person or the person's legal guardian, or an attorney who presents a signed authorization made by the person, to inspect all personal information in the system of which the person is subject, except where prohibited by law;

(iii) Inform the person of the uses made of the personal information and identify other users who have access to the system;

(iv) Allow persons who wish to exercise their right to inspect personal information, as provided by this rule, to be accompanied by one individual of that person's choice;

(v) Provide, for a reasonable fee, copies of any personal information the person is authorized to inspect; and

(vi) Investigate disputes concerning the accuracy, relevance, timeliness or completeness of personal information pursuant to section 1347.09 of the Revised Code.

(2) The board shall discipline any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings attention to the appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the personal information system.

(3) The board shall monitor its personal information system by:

(a) Maintaining the personal information system with the accuracy, relevance, timeliness and completeness necessary to assure fairness in any determination made by the board that is based on information contained in the system; and

(b) Eliminating unnecessary information from the system.

(4) The board shall investigate, upon request, the accuracy, relevance, timeliness or completeness of personal information which is disputed by a person who is the subject of information contained in the system within ninety days after receipt of a request. The board shall:

(a) Notify the disputant of the results of the investigation and any action the Board intends to take with respect to the disputed information; and

(b) Delete any information the board cannot verify or finds to be inaccurate; and

(c) Permit the disputant, if the disputant is not satisfied with the determination made by the board, to include within the system:

(i) A brief statement of the person's position on the disputed information; or

(ii) A brief statement that the person finds the information in the system to be inaccurate, irrelevant, outdated, or incomplete.

(d) The board shall maintain a copy of all statements made by the disputant.

(5) The board shall not place personal information into an interconnected and combined system, unless the system contributes to the efficiency of the agencies or organizations authorized to use the system in implementing programs, which are required or authorized by law.

(6) The board shall not use personal information placed into an interconnected and combined system by another state or local agency or organization, unless the personal information is necessary and relevant to the performance of a lawful function of the board.

(7) The board shall make available, upon request, all information concerning fees charged by the board for reproduction of materials contained in its personal information system.

Last updated April 18, 2023 at 12:26 PM

History

  • Effective: June 13, 2004
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-20-02 Definitions, abbreviations and titles for confidential personal information.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the board rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Board" means the chemical dependency professionals board.

(D) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(E) "Confidential personal information" (CPI) has the meaning as defined in division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the board in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rule that make personal information maintained by the board confidential.

(F) "Employee of the board" means each employee of the board regardless of whether he or she holds an elected or appointed office or position with the board. "Employee of the board" is limited to the chemical dependency professionals board.

(G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(H) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(I) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(J) "Person" means a natural person.

(K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(M) "Research" means a methodical investigation into a subject.

(N) "Routine" means commonplace, regular, habitual, or ordinary.

(O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information related to employees and maintained by the agency for internal administrative and human resource purposes.

(P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(Q) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated April 18, 2023 at 12:26 PM

History

  • Effective: May 6, 2013
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-20-03 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the following shall apply:

(A) Criteria for accessing confidential personal information. Personal information systems of the board are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the board to fulfill his or her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The board shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the board, the board shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the board has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the board shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the board shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the board may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the board determines that notification would not delay or impede an investigation, the board shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the board shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The board executive director shall designate an employee of the board to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the board with both the implementation of privacy protections for the confidential personal information that the board maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The board executive director shall designate an employee of the board to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated April 18, 2023 at 12:26 PM

History

  • Effective: September 1, 2016
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-20-04 Valid reasons for accessing confidential personal information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the board's exercise of its powers or duties, for which only employees of the board may access confidential personal information regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees of the board to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of confidential personal information the board maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure, certification, continuing education approval, or accreditation processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters including, but not limited to, hiring, promotion, demotion, discharge, salary and compensation issues, leave requests and related issues, time sheet approvals and related issues.

(14) Complying with an executive order or policy;

(15) Complying with an agency policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

Last updated April 18, 2023 at 12:26 PM

History

  • Effective: September 1, 2016
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-20-05 Confidentiality statutes for confidential personal information.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the board confidential and identify the confidential personal information within the scope of the rules promulgated by this board in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a.(2010), unless the individual was told that the number would be disclosed.

(B) Medical records: health insurance portability and accountability act, 45 CFR 160(2013), 42 USC 1320(2008).

(C) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code.

(D) All records the board holds pertaining to an ethics investigation during the investigation: section 4758.31 of the Revised Code and rule 4758-10-01 of the Administrative Code.

Last updated April 18, 2023 at 12:26 PM

History

  • Effective: May 6, 2013
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-10-01

(A) The board may refuse to admit for examination, issue, renew, or may suspend, revoke, reprimand or place restrictions on any license, certificate, or endorsement applied for under Chapter 4758. of the Revised Code, or may take other disciplinary action against any licensee, certificate holder, endorsee, or applicant for one or more of the following reasons:

(1) Violation of any provision of Chapter 4758. of the Revised Code or any rules adopted under it.

(2) Making a false statement on an application for a license, certificate, or endorsement or for renewal, restoration or reinstatement of a license, certificate, or endorsement.

(3) Acceptance of a commission or rebate for referring an individual to a person who holds a license, certificate, or endorsement issued by, or who is registered with, an entity of state government, including persons practicing substance use disorder counseling, gambling disorder counseling, prevention services, or fields related to substance use disorder counseling, gambling disorder counseling, or prevention services.

(4) Conviction in this or any other state of any crime that is a felony in this state.

(5) Conviction in this or any other state of a misdemeanor committed in the course of practice as a licensee, certificate holder or endorsee, or a theft, fraud, violent, alcohol, drug, or sexual misdemeanor offense which relates to the ability to practice substance use disorder or gambling disorder counseling, or prevention services.

(6) Inability to practice as a licensee, certificate holder or endorsee due to substance use or abuse or other physical or mental conditions.

(7) Practicing outside the individual's scope of practice.

(8) Practicing without complying with supervision requirements specified under section 4758.55, 4758.56, 4758.59, 4758.61 or 4758.63 of the Revised Code.

(9) Violation of the code of ethical practice and professional conduct for substance use disorder or gambling disorder counseling, prevention services, or clinical supervision outlined in rules 4758-8-01 to 4758-8-03 of the Administrative Code.

(10) Revocation of a license or certificate or voluntary surrender of a license or certificate in another state or jurisdiction for an offense that would be a violation of section 4758.30 of the Revised Code.

(11) Failure to meet education, experience, examination, and other requirements set forth in Chapter 4758. of the Revised Code;

(B) Authority of the board to take action against an applicant, licensee, certificate holder, or endorsee:

(1) A violation of any of the rules of conduct or ethical rules may result in one or more of the following disciplinary actions:

(a) Refusal to issue a license, certificate, or endorsement;

(b) Refusal to renew a license, certificate, or endorsement;

(c) Reprimand of a licensee, certificate holder, or endorsee;

(d) Suspension of a license, certificate, or endorsement;

(e) Revocation of a license, certificate, or endorsement; or

(f) Surrender of a license, certificate, or endorsement.

(2) Past disciplinary actions taken against a licensee or certificate holder of this board may be considered in the choice of sanctions for a new offense. Section of sanctions to be imposed shall be at the discretion of the board after the licensee has been provided a right to a hearing pursuant to Chapter 119. and as outlined in section 4758.30 of the Revised Code.

(C) Persons wishing to file a grievance against a licensee or certificate holder of this board or against someone seeking licensure may do so by obtaining and completing a written grievance form and submitting it to the board by mail, fax, or email.

(D) The board may initiate an investigation against a licensee or certificate holder if the board has reason to believe that the licensee or certificate holder is violating any laws or rules outlined in Chapter 4758. of the Revised Code or agency 4758 of the Administrative Code.

(E) The board shall give the applicant, licensee, or certificate holder notice in accordance with Chapter 119. and Chapter 4758. of the Revised Code, if it intends to propose to reprimand, suspend, revoke, place restrictions on, or fail to issue or renew the license, certificate, or endorsement.

(F) If the board decides to revoke a license, certificate, or endorsement, the licensee or certificate holder may reapply for the issuance of a license, certificate, or endorsement five years after the revocation of the license, certificate, or endorsement.

(G) If the board decides to deny the issuance of a license, certificate, or endorsement, the applicant may reapply for the issuance of a license, certificate, or endorsement not less than one year after the denial.

Last updated April 3, 2024 at 2:43 PM

History

  • Effective: April 1, 2024
  • Promulgated Under: 119.03
Ohio Adm.Code 4758-20-06 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the following shall apply:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the board acquires a new computer system that stores, manages or contains confidential personal information, the board shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(C) Upgrading existing computer systems. When the board modifies an existing computer system that stores, manages or contains confidential personal information, the board shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The board shall require employees of the board who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the board is accessing confidential personal information for official agency purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the board is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or group of specifically named individuals.

(c) The employee of the board comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or group of specifically named individuals.

(d) The employee of the board accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself or herself.

(ii) The individual makes a request that the board takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the board may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The board shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

(F) Nothing in this rule limits the board from requiring logging in any circumstances that it deems necessary.

Last updated April 18, 2023 at 12:26 PM

History

  • Effective: September 1, 2016
  • Promulgated Under: 119.03

Chapter 4758-99 Severability Provisions

Ohio Adm.Code 4758-99-01 Independent rules.

(A) Each rule of rules 4758-01 to 4758-99 of the Administrative code and every part of each rule is hereby declared to be an independent rule, and the holding of any rule or part thereof to be unconstitutional, void, or ineffective for any cause shall not affect the validity or constitutionality of any other rule or part thereof.

Last updated April 18, 2023 at 12:26 PM

History

  • Effective: June 13, 2004
  • Promulgated Under: 119.03

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