Rules

Readoption Process of Administrative Rules

In the 2013 legislative session, the General Assembly enacted Session Law 2013-413.  This law established G.S. § 150B-21.3A, “Periodic Review and Expiration of Existing Rules.”  This statute requires the Rules Review Commission (“Commission”) to establish a process and schedule for those covered agencies to ensure compliance with the law. This schedule and process requires agencies to review all of their active rules codified in the NC Administrative Code (“the Code”) every 10 years.  An overview of the process was created to capture the process and Commission progress since the law was signed on August 23, 2013.

Review and Readoption Process

Over the next few years, the Board will be readopting and making changes to its Administrative Rules.

At the September 7th, 2018 the Board readopted the following Rules with substantive changes:
21 NCAC 68 .0203, .0205, .0206, .0207, .0208, .0211, .0212, .0305, .0306 (See below for text).

Public Comment Period

The Comment Period will be open from October 15, 2018 – 5:00pm, December 14, 2018. 

A Public Hearing will be held at the December 14th Board Meeting, at 8:30am at the Sheraton Imperial Hotel, 4700 Emperor Blvd, Durham, NC 27703, for any person wishing to make Public Comment in person. The Board will then vote on final adoption at 5:30pm on December 14th during a Conference Call Meeting.

Email Public Comment: [email protected]

Mailed Public Comment: NCSAPPB, Attn: Public Comment, PO Box 10126, Raleigh, NC 27605.

21 NCAC 68 .0203 is proposed for readoption with substantive changes as follows:

21 NCAC 68 .0203             DESIGNATION AS SUBSTANCE ABUSE COUNSELOR INTERN

(a)  An applicant may by-pass early registration at the entry level and seek designation as a Counselor Intern.

(b) (a) To be designated as a Substance Abuse Counselor Intern, a counselor shall submit and successfully complete the following:

(1)           A registration form provided by the Board; Registration status issued by the Board;

(2)           Documentation provided by to the Board verifying the successful completion of 300 hours of Supervised Practice practice by a Certified Clinical Supervisor or Clinical Supervisor Intern;

(3)           Successful completion of the written Achieving a passing score on the Alcohol and Drug Counselor examination developed by the IC&RC/AODA, Inc. IC&RC or its successor organization; and

(4)           Payment of a non-refundable, one hundred twenty-five dollar ($125.00) written one hundred fifty dollar ($150.00) exam fee plus a one hundred twenty-five dollar ($125.00) one hundred fifty dollar ($150.00) registration fee if not already registered Registered with the Board.

(c) (b)  Upon the failure of an applicant to achieve a passing score, the applicant may request a reexamination and pay a non-refundable reexamination fee of one hundred fifty dollars ($150.00) after a period of three months from the date of the failed test.

(d) (c)  Once an individual has been designated as a Substance Abuse Counselor Intern, he or she may function as a counselor intern under an approved supervisor at a ratio of one hour of supervision for every 40 hours of practice.

History Note:        Authority G.S. 90-113.30; 90-113.33; 90-113.34; 90-113.38; 90-113.39; 90-113.40; 90-113.41;
Eff. August 1, 1996;
Amended Eff. August 1, 2002; August 1, 2000.
Amended Eff. February 1, 2019.

 

21 NCAC 68 .0205 is proposed for readoption with substantive changes as follows:

 

21 NCAC 68 .0205             CERTIFIED SUBSTANCE ABUSE COUNSELOR CERTIFICATION

Requirements for certification as a Certified Substance Abuse Counselor shall be as follows:

(1)           Successful completion Completion of 6,000 hours of paid or volunteer supervised experience earned in not less than three years, as set out in G.S. 90-113.40(a).  If the work setting is not exclusively substance abuse focused, the applicant may accumulate experience proportional to the substance abuse services performed; performed or as determined and verified by the applicant supervisor.

(2)           Board approved education and training of at least 270 clock hours as follows:

(a)           Substance Abuse Specific (SAS) education and training in the amount of at least 190 hours;

(b)           Up to 80 hours may be directed toward general professional skill building to enhance counselor development;

(c)           No more than 25% of the 270 hours (67.5) hours may be inservice in-service education received within the applicant’s organization by staff of the same organization;

(d)           The 190 Substance Abuse Specific clock hours needed for initial certification must be in the core competencies.  Core competencies are listed as follow:

(i)            Basic alcoholism and drug addiction knowledge;

(ii)           Screening, intake, orientation orientation, and assessment;

(iii)          Individual, group group, and family counseling and intervention techniques;

(iv)          Case management, treatment planning, reporting reporting, and record keeping;

(v)           Crisis intervention skills:

(vi)          Prevention and client education;

(vii)         Consultation, referral referral, and networking that utilizes community resources;

(viii)        Ethics, legal issues, and confidentiality;

(ix)          Special populations which that include but are not limited to individuals or groups with specific ethnic, cultural, sexual orientation, and gender characteristics as well as persons dealing with HIV, co-occurring disabilities, persons with criminal justice related issues issues, and perinatal issues:

(x)           Physiology and pharmacology of alcohol and other drugs that include the licit and illicit drugs, inhalants inhalants, and nicotine;

(xi)          Psychological, emotional, personality personality, and developmental issues; and

(xii)         Traditions and philosophies of 12-step and other recovery support groups;

(e)           Of the 270 clock hours, applicants for certification as a Substance Abuse Professional must document six hours of HIV/AIDS/STDS/TB/Bloodborne pathogens training and education, six hours professional ethics education, and six hours of education to be selected from the following:

(i)            Nicotine Dependence; nicotine dependence;

(ii)           Psychopathology; psychopathology;

(iii)          Evidence-Based Treatment Approaches; evidence-based treatment;

(iv)          Substance Abuse Issues In Older Adults; and substance use disorder issues and senior citizens; and

(v)           Substance Abuse Issues Affecting Veterans; substance use disorder issued affecting veterans; and

(vi)          substance use disorder and domestic violence.

(3)           A one hundred twenty-five dollar ($125.00) written one hundred fifty dollar ($150.00) exam fee and a one hundred twenty-five dollar ($125.00) two hundred dollar ($200.00) non-refundable registration fee, unless previously paid.  The applicant may request a reexamination and pay a non-refundable reexamination fee as set out in G.S. 90-113.38(c) for the written exam if a passing score is not achieved and at least three months have passed from the date of failed test;

(4)           Successful completion of the IC&RC/AODA, Inc. Achieving a passing score on the IC&RC or its successor organization written Alcohol and Drug Counselor exam;

(5)           Completed evaluation forms and contracts for supervision.  These forms must be mailed directly to the Board by three references:  a supervisor, co-worker, and colleague; by the professional’s applicant supervisor documenting 6,000 hours of clinical substance use disorder counseling experience submitted to the Board, and two references from other substance use disorder professionals as part of the application for certification.

(6)           A signed form attesting to the applicant’s adherence An attestation or otherwise signed adherence by the applicant to the Ethical Standards of the Board;

(7)           Documentation of highest level education. Verification of high school graduation, graduation or completion of GED, GED may be evidenced by diploma. Otherwise applicants presenting  baccalaureate or advanced degree; degrees must submit a completed transcript;

(8)           Completed registration forms; application found on the Board’s website.

(9)           Resume; and

(10)         Job description that verifies job function.

History Note:        Authority G.S. 90-113.30; 90-113.31; 90-113.33; 90-113.36; 90-113.39; 90-113.40;
Eff. August 1, 1996;
Amended Eff. January 1, 2010; August 1, 2002; August 1, 2000.
Amended Eff. February 1, 2019.

 

21 NCAC 68 .0206 is proposed for readoption with substantive changes as follows:

21 NCAC 68 .0206             PROCESS FOR PREVENTION CONSULTANT CERTIFICATION

(a)  The Board shall certify an applicant as a substance abuse prevention consultant certified substance abuse prevention consultant as set out in Article 5C of Chapter 90 of the North Carolina General Statutes.  A prevention consultant’s certified substance abuse prevention consultant’s primary responsibilities are to provide substance abuse use disorder information and education, environmental approaches, alternative activities, community organization, networking, and referral. and referral to promote personal health and well-being to individuals, families, and communities who may not otherwise be clients receiving substance use disorder treatment.

(b)  In addition to the requirements set out in G.S. 90-113.40, the The requirements for certification include:

(1)           Supervised work experience as set out in G.S. 90-113.40(a)(8) in prevention consultation.

(2)           270 hours of academic and didactic training divided in the following manner:

(A)          170 hours primary and secondary prevention and in the prevention performance domains; and

(B)          100 hours in substance abuse use disorder specific studies, which includes  six hours of HIV/AIDS/STDS/TB/Bloodborne pathogens training and education, six hours professional ethics education, and six hours of education to be selected from the following:

(i)            Nicotine Dependence; nicotine dependence;

(ii)           Psychopathology; psychopathology;

(iii)          Evidence-Based Treatment Approaches; evidence-based treatment;

(iv)          Substance Abuse Issues in Older Adults; and substance use disorder issues and senior citizens;

(v)           Substance Abuse Issues Affecting Veterans. substance use disorder issues and veterans; and

(vi)          substance use disorder issues and domestic violence.

(3)           Supervised practical training as set out in G.S. 90-113.40(a)(7);

(4) (3)    A minimum of 300 hours of supervised practical training practice hours documented by a certified substance abuse professional; clinical supervisor, clinical supervisor intern, or certified substance abuse prevention consultant who has been certified more than three years;

(5)  (4)    A form signed by the applicant attesting to the applicant’s adherence  An attestation or otherwise signed adherence by the applicant to the Ethical Standards of the Board;

(6)  (5)    An application packet fee of twenty-five dollars ($25.00), a certification fee of one hundred twenty-five dollars ($125.00), two hundred dollar ($200.00) and an examination fee of one hundred twenty-five dollars ($125.00). one hundred fifty dollars ($150.00).

History Note:        Authority G.S. 90-113.30; 90-113.31B; 90-113.33; 90-113.34; 90-113.38; 90-113.39; 90-113.40; 90-113.41;
Eff. August 1, 1996;
Amended Eff. January 1, 2014; August 1, 2002; April 1, 2001; August 1, 2000.
Amended Eff. February 1, 2019

 

21 NCAC 68 .0207 is proposed for readoption with substantive changes as follows:

21 NCAC 68 .0207             CERTIFICATION OR LICENSURE PERIOD

Certification or licensure is for a period of two years after which re-credentialing renewal is necessary. Failure to renew a credential within five business days following the end of the two-year period shall result in a late renewal fee of one hundred and twenty-five dollars ($125.00) to be paid by the professional in addition to the renewal fee of one hundred and fifty dollars ($150.00).

History Note:        Authority G.S. 90-113.30; 90-113.37; 90-113.33; 09-113.37A; 90-113.38;
Eff. August 1, 1996;
Amended Eff. January 1, 2010.
Amended Eff. February 1, 2019.

 

21 NCAC 68 .0208 is proposed for readoption with substantive changes as follows:

21 ncac 68 .0208             CONTINUING EDUCATION REQUIRED RENEWAL REQUIREMENTS FOR Counselor, CriMinal justice addictions professional AND PREVENTION CONSULTANT re-credentialing

(a)  In order to be re-credentialed, a substance abuse professional renew a certification, a certified substance abuse counselor, certified criminal justice addictions professional, and certified substance abuse prevention consultant shall:

(1)           Comply with the following: Complete sixty hours of training approved or recognized by the Board as follows:

(A)          No more than 25 percent may be in-service education, received within your organization by staff of the same employment;

(B)          No more than 25 percent of workshop presentation with one hour of presentation translating to one hour of education.  Workshop presentation shall be a part of an event pre-approved by the Board as set out in these Rules;

(C)          An applicant shall include documentation of each event submitted;

(D)          All applicants shall include three hours of HIV/AIDS/STDS/TB/Bloodborne pathogens training and education, three hours of professional ethics training and education and three hours of education to be selected from the list appearing in Rule 21 NCAC 68 .0205(2)(e)(i) through (v) for each re-credentialing; in Rule 21 NCAC 68 .0205(2)(e)(i); and

(E)           No more than 50 percent self-study, shall be self-study or pre-recorded online training; and approved by the Board as set out in these Rules; and

(2)           Submit the following:

(A)          A completed application form with continuing education documented; renewal application found on the Board website;

(B)          A non-refundable one hundred twenty-five dollar ($125.00) one hundred fifty dollar ($150) recertification fee; and

(C)          A signed and dated An attestation or adherence statement that the applicant shall follow the substance abuse professional’s code of conduct.

(b)  Each credentialed counselor, criminal justice addictions professional and prevention consultant shall receive 60 hours of Board approved, as set out in these Rules, education during the current re-credentialing period that shall be documented.  No more than 25 percent may be in-service education.  A minimum of 30 hours shall be substance abuse specific (SAS).  The education may include a combination of hours including attending and conducting workshops.

(c)  To be re-credentialed, The renewal application of a certified criminal justice addictions professional and a certified substance abuse counselor shall submit a include post-certification supervision contract signed by agreement between a practice supervisor and supervisee.  The supervision required by this Rule shall be provided by the practice supervisor and set forth as follows:

(1)           The first 4,000 hours of practice shall be performed at the rate of one hour of supervision for every 40 hours of practice;

(2)           The second 4,000 hours of practice shall be performed at the rate of one hour of supervision for every 80 hours of practice;

(3)           All subsequent practice shall be performed at the rate of one hour of supervision for every 160 hours of practice.

History Note:        Authority G.S. 90-113.30; 90-113.33; 90-113.37; 90-113.37A; 90-113.38; 90-113.39;
Eff. August 1, 1996;
Amended Eff. June 1, 2011; April 1, 2011; January 1, 2010; April 1, 2003; August 1, 2002; August 1, 2000.
Amended Eff. February 1, 2019.

 

21 NCAC 68 .0211 is proposed for readoption with substantive changes as follows:

21 NCAC 68 .0211             PROCESS FOR CLINICAL SUPERVISOR CERTIFICATION AND RENEWAL

In order to be certified as a Clinical Supervisor an applicant shall:

(a) In order to be certified as a certified clinical supervisor, an applicant shall:

(1)           Obtain and maintain a license as a Clinical Addictions Specialist licensed clinical addictions specialist to be eligible for Clinical Supervisor Certification; certified clinical supervisor;

(2)           Hold a master’s or higher degree in a human services field with a clinical application from a regionally accredited college or university;

(3)           Submit documentation signed by the Certified Clinical Supervisor certified clinical supervisor of 4000 hours or two years full-time experience as a Substance Abuse Clinical Supervisor, in a supervisory role working or volunteer in a clinical setting, supervised in at a ratio of one hour supervision for every 80 hours of practice in the field of alcohol and other drug abuse; misuse;

(4)           Submit documentation of 30 hours of clinical supervision specific education for initial certification and 15 hours of clinical supervision specific education for re-certification (which will occur every two years).  certification. These hours shall be reflective of clinical supervision domains. or clinical supervision of the twelve core functions or performance domains in their clinical application and practice and may also be used as re-credentialing hours for Clinical Addictions Specialist.  For the purpose of re-certification as a Clinical Supervisor, 25 percent of the required total hours may be obtained by providing supervision of a Criminal Justice Addictions Professional, Prevention Consultant, Substance Abuse Counselor or Clinical Addictions Specialist;

(5)           Submit three letters of reference. references. One from a substance abuse professional certified clinical supervisor who can attest to supervisory competence and two from either substance abuse  use disorder counselors professionals who have been supervised by the candidate or substance abuse use disorder professionals who can attest to the applicant’s competence;

(6)           Successfully complete an IC&RC/AODA, Inc. Achieved a passing score on the IC&RC or its successor organization’s written clinical supervisor examination;

(7)           Pay all application fees.  A fee of twenty-five dollars ($25.00) shall be submitted to the Board with a letter of intent in order to receive the application packet.   Board. Also, an applicant shall submit with a completed registration packet a registration fee of one hundred twenty-five dollars ($125.00) two hundred dollars ($200.00) and a written an examination fee of one hundred twenty-five dollars ($125.00); of one hundred fifty dollars ($150.00).

(8)           Submit a fee of one hundred twenty-five dollars ($125.00) required as a recertification fee.

(b) In order to renew as a certified clinical supervisor, the certified professional shall submit to the Board the following:

(1) A completed renewal found on the Board website with 15 clock hours of continuing education in the field of clinical supervision;

(2) An attestation or adherence statement by the applicant stating his or her commitment to follow the Board’s code of ethical conduct; and

(3) A recertification or renewal fee of one hundred fifty dollars ($150.00).

History Note:        Authority G.S. 90-113.30; 90-113.33; 90-113.34; 90-113.38; 90-113.40; 90-113.41; 90-114.41A;
Eff. August 1, 1996;
Amended Eff. January 1, 2010; August 1, 2002; August 1, 2000.
Amended Eff. February 1, 2019.

 

21 NCAC 68 .0212 is proposed for readoption with substantive changes as follows:

21 NCAC 68 .0212             PROCESS FOR RESIDENTIAL FACILITY DIRECTOR CERTIFICATION

(a)  Residential facility director certification may be obtained and continued by any person credentialed as a Substance Abuse Counselor or Clinical Addictions Specialist. certified substance counselor or licensed clinical addictions specialist.

(b)  Requirements for certification shall be as follows:

(1)           50 hours of academic and didactic management specific training;

(2)           Recommendation of applicant’s current supervisor;

(3)           Recommendation of a colleague and or co-worker of the applicant; and

(4)           An application packet fee of twenty-five dollars ($25.00), a registration fee of one hundred twenty-five dollars ($125.00), two hundred dollars ($200.00). and a certification fee of one hundred twenty-five dollars ($125.00).

(c)  In addition to meeting the continuing education requirements to practice as a Certified Counselor certified substance abuse counselor or Clinical Addictions Specialist, licensed clinical addictions specialist, in order to maintain certification as a Residential Facility Director, certified substance abuse residential facility director, the applicant shall take 40 hours of continuing education every two years and maintain documentation of such training. years. Anyone allowing certification to lapse beyond three months of the re-certification due date shall reapply as a new applicant.

History Note:        Authority G.S. 90-113.30; 90-113.33; 90-113.35; 90-113.37A; 90-113.38; 90-113.39; 90-113.40;
Eff. August 1, 1996;
Amended Eff. January 1, 2010; August 1, 2002; August 1, 2000.
Amended Eff. February 1, 2019.

 

21 NCAC 68 .0305 is proposed for readoption with substantive changes as follows:

21 NCAC 68 .0305             Licensure REQUIREMENTS FOR INDIVIDUAL APPLICANT Initial applicants for licensed clinical addictions specialist

In addition to meeting the requirements of G.S. 90-113.40, an An applicant seeking licensure as a clinical addictions specialist shall submit the following, if applicable: following:

(1)           Documentation of completion of:

(a)           Six  hours of HIV/AIDS/STDS/TB/Bloodborne pathogens training and education;

(b)           Six hours of professional ethics training; and

(c)           Six hours of clinical supervision specific training.  training; and

(d)           Six hours selected from the following list:

(i)            Nicotine Dependence; nicotine dependence;

(ii)           Psychopathology; psychopathology;

(iii)          Evidence-Based Treatment Approaches; evidence-based treatment;

(iv)          Substance Abuse Issues in Older Adults; and substance use disorder issues and senior citizens;

(v)           Substance Abuse Issues Affecting Veterans. substance use disorder issues and veterans; and

(vi)          substance use disorder issues and domestic violence.

All hours listed in Sub-items (a), (b), (c) and (d) of this Item may be this section may be included in the 180 hours completed for licensure in the core competencies by an applicant not in the deemed status. of substance use disorder training required for licensure;

(2)           Copy A copy of a substance abuse specialty certificate or its equivalent; or transcript if the applicant is applying under Criteria C as defined in G.S. 90-113.40 (c) (3), or seeking education credit as described in Item 1 of this Rule under any other Criteria outlined in G.S. 90-113.40 (c);

(3)           Copy of his or her masters’ or doctorate degree diploma; An official transcript of completed masters or other advanced degree in a human services field with a clinical application, if not previously submitted under Item 2 of this Rule;

(4)           Completed registration form; and A completed application found on the Board’s website; and

(5)           Payment of the following fees:

(a)           All applicants who are in the deemed status group shall make payment of a non-refundable application fee of ten dollars ($10.00) and payment of a non-refundable credentialing fee of forty dollars ($40.00).

(b)           All other applicants shall make payment of an application packet fee of twenty-five dollars ($25.00) and payment of a non-refundable credentialing registration fee of one hundred twenty-five dollars ($125.00). two hundred dollars ($200.00).

(c)           All applicants seeking credentialing pursuant to Criteria A, Criteria B, and Criteria C Criteria C, and where applicable Criteria D (Deemed Status) of G.S. 90-113.40(c) shall make payment of a non-refundable examination fee of one hundred twenty-five dollars ($125.00).  one hundred fifty dollars ($150.00).

History Note:        Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.40; 90-113.41; 90-113.43;
Temporary Adoption Eff. November 15, 1997;
Eff. April 1, 1999;
Amended Eff. January 1, 2014; August 1, 2002.
Amended Eff. February 1, 2019.

 

21 NCAC 68 .0306 is proposed for readoption with substantive changes as follows:

21 NCAC 68 .0306             RENEWAL OF INDIVIDUAL licensure AS Licensed CLINICAL ADDICTIONS SPECIALIST

(a)  An applicant who is in the deemed status group shall submit the following every two years:

(1)           A completed application form and a copy of the applicant’s current substance abuse licensure or its equivalent from the deemed status professional discipline.

(2)           A non-refundable re-licensing fee of thirty-five dollars ($35.00).

(b)  All other individual applicants shall:

(1)           Renew licensure as classified by the criteria for their original licensing every two years.

(2)           Document completing 40 hours of education pursuant to Section .0400 of this Chapter, during the current licensing period.  A minimum of 30 hours shall be substance abuse use disorder specific.  This education may include a combination of hours including attending and providing workshops.

(3)           Meet re-licensing educational guidelines as a substance abuse use disorder professional as follows:

(A)          No more than 25 percent may be in-service education, received within the applicant’s organization by staff of the same employment.

(B)          No more than 25 percent receiving supervision with two hours of supervision translating to one hour of education.

(C)          No more than 25 percent of workshop presentation with one hour of presentation translating to one hour of education.  Workshop presentation shall be pursuant to Rule .0213 of this Chapter.

(D)          All applicants shall include three hours of HIV/AIDS/STDS/TB/Bloodborne pathogens training and education, three hours of professional ethics training and education, and three hours of education to be selected from the list appearing in Rule.0305(1)(d) of this Section.

(4)           Submit a completed application form with continuing education documented.

(5)           Submit a non-refundable one hundred twenty-five dollar ($125.00) one hundred fifty dollar ($150.00) re-licensing fee.

History Note:        Authority G.S. 90-113.30; 90-113.33; 90-113.37; 90-113.37A; 90-113.38; 90-113.39; 90-113.41A; 90-113.43;
Temporary Adoption Eff. November 15, 1997;
Eff. August 1, 1998;
Amended Eff January 1, 2014; April 1, 2003; August 1, 2002.
Amended Eff. February 1, 2019.